Harry Reid

Mr. REID

Mr. REID. Yes, basically.

Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 43; that the cloture motion at the desk be reported; that the mandatory quorum under rule XXII be waived; that there be 90 minutes for debate, with 30 minutes under the control of the chair and 1 hour under the control of the vice-chair of the Intelligence Committee, with 30 minutes of the vice- chair's time under the control of Senator Paul; that following the use or yielding back of that time on the nomination, the Senate proceed to vote on the cloture motion; that if cloture is invoked, the Senate proceed to vote on the confirmation of the nomination, without intervening action or debate; further, that the motion to reconsider be considered made and laid on the table, with no intervening action or debate; that no further motions be in order to the nomination; that the President be immediately notified of the Senate's action, and the Senate then resume legislative session. Mr. President, before I hear from my friends on the consent, I have no problem if people want to talk for a long time, no problem. I have done it a time or two in my day. But I think that the rest of the body needs to know if we are going to finish tonight or tomorrow or the next day. So my consent request is pretty direct. We would have 90 more minutes of debate, an hour under the control of the Senator from Georgia, and 30 minutes under the control of Senator Feinstein or their designees.

Mr. REID. Mr. President, I would simply say, if there is objection, we will come back tomorrow.

Mr. REID. Mr. President, I am not in a position to talk for the Attorney General. We will just finish this matter tomorrow.

Mr. REID. Mr. President, everyone should plan on coming tomorrow. We are through for the night.

Mr. REID

Mr. REID. Mr. President, would my friend yield without losing for the floor for a unanimous consent request?

Mr. REID

Mr. REID. Mr. President, before the Chaplain leaves the Chamber, I want to say something on behalf of all the Senators. New Senators probably don't know him as well as those who have been here longer than the beginning of this year, but we are so fortunate to have this good man leading the Senate in our spiritual activities. He leads the prayer every morning. We have a ``Prayer Breakfast'' every Wednesday. And during that period of time when we don't see him, he is out counseling people who work here, including individual Senators. During the last few years, my wife has been ill and has had a bad accident. He has been so in tune with her, making sure that we all are aware of how well she is doing. She has had a great recovery. So on behalf of the whole Senate, I extend my appreciation to this good man--a man who was born with very little except a very good mother who taught him early on--and had a very keen intellect--that with his mind he could accomplish a great deal. As far as memory, there is only one other person I have known in my lifetime who had a memory like his, and that was Robert Byrd, the longtime Senator from West Virginia. Chaplain Black has a remarkable memory of not only all the Scriptures, Old and New Testament, but poems. He has an intellect that is really amazing. Again, I repeat, we are all so very fortunate that he is Chaplain of the Senate.

Mr. REID

Mr. REID. Mr. President, following leader remarks today, the Senate will be in morning business until 11:45 a.m., with the majority controlling the first 30 minutes and the Republicans controlling the second 30 minutes. Following morning business the Senate will proceed to the consideration of S. Res. 64, which is the committee funding resolution. At about 12:15 p.m. there will be a rollcall vote on Senator Paul's amendment striking funding for the National Security Working Group. Following the vote the Senate will be in recess until 2:15 p.m. to allow for the weekly caucus meetings. As a reminder, I filed cloture on the nomination of Caitlin Halligan to be U.S. circuit judge for the DC Circuit, and I will discuss that in just a few minutes. We are going to vote on her tomorrow.

Mr. REID

Mr. REID. Mr. President, four-time Prime Minister of the United Kingdom William Gladstone said something we all have repeated many times: ``Justice delayed is justice denied.'' By that measure millions of Americans who rely on courts that are overworked and understaffed are being denied the justice they rightly deserve. With 1 out of every 10 Federal judgeships today vacant, Americans can no longer rely on fairness and speedy trials. More than one-half of the Nation's population lives in a part of the country that has been declared a judicial emergency--more than one-half. The high number of vacancies isn't due to a lack of qualified lawyers to take these jobs; it is due, instead, to blatant partisanship. I am going to lay out in a few minutes what is remarkable. President Obama's judicial nominees have waited on average four times longer to be confirmed than those nominated by the second George W. Bush. Even highly qualified nominees--nominees who are eventually confirmed unanimously or almost unanimously--routinely wait for months to be confirmed because of the delay tactics used by my Republican colleagues. Tomorrow we are going to consider highly qualified Caitlin Joan Halligan to be a DC circuit judge. She has been waiting more than 2 years to be confirmed. She was nominated for the second time to fill a vacancy on the U.S. Court of Appeals for the DC Circuit. This is a court that was formed some 65 years ago. It was done because the Supreme Court couldn't do the cases--they didn't have time to do them, and the circuit courts were overwhelmed with work they couldn't do. Many consider the DC Circuit to be just a tiny notch below the Supreme Court. In fact, Pat Leahy, the chairman of the Judiciary Committee, said yesterday many believe it is more important than the Supreme Court because they have such wide-ranging jurisdiction. Once they make a decision, rarely does the Supreme Court take up their cases. They consider complex appeals of Federal regulations, among other things, and have jurisdiction over vital national security challenges. It is also one of the many courts in crisis across the country. Mr. President, 36 to 37 percent of the DC Circuit seats are vacant. There are four vacancies now. The last appointment to the DC Circuit was made in 2006. It is now 2013. In the years since the number of pending cases per judge has grown to almost 200 from a little over 100. When Ms. Halligan was nominated to the DC Circuit in 2010, she was nominated to fill one of two vacancies. Many Republicans said they voted against her then because there was no need; the DC Circuit had enough judges. Now it is four short. More than 2 years after she was first turned down, her nomination is again before the Senate, and the DC Circuit has four empty seats. The last time the Senate considered Ms. Halligan's nomination, some of my Republican colleagues claimed the DC Circuit didn't need any more judges, so they filibustered the confirmation. No one could credibly make that argument today. If my Republican colleagues choose to filibuster her confirmation a second time, their naked partisanship will certainly be exposed. For example, Patricia Wald, who served on that court for 20 years-- for 5 years she was the chief judge--said of the confirmation process: The constitutional system of nomination and confirmation can work only if there is good faith on the part of both the president and the Senate to move qualified nominees along, rather than withholding consent for political reasons. For example, if someone doesn't want to vote for her, tell them to vote no. Have them vote no. I invite them to vote no. But don't stop her from having an up-or-down vote. I was very troubled with Justice Thomas, who was then a circuit court judge. A decision had to be made by me and many others: Should we allow Justice Thomas an up-or-down vote? The decision was made, yes, we should. He barely made it. He got 2 or 3 votes more than 50. It would have been so easy to stop that nomination, but it would have been the wrong thing to do. As bad as I feel he has been as a jurist, it doesn't matter. He should have had the ability to have an up-or-down vote. A Republican President sent that name forward, and he was entitled to a vote. That was a decision I and many other Democratic Senators made. If my Republican colleagues don't like this woman, for whatever reason, vote against her. Don't stop her from having an up-or-down vote. A second partisan filibuster of this highly qualified nominee by my Republican colleagues would be in very bad faith. I repeat: If for some reason you don't like her, vote against her. Don't stop her from having a vote. One qualified, consensus judicial nominee ought to be treated as another regardless of the political party of the President who made the nomination. President Obama is the only President in 65 years--since this court was formed--to not have a single person put on the DC Circuit. That is how important this court is, and this is how Ms. Halligan and others have been stymied from getting on this court. It is not because President Obama's nominees are anything but totally qualified. Ms. Halligan's colleagues have called her a brilliant legal mind. She has outstanding credentials, strong support from lawyers, a vast number of Republicans, former judges, law enforcement officials, and more than 20 former Supreme Court clerks from across the political spectrum. She graduated with honors from Princeton and Georgetown Law School. She clerked for Justice Patricia Wald, whom I just quoted, and this woman was a judge in the DC Circuit for 20 years, 5 years as a chief judge. If a truly exceptional candidate such as Caitlin Halligan isn't qualified to be a judge in the United States, I don't know who would be. I think it is very delicate ground Republicans are walking on if they think they can filibuster this woman and get away with it. It would be wrong. If they don't like her, vote against her. Mr. President, I suggest the absence of a quorum.

Mr. REID

Mr. REID. Madam President, I ask unanimous consent that the call of the quorum be rescinded.

Mr. REID. Madam President, we yield back the remainder of all time.

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent the Senate consider the following nominations: Calendar Nos. 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and 38, with the exception of Calendar No. 28 Colonel Scott C. Long, and all nominations placed on the Secretary's desk in the Air Force, Army, and Navy; that the nominations be confirmed en bloc; the motions to reconsider be considered made and laid upon the table, with no intervening action or debate; that no further motions be in order to any of the nominations; that President Obama be immediately notified of the Senate's action and the Senate then resume legislative session.

Mr. REID

Mr. REID. I ask unanimous consent that we now proceed to a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. on Wednesday, March 6, 2013; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day; that following any leader remarks, the Senate resume executive session to consider the nomination of Caitlin Halligan to be a U.S. circuit judge for the DC Circuit, with the time until 10:30 a.m. equally divided and controlled in the usual form; further, that at 10:30 a.m. the cloture vote on the Halligan nomination occur.

Mr. REID

Mr. REID. There will be a cloture vote, then, Mr. President, on the Halligan nomination at 10:30 a.m. tomorrow.

Mr. REID

Mr. REID. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it adjourn under the previous order.

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent that the quorum under rule XXII be waived.

Mr. REID

Mr. REID. I ask the chairman of the Judiciary Committee to explain to everyone within the sound of our voices how important the DC Circuit is to our country.

Mr. REID. Mr. President, would my friend yield for a question?

Mr. REID. Mr. President, I ask for permission to ask one more question of the senior Senator.

Mr. REID. Legal scholars have said, and I have read, that they believe the DC Circuit is just a little bit below the Supreme Court; that it hears cases of such significance. That is why it was established some 65 years ago: to take care of cases the Supreme Court couldn't. Is that true?

Mr. REID

Mr. REID. Mr. President, following leader remarks the Senate will be in a period of morning business until 5 p.m. today. Following that morning business, the Senate will proceed to executive session to consider the Chen and Failla nominations to be U.S. district judges, both in the State of New York. At 5:30 p.m. there will be two rollcall votes on confirmation of these nominations.

Mr. REID

Mr. REID. Mr. President, this week the Senate will consider a number of nominations. Tonight we will vote, as I have just indicated, on Pamela Chen to be a judge for the Eastern District of New York and Katherine Failla to serve as district judge for the Southern District of New York. Later this week we are going to consider the nomination of Caitlin Joan Halligan to the U.S. Court of Appeals for the DC Circuit. This circuit now has four vacancies. Ms. Halligan's colleagues say she has ``a brilliant mind'' and ``an abiding respect for law.'' Those are direct quotes. But despite her outstanding credentials and strong support from across the political spectrum, Republicans filibustered her confirmation last Congress. President Obama is the only President in the 65-year history of the DC Circuit Court not to have a single judge confirmed to that court during his first term. Remember, there are now four vacancies. Since she was nominated, two additional vacancies have opened on the DC Circuit. The court desperately needs more judges. This week the Senate will consider the nomination of John Brennan to lead the Central Intelligence Agency. Mr. Brennan's nomination is expected to be reported out of the Intelligence Committee tomorrow. Mr. Brennan served 25 years in the CIA in many extremely important delicate roles and 4 years on the White House national security staff, where he played an instrumental role in finding Osama bin Laden and decimating al Qaida. He is very qualified, he is a wonderful public servant, and he should be confirmed quickly. This week will be a test of the Republicans' goodwill. My Republican colleagues say they respect the Senate's responsibility to advise and consent. My Republican colleagues say they don't plan to obstruct the confirmation process for the sake of obstruction, but they filibustered President Obama's nominee for Secretary of Defense--for the first time in the history of the country, being a former Republican Senator-- delaying Senator Hagel's confirmation for at least 2 weeks. Republicans say they will not filibuster, but their actions say otherwise. Republicans say they are just requiring 60-vote thresholds, but the difference between a filibuster and requiring a 60-vote threshold on nominations is a distinction with no difference. In a nation founded on the principle of justice for all, requiring a 60-vote threshold on nominations is unfair. It is unfair for all. It is extremely important that we adequately staff our Federal courts, and we have not done that. At a time when America faces so many threats abroad, it is crucial we have a talented and dedicated individual such as John Brennan leading our Nation's most prominent intelligence agency. Yet Republicans again and again inject politics into the confirmation process, both when considering judicial nominees and, most recently, when considering Cabinet nominees. There was once a time when Republicans were the ones defending the right of the President to choose the players on his team. Back then it was a Republican in the White House. In 2001, the senior Senator from Utah touted the ``longstanding tradition in the Senate . . . [to] afford the President a significant degree of deference to shape his Cabinet as he sees fit.'' Four years later, after President Bush was reelected, the senior Senator from Arizona pointed out that elections have consequences and said, ``The President has a right to put into place the team he believes will serve him best.'' As we consider key nominations this week and in the future, I hope my Republican colleagues honor the longstanding tradition of the Senate that they have identified and we agree with. I urge my Republican colleagues to consider that if the Senate fails to properly staff our national security agencies or the Nation's judicial system, our inaction will also have consequences.

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent the order for the quorum call be rescinded.