Jeff Sessions

Mr. SESSIONS

Mr. SESSIONS. I thank the chairman. I also appreciate his leadership and those who are signing this report. I think it is a good one. Mr. BROWNBACK addressed the Chair.

Mr. SESSIONS. I want to say how much I respect our chairman. I believe this bill, this appropriations report, represents a commitment by our Nation to reverse the trend of decline. The chairman has supported the President when he is right. He has been prepared to oppose him when he is wrong. As to those who disagree with our firm commitment, that I know the Senator in the chair supports, to reform our nuclear labs and to bring an end to this absolute disaster of security that we have had, I am disappointed that they have not yet gotten the message that serious fundamental reform is needed. They say those words, but when we come down with a good bill that does it, they draw back and again have excuses. I hope we can work this out and the bill will pass.

Mr. SESSIONS. Mr. President, I note the Senator from Kansas would like to be recognized, but I ask if I could just make a few comments about the remarks that Senator Warner has just made.

Mr. SESSIONS

Mr. SESSIONS. Mr. President, I thank my good friend from Mississippi, the chairman of the Agriculture Appropriations committee, for his leadership on this bill and for his accepting this amendment. This amendment reduces funding from the National Research Initiative Competitive Grants Program (NRI) on Nutrition, Food Quality and Health in order to target $750,000 for the continuation of Next Generation Detection and Information Systems for food pathogens and toxins at Auburn University, Auburn, Alabama. amendment no. 1547 (Purpose: To promote eligibility to Berlin, New Hampshire for a rural utilities grant or loan under the Rural Community Advancement Program) At the end of the bill, add the following: ``Sec. . That notwithstanding section 306(a)(7) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 (a)(7)), the city of Berlin, New Hampshire, shall be eligible during fiscal year 2000 for a rural utilities grant or loan under the Rural Community Advancement Program.''.

Mr. SESSIONS

Mr. SESSIONS. Will the Senator yield for a question?

Mr. SESSIONS. I received a communication from an individual who was divorced in January and found out, had they divorced in December, they would have saved almost $2,000 in taxes. My question to the Senator: Does that mean the Federal Government is subsidizing divorce?

Mr. SESSIONS

Mr. SESSIONS. If there is no further business to come before the Senate, I now ask unanimous consent the Senate stand in adjournment under the previous order.

Mr. SESSIONS

Mr. SESSIONS. Mr. President, I ask unanimous consent that the Committee substitute amendment be agreed to, the bill, as amended, be read the third time, and passed, and the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mr. SESSIONS. Mr. President, on behalf of the majority leader, I ask unanimous consent that the Senate proceed to the immediate consideration of calendar No. 166, S. 918.

Mr. SESSIONS

Mr. SESSIONS. Mr. President, I would like to make a few comments at this time upon the death of Judge Frank M. Johnson, Jr., a native Alabamian born in Haleyville, AL, who was appointed to the Federal bench in 1953 by President Eisenhower and who was buried today in his native Winston County, aged 80. That Frank M. Johnson, Jr., was a great judge, there can be no doubt. It is appropriate and fitting that this body, which reviews and confirms all members of the judiciary, pause and consider his outstanding life. His death has attracted national attention. While I knew him and considered him a friend, I am certainly unable to effectively articulate in any adequate way what his long tenure has meant to America and to Alabama, but the impact of his life on law in America is so important, I am compelled to try. I just hope I shall be forgiven for my inadequacies. Many will say that his greatness was to be found in his commitment to civil rights and his profound belief in the ideal of American freedom, which was deep and abiding. These were, indeed, powerful strengths. Others will say that his greatness is the result of his wise handling of a series of pivotal cases that changed the very nature of everyday life throughout America, cases which were at the forefront of the legal system's action to eliminate inequality before the law. Indeed, it is stunning to recall just how many important cases Judge Johnson was called upon to decide and how many of these are widely recognized today as pivotal cases in the history of American law. How did it happen? How did so much of importance fall to him, and how did he, in such a crucial time, handle them with such firm confidence? I tend to believe those cases and his achievements at the root arose out of his extraordinary commitment to law, to the sanctity of the courtroom, and to his passionate, ferocious commitment to truth. That was the key to his greatness. Judge Johnson always sought the truth. He demanded it even if it were not popular. He wanted it unvarnished. Once the true facts in a case were ascertained, he applied those facts to the law. That was his definition of justice. Make no mistake, he was very hard working; very demanding of his outstanding clerks; and, very smart. He finished first in his class at the University of Alabama Law School in 1943. This combination of idealism, courage, industry, and intelligence when applied to his search for truth along with his brilliant legal mind was the source, I think, of his greatness. This explains how when he found himself in the middle of a revolution, he was ready, capable and possessed of the gifts and grades necessary for the challenge. The historic cases he handled are almost too numerous to mention. There was the bus boycott case in which Rosa Parks, the mother of the civil rights movement, was arrested for failing to move to the back of the bus. There, he struck down Alabama's segregation law on public transportation. That was the beginning. Later, there was his order in allowing the Selma to Montgomery march in 1964, the order to integrate his alma mater, the University of Alabama, despite the famous and intense opposition by Governor George C. Wallace, the desegregation of the Alabama State Troopers, historic prison litigation cases and his mental health rulings which were quoted and followed throughout the nation. Each of these and many other cases were truly historic in effect and very significant legally. Did he go too far on occasion? Was he too much of an activist? On a few occasions, perhaps. Some would say, on occasion, the remedies that he imposed maybe went further than they should have, even though most have agreed that his findings of constitutional violations were sound. But, most of the time and in most of the cases he simply followed the law as we had always known it to be, but unfortunately, not as it was being applied. When the State tried to stop the Selma to Montgomery march, Judge Johnson concluded, in words quoted, in a fine obituary by J. Y. Smith in the Washington Post Sunday, that the events at the Pettus Bridge in Selma. Involved nothing more than a peaceful effort on the part of Negro citizens to exercise Constitutional right: that is, the right to assemble peaceably and to petition one's government for the redress of grievances * * * It seems basic to our Constitutional principles that the extent of the right to assemble, demonstrate, and march peaceably along the highways and streets in an orderly manner should be commensurate with the enormity of the wrongs that are being protested and petitioned against. In this case, the wrongs are enormous. The extent of the right to demonstrate against these wrongs should be determined accordingly. These simple, direct and powerful words are typical of the man and his way of thinking. The years in which he presided were tumultuous, the times very tense. I remember the times. Few who were alive in those days do not. Rosa Parks and Frank Johnson-were there. They were present and participating in the commencement of a revolution and the creation of a new social order in America--a better society in which we undertook as a nation to extend equality to all people. True equality has not been fully achieved, but is indisputable that when the hammer of Rosa Parks hit the anvil of Frank Johnson, the sound of freedom rang out loud and clear and to this day that sound has not been silenced. His actions, the cases he decided have caused the anvil of freedom to ring again and again, and that sound changed, not just the South and America but the entire world. Though I never tried a jury case before Judge Johnson, I did have appellate cases before him when he was a member of the U.S. Court of Appeals for the Eleventh Circuit, to which he was appointed by President Carter in the late 1970's. I was honored to meet him occasionally when I was a United States Attorney and when I was a private attorney. I considered him a friend. He had himself been a United States Attorney and he had great respect for the office. In several ways, and at various times he made comments that affirmed me and my service. It made me feel good. Of this I am certain. If the law, in a case before Judge Johnson, and facts were on my client's side my client would win, if not, my client would lose. This was his reputation throughout the Bar and it was one of his highest accomplishments. He was respected by all members of the bar. The stories told by lawyers practicing before Judge Johnson were many and some are now legendary. None were better told than those by the long time federal prosecutor, Broward Segrest, who practiced in Judge Johnson's Courtroom throughout his career. No one knew more of the courtroom events and could tell them better than Broward. There were almost as many Frank Johnson stories as Bear Bryant stories. The point is this: yes, he was famous. Yes, he played an historic role in making this land of equality. And, yes, he was brilliant and fearless. He stood for what he believed in no matter what the consequences at risk to his life. But, it was not just in these great trials that one could divine the nature of his greatness. It was also in the lesser cases that he demonstrated his fierce determination to make justice come alive in his court, for every party in every case. Lawyers who failed to follow the rules of court or to do an effective job for their clients were in big trouble. Because they knew what he expected, what he demanded, they came to his court prepared and ready to do justice. There is so much more than can be said. He once called himself a ``conservative hillbilly'' and that statement could be defended. To Judge Johnson, no one was above the law or above any person who appeared in his court. All were equal. Though a Republican, he was the perfect democrat--with a small ``d''. Neither power, nor wealth, nor status, nor skilled lawyering counted a whit in his court and everyone knew it. He loved democracy, fairness and justice. Judge Johnson was vigorously indignant at crime and corruption. He fully understood that those who stole or cheated were predators and were acting in violation of morality and law. This he would never tolerate. While he was always committed to providing a fair trial, he was known as a prosecutor's judge. He would not tolerate criminality. Judge Johnson loved democracy and fairness and justice. He sought to make that real in his courtroom by finding the truth and skillfully, with intellectual honesty, applying the truth, the facts, to the law. As God gives us the ability to understand it, that is justice, and a judge who does not consistently, in great cases and small, at risk of his life, with skill and determination, and with courage and vision, over a long lifetime is worthy to be called great. Frank M. Johnson, Jr. is worthy.

Mr. SESSIONS

Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of H.R. 66, which is at the desk.

Mr. SESSIONS. Mr. President, I ask unanimous consent that the bill be considered read the third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mr. SESSIONS

Mr. SESSIONS. Mr. President, I ask unanimous consent that the amendment be agreed to, the bill be read a third time and passed, as amended, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mr. SESSIONS. Mr. President, there is a final amendment at the desk, and I ask for its consideration.

Mr. SESSIONS. Mr. President, I ask unanimous consent that the amendment be agreed to.

Mr. SESSIONS. Mr. President, there is a second amendment at the desk. I ask for its consideration.

Mr. SESSIONS. Mr. President, I ask unanimous consent the amendment be considered as read and agreed to.

Mr. SESSIONS. Mr. President, Senator McCain has an amendment at the desk. I ask for its consideration.

Mr. SESSIONS. Mr. President, I ask unanimous consent that the committee amendments be agreed to.

Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of Calendar No. 161, S. 305.

Mr. SESSIONS

Mr. SESSIONS. Mr. President, I ask unanimous consent to proceed as in morning business for 15 minutes.

Mr. SESSIONS

Mr. SESSIONS. For the information of all Senators, the Senate will reconvene tomorrow morning at 9:30 a.m. In accordance with a previous order, the Senate will begin a cloture vote on the substitute amendment to the juvenile justice bill at 9:45 a.m. Following the vote, it is the intention of the majority leader to begin consideration of the reconciliation bill. By statute, the reconciliation bill is limited to 20 hours of debate, and therefore it is hoped that the Senate can make significant progress on that bill on Wednesday. It is expected that the Senate will complete action on that legislation on Thursday, or Friday, if necessary.

Mr. SESSIONS

Mr. SESSIONS. Mr. President, on behalf of the majority leader, I ask unanimous consent that when the Senate completes its business today, it adjourn until the hour of 9:30 a.m. on Wednesday, July 28. I further ask consent that on Wednesday, immediately following the prayer, the Journal of proceedings be approved to date, the morning hour be deemed expired, and the time for the two leaders be reserved for their use later in the day.

Mr. SESSIONS

Mr. SESSIONS. Capstone Technologies developed the Warden Offender Monitoring System to aid in monitoring offenders that have been put under residential detention. The Warden is a biometric, three dimensional monitoring system using voice verification, personal history inquiry and voice recording. The Warden uses computer voice verification to identify offenders placed on residential detention. The Warden monitors the offender using a touch-tone phone, with no new equipment to install or maintain. Random calls are made by the computer to the home of the offender during the hours sanctioned by the court. The system uses the ``voiceprint'', which is recorded initially, to identify the offender on the phone. All calls are monitored and all violations identified by the computer are followed by a personal call from the staff to ensure that there are no false violations recorded. The Warden can also detect when an offender is under the influence of alcohol or other drugs. If the computer detects certain characteristics of intoxication it will report a violation immediately to the supervisor with a recommendation to conduct a sobriety test. I believe this technology could be an extremely useful tool for law enforcement. One specific area in which the Warden system might be very helpful would be in monitoring juveniles. By implementing a versatile residential detention system, we can avoid having to place our youth in jail, and possibly help parents and the individual gain control of his life before it's too late.

Mr. SESSIONS. Yes. The CDP Director and his key staff have extensive experience in planning, coordinating and executing large training programs with DoJ, DoD and other agencies. The staff also has expertise in the first responder disciplines, such as fire, law enforcement and emergency medical. The CDP is also closer and perhaps, more attuned to first responder issues.