Transcripts For CSPAN2 U.S. Senate U.S. Senate 20240712

Confirmation vote expected on that nomination. Also this week, debate and votes on Police Reform legislation introduced by South Carolina republican senator tim scott. The president pro tempore the senate will come to order. The chaplain, dr. Black, will open the senate with prayer. The chaplain let us pray. O god our shield, look with favor upon our senators today. Guide them around the obstacles that hinder their progress, uniting them for the common good of this great land. Free them from anxiety and fear, as they put their trust in you. Lord, enable them to go from strength to strength, fulfilling your purpose for their lives in this generation. Guide them to use their abilities and talents to accomplish your holy will. Striving to please you, help them to stand for right and leave the consequences to you. We pray in your holy name. Amen. The president pro tempore please join me in the pledge of allegiance to the flag. I pledge allegiance to the flag of the United States of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. Mr. Grassley madam president . The presiding officer the senator from iowa. Mr. Grassley i ask for one minute for morning business. The presiding officer without objection. Mr. Grassley were taking a very important vote tomorrow on a bill called the justice act. Im proud to cosponsor this Police Reform bill and i also applaud senator tim scott for his leadership in improving Police Accountability while at the same time preserving the essential service that Law Enforcement provides. These are the people that maintain the peace in the respective communities around the United States. Now were ready to work with democrats on Police Reform. I hope the democrats finally are willing to come to the table. A successful vote to proceed to the justice act speaks volumes. A vote against proceeding shows the American People that politics are more important than people. Talking points more important than change and grade lock more important gridlock more important than solutions. Surely democrats want Police Reform. I hope democrats will vote in favor of opening debate on the justice act. George floyd and countless others so murdered deserve the senates action and consideration of this bill. I yield the floor. Mr. Mcconnell madam president . The presiding officer the majority leader. Mr. Mcconnell two weeks ago i argued that civil discourse in america faces a crossroads. Major newspaper had buckled under pressure from a social media mob. They apologized profusely for publishing a policy argument from a u. S. Senator and made personnel changes to prove their penance. He said we could recommit to our tradition of seasoned debate or let an angry mob run our culture. Well, recent days have reminded us its not just our present day debates that far left radicals want to overwhelm. They also want to rewrite the past. Back in 2017 when people wondered whether our important conversations over confederate monuments would give the far left a broader taste for pulling down statues, major newspapers and plead ya figures and media figures literally mopped that concern. They said there were obvious differences between rebel generallies generallies generals and the nations founders. They said nobody would come gunning for washington or jefferson. Well, the far left missed the memo. A few days ago in portland, o gon, a mob oregon, a mob graffitid a statue of our first president. Pulled it down and burned an American Flag over his head. This is george washington. Another Washington Statue was defaced in baltimore, a statue of Thomas Jefferson was ripped down in portland also. This is the general and first president who built our nation and the author of the declaration of independence. Genius statesmen who helped begin it grand experiment thats brought freedom to hundreds of millions and saved the world a few times for good measure. And then a crazy trend is treating their monuments like vanity strat uses of ten horn tyrants. Our Founding Fathers are being roped to the ground like they were saddam hussein. The list goes on. St. Unifer osara, the missionary settler whom pope francis celebrated here in washington a few years ago to bipartisan applause. He sided with native people over soldiers. Ulysses s. Grant, the general who crushed the confederacy. The president who used federal force to fight the klan. They, too, have been placed on the historical hit list for the new red guard that nobody elected. Mormonments toppled more monuments toppled up and down the west coast. But, madam president , there could be no clearer sign take these farleft radicals have severed any connection to a righteous cause of racial justice. Theyve literally tried to succeed where robert e. Lee failed and bring general grant to the ground. Now like any cultural revolution, this farleft anger is sparing some heroes of their own. I understand that in seattle a large statue of vladimir lenan stands quite untouched. Apparently people claim with a straight face that this communist statue has survived because it is located wait for it on private property. So the founding father of the mass murdering soviet union watches over seattle strategies but our own Founding Fathers are dragged in the dirt. A small slice of our National Elite has spent years cooking up highfalutin theories to justify the cheapest basic forms of antiamericanism. The absurd claim that americas deepest founding principle is bigotry has escaped the ivory tower and begun seeping into society. The United States of america can and should have nuance conversations about our complex past. We can and should have discussions about our future. We can and should have peaceful protests. But this lawlessness serves none of that. Its just an alliance of convenience between angry criminals who think its fun to wreak havoc and a slice of elite society that profits off saying our country is evil and deserves the abuse. Enough, madam president. Enough. The vast majority of americans know full well that imperfect heroes are still heroes, that our imPerfect Union is still the greatest nation in world history. Americans know our imperfect framers built on a nation on moral truths that have fueled improvement beyond anything their generation could have built themselves. The American People know this. They also know that we cannot let angry mobs carrying rope act outside the rule of law. It was central to the 14th amendment and the Civil Rights Movement that Law Enforcement and local authorities may not do their jobs selectively. If equal protection of the laws means anything, it means mayors and governors cannot selectively stand down because theyd rather not pay the political price for confronting a particular mob. But thats precisely what we are seeing in democraticgoverned cities all across our country. In seattle for weeks now a mayor has let bands of people ban police from several square blocks. People have been shot. A teenager has died. But apparently stopping this insanity has been deemed less politically correct than letting it continue. Night after night governors and mayors have stood down and watched criminals spray paint churches and topple statues. Public order is now totally optional and depends on the law breakers politics. Here in washington last night local police protected one monument from a memorialhunting mob over near the white house. Look, it is past time for that courage to be replicated in every city, every night until americans have the peace and the rule of law that all of our citizens deserve. Its no surprise that people who want to say our country is intrinsically evil are so frantic to erase history that theyll break the law to do it. Erasing history is the only way their claims could carry any water. Americans know that an imperfect nation built by imperfect heros is still the most Perfect Union the world has ever seen. Were proud to build statues of the geniuses who fought to found this country. Were proud to build statues to the leaders who preserved it. Were proud to build statues of prophetic civil rights leaders who made the country confront gross injustice. We thank god that all kinds of imperfect people have made us a more Perfect Union. And when the dust settles, it is never, never the mobs or bullies whom we honor. It is the brave leaders who confront them. Now, madam president , on a totally different matter, last week senator scott of South Carolina and a group of our colleagues rolled out the justice act, a serious set of proposals to move the ball for Police Reform across the country. Of this legislation identifies a number of smart levers that congress can pull to advance and encourage smart reforms of Law Enforcement without steamrolling states and localities constitutional powers. It would step up transparency in reporting and recordkeeping. It could expand accountability and disciplinary measures needed to establish and restore community trust. It would directly address issues such as choke holds and noknock warrants that have been this the news lately for reasons nobody believes are acceptable. These are the subjects which the country needs us to address. Accordingly, these are the subjects senator scotts proposal does address. The American People expect us to do our jobs, discuss debate and legislate on this subject that has captured the nations attention. Discussion, debate, votes on amendments. Tomorrow well find out whether even these modest steps are a bridge too far for our colleagues on the democratic side. Earlier this month Senate Democrats were telling everyone who would listen that wed be derelict in our duty if we did not have Police Reform legislation on the floor of the senate this month. But then, as soon as the junior senator from South Carolina actually published something concrete, their tune has changed rather sharply. And now suddenly our democratic colleagues have reported an agonizing and debating whether to let the senate have this discussion at all or whether to kill any chance of reform legislation before it can even taxi onto the runway. The American People deserve better than a partisan stalemate. The American People deserve for the senate to take up this issue at this time. Senate republicans want to have this discussion. Were ready to make a law, not just make a point. Tomorrow well find out whether our democratic colleagues share our ambition or whether they choose to duck the issue and leave the country in the lurch. The presiding officer under the previous order, the leadership time is reserved. Morning business is closed. Under the previous order, the senate will proceed to executive session to resume consideration of the following nomination, which the clerk will report. The clerk nomination, the judiciary, cory t. Wilson of mississippi to be United States circuit judge for the fifth circuit. The presiding officer the clerk will call the roll. Quorum call quorum call mr. Schumer madam president. The presiding officer the democratic leader. Mr. Schumer i ask unanimous consent that the quorum be dispensed with. The presiding officer without objection. Mr. Schumer i ask unanimous consent that i speak for ten minutes and then the senator from new jersey for ten minutes and the senator from california for ten minutes. The presiding officer without objection. Mr. Schumer thank you, madam president. Now, the past few months have been among the most wrenching and tumultuous in recent memory, the deaths of george floyd, Breonna Taylor and the coronavirus pandemic has forced our country to reckon with Police Departments but also the centurieslong struggle against racial injustice. Here in Congress Democrats have sought to turn the anger and frustration and, yes, sometimes despair in our country into real and meaningful action. Democrats wish to seize the moment. Three weeks ago, democrats announced a bill that would finally bring strong comprehensive and lasting change to Police Departments across america, the justice in policing act led by senators booker and harris. The house of representatives will pass that bill this week. But here in the senate we have a much different story. Senate republicans responded to our comprehensive legislation that proposes a bill that is so much weaker on nearly every single count and were still and still completely silent on so many issues that scream out for action. Should Police Officers be held to greater account if they violate americans Constitutional Rights . The republican bill is silent. Should they have access to militarygrade equipment . The republican side is splient. Should they develop better use of force standards, should the Justice Department be empowered to encourage and investigate Police Departments that have bad practice . Silent, silent, silent. In the place of real change and accountability for Police Officers and departments, the republican bill proposes a slew of studies and commissions. We dont need to study the problem of Police Misconduct and violence many we need to solve it. No doubt these issues are complex, multipass ited and difficult, but the republican legislation pretends as if the cancer of Police Brutality is, in fact, is in reality little more than a runny nose. The republican legislation pretends that as if the cancer of Police Brutality is little more than a runny nose. The National Conversation about policing reform that has been ongoing has been renewed by george floyd, his windpipe crushed by a Police Officer. The bill my republican friends drafted would not ban the type of brutal tactics that led to George Floyds death. The republican bill does not fully prevent the kind of tactics that spark this whole debate in the first place, Breonna Taylor taylor, a First Responder was asleep in her bed when she was killed by police scawting a noknock warrant. The republican bill does not ban or limit noknock warrants or require Police Departments to provide more before obtaining them from the court. It calls for more data on thes the use of noknock warrants. After the tragic loss of Breonna Taylor, how could the republican bill not even attempt to prevent the kind of deaths that led to her death. Imagine that the president after the march for Civil Rights Movements had proposed a bill that called for more data on the effect of more poll tactics. Imagine if president johnson, instead of the Voting Rights act, proposed a Voting Rights commission to study the issue a little bit more. There is no escaping the fact that the Senate Republicans have drafted a policing bill that is deeply, fundamentally flawed. And the democrats are not the only ones to say so. This mornings Washington Post, the floyd family lawyer, reverend sharpton, the Naacp Legal Defense Fund urged senators to oppose the g. O. P. Reform bill. They called it a nonstarter a nonstarter and that is what we believe as well. Last night the Naacp Legal Defense Fund said it cannot support legislation that does not embody a strong accountability framework for Police Officers and other Law Enforcement officers who engage in misconduct. The lawyers for the families of george floyd and Breonna Taylor, one of the nations most renowned civil rights attorneys, benjamin crumb p wrote, that the republican legislation is, quote in direct contrast to the demands of the people who have been protesting, and, quote, the black community is tired of lip service and shocked that the republican proposal can be thought of as legislation. Thats the lawyer for the families of Breonna Taylor and george floyd. Let me repeat. The attorney representing the families who are seeking justice believe the republican bill is completely inadequate, lip service, and can hardly be thought of as legislation. How does leader mcconnell respond to that charge now does he respond when the families lawyer says his bill is a nonstarter . Civil Rights Groups who have been the noble guardians of these generations who want nothing more than to see meaningful they see this bill for the futile and maybe cynical ploy that it is. Their opposition speaks louder than almost any other. Who does america believe when it comes to dealing with these issues, leader mcconnell who seems to be new to these issues, or the civil Rights Groups who have been fighting for change for decades . Who does america believe . We democrats are certain that the mcconnell plan will not, indeed cannot, result in any legislation passing. Its clear the republican bill, as is, will not get 60 votes. Theres overwhelming opposition to the bill in our caucus. And because the bill needs such largescale and fundamental change, there is no conceivable way that a series of amendments Strong Enough to cure the defects in the bill could garner 60 votes either. So no bill will pass as a result of this ploy by senator mcconnell. The republican majority has given the senate a bad bill and proposed no credible way to sufficiently improve it. Simply put, leader mcconnell has created a culdesac from which no legislation can emerge. Leader mcconnells plan appears to be designed to get the burden of dealing with policing reform off republican shoulders by setting up a process which is guaranteed not to result in successful legislation. Again, leader mcconnell is leading the senate into a culdesac, a process designed to fail. But theres a way out of this culdesac. Yes, there is a way out. Its the same process that has led to success in the senate time and time again. Its a simple word, bipartisanship. This morning senators booker, harris, and i this morning senators booker, harris, and i are sending a letter to leader mcconnell stressing the need for bipartisan talks to get a constructive starting point on policing reform. If our two parties could get together to draft a bipartisan proposal, and even if we dont agree on everything, we can agree to invoke a real amendment process, then we might produce a bill that has a real shot of passing. If the republican leader would acknowledge the obvious need for these talks, theres a real chance we could produce legislation that has a shot of passing. So we are pleading with leader mcconnell. Instead of pressing forward with this partisan bill thats designed to make sure no bill passes, leader mcconnell, pursue a path thats designed to produce real meaningful policing reform. In the senate where 60 votes are required to achieve almost anything, a bipartisan process is the only way to move forward. My friends, this could be a moment for the senate to rise to the occasion. Theres certainly something happening out there in america. Hundreds of thousands of protesters of every faith and color and age have taken to the streets to demand change. If americans out in the country can together join in a righteous chorus calling for change, we in the senate can at least try to come to deliver it. But its going to take more than typical games here in the senate that leader mcconnell seems to be now playing. We are going to have to rise above the take it or leave it legislating that has trapped us in the status quo on so many issues. We were able to renegotiate a 3 trillion emergency aid package before bringing it to the floor of the senate. Weve done it on budgets and criminal justice reform, on the Great American outdoors act, a Bipartisan Group tut poght put together an immigration bill that passed the senate with more than twothirds votes on a very contentious issue because it was bipartisan. So on even thorny issues like Police Reform, we did we can we must work with each other, and we need to in or the to achieve a bill that can actually pass the senate. So let me repeat my request to leader mcconnell. Let us not retreat to partisan corners on such a vital issue. Let us appeal it ot higher instincts of this to the higher instincts of this chamber and try to find a bill together. I yield to the senator from new jersey. Mr. Booker madam president. The presiding officer the senator from new jersey. Mr. Booker i thank the madam president for the recognition and i thank the democratic leader for his words. The democratic leader talked about what is happening in our country. Ive never seen Something Like this before in all of my years where hundreds of thousands of americans have been out in protest, and not just certain sectors, all 50 states, large cities and small towns, americans from every background, race, religion, political party, have joined together following the gruesome capture of the torture and murder of a fellow american. This is a profound moment. It is a moral moment, and we know this is not a partisan moment because the goodwill of all americans is evident, from National Polling that shows that real reform is widely supported by people of both parties to just the voices of people that are saying that we are a nation formed around a fundamental idea of life, liberty, and pursuit of happiness, to have it so fundamentally violated. The call is for us to act, to come together as good men and women and do something to protect human lives. And weve done that before on the federal level in a bipartisan way, come together to protect people against indiscriminate violence, from the violence against womens act to even the historic bipartisan work that went on to get 99 members of this body behind an antilynching bill. I am grateful for that aspect of our history, that this is a body that has acted multiple times to try and protect human life. Well, no one need watch a video of eight minutes and 46 seconds again to understand that this body now holds a true moral choice of how would we act, what will we do in this moral moment in our country . Will we come together and protect life and liberty or will we do nothing and allow the violence to happen, the cycle in our nation, the name after name after name after name that we know and the thousands of other names that we do not know . Black lives being abused. Civil rights being violated. Lives being lost because we have failed the moment in our nation. A little over two weeks ago leader schumer, senator harris, and i along with colleagues in the house introduced an act that was narrowly focused on accountability. It zeroed in on what we could do to create accountability, to ensure oversight, to implement transparency, and to ban actions that people in this country in both parties widely believe should and must be banned. The bill that is being put forth by leader mcconnell is wholly unacceptable to bring accountability, transparency, consequences when our common values as a country are violat violated. This is not about partisanship, a republican bill and a democratic bill. It is about taking meaningful action that will create change. The bill leader mcconnell wants to put on the floor is called the justice act. It belies its name because it does not in any way even serve as a starting point or even a baseline for negotiations. The American People are not in the streets chanting we want more data, we want more data. The American People are not in the streets chanting give us a commission, give us a commissi commission. We know the data. We have had commissions from the coroner report all the way to the 21st Century Task Force on policing. What we are hearing a demandz for from demand for from voices all over our country including leaders and Police Departments to mayors, to local leaders, to activists is real accountability, that if you do something wrong in america, there will be consequences, that no one is above the law, that we in this country will make sure that those who represent law and enforcement do so in a way that accords with our common values and our common ideals. In fact, we want to go further in this country. We have a greater moral imagination that does not have us trapped in the quick sand of the present but calls for us to rise to a Higher Ground that we can be a nation that imagines ourselves having a larger definition of Law Enforcement, a larger difference Mission Larger definition of public safety. We cannot get mired in this moment. This must be the start of climbing to that Higher Ground. But the problem with the bill that leader mcconnell wants to put on the floor, its not bold. Its not courageous. There is no great imagination about what we can be. It doesnt challenge us to come together. What it does is it guarantees that the cycle of violence in our country, the cycle of the abuse of civil rights, the cycle of death that has so moved so Many Americans will continue. If we dont implement real measures of accountability for Police Officers in this country as the republican bill fails to do, it is not if but when we will be back here again after another Police Officer kills another unarmed black person and faces no fear of federal accountability in the courts. If we dont establish Real Transparency measures with a National Registry of Police Misconduct which leader mcconnells bill fails to do, it is not if but when we will be back here again after another officer who has a record of inappropriate use of force will get fired from one town and hired in the next and end up hurting another citizen, violating their civil rights, or worse killing them. Ful we do not end if we do not end those harmful practices that americans from all background know are wrong like racial and religious profiling, noknock warrants in drug cases, and the use of use of choke holds which this mcconnell bill fails to do, it is not if but when we will be back here again after another Breonna Taylor is murdered in her own home after a noknock warrant, after another erica garner is suffocated to death on a sidewalk with an inhumane choke hold. And if we do not create a national use of force standard in america which the republican bill again fails to do, we will be back here again, the next time another officer uses deadly force when they could have used deescalation because that deadly force was reasonable though not necessary. I hear the voices. We all hear the voices, the anguish, the agony, the pain, the trauma, the hurt. It has triggered a nation to rise up like its never happened in the last 50 years. We are in a moment of profound possibility, but would do we face . It being shut down here in the senate over an impotent bill that fails to meet this moment. The American People are demanding accountability, not commissions. They are demanding accountability, not study. They are demanding accountability, not Data Collection alone. We have to ask ourselves will we stand for a bill with zero accountability or will we rise . Im so frustrated because ive been here now for six years, and ive seen from inside this body as a member to even before i came here how the leader has dunbar efforts done bipartisan efforts. Ive i saw it on immigration reform. A gang of eight was formed. Discussions were had and they came to a bill. They put it on the floor and they voted for it. Ive seen it in this covid crisis. People met and worked on solutions. Ive seen it time and time again how when there is a sincere desire to come to a bipartisan consensus how it works. But this is not how leader mcconnell is acting now. Where is the good faith . Where is the yearning for justice . Where is the desire to get Something Real done . There have been no hearings. He has called for no discussions. He has called for no meaningful engagement in the way we have done from the past from stakeholders and groups that have been working on this issue. He has not sent it to the appropriate committee of jurg jurisdiction. This is not what the American People want. This is not what this moment calls for. This is shameful. This is a desire to turn a page, to point a finger of blame, and to leave the calls for justice in this country falling upon the mute ears, the deaf ears of a body that should be hearing, listening, and responding. Theres no easy fix for the problems we face. But they do demand work. Me dont demand simple monolog monologues. They demand real dialogue. This is not a time to retreat into our corners. Its a time to engage each other. I cannot in any way give any justice or sanction to this, what is going on in this body now. We will be back here again. We will see more video capturing the dark corners of our country that must be brought into the light and solved with the spirit of this nation. I join chuck schumer, Kamala Harris in urging majority leader mcconnell not to proceed in this way. Its not progress. It is an attempt to turn a page on history that we will have to revisit. Every minute, every hour, every day we do not act black lives are in danger. Our fellow citizens are in danger. We as a nation, our principles and ideals are in danger. It is time that we come together and provide hope from this body that serves, truly serves to honor what the public is calling for which is action, not retre retreat, but for us to try in this body to rise together. I yield to my colleague from california. Ms. Harris madam president . The presiding officer the senator from california. Ms. Harris madam president , the murders of george floyd, Breonna Taylor, Rayshard Brooks are the latest in a long history of violence against black people in america. But thanks to the advocacy, thanks to the courage of their mothers and fathers and relatives and all of the civil rights leaders, the lawyers, those who are marching in the streets and smartphones, everyone can finally bear witness to the violence that has been happening in our country at the hands of police. Now lets be clear. This behavior is not new. Mothers have been crying over their dead childrens bodies for generations yet no one would listen. No one would listen. Emmitt tills mother had the courage as a leader to say the world will listen when they look at my babys body in that casket. And yet here we are these many decades and generations later and still we have not seen meaningful change in america on this subject. It is time we act. It is time we act. And let us be clear. Sometimes some of the most courageous and important work that has happened in this United States congress has happened not because there was leadership in the body but because the people demanded it and they would not relent until their government and elected leaders and representatives listened to and answered their call for steps toward what we call a more Perfect Union. It has been many a time the case that it is because of the people marching in the streets that we have the Voting Rights act and the Civil Rights Act and the Fair Housing Act because the people would allow nothing less than that we as a government be true to our stated ideals. And, yes, over the last three and a half years in our country, many of us have wondered whether the leaders of this country actually pay homage to and have any desire to institute and to get closer to those ideals. This is a moment for the United States senate to say we as a body will do that, that what is clear right now in this moment and in this movement is that there is still work that can be done, not just should be done but can be done to come closer to those words inscribed across the street in the United States Supreme Court, to effectuate equal justice under law. It is within our grasps to do this. Not just an imperative, it is within our grasps. And while in America Today people from every state, all 50 states, every walk of life are demanding we take the problem of Police Brutality seriously. We have this opportunity and we should see it as such. Where before there may have been reluctance to go against the strength of the status quo, which is always reluctant if not hostile to change. The people in the streets of every race, every gender, every age from every state are not only giving us permission but demanding that their leaders finally make good on the american promise of equal justice under the law. And they are demanding this change. They are not just asking for it. And so we cant answer the peoples demand for accountability with watered down politics. And watered down policies and an obstructionist tactic to distract us from what we clearly know is necessary to meet the calls and the cries of this moment and this movement. And so i will say we cannot answer their demand with this republican attempt to obstruct Real Progress and real justice in our country. And for all of the pundits out there that want to entertain a conversation about whether democrats actually want Police Reform, are you kidding me . Are you kidding me . We are responding to the cries in the street. We are taking them seriously. And we have proposed a prescription that actually has responded to not just their demands but the specific cases and the bodies that have most recently been buried, much less the generations of black bodies that have been buried because of this issue. So dont anyone dare suggest we are standing in the way of progress. Let us all be clear about what is happening in the politics of this moment. The republican bill has been thrown out to give lip service to an issue with nothing substantial in it that would actually save or would have saved any of those lives. So lets not be distracted from the task at hand. I intend to vote against a motion to proceed tomorrow. I also intend to vote for a motion to proceed with real reform. Im not against a motion to proceed. We should proceed. Lets proceed with action, not gestures. With action. And lets talk about then the republican bill. Im a former prosecutor. I have personally prosecuted everything from lowlevel offenses to homicides. I have worked almost my entire career with Police Officers. And what i can tell you is this and i am certain of it Police Officers will tell you how difficult their job becomes when their colleagues and other Police Officers break the rules and break the law. Theyre tell you that. Theyll tell you that it has the effect of it affects the culture of their working environment. It affects the morale of where they work every day. It affects the integrity of their work. What they know is bad cops are bad for good cops. What we all know is that it is in the best interests of Community Safety and harmony that the people trust their government, and it is a reciprocal relationship. So in addition to what our bill proposes, the justice in policing act about accountability and consequence, it is also brought forward with a spirit of what we know is in the best interests of growing trust and the American Peoples trust in their government. And so as a former prosecutor, i want to say we often in the criminal Justice System talk about and use this phrase contact and consequence. We use it all the time. Accountability and consequence. There must be accountability and consequence. And almost every time that phrase is invoked, it is directed at the person who is arrested. And hardly ever is that phrase directed at the very system itself and the actors in that system. Where is the accountability and consequence when a system fails the people it is designed to protect . Where is the accountability and consequence when people who have been invested by the the people with a gun and a badge, it is the power we give them. Where is the accountability and consequence when they abuse that power . One must ask. And our bill is designed to address just that, and i will tell you there is not one component of the republican bill that does the same. So lets talk about the history of where we are today, just recent history. In the United States senate on this subject. On monday, june 9, in response to protests of all 50 states of these United States, senator cory booker and i, along with our c. B. C. And house judiciary colleagues and a majority of our Senate Caucus announced the justice in policing act. Over one week later, the people are marching in the streets. Lets just remember this. People are marching in the streets every night, every day. Over one week later, somebody got the memo, and then what did they do . They came up with what they call the justice act as a way to essentially show that they have got something but to basically obstruct what already had been put in place. They did it because they knew that the people were demanding something, and with a they put up instead of meeting those demands was an as a tactic, a tactic to obstruct the progress of the justice in policing act. And then they are playing a political game around here saying look at the democrats wont vote for policing reform. No, we actually are fully prepared to vote for policing reform, which is why a week earlier than you figured it out, we figured it out and put it on paper. And presented it to the nation. So lets not play political games today and tomorrow. Let us understand senator mcconnell, the majority leader, made it clear and you know, senator booker, i wasnt here for those days when you saw a lot of that bipartisan work. I did see it with our covid bills and im thankful that that did happen, but what i have seen most recently on this issue is that senator mcconnell made it clear he had no intention of passing bipartisan comprehensive legislation on policing reform, and instead what we have seen is that instead of an ability that all of us in this chamber have to pass the justice in policing act, which has already gained 227 cosponsors, enough to pass the house, instead the leader, the Senate Leader has scheduled this vote tomorrow to not solve the problem of Police Brutality in america but to solve his political problem. To solve his political problem, which he has taken no stance, and that caucus has taken no meaningful stand on an issue that have people in our streets marching for the last three weeks, and those marching folks will go on. The proposal was carefully crafted that is being offered tomorrow for a vote. The republican proposal was carefully crafted to deflect from real change by merely, as my colleague, senator booker outlined, senator schumer outlined, by merely offering to study the problem, not doing anything to solve it. Mr. Cornyn madam president , would the senator yield for a question . Ms. Harris when im finished, i will. The republican bill does not even provide a baseline for a discussion or amendment on Police Reform in that there are no mechanisms to hold Law Enforcement officers accountable in court for their misconduct. There is no transparency into Police Misconduct, which is necessary, of course, to enable communities to hold officers accountable. There is no requirement of Data Collection on all use of force incidents or on racial or religious profiling. There is no ban on harmful policing policies and practices, such as racial and religious profiling. Noknock warrants in drug cases. Were not banning all noknock warrants. Noknock warrants in drug cases because Breonna Taylor would be alive today had that been the case. Choke holds, carotid holds. No, no reform of those issues in the republican bill thats being offered. And there is no standard, National Standard for use of force. So i will im happy to entertain the questions from the senator from texas, and then i will conclude my comments. Mr. Cornyn thank you. Madam president , i wonder if the senator would tell me the bill that the police act that it sounds like the democratic conference intends to block tomorrow includes the antilynching legislation that you and senator booker have championed. Are you aware of that . Ms. Harris the same one that rand paul obstructed a couple of weeks ago, yes, i am aware of that. Mr. Cornyn so you are going to block so the senators are going to block their own antilynching bill by their vote tomorrow. Ms. Harris absolutely not, and i think it is important we not distract the American People from the task at hand. We cannot pull out a specific component of this bill and and leave Everything Else in the garbage bin, and that is the logical and actual and practical conclusion of where you are going with the suggestion that we would sacrifice issues like noknock warrants, issues like National Standards for use of force, issues like the need for independent investigations of Police Misconduct, issues like pattern in practice investigations with subpoena power for the United States department of justice in sake of one. Its like asking a mother save one of your children and leave the others. Mr. Cornyn madam president , would the senator yield for another question . Ms. Harris absolutely. Mr. Cornyn madam president , is the senator the senator certainly is familiar with the rules of the senate which allow senators to offer amendments to improve legislation once we get on it, but if the democratic conference is going to prevent the senate from actually getting on the bill, there is no opportunity for anyone, any senator, you or any one of us to offer amendments to improve it. And i would further ask the senator, arent you aware of the fact that there are 60vote thresholds on the back end so that if we get on the bill and you dont like the way it turns out, that you can block it on the back end. Is the senator aware of those options that she has . Ms. Harris well, senator cornyn, you and i both serve and we are honored to serve on the Senate Judiciary committee, as does senator booker, senator durbin, we all serve on the judiciary committee. The two Senate Authors of this bill serve with you on the Senate Judiciary committee. As you know, because we have been present together during our most recent hearings, we have asked that there would be a meaningful discussion of the justice in policing act in that committee. None has occurred. So if were going to talk about process, let us look at all the tools that are available to wellintentioned, wellmeaning legislators if the goal is actually to solve and address the issue at hand. I have seen no evidence of that. I have seen no evidence of in fact, what i have seen, reading some of the newspapers, sometimes they get things wrong, but if they got it right, the Senate Leader said that he has no interest in engaging in that kind of discussion or debate before putting the bill on the floor for a vote tomorrow. Mr. Cornyn madam president , may i ask one last question of the senator . What im trying to fathom, madam president , is why the senator would rather have these negotiations occur behind closed doors as opposed to here on the floor of the senate for the American People to see broadcast on television. Dont you think that sort of interaction and debate and negotiation out in front of all 330 million americans would be beneficial to healing our country and coming to some consensus about what the appropriate reforms should be . Ms. Harris indeed that is the beauty of the judiciary committee. Our meetings are public meetings. I will now conclude my remarks by saying, now is the time for congress to pass legislation that will bring real change and real improvement. It is time that we meet this moment and meet the movement that we are seeing outside of these doors. We are seeing people of every race, gender, age, and religion marching together in unison as americans. We are seeing people putting their bodies on the line in the face of more Excessive Force and tear gas to stand for equality of all people. The bill that is being offered for a vote tomorrow does not in any way meet the needs of this moment and the longstanding needs america has had for reform. And i will therefore join senators schumer and booker demanding that the senate vote on the justice in policing act, but i will vote against a motion to proceed until and unless we, as a body, are prepared to offer meaningful, meaningful reforms upon which we can debate. But i will say also that one of the other problems with what is being offered by our colleagues across the aisle is it is not meeting the moment in terms of the need for reform. It is basically they constructed a confessional where there can be a confession of misdeeds after the fact and that in no way meets the moment in terms of reforms that are necessary. And so, you know, in the words of the immortal words of my great uncle sherman, god rest his soul. That dog dont hunt. Thank you. Mr. Durbin madam president. The presiding officer the democratic whip is recognized. Mr. Durbin madam president , first i want to thank my colleagues, senators booker and harris. Thank you. Thanks for your leadership and courage and the fact that you are dedicating yourself to this moment. Some would say that we are fortunate, others would say that we are blessed to be at this moment in this place in the roles that we currently have. Can you imagine across the United States of america how many people would like to be standing where were standing today, despite the frustration, we have a voice, we have an opportunity. We, as United States senators, have the power, if we use it, to do something about what threatens america. So imagine that 8 minutes and 46 seconds could have such a fro found impact on this nation of over 300 Million People and then the world. But then to realize that eight minutes and 46 seconds reminded us of all of the other issues, all of the other cases of George Floyds that came before it. Ive been stunned in my own home state of illinois which i dealer love and dearly love and know fairly well what ive seen in the streets and towns large and small, in the city of chicago just this last juneteenth weekend, an amazing display on the beauty of black lives matter. We were happy to be a part of it because it meant so much. But then to go down state in illinois to towns like our state capital springfield or even jerseyville, illinois and attend black lives matter rallies there that were organized organized by two young women, African American High School Juniors who organized 1,500 people in springfield on a black lives matter rally, nakila and nike henderson, they said lets call students and friends about black lives matters. No windows broken, no looting, screaming or shouting. Textbook display of Constitutional Authority that each citizen has and they used it so well and i salute them to this this day. And then to go down to jerseyville, a small Rural Community that ive represented over the years, which may or may not have a minority population at all, and to have 20 miles away a high school junior, a young African American junior whose name is laloni davis who did exactly the same thing, to call together people, some 350 people in jerseyville for black lives matters. Ive never seen anything like this. Ive never seen it reach this level of commitment. And, trust me, these young women were doing it knowing that some of the people standing on the perimeter were not their friends, but they had the courage to be there because they believed in what they were doing. Now do we have the courage at this moment to speak up for real change . How many times in the history of this country can senators come to the floor and say, it is within our grasp we can make america better, we can perfect this great nation to even be greater with courage. And what i hear from my colleagues, senators hair senators harris and booker, i could not agree with more. Of i am going to vote against this motion to proceed tomorrow. I believe, as they do, that we, as a senate can do better. We can do better in the Senate Judiciary committee, which throughout generations has been the place to go. The forum to visit, the last stop, if you will, on the most important issues of our day, the Senate Judiciary Committee Time and time again. Ive been blessed to serve there over two decades, and i look back on the history of that body before i arrived, and i think to myself, durbin, you are a lucky man to be on the Senate Judiciary committee of the United States senate, particularly at this moment. This is not only our issue, this is our moment in the Senate Judiciary committee and on the floor of the United States senate, and that is why senator mcconnells tactic is so empty and so obvious. We understand how the senate works. If youve been here five minutes, you know. He is the majority leader. He calls the shots. He decides what is coming to the floor, which amendments will be offered, which wont be offered, and which bills will be started and which wont. It is a powerful position. Instead of saying to us start in the Senate Judiciary committee, find a bipartisan measure to bring to the floor and then lets Work Together to have meaningful amendments, but then to have it in fact enacted but instead, take our bill or leave it. If you dont want to vote on the republican bill on this subject, go home and defend your vote. Well, im prepared to and i think my colleagues are too. Listen to what the National Advancement National Association for the advancement of colored peoples Legal Defense fund said about this bill today. This organization is an Incredible Organization and if you dont know much about it, read devil in the grove, the story of Thurgood Marshall risking his life defending African Americans who were facing criminal charges across the United States. The Naacp Legal Defense Fund said, and i quote, in this moment we cannot support legislation that does not embody a strong accountability framework for Police Officers and other Law Enforcement who engage in misconduct as well as needed reforms to policing practices. They sent a copy of the letter to the senate. We urge you to vote no on the motion to proceed with consideration of the justice act, which is the republican bill, and instead advance reforms that will hold Law Enforcement accountable and offer more transparency of policing practices such as those embodied in s. 3912, the justice in policing act of 2020, a bill which i am honored to cosponsor with my friends senators booker and harris. This morning i decided to sit down and read in detail the analysis of these two bills. It is night and day in terms of the direction that they take. Something as fundamental as choke holds. Does america knows what a choke hold is . We saw it and will never forget it. We saw the knee on George Floyds neck and we watched the minutes pass by and his life ebb away. Can we be anything less than resolute on the issue of choke holds . Our bill is. It bans them. It bans them. The restriction of blood in the carotoid artery is specific. We also define deadly force and what is less than lethal force, specifically define it. What does the republican bill do . It calls on the attorney general of the United States to develop a policy to develop a policy, attorney general william barr. On no, knock, thank you, senator harris, for raising that. We have direct legal limits on the use of no knock, which was, in fact, the procedure followed that led to the death of Breonna Taylor in louisville, kentucky. What does the republican bill have . A reporting requirement. A reporting requirement. Body cameras, we require them. We put penalties in the law for those who dont use them. We also require that they be on vehicles, Law Enforcement vehicles. The republican bill does not require them. It offers grants to Police Departments which want to buy them and then asks from those departments, quote, assurances, close quote, that they are using them. On the misconduct registry, we establish Public Access to the misconduct registry when it comes to Police Misconduct, but no Public Access in the republican bill. Yes, its true as was noted by the senator from texas, theres commonality on issues like antilynching, thank goodness a year century after we started debating it in the United States senate, we have reached that point and im glad we have. When it comes to training, data and demographics, there are many areas of commonality, but there are five specific areas that this bill, the one that we introduced includes that are not included in the republican bill, criminal liability under the Civil Rights Act, we changed the standard to make it truly an attainable standard under the democratic bill. Qualified immunity, civil rights investigations, the power of subpoena we give to the department of justice, the use of force investigation, grants for independent investigation, and this is a measure i worked on for a while and im so glad its included here, banning racial profiling. Once and for all. I want to salute a former colleague from wisconsin, russ feingold, he was one of the earliest on this whole issue of profiling, a courageous moment in history on his part. Finely we included it in our bill. It is not included in the republican bill. Instead of what they offer are commissions, Data Collection, and a couple other criminal offenses, each of which are worthy of consideration but should not be enough to divert us from our goal. Im going to conclude by saying this. I feel blessed to be here in the united United States senate at this moment in history. I feel fortunate to have a chance, with my colleagues on both sides of the aisle, to change the history of this country in the right direction. My good nefts, it is so my goodness, it is so long overdue after all of these 400 years of slavery when it first came to our shore and the greed and racism that fed it as that insidious original sin of our country. Now is our chance to do something in our generation to make a difference for those future generations who march in the street and look to us for real change. Madam president , i yield. A senator madam president. The presiding officer the senator from hawaii is recognized. Ms. Hirono madam president , i share the strong words and position and perspective of my wonderful colleagues, three colleagues who spoke before me just now, senators harris, booker, and durbin, calling for real policing reform not the bill that is coming before the floor tomorrow. This morning id like to turn to another issue that should concern all of us and that deserves our attention. On december 17, 1990, ginora and nina walked into the Hawaii Department of health in honolulu to apply for a marriage license. They met earlier that year in a honolulu parking lot and felt an immediate connection. Their first date lasted for nine hours and eventually fell in lo and got engaged despite knowing that the law prohibited their marriage. They faced a choice. Although up to that point ms. Ansell led a private life and her family was unaware of her Sexual Orientation, for her the choice was clear. She later recalled, quote, i have been discriminated against and have been living as a secondclass citizen. All of that emotionally came to mind. For me, it was a nobrainer decision. This was something i had to fight for and i had to do my part, end quote. The courts in hawaii agreed with ms. Dansell and ms. Vare. On may 5, 1993, the Hawaii Supreme Court issued an historic decision that changed the course of lgbtq rights movement. It ruled that denying samesex couples the right to marry violates the equal protection clause of the hawaii constitution unless the state could prove a compelling state interest. This ruling sparked a Chain Reaction that eventually resulted in the u. S. Supreme courts 2015 decision in obergefell v. Hodges which affirmed the right of samesex couples to marry. It was a hardwon victory for the Lgbtq Community in its long fight for equality, but in july 2017 the Trump Administration sought to undermine this victory for equality. It intervened in a court case to argue that lgbtq individuals are not protected from employment discrimination based on their Sexual Orientation. This position directly contradicted the position of the equal Employment Opportunity commission which had made clear in 2015 that discrimination based on Sexual Orientation was illegal. Last monday the Supreme Court rejected the Trump Administrations efforts and held that the federal civil rights statute prohibiting employment discrimination title 7 does protect lgbtq individuals. While the decision was another major victory for equality, the fight is far from over. The Trump Administration has not only sought to undo protections for lgbtq individuals before the courts, but donald trump and senator mcconnell have also been busy working to undermine lgbtq equality through the judges, the judges who this Senate Confirms themselves. Over the past three years donald trump and senator mcconnell have been busy packing the court with judges who have demonstrated hostility towards the rights of lgbtq individuals. In fact, so far about 40 , 40 of trumps Circuit Court judges have antilgbtq records. And another one, cory wilson is set to be confirmed this week. As a state sledges slater, wilson state Legislature Wilson voted for a bill which the Human Rights Campaign called that bill the worst lgbtq state law in the u. S. , end quote. Another example, recently confirmed to the ninth circuit, trump judge Lawrence Vandyke previously claimed that, quote, samesex marriage will hurt families and consequently children and society, end quote. His actions have reflected these views. He is opposed to samesex marriage in support of businesses who discriminate against samesex couples. Similarly trump judge steven minashi in the seventh circuit and Andrew Basher in the 11th circuit argued for the right of businesses to discriminate against lgbtq individuals. With the federal court packed with trump judges like these, it is critical that congress act now to fully and strongly equality for lgbtq individuals into the law. The Supreme Court has now made clear that employers cannot discriminate against lgbtq people in the workplace, but other Legal Protections against discrimination such as in health care, education, housing, and financial credit are at risk of being eroded by the Trump Administration and trump judges. In fact, the Trump Administration is doing just that. Just two weeks ago they finalized a rule that eliminated nondiscrimination protections under federal law for lgbtq people receiving health care and obtaining health insurance. Last month the Trump Administration issued a letter ruling that title 9 requires schools to ban transgender students from participating in School Sports based on their gender identity. In 2002, congress renamed title 9 in honor of my friend, congresswoman patsy t. Mink. Patsy was a champion for gender equality and nondiscrimination and would certainly be appalled by the Trump Administrations interpretation of title 9. The Trump Administration has already barred, banned most transgender people from serving in the military. It has rescinded protections for transgender students that allow them to use bathrooms corresponding with their gender identity. The Trump Administrations attacks against lgbtq equality make it all the more urgent that Congress Needs to make explicit that federal law protects against discrimination based on Sexual Orientation and gender identity. More than a year ago the house did that by passing the equality act with bipartisan support. The quality act would prevent the Trump Administration from exploiting any ambiguity in the law by adding clarifications in existing civil rights laws to make explicit the Sexual Orientation and gender identity are prohibitive basis for discrimination. This includes the Civil Rights Act of 1964, the Fair Housing Act, the equal credit opportunity act, the jury selection and services act, and other civil rights statutes. The equality act would also amend the Civil Rights Act of 1964 to prohibit discrimination in Public Places and services and federally funded programs on the baitionz basis of sex including Sexual Orientation and gender identity. In addition, the equality act would update the types of public spaces and Services Covered under current law to expressly include stores, shopping centers, online retailers, banks, and places that provide legal services, transportation services, and other types of services. The equality act is a critical safeguard against an administration determined to erode the rights of lgbtq people. The senate must do its job and pass the equality act without delay. I yield the floor. Madam president , i note the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call quorum call quorum call quorum call quorum call a senator mr. President. The presiding officer the senator from texas. Mr. Cornyn mr. President , i would ask unanimous consent to rescind the quorum call. The presiding officer without objection. Mr. Cornyn mr. President , i have five requests for committees to meet during todays session of the senate. They have been approved by both the majority and minority leaders. The presiding officer duly noted. Mr. Cornyn finally, mr. President , i would ask unanimous consent that i be allowed to complete my remarks before we adjourn for the lunch hour. The presiding officer without objection. Mr. Cornyn over the last several weeks, americans have marched, protested, and demanded justice for george floyd. Not just for george floyd floydt Breonna Taylor and a list of individuals who have been unfortunately killed while in police custody. While the Energy Behind this movement is not new, the problems the problems its created are also not new. We know that the racial injustices that have existed for generations that originated during our countrys founding have created a whole range of problems that have continued to persist in our society, in everything from education to health care to housing. And while i hope and expect well have ongoing discussions about the most effective way to root out these inequalities and provide equal justice, which is our nations mantra and aspiration, one of the most important places to begin for delivering reforms is our Police Departments. Across america, we have about 18,000 federal, state, and county local Law Enforcement agencies. Some of these agencies have one officer. Some of them have as many as 30,000. Its safe to say that a onesizefitsall approach would not would not work very well. The policies and practices that make it make sense for the Houston Police department, for example, are going to look a lot different from a small town out in west texas. But the basic practices and principles the best practices that should be the standard across the board are something that the congress can help with. There are steps we can take to make our Police Forces more transparent, more accountable, and better trained and hopefully avoid encounters like we saw george floyd and the Minneapolis Police department involved in. And while there are differences of opinion on the best way to deliver those changes, the good news and there actually is good news is that both republicans and democrats share this overarching goal. Thats a strong start. A couple of weeks ago, our democratic colleagues introduced their version of the Police Reform bill, and last week, republicans introduced ours. And while our colleagues on the other side of the aisle are seem interested in focusing on the differences, the truth is there is a whole lot of a whole lot in common, a whole lot of overlap. First there are changes to policing practices. As i mentioned, a onesizefitsall isnt the right method, but in some areas, there is clear need for uniformity. One great example is training. Many Police Departments already require deescalation training, giving them an array of tactics to cool down a potentially dangerous encounter. Both republicans and democrats agree this should be the standard, and its included in both bills. On the flip side, there are certain practices that should never be used, like choke holds. Thats already the case in most major Police Departments, they ban choke holds, but this bill puts them ends that across the board. But reforming Police Practices is only part of the equation. In order to restore the broken trust between Law Enforcement and our communities, we need accountability, and these two bills take similar steps thereto. They include a focus on Diversity Hiring so Police Forces will look a lot more like the communities they serve. They improve hiring practices so departments can move to effectively weed out weak or bad candidates and ensure that we have the best possible talent among our men and women in blue. Both of these bills take steps to better educate officers on racial bias and the systemic challenges facing communities of color. It takes steps to promote transparency and give the greater access to information about americas Law Enforcement activities. Both bills require public reporting on the use of force and better information on how Law Enforcement agencies are being run. They both prioritize Relationship Building between Law Enforcement and the neighbors and communities they serve, and while there are some differences on the methods to achieve these shared goals, that doesnt change the fact that we largely agree on the problems that exist. And that alone is not insignificant. Two weeks ago, senator schumer, the democratic leader, called on leader mcconnell to bring a Police Reform bill to the floor before july 4, and tomorrow we will do exactly what senator schumer requested. Now, i hear our colleagues on the other side of the aisle arent interested in passing the justice act as is, and i get that. But ive also been surprised by reports that suggest they may just block us from proceeding to the bill altogether, which obviously is not conducing to passing any Police Reform bill. Now, Speaker Pelosi has made comments which i would view as encouraging. She said she is interested in going to a conference between the house and the senate on a Police Reform bill. So its clear that our colleagues in the house are willing to work with us to come up with a consensus bill, but that means the ball is now in Senate Democrats court. The way i see it, they have two options. One is to work with us on a bipartisan basis. If democrats vote tomorrow to begin debating the justice act, we can spend time looking at all the areas where we have overlapping goals and nail down specific solutions, and we can do what the senate was built to do, which is to be a forum for debate, offering amendments, and voting on those amendments, hopefully which would improve the product. If were going to be successful in getting a bill to the president s desk and delivering on the reforms we are after, we have got to get on the bill tomorrow. Now, option two is for democrats to do nothing, to tell the American People that even though they have said for weeks that they are desperate for action, that they themselves are the ones preventing that action. Well, i think the choice is pretty obvious. I cant imagine its not obvious to our democratic colleagues. These past several weeks have shown a light on the problems that exist within some of our Police Departments, and we have an opportunity to Work Together and to show the American People were capable of working together to try to address this national priority. We can officially begin that process with a simple yes vote here on the floor tomorrow. So my simple request to our democratic colleagues is please, please work with us. Lets debate the bill. Lets continue to try to find common ground, and lets get something we can be proud of on the president s desk that he can sign into law without any more delay. Over the last several weeks, the American People have marched, protested, and demanded action. This week, we have an opportunity to deliver the changes they are requesting and ensure that equal justice under the law is more than just a phrase engraved on the Supreme Court building across the street. Im proud of the work that we have been able to do, working with senator scott who has led our efforts in the senate, and i want to thank him and senator mcconnell for their commitment to taking action and for senator mcconnells willingness to do precisely what senator schumer requested and get Police Reform on the floor of the senate before july 4. So tomorrow we will have the opportunity to begin debating the justice act. I can only hope that our democratic colleagues will make the right decision and commit to working with us to deliver real reforms. Mr. President , i yield the floor. The presiding officer under the previous order, the Senate Previous order, the senate the Senate Taking a break now to allow lawmakers to attend the weekly party caucus lunch meetings. They are expected back at 2 15 p. M. Eastern for more debate on the nomination of cori wilson to be a judge on the fifth Circuit Court of appeals. A final vote is expected tomorrow. We expect tomorrow the senate to begin work on senator scott Police Reform bill known as the justice act. President Trump Former National Security adviser john bolton sits down with the Washington Post today to talk about his book the room where it happened. Thats like one p. M. Eastern here on cspan2, at cspan. Org or listen live on the free cspan radio app