Transcripts For CSPAN3 Senate Judiciary Committee Takes Up J

Today nomination hearing. This is the tenth nomination hearing the committee has held this year. I want to take a minute to thank Ranking Member and her staff for working diligently. With my staff. And this senator to process these nominees. Filling judicial vacancies, and executive appointments is an important part of committee responsibility. And i know that all members of the committee take this responsibility seriously. Today, well hear from two panels. First well hear from the nominees to the Circuit Court. Noter dame law professor. And Michigan Supreme Court justice. Our second panel will hear from eric. To be head of the Civil Rights Division. And the department of justice will also hear from two nominees to the District Court judges in tennessee. I understand that theres some concern with having two Circuit Court nominees on a hearing agenda. So i thought id explain this. Because its unusual. When the majority leader extended the Senate Schedule in to august. We scheduled a nomination hearing to be considered for professor nomination. And that was scheduled to be august 9. That hearing was postponed when the senate went into recess. A week earlier than previously scheduled. So i decide to make up for that hearing that we lost in august. To combine professor bar rets hearing with todays hearing. Of course i aim to be fair in the process and make sure the other side have ample time to review the nomination qualifications. We have had professor bar rets material for 120 days and justice lar sons material for 96 days. I believe this is more than enough time for thorough review. But its also important to note that holding a hearing with multiple nominees is not new. Since i joined 36 years ago has held hearings with multiple Circuit Court nominees, and even before that. Chairman kennedy had one hearing with seven Circuit Court nominees. Todays nominees are indeed important. As are the positions to which theyre nominated. As an accommodation to the minority im happy to give senator 7 minutes for the first round of questioning for the first panel. Rather than the standard five. And of course ill make sure that senators are allowed to ask as many rounds of questions as theyd like to. In order to ensure everybody. Having their questions answered. Now senator finestein. Thank you very much, mr. Chairman. Id like to welcome our nominees and their families. And friends to the Senate Judicial yar committee today. As you have correctly stated, we consider four judicial nominees as well as eric dry bands nomination to lead the Justice Department Civil Rights Division. Now, a number of troubling developments have occurred in the past month. And i think they have implications for the nominees and nominations that were considering today. Today, were evaluating a nominee to lead the Civil Rights Division. Against the backdrop of what happened in charlottesville in august. When neo nazis and white su premists gathered at the unite the right rally and violence ensued. As everybody knows, a woman named heather hire was killed by one of the rally attendees. Driving his car directly and intentionally into a crowd. Which killed 32 yearold heather. And injured 19 others. Now most Public Officials condemned this violence. And condemned the hateful ideology that motivated it. The president did not initially. Instead he said there is blame on both sides. And i think i found that a really shocking statement. And i think its aapplicable here to the extent it affects a nominees service in the civil rights area. Because there are not two sides when one side contains neo nazis and white supreme cyst. These are idologies that people across the world died in a war fighting to defeat naziism. Senator hatch said his brother died in world war ii. Fighting naziism. So there isnt any good in naziism. And mr. Dry band, im going to be specifically interested in your views on what the Civil Rights Division would do under your leadership to enforce our laws against hate crimes and combat racial and religious discrimination. Where ever it is found. Additionally, President Trump pardoned former Sheriff Joe Arpaio in august. Many i views are clear. Im former mayor, i know a little bit about racial profiling. I know the struggle that we have had in Police Departments including my own. To prevent that from continuing. And many of us feel that joe arpaio should not have been pardoned. He braiseingly defied a federal judges court order to stop racial profiling. And continued to do so until being convicted of criminal content. A pardon for that kind of conduct demonstrates some disregard for the rule of law in this country. The Justice Department Civil Rights Division, the division that mr. Dry band has been nominated to lead. Found that sheriff arpaio systemically violated the civil rights of the people he was charged with serving and protecting for years. President trump indicated that he approves of that behavior with this decision. Which in my view serves only to deepen the divisions in our country. Im interested in what mr. Dry band and our judicial nominees think about the arpaio pardon. And what message they think such a pardon sends to people about the importance of complying with court order. Which is critical to the rule of law. Im also interest nd what message mr. Dry band believes this sent to minorties across the country. When the president eagerly exonerates an officer of the law who systemically violated the rights of people of color with impunity. I believe the president has sent an unmistakable message to law enforcement. That racial profiling is an acceptable police practice. And that should concern us all. So today well consider the nominations of two Circuit Court nominees. Professor amy coneny to the seventh Circuit Court. And sixth. Circuit Court Nominations are extremely important. If confirmed, professor bar ret and justice lar son would sit on courts that are just one step below the United States Supreme Court. And because the Supreme Court hears so few cases each years the courts of appeals are really the last word and last resort for most people in many of the cases. The committee, mr. Chairman will fully and sfarly review each of the nominees. I thank you and look forward to the hearing. Thank you, very much. Well call on our colleagues. First senator corker. To introduce his nominees. And then senator young for his nominee. I should say the president s nominees and youre hear to support them. Yes, sir. Mr. Chairman, Ranking Member, thank you both for allowing us to be here. I know senator young and i both serve on the Foreign Relations committee and were glad to be in the Hallowed Ground of this committee. And thank you for the way you conduct your business. Its my pleasure to introduce two tennesseens to committee today. Id like to thank President Trump and his team for making such excellent nominations and prioritizing tennessee. First id like to introduce thomas lee robyn son parker. President trumps nominee for the United States District Court judge for the Western District of tennessee. Im pleased to welcome tommy and all those here supporting him today. His wife allison and his three dars. Kath linn, anny and should be proud. I understand elen stayed home. Shes the most studio and stayed home to go to school. The other two daughters are here. He attended university of tennessee and south carolina. And went onto earn his law degree from Vanderbilt University school of law. He has a distinguished legal career as a lit gator and former federal prosecutor in memphis. American Bar Association unanimously rated him well qualified and im confident that he understands the proper role of a judge and will faithfully uphold the law. His experience in civil and criminal matters will serve the Western District of tennessee well. Tennessee also tommy has a record of service to his community, including serving on the board of directors at the Court Appointed special advocate association. Volunteer center of memphis and youth village. I support his nomination and thank this committee. And support his confirmation. Next i would like to introduce william chip camp bell. President trumps nominee for the United States District Court judge for the middle district of tennessee. Id like to acknowledge his wife, his son john and his parents beth and bill camp bell. Who are with him here today. A native of nashville, chip attended franklin road academy before entering the u. S. Naval academy. Where he earned an in the u. S. Naval force and become a flight officer. He attended law school at the university of alabama. Where he received multiple academic honors and served as the editor in chief of the alabama law review. Upon completion of law school, he joined a Birmingham Law Firm but later returned to tennessee and became a partner at a law firm. The american Bar Association also unanimously rated chip well qualified. I am confident he will faithfully uphold the constitution and impartially apply the law. His experience will benefit the middle district greatly. In addition to his careers, litigator. He demonstrated a commitment to the nashville community. He is a member of church where he teaches sunday school and also volunteers his time. Guiding perspective Naval Academy applicants through the admissions process. I congratulate chip on his nomination. And urge my colleagues to support his nomination. I would like to mention if i could the middle district has lost two active and two senior judges since november of 2016. And the two remaining judges now carry a weighted case load of 780 per judgeship. Senator cane worked hard on this issue. This is a fourth highest case load of any district whether judicial emergency if you might take that into act as you move both of the nominees through. Id appreciate it. Again i appreciate President Trump. The chairman. And this committee moving quickly on the nominations and look forward to working with you to see all the judicial nominees for tennessee confirmed as quickly as possible. Senator wanted to be here also. Hes chairing a hearing on helping americans in the individual insurance market. Theres no objection, id ask his remarks be entered into the record. By unanimous consent. Thank you, mr. Chairman. Thank you, Ranking Member. And im very proud to be able to stand with you with the nominees. Thank you senator corker. And i dont think we ask members questions so youre free stay or go. Whatever you want to do. I think youre telling me to leave. I wish you well. I never another senator what to do. I ask them what to do. Senator young. Thank you, chairman. And Ranking Member. It really is my honor and privilege to be here today and introduce and offer my strongest support for amy combmy. Who has been nominated by the president to serve on the seventh circuit. As you can see, professor comes before this committee today not only with my support, but with the strong support of her family. Her husband, her parents michael and linda, and her seven children. Three with us today. Id like to add before i touch on just a few of professors many professional accomplishments that when we first met, it was incredibly clear to me that amy would prefer at heart to talk about her family. Than to brag on her own professional accomplishment. While putting together her very impressive career. They have been busy raising seven children. In her conversations, she gushed about him and i just respect all shes been able to accomplish. While raising such a beautiful and well behaved children who i had an opportunity to meet earlier. With that said, being nominated to serve in a lifetime appointment for a u. S. Circuit court of appeals is a privilege few in the Legal Profession ever attain. Professor is qualified to serve in that role. She brings the skill set and temperment to excel as a judge. Shes a distinguished legal scholar at noter dame law school. With dozens of articles and presentations on the powers and procedures of federal court. Professor graduated from the law school at the university of noter dame. Where she served as editor of the noter dame law review. And earned the prides. Thats the top award for a student at that law school. She clerked for justice a. And university of virginia before returning to noter dame. As a professor, shes published in such publications of virginia law review, texas review and car nel law review. Her scholarship is focussed. Appellate procedure, cannons of construction. Judicial authority, and congressional power. In recognition of her expertise, she was appointed by chief justice roberts, a fellow hoosher. To the federal Advisory Committee on appellate rules. And selected by peers to serve as the incoming chair of the federal Court Section of the American Association of law school. Since being nominated for this position, the plots have come pouring in. A group of 450 of her former stupt students wrote to this committee saying quote our support is driven not by politics, but by the belief that professor is supremely qualified. All 49 of her fellow faculty members at noter dame law school did the same. Saying that while quote we have a wide range of political views. Arizona as well as commitments to different approaches to judicial methodology and judicial craft. We are united however in our judgment about amy. The american Bar Association rates her as well qualified. In her fellow Supreme Court law clerks endorsed her. As well as dozens of fellow professors of law from around the country. I take the senate role of nominating and confirming quality candidates to the federal court very seriously. And couldnt be more pleased that professor is the first nominee from the state that this committee will consider and hopefully the whole senate will consider. Republicans and democrats alike are praising the pick. This is a historic opportunity. As professor would be the first hoosher woman rather to have a seat on the seventh Circuit Court. Thank you for this opportunity to speak out on behalf of professor. And to give me highest recommendation in support of her nomination. Thank you, mr. Chairman. And Ranking Member finestein. Once again. Thank you, senator young. There are two people that colleagues werent able to introduce so im going to do that. Michigan Supreme Court Justice Joan Larson and nominated for the u. S. Court of appeal six circuit. Nomination is supported by a Broad Coalition of lawyers, judges, academic colleagues, shes well qualified to serve the people in the sixth circuit and the Committee Received several letters in support of her nomination. I ask one letter from former government officials including officials of the Obama Administration be entered at this point without objection. That will be done. Even though she lives in michigan, Justice Larson hails from my state of iowa. She graduated from the university of Northern Iowa in 1990. And thats about 44 years after i got a degree from the same university that then was called iowa state teachers college. Then she went to attend the North Western University School of law. Justice larson began her legal career clerking for justice sennal of the dc circuit. And Supreme Court. After clerking she entered private practice serving two years with a law firm. Justice lar sop has taught constitutional law, and criminal law at the university of Michigan Law School since 1998. Where she has earned the respect of faculty members and students alike. She won the l. Heart right award for excellence in teaching early in her career. In addition to her teaching responsibility, Justice Larson ran michigans clerk ship program. Helping hundreds of students and alumni pursue clerk ships at the federal and state level. As an adjunction professor she continues to run the law schools court program. A group of her colleagues there have sent in a letter in support of her nomination. And i ask you unanimous consent that will be included in the record. Without objection. That will be done. She also served as a visiting professor at the university o