The Senate Judiciary Committee Holds A Meeting On Pending Nominations And Legislation

2 months ago

The Senate Judiciary Committee held an executive meeting on Thursday to consider pending legislation and nominations.

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Transcript

00:00I'm going to recognize the Ranking Member to make an opening statement and I'll respond.

00:05Thank you, Mr. Chairman.

00:08We've had some success on this committee reporting out bills regarding social media abuse.

00:14To the members of the committee on both sides, you've been champions of trying to fix a problem

00:19that plagues every family in this country.

00:22And we got them through the floor.

00:24Now we've got a problem in the House.

00:26Our House colleagues are saying the Kids Online Safety Act and the other bill we passed

00:31needs major, significant changes.

00:32Fine.

00:33Tell us what they are.

00:34Just don't stop the process of trying to deal with this abuse.

00:38Senator Blackburn, Blumenthal, everybody who's been involved in writing this stuff, well

00:44done.

00:45But the big prize still remains, and that's Section 230.

00:49So we live in a time of where these devices become addictive.

00:56I find myself looking at the next thing to pop up.

01:00Our children are being put at risk.

01:02There are people preying on them through these devices.

01:06Drugs are being sold.

01:08There's all kinds of sexual predators out there preying on young people, particularly

01:13young girls.

01:15And there's not much a family can do.

01:17If you're being bullied and your child's being bullied on these websites, you can go tell

01:23the owner and they will listen.

01:25But if they do nothing to correct the problem or follow their own written policies, you

01:31can't sue because of Section 230.

01:33I think it's time now for the Congress to take away Section 230 protections for an industry

01:40that has made it.

01:43If you're worried about the Internet surviving, it has survived.

01:46These companies are the largest advertisers in the history of mankind.

01:51They have absolutely no legal accountability to the people that are abused by their product.

01:58It's the only product I know of in America that you have no recourse if you're injured

02:03by it.

02:04So I want to compliment the committee and Senator Schumer and Senator McConnell.

02:09I want to challenge the House, but the big prize, Mr. Chairman, is to replace Section

02:15230.

02:16It is long past time to give the American people access to the courtroom when they're

02:22injured by social media outlets.

02:25Senator Graham, I couldn't agree with you more.

02:27This has really reached a point where we're finally opening the subject for conversation

02:33and debate and votes.

02:35But we're a long way from where we need to be.

02:37I want to salute the leadership of Senator Blackburn, Senator Blumenthal, Senator Markey

02:43and other senators who have been part of this effort so far.

02:48They've done a great job.

02:50But this is just opening the door.

02:52Now we've got to give the kind of recourse to people across America who are being victimized

02:58to persuade the social platforms that they can't continue this way.

03:02230 might have made sense long ago.

03:04It makes no sense now, and I share your feelings on that.

03:08Senator Whitehouse?

03:09Just to echo that very point, Chairman Durbin, thank you, and thank you to our ranking member.

03:13Senator Klobuchar?

03:14As Senator Graham knows, I've long agreed with him on this, and the time has come.

03:21And even some of the exemptions that are in some of your bills I think would be very helpful

03:26right now.

03:28And I'm very glad we passed this bill, but I think we all know it's not going to solve

03:32when there's not any viability for anything that happens.

03:36Thanks.

03:37And just for the record, to close the subject, these five bills that we passed, passed unanimously.

03:45That is a political miracle in this committee that anything would pass unanimously, but

03:50I think it's-

03:51Probably in the Bible is the sign of the end times, but yeah.

03:54I hope not.

03:56But it does indicate the timeliness of this subject.

04:00Mr. Chairman?

04:01Senator Blumenthal?

04:02If I may just add a brief word of thanks to you, Mr. Chairman, and the ranking member

04:06for your leadership, and of course to my partner in the effort on Kids Online Safety

04:12Act, Senator Blackburn.

04:14I think our success here shows, number one, this issue is completely bipartisan, and the

04:22work that Senator Blackburn and I have done with your help has brought us this far.

04:28We do need to get this bill through the House, but it also shows we can stand up to these

04:33big tech companies.

04:34We can say to social media, we're not relying on you anymore.

04:39We're not trusting you.

04:41We do need to move on Section 230 and some of the other bills that you, Mr. Chairman,

04:47and Senator Klobuchar, and others on this committee, and the ranking member have advanced.

04:51This is just a first step.

04:54Thank you, Senator.

04:56We're considering seven judicial nominees today.

04:59I know this is the last day before recess, and it's going to be busy.

05:03I'll turn to Ranking Member Graham if he wants to make any further opening remarks.

05:07I'm ready.

05:08Ready?

05:09We will now turn to the votes.

05:11First is Carla Campbell, nominated to the U.S. Court of Appeals for the Sixth Circuit.

05:15Does anyone seek recognition on this nomination?

05:16Mr. Chairman?

05:17Senator Blackburn.

05:18Thank you, Mr. Chairman, and I know that you all are not surprised that I am asking to

05:25speak on this nominee, and I'm disappointed that, once again, I am having to speak on

05:32a nominee.

05:33This is the fourth time that the White House has disregarded Senator Hagerty and I in this

05:40process.

05:42And I know, Mr. Chairman, they tell you one thing, but the actions they have had with

05:47us are something completely different.

05:52And what they've done should concern every single member of this committee, because these

05:59nominees who are not qualified to sit on the federal bench, they are not going to age well.

06:07Your vote for them will not age well.

06:11The decisions that they make are probably going to be things that you will be asked

06:17about in the future, because the votes that you're taking for these federal judges that

06:25have lifetime appointments, this is a legacy vote for you.

06:33And every one of you should be thinking about this.

06:36I'm not going to take up the committee's time rehashing this, but I will remind you, this

06:45nominee, Carla Campbell, came to us because of a deal the White House cut with Judge

06:53Strach.

06:55It was a deal they cut.

07:01That is wrong.

07:03Her performance at her nominations hearing was one of the worst that we have seen.

07:10Over the course of the hearing, she repeatedly lied to members of this committee and refused

07:18to answer any basic questions.

07:22Now, here is one example of where she got tripped up.

07:28She served as a longtime legal advisor for Workers' Dignity.

07:34That is a radical activist group that supports, and I want you to hear this, they support

07:42abolishing the police.

07:44They support abolishing the military and law enforcement.

07:50They've accused Israel of engaging in ethnic cleansing.

07:55And she failed to disclose her affiliation with this group to the committee.

08:01When we found out about it anyway and asked Ms. Campbell for details on her work for this

08:06activist group, she lied to Senator Grassley and denied the affiliation, and then she got

08:12pressed on it.

08:13And what did Senator Grassley do, sitting right there in that seat?

08:17He looked at her and said, did you lie to me?

08:23Because she contradicted herself.

08:27I have never seen a nominee evade questions and just flat out lie the way she did.

08:37I think it is so disrespectful of members of this committee.

08:42Mr. Chairman, I think it is disrespectful of you as the chair of the committee.

08:49Her dishonesty was not my only concern.

08:54We also know that she donated $1,500, more money than she had ever given to any political

09:02candidate, to Odessa Kelly.

09:05Now, Odessa Kelly was a former congressional candidate in Tennessee who publicly accused

09:12five members of this committee of being satanist and racist.

09:20The candidate tweeted, and I will quote this for everyone.

09:24I want you to hear this.

09:26Here was Odessa Kelly's tweet, Blackburn, Cruz, Cotton, Graham, Holly are obviously

09:33aligned with the devil.

09:36The hate is real.

09:37The racism is apparent.

09:39The disrespect is on another level, end quote.

09:44Just four days after the candidate made that inflammatory statement, Ms. Campbell cut a

09:51$1,500 check to that candidate.

09:57It's hard to see her donation is anything other than an endorsement of the opinions

10:04and statements of that candidate.

10:06And this candidate didn't just attack committee Republicans.

10:11She also attacked Senators Manchin and Sinema by name.

10:17She also attacked 50 other U.S. Senators calling them, and again, I quote, Jim Crow Senators

10:26who don't give a damn about our voting rights.

10:30These are white nationalists, period, end quote.

10:34So Ms. Campbell put her full financial support behind an individual who called 52 Senators,

10:42including Senators Manchin and Sinema, white nationalists.

10:48This donation also shows a profound lack of judgment by Ms. Campbell that makes her entirely

10:55unsuited to be a federal judge.

10:59I know we don't have a blue slip for the circuit court.

11:02I'm not asking for veto power or to handpick a candidate.

11:08Senator Hagerty is not asking for that either.

11:12What we have asked for is the basic courtesy of providing that advice and consent of working

11:21with the White House.

11:23We have brought forward individuals who would be wonderful representatives on the bench.

11:32They would be good judges and they are Democrats.

11:38And that's that is fine, Mr. Chairman.

11:43But what we have to do is realize the White House now for the fourth time, they're picking

11:51someone who has never been a judge.

11:54They haven't been a city judge.

11:56They haven't been a county judge.

11:57They haven't been a state judge.

11:59They have never been a judge and they are going to the appellate court.

12:09This is something that, as Senator Tillis said the other day, I want all of you to remember

12:17this moment.

12:19I want you to remember this because we know the shoe is going to be on the other foot

12:29soon enough.

12:31We know that what we have before us today is another individual who is not qualified

12:40to take a seat on the appellate court.

12:43I know, Mr. Chairman, the White House has told you differently.

12:48I know that if you knew the extent to which Senator Hagerty and I had tried to work with

12:55them, tried to work through this process, you probably would have a little bit of empathy

13:05for where we sit.

13:06I'm asking everyone today to oppose this nominee.

13:12Senator, when the shoe was on the other foot, your party eliminated the blue slip on circuit

13:17court nominees.

13:19That's a fact.

13:21This is one of the results of it and I'm sorry that you feel that you were mistreated

13:26in this context.

13:27Is anyone else?

13:28Not mistreating me, Mr. Chairman.

13:30It is mistreating the people of Tennessee.

13:33It is mistreating people that are qualified to take this seat on the bench and the White

13:38House will not even interview them.

13:42And they are people that are Democrats.

13:46It is a lack of respect for the process.

13:49It is a lack of respect for the people of Tennessee.

13:53And Mr. Chairman, I have heard you say that you were able to work with the previous administration

14:01to get some people that you could agree on.

14:05We are asking for that same courtesy.

14:08The people in Tennessee are asking for that same courtesy.

14:12Anyone else seek recognition?

14:14If not, the clerk will call the roll.

14:16Mr. Whitehouse?

14:17Aye.

14:18Ms. Klobuchar?

14:19Aye.

14:20Mr. Cruz?

14:21Aye.

14:22Mr. Blumenthal?

14:23Aye.

14:24Ms. Blumenthal?

14:25Aye.

14:26Mr. Cruz?

14:27Aye.

14:28Ms. Blumenthal?

14:29Aye.

14:30Mr. Cruz?

14:31Aye.

14:32Ms. Blumenthal?

14:33Aye.

14:34Mr. Cruz?

14:35Aye.

14:36Mr. Blumenthal?

14:37Aye.

14:38Ms. Blumenthal?

14:39Aye.

14:40Ms. Blumenthal?

14:41Aye.

14:42Ms. Blumenthal?

14:43Aye.

14:44Ms. Blumenthal?

14:45Aye.

14:46Ms. Blumenthal?

14:47Aye.

14:48Mr. Cruz?

14:49Aye.

14:50Ms Blumenthal?

14:51Aye.

14:52Mr. Cruz?

14:53Aye.

14:54Ms. Blumenthal?

14:56Aye.

14:57Mr. Cruz?

14:59Aye.

15:00Mr. Blumenthal?

15:02Aye.

15:03The nomination be favorably reported to the floor.

15:06Next is Judge Julia Lopez nominated to the U.S. Court of Appeals for the First Circuit.

15:11Does anyone seek recognition on this nomination?

15:15If not, the clerk will call the roll.

15:17Mr. Whitehouse.

15:18Aye.

15:18Ms. Klobuchar.

15:20Aye.

15:21Mr. Coons.

15:22Aye.

15:23Mr. Blumenthal.

15:24Aye.

15:25Ms. Hirono.

15:26Aye.

15:27Mr. Booker.

15:27Aye.

15:28Mr. Padilla.

15:29Aye.

15:30Mr. Asa.

15:31Aye.

15:32Mr. Welch.

15:33Aye.

15:34Ms. Butler.

15:35Aye.

15:36Mr. Graham.

15:37No.

15:38Mr. Grassley.

15:39No.

15:40Mr. Cornyn.

15:41No by prox.

15:42Mr. Lee.

15:43No by prox.

15:45Mr. Cruz.

15:46No by prox.

15:47Mr. Hawley.

15:48No by prox.

15:49Mr. Cotton.

15:50No by prox.

15:51Mr. Kennedy.

15:52No by prox.

15:54Mr. Tillis.

15:55No by prox.

15:56Mrs. Blackburn.

15:57No by prox.

15:59Chair Durbin.

16:00Aye.

16:00Chair Durbin, I'll just vote the ayes are 11,

16:02the nays are 10.

16:03Nomination will be favorably reported to the floor.

16:06Next is Mary Kathleen Costello,

16:08nominated to the U.S. District Court

16:09for the Eastern District.

16:10Does anyone seek recognition?

16:13If not, the clerk will call the roll.

16:15Mr. Whitehouse.

16:16Aye.

16:17Ms. Klobuchar.

16:18Aye.

16:19Mr. Cruz.

16:19Aye.

16:20Mr. Blumenthal.

16:21Aye.

16:22Ms. Serrano.

16:23Aye.

16:24Mr. Klifford.

16:25Aye.

16:26Mr. Padilla.

16:27Aye.

16:28Mr. Ossoff.

16:28Aye.

16:30Mr. Welch.

16:30Aye.

16:31Ms. Butler.

16:32Aye.

16:33Mr. Graham.

16:34Aye.

16:35Mr. Grassley.

16:36No by prox.

16:38Mr. Cornyn.

16:39No by prox.

16:40Mr. Lee.

16:41No by prox.

16:42Mr. Cruz.

16:43No by prox.

16:44Mr. Hawley.

16:45No by prox.

16:46Mr. Cotton.

16:47No by prox.

16:48Mr. Kennedy.

16:49No by prox.

16:51Mr. Tillis.

16:52Aye by prox.

16:54Mrs. Blackburn.

16:55No by prox.

16:57Chair Durbin.

16:58Aye.

17:00Chair Durbin undisclosed the ayes are 13,

17:02the nays are eight.

17:03Nomination be favorably reported to the floor.

17:05Next is Catherine Henry,

17:06nominated to the U.S. District Court

17:08for the Eastern District.

17:09Depends on, hang on one second.

22:43A quorum has to be in the room at once, yes.

23:03Just for the sake of members

23:05and those who are in attendance here,

23:07we're trying to find a way to establish

23:10the necessary quorum for a roll call vote

23:13and our goal now is to,

23:16during the first roll call on the floor,

23:18which is scheduled for 1130,

23:20to convene in the President's Room at 1145.

23:23We need all members present,

23:26physically present at 1145.

23:28Is there a conflict that any of you note?

23:31In the middle of the vote,

23:32so they have to be there.

23:34You're all headed to the floor for a vote

23:36at or about that time.

23:38And the same thing's true on the Republican side.

23:41So with that, the committee will stand in recess,

23:45subject to the call of the chair.

23:46Will there be donuts?

23:49Senator Whitehouse asked about the possibility of donuts.

23:55Perhaps it will attract some of the members.

23:58Committee stands in recess.

The Senate Judiciary Committee Holds A Meeting On Pending Nominations And Legislation

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