Senate Proceeding on Sep 29th, 2009 :: 5:15:35 to 5:31:35
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5:15:30 to 5:15:35( Edit History Discussion )

Tim Johnson: this very qualified nominee and

5:15:35 to 5:31:35( Edit History Discussion )
Speech By: Jeff Sessions

5:15:36 to 5:15:57( Edit History Discussion )

Jeff Sessions: thank you and i yield the floor. a senator: mr. president the presiding officer: the senator from alabama. mr. sessions: mr. president, i thank the -- senator joh his comments and value his opinions in this nomination and look f nominee be confirmed. the confirmation process we have

5:15:58 to 5:16:20( Edit History Discussion )

Jeff Sessions: in this country is a very important matter. our democratic colleagues understandably inclined to be su president puts up and it's just been a recognized responsibility for the minority party that's not of the

5:16:21 to 5:16:41( Edit History Discussion )

Jeff Sessions: president's questions and dig into these nominees and move the good ones and raise the appropriate questions if there's a problem. so, impressive background.

5:16:42 to 5:17:03( Edit History Discussion )

Jeff Sessions: early in his ka, rehe was an enacting united states attorney. he was also a federal public defender and a member of the trial lawyers, a behalf bar association in south dakota. he has been in private for 22 years and the last 16 he's been a federal public

5:17:04 to 5:17:24( Edit History Discussion )

Jeff Sessions: defender where he defends criminal cases. so public defender. i guess that's a pretty good max. and i'm hap work out this agreement with majority and process this nomination very quickly to go forward. actually, he was voted out on

5:17:25 to 5:17:47( Edit History Discussion )

Jeff Sessions: the first appearance before the committee and is already on the floor. but i would note, for some people who been a dragging of feet on the nominations, that the president did not send this nomination forward, his first district

5:17:48 to 5:18:10( Edit History Discussion )

Jeff Sessions: court nominee to the senate until june 25, a few months ago, or weeks ago, when committee at that time was consumed with the supreme court nomination of now justice sonia sotomayor. chairman leahy did not report his nomination until after that confirmation process was over until after labor day.

5:18:11 to 5:18:32( Edit History Discussion )

Jeff Sessions: so we were able then to time agreement and vote the nominee out and also to vote on the lynch, who is a highly able mom me but an act -- nominee, but an activist judge that -- too close to my way of thinking with justice brennan on

5:18:33 to 5:18:54( Edit History Discussion )

Jeff Sessions: the supreme court, for whom he clerked. so i think it's healthy for us to ask questions. i voted for judge lynch for the second c he was confirmed by a very large vote. so we'll continue to work with the nominee and move -- with the majority party and the president

5:18:55 to 5:19:15( Edit History Discussion )

Jeff Sessions: and move the nominees and -- in an appropriate pace. i wanted more about the pace of nominations. you know, it's not possible for the senate to confirm a nomination until the president has nominated one.

5:19:16 to 5:19:37( Edit History Discussion )

Jeff Sessions: and i've heard my colleague, chairman senator leahy, talk about that we haven't had enough confirmations. but i would note that there is an 11% vacancy rate in the federal courts. that's not an extraordinarily high vacancy rate. it takes some time to do background checks. and for the president to consider the people he might

5:19:38 to 5:19:59( Edit History Discussion )

Jeff Sessions: want to nominate and to consult with members of the senate, as he does so, i would that at this moment there's 74 district court vacanci federal district court vacancies as judge viken is nominated for one.

5:20:00 to 5:20:20( Edit History Discussion )

Jeff Sessions: but there before the there are 28 circuit and district court seats that are deemed to be judicial emergencies, but only six nominees have bee submitted to the senate for those judicial emergency seats.

5:20:21 to 5:20:43( Edit History Discussion )

Jeff Sessions: so i would just say that it is -- we can't confirm somebody until they're nominated. we can't do a background check on a nominee until they've been nominated. we can't have the information and their record submitted and the f.b.i. backgrounds and all that take place. and the bar association evaluations.

5:20:44 to 5:21:04( Edit History Discussion )

Jeff Sessions: so i -- i would just make my commitment that we'll continue to move nominees mr. viken and -- in a timely fashion. i reviewed his record. i also carefully reviewed his responses to questions from senate judiciary committee.

5:21:05 to 5:21:28( Edit History Discussion )

Jeff Sessions: and one of his answers i have to note was troubling to me. he stated that fits president obama's standard for the type of judges he will nominate to f that is, he meets the president's empathy standard. president obama described that

5:21:29 to 5:21:49( Edit History Discussion )

Jeff Sessions: standard as follows: the president said this: we need somebody who's got the heart the empathy to recognize what the empathyo understand what it's like to be poor or african-american or gay or disabled or old and that's the

5:21:50 to 5:22:12( Edit History Discussion )

Jeff Sessions: criteria by which i'm going to be selecting my judges. in 2005, when then senator obama was on the -- in the he explained on the floor here his onroberts, who i think was -- john roberts, who i think was one of the finest nominees we

5:22:13 to 5:22:34( Edit History Discussion )

Jeff Sessions: have seen in decades and whose testimony before the judiciary committee was just stunning in its impssiv of the legal comprehensive knowledge of how the court worked and cases -- it wasn't a case brought up that he didn't seem to fully k virtually every case that the supreme court ever written he

5:22:35 to 5:22:55( Edit History Discussion )

Jeff Sessions: seemed to be knowledgeable about. he he voted against judge roberts and stated that 5% of cases are determined by -- quote -- "one's deepest values and core concerns and the depth and breadth of one's empathy." close quote. now, we can only take ts to

5:22:56 to 5:23:16( Edit History Discussion )

Jeff Sessions: mean that the president believes that in 5% of all cases judges should not set aside their personal beliefs biases or experiences. and i think this is a radical and a the most important pillar, the fundamental pillar of the judicial system, judicial

5:23:17 to 5:23:37( Edit History Discussion )

Jeff Sessions: impartiality. whatever the empathy standard is, it's not law. and we have courts of law in this country. whenever a judge personal beliefs, biases or experience to make a decision that favors one party, is it not

5:23:38 to 5:23:59( Edit History Discussion )

Jeff Sessions: true that he necessarily has, therefore, disfavored the other party as a result of his personal beliefs and biases. from the judge's so call empathy, there's a litigant who loses. not on the basis of law, but because a judge did not identify with them. so when a person is nominated to

5:24:00 to 5:24:23( Edit History Discussion )

Jeff Sessions: our federal bench, we ask them to take a judicial oath befe the oath honored american tradition of blind justice. the oath says this -- quote -- "i do solemnly swear that i will administer justice without

5:24:24 to 5:24:44( Edit History Discussion )

Jeff Sessions: respect to persons. and do equal right to the poor and to the rich. and that i willaithfully and impartially discharge and form all of the duties incumbent upon me under the constitution and laws of help me god." impleaseed to say that the

5:24:45 to 5:25:05( Edit History Discussion )

Jeff Sessions: supreme court has not yet struck down so help me god in the oath. and, hopefully, they never will. the present standard for judicial nominees, i think, plainly, conflicts with that oath. and we've had a big discussion about that. and it's not a little bitty matter.

5:25:06 to 5:25:27( Edit History Discussion )

Jeff Sessions: it's not a small matter. judges take the oath to be impartial. i practiced law for many years. an i've always believed and a judge who heard my case would rule on the law fairly and objectively. and if i lost and did not have a sufficient law o logic to -- to support my

5:25:28 to 5:25:50( Edit History Discussion )

Jeff Sessions: position i didn't expect to prevail. and that's the kind of con concept that underlies american justice. aside from david almost every one of president obama's nominees, including

5:25:51 to 5:26:12( Edit History Discussion )

Jeff Sessions: justice sotomayor have object -- i found he believes he fits that standard to be concerning. however, he has also acknowledged in his answers to questions we submitted to him for the record complete view. now, this is what he said in his

5:26:13 to 5:26:35( Edit History Discussion )

Jeff Sessions: answer in writing -- quote -- "a judge's consideration of a case must always be governed attention to t facts presented by the established law. empathy is a personal characteristic which may assist a judge in analyzing the human circumstances which bring people

5:26:36 to 5:26:59( Edit History Discussion )

Jeff Sessions: before the court. but the law -- but the law not the personal experiences of jurists is the path to justice in considering each case." close quote. i think that's ok. i'm not sure how you can have

5:27:00 to 5:27:21( Edit History Discussion )

Jeff Sessions: any empathy of a personal ch like to disagree wh the president who nominated. that's a pretty good statement overall. and he also stated that he believes -- quote -- "the role of a jerl district judge -- competence, a strong work ethic. true.

5:27:22 to 5:27:42( Edit History Discussion )

Jeff Sessions: impartial and dispassionate consideration of proven facts and fidelity to binding and persuasive precedent and respect for all who appear before the court. close quote. i think that's a good statement. and i think it -- if he'll

5:27:43 to 5:28:03( Edit History Discussion )

Jeff Sessions: according to those standards, he will do well, and i believe he will. i'm glad to see he's an honors graduate, but didn't go to some of these schools, senator went to school in south dakota, university, an honors graduate there.

5:28:04 to 5:28:24( Edit History Discussion )

Jeff Sessions: he practiced law over the years, a lot of practice and in the course of that you learn that judges really -- the good judges do consistently try to reach the right, dispassionate result, and i think he statements about empathy that are not perfect, but my judgment is that he's been in the

5:28:25 to 5:28:45( Edit History Discussion )

Jeff Sessions: courtroom, he's been before good judges and i'm hopeful he's going to be a very good judge. but we'll see. and i think it's -- become even more problematic if you're nominated for the supreme

5:28:46 to 5:29:07( Edit History Discussion )

Jeff Sessions: because those higher courts seem to be the one -- ones who feel less compunction in allowing their personal views in the cases. this judge is by the u.s. supreme court, but also his circuit -- the circuit

5:29:08 to 5:29:29( Edit History Discussion )

Jeff Sessions: precedent and because he stated he believes that the rule -- role of impartial and consideration of proven facts and recent legal arguments, fidelity to binding and i'll certainly give him benefit of the doubt and vote in favor of his nomination and hope

5:29:30 to 5:29:50( Edit History Discussion )

Jeff Sessions: he will vote statements and will interpret the law as written, refrain from imposing personal views in his decision and will follow the oath to uphold the constitution first an moar most didn't le it he should uphold it. i would like to quote from an

5:29:51 to 5:30:12( Edit History Discussion )

Jeff Sessions: essay by a former chairman of the judiciary hatch, which was published on constitution day. he said this -- quote -- "the constitution, its words and their meaning was established by the people, can can only be

5:30:13 to 5:30:33( Edit History Discussion )

Jeff Sessions: sacredly obligatory upon all government that is why the debate over judicial selection is really debate over judicial power. it is a debate over whether the constitution conols judges or judges control the constitution. over whether the constitution really is with nothing less --

5:30:34 to 5:30:54( Edit History Discussion )

Jeff Sessions: over what the constitution really is with nothing less than liberty at stake. i think that' statement. the role of a why at its most base level policy in a democracy must be set by the elected branches who

5:30:55 to 5:31:15( Edit History Discussion )

Jeff Sessions: are accountable to the people. and judges are to be neutral arbiters of disputes, deciding the cases based on the law and the facts, without a their personal, political, ideological views or biases to enter process. that's why they put on a robe, to suggest their impartiality.

5:31:16 to 5:31:31( Edit History Discussion )

Jeff Sessions: that's why they take the oath that i quoted from. that's the key ingredient of our legal system, the greatest legal system the world has ever kno i thank the chair and would