Senate Proceeding on Oct 22nd, 2009 :: 2:02:55 to 2:12:55
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2:02:51 to 2:03:14( Edit History Discussion )

Jeff Sessions: requests be agreed to and that they be printed in the record. the presiding offi objection. mr. levin: i yield the floor. mr. sessions: mr. president? the priding officer: the

2:02:55 to 2:12:55( Edit History Discussion )
Speech By: Jeff Sessions

2:03:15 to 2:03:37( Edit History Discussion )

Jeff Sessions: senator from alabama. frustrated and disappointed that i would be in a position of voting against cloture on this legislation. i've been a member of the armed services committee now for 12 years. i voted in favor of passing the national defense authorization act each of those 12 years, and

2:03:38 to 2:03:59( Edit History Discussion )

Jeff Sessions: i'm particularly concerned that i would feel compelled to oppose the passage of this conferenc report this year. i will vote against cloture becaus we are moving away from the long-standing tradition of passing bipartisan legislation that sets aside partisan politics in favor of providing

2:04:00 to 2:04:21( Edit History Discussion )

Jeff Sessions: funding for our men and women in uniform. and i'm sad to say that in this case, desires of a few have overridden that tradition. the result of that decision is before us in the conference report. the inclusion of the controversial language of the

2:04:22 to 2:04:43( Edit History Discussion )

Jeff Sessions: hate crimes legislation, which is unrelated to our national defense, is deeply troubling. i think we would be setting a dangerous precedent by including such extraneous legislation on the most important authorization bill the body passes every year. i count myself as an ally of men and women in uniform.

2:04:44 to 2:05:04( Edit History Discussion )

Jeff Sessions: i worked for compelled to support them in every way possible. i certainly don't mean to disrespect them and all the good things that are in this bill. but let me just say that the

2:05:05 to 2:05:26( Edit History Discussion )

Jeff Sessions: utilization -- one of the reasons we've had such good support for the defense authorization bill and able to pass it every year, when bills like the foreign relations authorization bill almost never passes, is because that bill and so many other authorization bills get larded up with all kind of pork and special-interest extraneous

2:05:27 to 2:05:47( Edit History Discussion )

Jeff Sessions: legislation and they become so controversial they don't pass. so our unwritten but firm principle has been let's keep the defense bill a clean bill that focuses on our men and women in uniform. and just because you or some -- some senator in the body has a piece of legislation they strongly favor, that does not

2:05:48 to 2:06:09( Edit History Discussion )

Jeff Sessions: an it should be added to the defense bill. because others may feel just as strongly in opposition. and so it creates a real problem for us. and i would just say that the -- the train on which this defense

2:06:10 to 2:06:31( Edit History Discussion )

Jeff Sessions: bill annually moves forward is a powerful engine. and it's always been known that if you were able to get your legislation on the defense bill, then few senators are going to vote against it, even if they don't agree with that particular piece of legislation. they want to vote for the defense and -- and in a

2:06:32 to 2:06:52( Edit History Discussion )

Jeff Sessions: bipartisan way, we've recognized -- and not perfectl perfectly -- but we've recognized that it's -- if we want to be bipartisan strength and support for our men and women in uniform and our national defense is maintained, we d't need to

2:06:53 to 2:07:16( Edit History Discussion )

Jeff Sessions: load up that train with extraneous, controversial pieces of legislation. and that's a great disappointment to me. and i hope by raising this objection clearly -- and i appreciate senator mccain doing so -- that we begin to send a message that let's don't do this again, because it can endanger the success we've had

2:07:17 to 2:07:37( Edit History Discussion )

Jeff Sessions: over the years. and this legislation was including -- included despite the opposition of both the chairman and the ranking member of the house armed services committee. and certainly the ranking -- the ranking member of the committee, senator mccain. it's something i understand that

2:07:38 to 2:08:01( Edit History Discussion )

Jeff Sessions: the leadership -- i guess the speaker and the majority leader are the ones that insisted this legislation, this hate crimes bill be added to it. specifically chairman ike skeleton, democratic the house, on october 8 said -- quote -- "finally, regarding the hate crimes prevention act, i have said several times i would

2:08:02 to 2:08:26( Edit History Discussion )

Jeff Sessions: have preferred it not be -- it have been enacted as a stand-alone bill." well, i think that's certainly what we all felt but somehow that didn't happen. it's been added to the legislation. on july 20 of this year, i gave a lengthy statement -- i'm sure few listened to and even fewer

2:08:27 to 2:08:49( Edit History Discussion )

Jeff Sessions: read -- discussing hate crime legislation and the constitutionality of need for it or lack of need. i pointed out a number of things that were very imp to the legislation -- to considering the legislation. and one of them i would just

2:08:50 to 2:09:11( Edit History Discussion )

Jeff Sessions: note is a report by the u.s. civil rights commission. i oppose the legislation. i showing -- as a matter of fact, there was no showing of a faure of state and local prosecutors to prosecute these cases. i asked the attorney general

2:09:12 to 2:09:32( Edit History Discussion )

Jeff Sessions: himself, mr. eric holder, to list cases that he named. and he listed five and we checked all those cases in the last five years and they were all prosecuted. and most resulted in conviction and jail time. so it's not as if these cases were not being prosecuted.

2:09:33 to 2:09:54( Edit History Discussion )

Jeff Sessions: this has a political dimension to it, frankly, more than a legal dimension. the six of the eight members of the civil rights commission signed a strong letter to the president and to the judiciary committee opposing this legislation.

2:09:55 to 2:10:18( Edit History Discussion )

Jeff Sessions: they went on to say letter that it will title of this legislation -- quote -- "suggests that it will apply only to the actual criminal prohibitions contained in it do not the defendant be inspired by hatred or ill will in order to convict.

2:10:19 to 2:10:39( Edit History Discussion )

Jeff Sessions: it is sufficient if he acts -- quote -- "because of someone's actual or perceived race, color, religion, national origin, gender, sexual orientation or disability." the letter goes to say -- quote -- "rapists indifferent to the gender of their victims

2:10:40 to 2:11:04( Edit History Discussion )

Jeff Sessions: they are virtually always chosen because of their gender. a robber might well steal only from women or the disabled because, in general, they are less able to defend themselves. literally these victims are chosen because of their gender or their disability." and the letter goes on to say

2:11:05 to 2:11:26( Edit History Discussion )

Jeff Sessions: that this piece of legislation would lead -- would make every rape in america to be declared a crime under this bill, because it's an act against someone because of their gender. on so on the mairkts i'm concerned about the legislation. i'm concerned about his constitutionality.

2:11:27 to 2:11:49( Edit History Discussion )

Jeff Sessions: there's a lack of interstate nexus. and unlike the 1968 civil rights act, which was needed and did fill a gap because there was clear proof that serious crimes were committed against african-americans and other minorities were not being prosecuted, and they h of that and could show that.

2:11:50 to 2:12:12( Edit History Discussion )

Jeff Sessions: and so the federal courts, through narrowly crafted legislation to protect the movement and free exercise of civil rights by minorities in this country, passed a civil ghts bill that i think has been upheld as constitutional. but this bill i much broader, much less narrowly tailored and much less defensible.

2:12:13 to 2:12:33( Edit History Discussion )

Jeff Sessions: so i would just say, mr. president, i'm proud that we have a good pay raise in the legislation. i'm proud that there's some good things in it. i'm disappointed, as senator inhofe said, about missile defense and -- and lack of funding to update our nuclear stockpiles, which is becoming a critical issue.

2:12:34 to 2:12:59( Edit History Discussion )

Jeff Sessions: but overall, i'm supportive of the legislation, want to be supportive of it, but i want to be sure to be crystal clear that we should not where we add -- allow the addition to a defense bill controversial legislation like this. i thank the chair and would