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