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Floor Speech

Date: Jan. 16, 2019
Location: Washington, DC

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Mr. CORNYN. Mr. President, yesterday the Senate Judiciary Committee began to hear witnesses on the nomination of Bill Barr to be the next Attorney General of the United States. We heard first, of course, from Mr. Barr himself all day yesterday and today from additional witnesses.

By any standard, Mr. Barr is an exceptionally qualified individual, in part because 27 years ago, he was Attorney General, nominated and confirmed unanimously--nominated by President George Herbert Walker Bush. Under his leadership at the time, the Department of Justice focused on some of the most important law enforcement challenges facing our country at that time. They worked to fight violent crime and combat the drug epidemic, both of which continue to do great harm to communities across the country still today.

As significant as the work done under his leadership was, I was more impressed with the fact that after 27 years, he was willing to take on the task of becoming Attorney General once again. He said he was sort of semiretired. He and his wife were looking forward to spending more time with their children and grandchildren. But he answered the call to public service, and I am grateful that he did. He knows that our Nation needs a strong law-and-order Attorney General at the Department of Justice.

When he spoke at his confirmation hearing more than 2\1/2\ decades ago, he said:

The Attorney General must ensure that the administration of justice--the enforcement of the law--is above and away from politics. Nothing could be more destructive of our system of government, the rule of law, or the Department of Justice as an institution, than any toleration of political interference with the enforcement of the law.

He repeated that commitment yesterday, and I think the need for that sort of strong statement is more important today than ever.

I believe Attorney General Barr will be a good Attorney General, assuming what is one of the most challenging positions in the Cabinet because you are a political appointee but you are also the chief law enforcement officer in the country. That sometimes can be difficult to navigate.

As the nominee noted, doing the job and doing it well sometimes requires being prepared to burn your political capital in order to preserve the rule of law. I believe this is the most fundamental quality of a good Attorney General, and having a leader at the helm of the Department of Justice with the right temperament and a fundamental understanding of this responsibility is critical now and forever. In recent years, we witnessed some Attorneys General carrying out actions that repeatedly toed that political line, sometimes crossed it.

Under the Obama administration, the Department of Justice began to veer increasingly away from the impartial administration of law and toward politics. That shift undoubtedly occurred at the hands of President Obama's Attorneys General who were in the driver's seat during his administration, Eric Holder and Loretta Lynch.

Both Holder's and Lynch's conduct has come under a great deal of scrutiny--even now, after they have left--and for good reason.

For example, under then-Attorney General Holder, there was something called Operation Fast and Furious in which the Bureau of Alcohol, Tobacco, and Firearms and the Department of Justice purposefully allowed the illegal sale of firearms in Mexico in the hopes of being able to track them. Unfortunately, there were a number of casualties, including Border Patrolman Brian Terry, who was killed with one of those firearms in 2010. Attorney General Holder never accepted responsibility for Brian Terry's death or ever admitted that allowing these guns to walk into Mexico, into the hands of some criminal organizations, was a terrible mistake.

Under his watch, the IRS targeting controversy occurred in which politically aligned groups applying for tax-exempt status faced official oppression based upon their political affiliation.

Then, of course, more recently, let's not forget then-Attorney General Lynch's handling of the Clinton email scandal--something even James Comey, the FBI Director, objected to--along with her famous so- called tarmac meeting with former President Bill Clinton when his wife was under an active FBI investigation. The conduct of both Holder and Lynch undermined the public's confidence in the impartial administration of justice and law at the Justice Department.

Under the leadership of my friend and our former colleague, Jeff Sessions, the Department of Justice has begun to right the ship and again separate politics from the impartial administration of the law, and I am confident that Mr. Barr will continue to do the same.

During his confirmation hearing, Mr. Barr reaffirmed that politicians should not interfere with criminal investigations, and he likewise committed not to interfere with the special counsel's investigation. He assured us that his allegiance will be to the rule of law, to the Constitution, and to the American people, and that, above all else, he will work to protect the professionalism and integrity of the Department of Justice and the thousands of dedicated public servants who work there.

Not only is Mr. Barr exceptionally qualified for the job, he is prepared on day one to step in and lead with distinction.

The Senate unanimously confirmed his nomination to three different positions at the Department of Justice, and I hope we can work expeditiously to get this fine man to the Department of Justice once again.

I thank Mr. Barr and his entire family for agreeing to bring his talents and his temperament to the Department of Justice at a time when those qualities are so desperately needed, and I look forward to voting yes on his nomination.

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