Nomination of Kristen M. Clarke

Floor Speech

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Mr. DURBIN. Madam President, it was 1 year ago today. It was a street corner in the city of Minneapolis, the corner of 38th and Chicago Avenue. For 9 minutes and 29 seconds, Derek Chauvin, a Minneapolis policeman, knelt on George Floyd's neck. As he knelt on his neck, he stared into a camera with a look that haunts me to this day. Those 9 minutes and 29 seconds took George Floyd's life and changed America's national conversation about law enforcement. Those 9 minutes and 29 seconds sparked a global movement and compelled us to bear witness to the reality of racial injustice in our country.

In this Senate we are in a privileged position to face that reality and to continue America's long, sometimes bitter march toward equal justice under the law. That is why I rise today in support of Kristen Clarke's nomination to be Assistant Attorney General for the Civil Rights Division of the Department of Justice.

It is worth noting the history of this position. The Civil Rights Division is one of the most important components of the Justice Department. The Attorney General's Office has existed since 1789. The Justice Department itself was not created until after our Civil War.

During the days of Reconstruction, after that war, our Nation resolved to take new steps to form a more perfect Union through the 13th Amendment's abolishing slavery, the 14th Amendment's guarantee of due process and equal protection, and the 15th Amendment's protection of all citizens' fundamental right to vote.

The Department of Justice was created after the passage of those amendments and entrusted with the responsibility to defend the rights of Americans, particularly the newly emancipated, formerly enslaved Americans.

Given the Department's immediate imperative to protect and preserve civil rights, President Ulysses S. Grant appointed Amos Akerman to be the first Attorney General to lead this new Department. Why? He had extensive experience in prosecuting voter intimidation as the U.S. attorney in the State of Georgia.

More than 150 years later, the Civil Rights Division of the Justice Department now is entrusted with that constitutional responsibility. The Division enforces Federal statutes prohibiting discrimination based on race, color, sex, sexual orientation, gender identity, disability, religion, national origin, and citizenship status.

And just as President Grant appointed a legal expert with a breadth of experience to lead the newly formed Justice Department in 1870, today, President Joe Biden has chosen Kristen Clarke to take up the mantle as the head of the Civil Rights Division. With her breadth of experience defending the civil rights of all Americans, Kristen Clarke is singularly qualified to lead this Division, particularly at this moment in history.

Kristen Clarke will be the first Senate confirmed woman of color to do so--the first.

When I listen to the caricatures that are portrayed on the floor of the Senate about this woman, I find it hard to believe they are talking about the Kristen Clarke that we met in open Senate hearings.

We know what happened to the Civil Rights Division under President Trump. Under President Trump and Attorneys General Sessions and Barr, the Civil Rights Division was devastated. Over the past 4 years, the Division rescinded guidance protecting transgender students, prohibited the use of consent decrees for local police departments that had engaged in systemic misconduct, and abandoned the prior legal positions supporting Americans' fundamental right to vote.

I believe America needs a Civil Rights Division that vigorously defends the civil rights of all Americans. Kristen Clarke is the legal expert we need to restore and reinvigorate the Civil Rights Division.

You wouldn't know it from the characterizations on the other side about her experience, but, notably, she is a veteran of two of its sections. She began her legal career defending voting rights in the Voting Section and later prosecuted hate crimes in the Division's Criminal Section. She personally understands the key role the Division's line attorneys play in protecting civil rights.

Since leaving the Civil Rights Division, Ms. Clarke has continued defending civil rights in State government and national civil rights organizations. First, Ms. Clarke co-led the NAACP Legal Defense and Educational Fund's voting rights work, litigating voting rights cases under the Voting Rights Act and the National Voter Registration Act. Then she served as a civil rights official for the New York State Attorney General's Office, where she played a key role in launching a religious rights initiative to address faith-based discrimination.

When you listen to those assignments and the fact that this woman was chosen to head these divisions, how can it possibly square with some of the caricatures that have been drawn on the floor today about who she is?

Most recently, Ms. Clarke was chosen to lead the Lawyers' Committee for Civil Rights Under Law. Those of us who follow this closely know it is one of the most preeminent civil rights groups in America. During her tenure, the Lawyers' Committee has taken on a huge caseload and doubled in size to address the most pressing civil rights issues of our time, including hate crimes.

Here is the part that I want to make a special emphasis on. Both Vanita Gupta and Kristen Clarke have extensive endorsements from law enforcement organizations. Yet, when they were characterized on the floor of the Senate by their critics, they were characterized as haters of police and law enforcement. It just mystifies me how Senators can come to the floor knowing these organizations and believe that these two women have hoodwinked them into believing that they support law enforcement. The women and men in law enforcement aren't pushed around and aren't easily deceived. They have endorsed these two women, and today we address Kristen Clarke's nomination because of the records they have written, not over a period of days or weeks or months but years and in some cases decades, that they have written.

Consider this statement from Sheriff David Mahoney from Dane County, WI, recently stepped down from the National Sheriffs' Association.

Let me quickly add, the National Sheriffs' Association is a powerful organization, and it is one that isn't pushed around by any politicians.

Sheriff Mahoney wrote--and I want to quote his words after some of the outrageous charges that have been made against Ms. Clarke this afternoon. Sheriff Mahoney wrote: ``Building trust between law enforcement and communities is essential for law enforcement to effectively serve all members of our community. It is with this in mind that I strongly support Kristen Clarke. Ms. Clarke has built trust in every stage of her career.''

Does that sound like someone who wants to defund the police? Do you think that this Sheriff Mahoney from Dane County in Wisconsin would say that about someone who wants to defund police?

He went on to say: ``When she was a federal prosecutor as a young attorney, she gained the trust of federal agents and domestic violence survivors and crime victims. When she was the Chief of the Civil Rights Bureau in the New York State Attorney General's office, she built trust among New Yorkers to protect their rights, and with the Lawyers' Committee, she gained the trust of hate crimes victims and survivors.''

She has so many endorsements from law enforcement groups and from prosecutors. I am not going to read them all into the Record.

Hon. Charles E. Schumer, Majority Leader, U.S. Senate, Washington, DC. Hon. Richard J. Durbin, Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. Hon. Mitchell McConnell, Minority Leader, U.S. Senate, Washington, DC. Hon. Charles E. Grassley, Ranking Member, Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Majority Leader Schumer, Minority Leader McConnell, Chairman Durbin, and Ranking Member Grassley: The National Organization of Black Law Enforcement Executives (NOBLE) formally acknowledges the work and commitment to service that has been exhibited by Ms. Kristen Clarke. She is a long-time partner of NOBLE and the recipient of our 2016 Civil Rights Justice by Action Award.

Ms. Clarke has displayed the qualities of leadership, empathy, excellence, and persistence in supporting and defending the U.S. Constitution while ensuring equal protection and justice for all Americans. This has been exhibited countless times in roles such as President of the Lawyers' Committee for Civil Rights Under Law and Manager of the Civil Rights Bureau of the New York Department of Law.

It is NOBLE's belief that Ms. Clarke will help to ensure the delivery of its mission which is to ensure equity in the administration of justice in the provision of public service to all communities, and to serve as the conscience of law enforcement by being committed to Justice by Action.

In closing, this correspondence acts as a formal endorsement of Ms. Kristen Clarke as the next Head of the U.S. Department of Justice Civil Rights Division. Sincerely, Dwayne A. Crawford, Executive Director. ____ Major Cities Chiefs Association, February 3, 2021. Hon. Lindsey Graham, Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. Hon. Dianne Feinstein, Ranking Member, Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Chairman Graham and Ranking Member Feinstein: The Major Cities Chiefs Association, a professional organization of police executives representing the largest cities in the United States and Canada, is proud to endorse President Biden's nominations of Lisa Monaco to serve as Deputy Attorney General, Vanita Gupta to serve as Associate Attorney General, and Kristen Clarke to serve as Assistant Attorney General for Civil Rights.

The Department of Justice (DOJ) has been tasked with addressing a complex set of issues, including police reform, criminal justice reform, violent crime, and domestic extremism. The team President Biden has nominated is immensely qualified for this responsibility. The nominees have decades of experience serving in senior leadership roles within DOJ, other elements of the justice system, the private sector, civil rights and civil liberties organizations, and other key stakeholder groups. This experience will be invaluable as they work to tackle the many challenges facing DOJ.

In conversations with MCCA leadership, the nominees listened intently to our concerns and expressed a desire to collaborate closely with the MCCA. They indicated that open lines of communication and MCCA input are critical in addressing shared priorities such as advancing constitutional policing, improving officer health and wellness, and combatting the rise in violent crime currently occurring across the country.

President Biden's DOJ nominees also made it clear that they neither support defunding the police nor believe that doing so will bring about the change our communities are calling for. They pledged to work closely with the MCCA to support and amplify the efforts already underway by many local law enforcement agencies to develop and implement policies and practices that are fair, equitable, transparent, and build trust and legitimacy with all members of the community.

The MCCA believes these nominees will be effective leaders and valuable partners for local law enforcement agencies. On behalf of the MCCA membership, I respectfully request the Committee act swiftly and support the nominations of Ms. Monaco, Ms. Gupta, and Ms. Clarke. Sincerely, Art Acevedo, Chief, Houston Police Department, President, Major Cities Chiefs Association. ____ Hispanic American Police Command Officers Association, February 6, 2021. Hon. Charles E. Schumer, Majority Leader, U.S. Senate, Washington, DC. Hon. Richard J. Durbin, Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. Hon. Mitch McConnell Minority Leader, U.S. Senate, Washington, DC. Hon. Charles E. Grassley, Ranking Member, Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Majority Leader Schumer, Minority Leader McConnell, Chairman Durbin, and Ranking Member Grassley: The Hispanic American Police Command Officers Association (HAPCOA) wishes to support and recommend the nomination of Ms. Kristin Clarke to the position of Head of the US Department of Justice Civil Rights Division.

HAPCOA is the oldest and largest association of Hispanic American command officers from law enforcement and criminal justice agencies at the municipal, county, state, school, university and federal levels.

HAPCOA's mission is to ``empower the future of law enforcement'' by assisting law enforcement, criminal justice and community organizations nationwide in their efforts to recruit, train, mentor and promote qualified Hispanic American men and women committed to a career in the criminal justice arena and to the communities in which they serve and protect.

HAPCOA acknowledges the work ethic and commitment of Ms. Clarke and believe that she will be an effective leader as the next Head of the DOJ Civil Rights Division. Sincerely, Anthony Chapa, Executive Director ____ Dane County Sheriff's Office, April 29, 2021. Hon. Charles E. Schumer, Majority Leader, U.S. Senate, Washington, DC. Hon. Mitch McConnell, Minority Leader, U.S. Senate, Washington, DC. Hon. Richard J. Durbin, Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. Hon. Charles E. Grassley, Ranking Member, Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Majority Leader Schumer, Minority Leader McConnell, Chairman Durbin and Ranking Member Grassley: I write to express my strong support for Kristen Clarke, the President's nominee to serve as Assistant Attorney General of the Civil Rights Division.

I serve as the Sheriff in Dane County, Wisconsin. I was first elected to this position in 2006 and have served four terms in office, and have over 40 years of service in law enforcement. Our office serves the city of Madison, the capital of Wisconsin, and its surrounding cities and towns. I also serve as President of the National Sheriffs' Association, an organization I hold in very high regard.

Building trust between law enforcement and communities is essential for law enforcement to effectively serve all members of our community. This overarching value is a bedrock principle that has guided my stewardship of the Sheriff's office, and is shared by law enforcement leaders all across the country. This bedrock value is also important to federal law enforcement leaders, who partner with state and local law enforcement to promote public safety and build public trust.

It is with this in mind that I strongly support Kristen Clarke, the President's Civil Rights Division nominee. Ms. Clarke has built trust at every stage of her career. When she was a federal prosecutor as a young attorney, she gained the trust of federal agents and domestic violence survivors and crime victims. When she was the Chief of the Civil Rights Bureau in the New York State Attorney General's office, she built trust among New Yorkers to protect their rights to practice their faiths, to allow for language access, and to protect against discrimination at work. When Ms. Clarke left government service to lead the non-profit Lawyers' Committee of Civil Rights Under Law, Ms. Clarke gained the trust of hate crimes victims and survivors, to ensure that they could obtain justice against their perpetrators.

As a tireless advocate for those who have been targeted by inequality, hate, and discrimination, Ms. Clarke is exactly the type of person who should be charged with guarding and enforcing this country's core federal civil rights laws. She is an exemplary lawyer and leader who possesses the character, qualifications, and commitment to lead the Civil Rights Division.

I urge you and your colleagues to support Ms. Clarke's nomination.

Thank you for your consideration. Sincerely, David J. Mahoney, Sheriff, Dane County, Wisconsin.

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Mr. DURBIN. The point I am trying to make is this: At this moment in history, filling this Division, the Civil Rights Division, on the anniversary of George Floyd's murder on the streets of Minneapolis, we are choosing the first woman of color in the history of the United States to head this Division. It is a historic choice. It shouldn't be trivialized by those who want to paint a caricature of this woman not even close to the truth. It shouldn't be trivialized by ignoring the many endorsements she rightfully received because of her good life's work, having spent her entire career defending the civil rights of all Americans.

Ms. Clarke is the right person for the job. President Joseph Biden believes that. The Attorney General believes it, and I believe it as well. At a time when we have seen an appalling rise in hate crimes, we need someone with her experience to head this Division.

I urge my colleagues to take note of the continued need for the Civil Rights Division to do its important work 150 years after its creation. Given that need and Ms. Clarke's breadth and depth of experience, I urge all of my colleagues to vote in favor of her nomination.

Vote on Clarke Nomination

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