Court Security Improvement Act Of 2007--Motion To Proceed--Resumed

Floor Speech

COURT SECURITY IMPROVEMENT ACT OF 2007--MOTION TO PROCEED--Resumed -- (Senate - April 18, 2007)

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Mr. WHITEHOUSE. Mr. President, the motion to proceed has just passed, 93 to 3. We will bring before the Senate in fairly short order the Court Security Improvement Act of 2007. I rise today to speak in support of that act. It is a bill that is as simple as it is important.

At a time when judges are the subject of sometimes vitriolic criticism, when judges and their families have been made the targets of acts of violence and murder, when the independence of the judiciary must be maintained in a climate of violence, we should take these important steps to improve the safety of our judges and their families. This bill will do that by requiring the U.S. Marshals Service--which has oversight over the safety of the judicial branch--to consult with the Judicial Conference to determine security requirements of the judicial branch, and it authorizes $20 million for the Marshals Service to protect the judiciary further.

The bill also amends the Criminal Code to enhance penalties for the possession of dangerous weapons within Federal court facilities. This bill also extends and expands to family members the authority of the Judicial Conference to redact certain information from a judge's mandatory financial disclosure for security purposes.

The bill directs the Attorney General to report to Congress on the security of assistant U.S. attorneys arising from the prosecution of terrorists and violent gangs. I will speak in a moment to an incident that happened in my State.

The bill will increase criminal penalties for tampering with or retaliating against a witness, victim or informant, and it will authorize grant programs to expand witness and victim protection programs.

In my own experience as U.S. attorney in Rhode Island, I have been the subject of threats. Indeed, one man went to prison for threatening me. Prosecutors whom I sent to court we had fitted with body armor because of the security to their personal safety. We had prosecutors have extensive security systems installed in their homes to protect their security. That is one experience from one U.S. attorney in one 4-year term. Across this country, the need is very great.

In February, the Judiciary Committee held an important hearing where Supreme Court Justice Anthony Kennedy spoke to us about the need to preserve an independent judicial branch and to pass this bill. U.S. District Court Judge Brock Hornby also had important testimony regarding the need to pass this legislation. He said: ``This bill will contribute significantly to the security of Federal judges and their families.''

In short, it is long past time that this bill be enacted. Indeed, the core provisions of this bill have already passed the Senate twice last year, the second time by unanimous consent. So it is a little surprising that it is not being approved by unanimous consent at this time. But apparently some of our colleagues on the other side of the aisle have lodged an objection. Nevertheless, I am happy to spend whatever time is necessary to ensure passage of this important legislation.

The Framers of our Constitution understood the importance of an independent judiciary. As Alexander Hamilton noted in Federalist 78: ``The independence of judges is equally requisite to guard the Constitution and the rights of individuals ..... ''

While in this Chamber we may disagree on judicial nominations and we may argue over judicial philosophies, we should all, every one of us, agree to do everything we can to make sure the men and women who work in the judicial branch, who serve their communities in those important positions--and their families--are safe, as they make the important decisions lodged in their care.

I am pleased this bill has broad bipartisan support. I am pleased with the powerful results of the motion to proceed. I wish to commend particularly the efforts of Chairman Leahy of the Judiciary Committee and our ranking member on the Judiciary Committee, Senator Specter, for their hard work on this issue. I look forward to supporting passage of this important legislation.

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