Subject: RE: Video Request: Jeff Sessions Floor Speech on Nomination of Paula Xinis to be district judge for District of Maryland
From: "Kasnetz, Joel" <[email-masked]>
To: Research_D <[email-masked]>
Date: Mon, 16 May 2016 16:44:02 -0700

WITHOUT OBJECTION. MR. SESSIONS: I APPRECIATE SENATOR DURBIN'S COMMENTS. I THINK THERE'S CLEAR BIPARTISAN SUPPORT FOR DEALING WITH THE ZIKA VIRUS AND SOMETHING WILL BE DONE ON THAT, BUT MAKE NO MISTAKE, ON THIS AGREEMENT AND OUR COLLEAGUES ON THE DEMOCRATIC SIELD AS THEY ALWAYS -- SIDE AS THEY ALWAYS DO JUST WANT TO ADD WHATEVER NEW EXPENSE COMES UP DURING THE YEAR TO THE DEBT, ADD IT TO THE DEFICIT OF THE UNITED STATES OF AMERICA. AND SO THERE ARE MANY WAYS THAT WE CAN SAVE MONEY TO PAY FOR NEW EXPENDITURES. THAT'S WHAT SENATOR CORNYN IS TALKING ABOUT, TRYING TO HAVE IT PAID FOR SO WE DON'T ADD MORE DEBT. YOU SAY, WELL, HOW CAN THAT BE? WELL, WE'RE ALREADY IN DEBT. WE HAVE THIS YEAR APPROXIMATELY $540 BILLION WE BORROWED TO FUND THE GOVERNMENT. WE SPEND 4,000 BILLION, WE BORROW 540 BILLION OF THAT. THAT'S VERY LARGE NUMBER. IT'S UNSUSTAINABLE. IT'S GETTING WORSE, AND WE'VE GOT TO START PAYING FOR THINGS THAT WE WANT TO DO AROUND HERE AND MAKE SOME CHOICES AND SET SOME PRIORITIES. AND THAT'S THE ENTIRE DISPUTE ABOUT THIS MATTER IF YOU WANT TO KNOW THE TRUTH ABOUT IT. THERE'S NO WAY WE CAN'T FIND THE MONEY TO FUND THIS ZIKA CHALLENGE, SUFFICIENT FUNDS TO DO THAT WITHIN THE SPENDING WE ALREADY HAVE AND REDUCE IT. MR. PRESIDENT, I'D LIKE TO SPEAK IN OPPOSITION TO THE NOMINATION OF PAULA XINIS TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. BY ALL ACCOUNTS SHE'S A NICE PERSON, HAS A NUMBER OF ADMIRERS. I DON'T QUESTION HER INTEGRITY AND HAD AN EXCHANGE WITH HER AT THE JUDICIARY COMMITTEE WHEN SHE SCA BEFORE -- WHEN SHE CAME BEFORE THE COMMITTEE. BUT I THINK THAT THIS NOMINEE HAS PERHAPS THE MOST HOSTILE RECORD TOWARD POLICE OF ANY I'VE SEEN IN A LONG TIME. JUST A BACKGROUND THAT'S TROUBLING TO ME AND I BELIEVE JUSTIFIES US NOT DECIDING TO GIVE HER A LIFETIME APPOINTMENT WHERE SHE'S UNACCOUNTABLE TO ANYONE AS SHE CONDUCTS HER DAILY DUTIES INVOLVING ON A VERY FREQUENT BASIS THE APPEARANCE OF POLICE BEFORE HER IN CRIMINAL CASES OF ALL KINDS AND EVEN CASES AGAINST POLICE OFFICERS FOR MISCONDUCT THAT MAY COME BEFORE HER, HER CAREER. AND I PROSECUTED 15 YEARS ALMOST IN FEDERAL COURT BEFORE FEDERAL JUDGES. I WAS BLESSED TO APPEAR BEFORE FEDERAL JUDGES OF HIGH QUALITY WHO GAVE THE PROSECUTOR A FAIR TRIAL AND GAVE THE DEFENDANT A FAIR TRIAL. THAT'S WHAT WE'RE LOOKING FOR HERE. BUT I'M AWARE OF A LOT OF FEDERAL JUDGES WHO HAD A CLEAR BIAS AGAINST LAW ENFORCEMENT, AND IT MADE THE COMMUNITIES LESS SAFE, MADE PROSECUTING A NIGHTMARE, AND I DON'T BELIEVE IS GOOD FOR THE LEGAL SYSTEM. THERE'S NOTHING YOU CAN DO ABOUT IT. A JUDGE CAN DECLARE THAT THE EVIDENCE IS INSUFFICIENT TO CONVICT ON HIS OR HER OWN MOTION. NOBODY CAN APPEAL. THAT'S THE FINAL WORD, EVEN THOUGH A JURY, HAD THEY BEEN ABLE TO HEAR THE CASE, MIGHT HAVE FOUND OTHERWISE. YESTERDAY WAS PEACE OFFICERS MEMORIAL DAY AND THIS WEEK POLICE WEEK. WE TAKE SPECIAL OCCASION EACH YEAR TO REMEMBER THE SERVICE AND SACRIFICE OF LAW ENFORCEMENT OFFICERS AND THEIR INDISSENSIBLE ROLE IN ENSURING LAW AND ORDER IN OUR CITIES AND TOWNS THROUGHOUT THE COUNTRY. TOO OFTEN TODAY WHETHER SOMETHING GOES WRONG ON THE STREETS, THE MEDIA ARE QUICK TO POINT THEIR FINGERS AT THE POLICE. BUT THAT IS WHY WE HAVE AN IMPARTIAL JUSTICE SYSTEM SO THAT THE FACTS CAN COME OUT IN OPEN COURT. IN MY EXPERIENCE WHEN THOSE FACTS DO COME OUT, AND I'VE HAD THE DUTY OF PROSECUTING POLICE OFFICERS MANY MORE TIMES THAN NOT, WE LEARN THAT THE POLICE DID EVERYTHING THEY COULD ACCORDING TO THE PROCEDURES AND THAT INSTANT COMPLAINTS WE HEARD ABOUT IN THE MEDIA AND THROUGH OTHERS ARE NOT ACCURATE RCHLT THAT'S -- ACCURATE. THAT'S JUST WHAT THE FACTS SHOW US TIME AND TIME AGAIN. SO IT'S CRITICAL THAT WE HAVE JUDGES THAT RESPECT THE RIGHTS OF THE ACCUSED BUT ALSO THE ROLE OF LAW ENFORCEMENT AND THE DANGERS THEY FACE ON A DAILY BASIS. NOW WE HAVE BEFORE US A NOMINEE FOR THE FEDERAL COURT IN MARYLAND, AND EVERY POLICE OFFICER IN THE COUNTRY NEEDS TO KNOW WHERE SHE STANDS AND HOW SHE APPROACHES THE DUTIES AND RESPONSIBILITIES AND THE REQUIREMENTS OF THE POLICE AND HOW SHE APPROACHES LAW ENFORCEMENT. WILL SHE GIVE THEM A FAIR HEARING, TOO? AREN'T THEY ENTITLED TO THAT? WELL, MISS PAULA XINIS WORKED AS A FEDERAL PUBLIC DEFENDER FOR THE DISTRICT OF MARYLAND FOR 13 YEARS. THAT IS, SHE WAS ON A PAID STAFF THAT DEFENDEDDED CRIMINALS THAT WERE BEING PROSECUTED IN FEDERAL COURT. THOSE ACCUSED FOR A WHOLE LOT OF CRIMES. NOTHING WRONG WITH THAT. IT'S PERFECTLY AN HONORABLE PROFESSION, AND I CERTAINLY WANT TO EMPHASIZE THAT. AND FOR SIX OF THOSE 13 YEARS SHE SIMULTANEOUSLY SERVED AS A COMPLAINT EXAMINER IN THE OFFICE OF THE POLICE COMPLAINTS FOR THE DISTRICT OF COLUMBIA IN NEARBY D.C. AND IN THE COURSE OF THAT, SHE HEARD COMPLAINTS AGAINST POLICE OFFICERS FOR CONDUCT AS PART OF THEIR DUTIES. AND SHE HEARD SIX COMPLAINTS AND IN EVERY ONE OF THOSE CASES, EVERY SINGLE ONE, SHE FOUND AGAINST THE POLICE OFFICER. IT TROUBLED ME. AND I ASKED HER SOME QUESTIONS ABOUT IT. IN ONE OF THE CASES, AN OFFICER ARRESTED A MAN HE WAS OUTSIDE A GROCERY STORE WHILE TALKING ON HIS CELL PHONE AND HE WAS ASKED TO MOVE ALONE AND HE REFUSED TO DO SO. AND THEN THE MAN BECAME BELLIGERENT, REPEATEDLY CURSED AND SWORE AT THE POLICE OFFICER. THE OFFICER EVENTUALLY ARRESTED THE MAN SENATOR DISORDERLY CONDUCT. MS. DESIGN ON THE PANEL, CONCLUDED THAT THE POLICE HAD HARASSED THE MAN, HAD HARASSED HIM AND FOUND THE POLICE OFFICER GUILTY OF MISCONDUCT. WHEN I ASKED HER ABOUT THIS DECISION AT HER HEARING -- CONFIRMATION HEARING IN THE JUDICIARY COMMITTEE, SHE SAID SHE DIDN'T EVEN KNOW WHAT CONSEQUENCES THIS FINDING MIGHT HAVE TO THE CAREER OF THE POLICE OFFICER AS A RESULT OF HAVING THIS ON THE RECORD. IN 2011, MS. XINIS BEGAN WORK WITH HER CURRENT 11-ATTORNEY LAW FIRM IN BALTIMORE, WHERE SHE FOCUSES HER PRACTICE EMPHASIS ON LAWSUITS AGAINST THE POLICE. ACCORDING TO HER FIRM'S WEB SITE, SHE AND TWO OF HER COLLEAGUES RECENTLY SETTLED A $5 MILLION POLICE BRUTALITY LAWSUIT. NOTABLY, HER FIRM ALSO REPRESENTED THE FAMILY OF FREDDIE GRAY JR., THE 25-YEAR-OLD MAN WHO WAS ARRESTED ON APRIL 12, 2015, FOR POSSESSING AN ILLEGAL SWITCHBLADE AND WHO SUBSEQUENTLY DIED, TRAG LICK EYE, IN -- FRAGICALLY, IN POLICE -- TRAGICALLY, IN POLICE CUSTODY, CAUSING RYE ROTS IN BALTIMORE, IF YOU RECALL. THE SUIT AGAINST THE CITY AND THE POLICE DEPARTMENT IN WHICH HER FIRM REPRESENTED THE PLAINTIFF SETTLED FOR $6.4 MILLION. WELL, THIS MAY HAVE BEEN A TOTALLY JUSTIFIED SETTLEMENT. I CERTAINLY BELIEVE THAT ANY DEATH IN CUSTODY OF A POLICE OFFICER BY ANY ACCUSED IS ENTITLED TO AND REQUIRES A THOROUGH INVESTIGATION, BUT IN A BIG CITY LIKE BALTIMORE, WHEN THERE IS CIVIL AND UNREST AND HUGE PUBLIC ATTEN, CITIES -- ATTENTION, CITIES ARE UNDER POLITICAL IF NOT LEGAL PRESSURE TO REACH SOME SORT OF FINANCIAL SETTLEMENT. SO THIS WAS A TRAGIC CASE. THE DETAILS WERE DISPUTED, BUT IT APPEARS SOME OF THE FACTS WERE NOT CLEAR CERTAINLY. MS. XINIS -- AND THE POINT IS, SHE HAS BUILT A CAREER IN DEALING WITH LAWSUITS AGAINST POLICE AND POLICE DEPARTMENTS AND DEALING WITH COMPLAINTS AGAINST THE POLICE. AND EVERY COMPLAINT CASE SHE HEARD, SHE RULED AGAINST THE POLICE, WHICH, FRANKLY, MAKES ME UNEASY, AS IT DOES MANY LAW ENFORCEMENT OFFICERS. WHEN A COMPLAINT SITS AS A -- THE EXAMINER OR JUDGE IN THAT CASE SHOULD KNOW AND UNDERSTAND THE REALITY OF POLICE WORK. AND WHAT OUR PEOPLE HAVE TO DO EVERY DAY TO DEFEND US FROM CRIME. SO I ASKED HER ABOUT HER FINDINGS THAT THE ARREST OF A LOUD CURSING LOITERER OUTSIDE A STORE WAS HARASSMENT. IN OTHER WORDS, THE LOITERER, THE CURSING LOITERER, HE WAS OKAY, BUT THE POLICE OFFICER WAS WRONG. SO I WOULD THINK THAT SOMEONE WHO SPENT THEIR ENTIRE PROFESSIONAL CAREER IN THIS ARENA WOULD BE FAMILIAR WITH SOME OF THE CONCEPTS AND PROCEDURES IN POLICING IN CITIES AND AROUND THE COUNTRY TODAY. FOR EXAMPLE, BROKEN WINDOWS POLICING IS WELL-KNOWN. I THINK MOST PEOPLE KNOW WHAT BROKEN WINDOWS POLICING IS. IT'S A SHORT, FIRM WAY TO DESCRIBE A POLICY THAT ORIGINALLY GREW AND CAME -- BECAME PREDOMINANT IN NEW YORK CITY UNDER MAYOR RUDELY GIULIANI, AND MANY BELIEVE IT SAVED NEW YORK CITY. CRIME WAS SURGING. DISORDER WAS ABOUT. THE CITY'S FINANCIAL STATUS WAS AT RISK. AND THEY STARTED A SYSTEMATIC, SMART METHOD OF POLICING, AND THE MURDER RATE IS LESS THAFN WHAT IT WAS -- IS LESS THAN HALF WHAT IT WAS IN NEW YORK CITY. THE ENTIRE CITY HAS BEEN TRANSFORMED. HERE SHE IS JUDGING POLICE OFFICERS ABOUT THEIR -- HOW TO HANDLE CONFRONTATIONS ON THE STREET AND HOW TO MAKE COMMUNITIES SAFER. SHOULDN'T SHE NOI ABOUT THESE -- SHOULD SHE KNOW ABOUT THESE THINGS? WELL, BROKEN WINDOWS POLICING SUGGESTS THAT WHEN LAW ENFORCEMENT CONSISTENTLY ENFORCES THE LAW IN CASES INVOLVING MINOR CRIMES -- NOT JUST BIG CRIMES BUT EVEN MINOR CRIMES, THAT CONSISTENCY HELPS TO PREVENT MAJOR CRIMES. AND IT'S PROVEN TO WORK. IT IS A MAJOR TREND. VIRTUALLY EVERY CITY IN AMERICA DOES IT. AND, YES, YOU HAVE PEOPLE WHO ARE OUT ON THE STREETS CAUSING TROUBLE OR RISK, AND THEY GET THEIR BACK UP. -- AND COMPLAIN WHEN ANYBODY SAYS ANYTHING TO THEM. BEING? OKAY SNO AND POLICE OFFICERS HAVE TO USE JUDGMENT. BUT THIS POLICE OFFICER DOES WHAT YOU WOULD NORM A EXPECT HMMM -- WHAT YOU WOULD NORMALLY EXPECT HIM TO DO. HER STATEMENT THAT SHE DID NOT KNOW WHAT BROKEN WINDOWS WAS AND WAS NOT FAMILIAR WITH IT, I THINK, EVIDENCE A REAL LACK OF UNDERSTANDING. WELL, THERE'S CONCERN ABOUT THIS APPOINTMENT BY PEOPLE WHO HAVE TO DEAL WITH THIS EVERY DAY. HERE'S A LETTER FROM THE FRATERNAL ORDER OF POLICE, THE BALTIMORE CITY LODGE, SIGNED BY LIEUTENANT GENE RINE, PRESIDENT, BALTIMORE CITY ORDER OF POLICE. "ON BEHALF OF ALMOST 5,000 MEMBERS OF THE BALTIMORE CITY FRATERNAL ORDER OF POLICE, LODGE NUMBER 3, I WRITE IN LETTER IN EXTREME OPPOSITION TO THE APPOINTMENT OF PAULA XINIS AS UNITED STATES DISTRICT JUDGE IN THE FEDERAL DISTRICT COURT SYSTEM. WHILE ON PAPER MS. XINIS APPEARS TO BE HIGHLY QUALIFIED CRIMINAL ATTORNEY, OUR MEMBERSHIP IS URGENTLY CONCERNED ABOUT HER OBVIOUS DISDAIN FOR THE LAW ENFORCEMENT PROFESSIONAL, AS EXPRESSED TIME AND AGAIN THROUGH THE VARIOUS COURT APPEARANCES IN WHICH SHE HAS REPRESENTED CITIZENS CLAIMING HARM CAUSED BY POLICE PERSONNEL. IN FACT, HER CURRENT PARTNERSHIP IN THE BALTIMORE FIRM OF MURPHY, FALCON, AND MURPHY ITSELF IS A CONCERN, AS THIS IS A FIRM WELL-KNOWN IN OUR AREA FOR HOSTILITY TOWARD OUR PROFESSION AND OUR MEMBERS AND, AS A RESULT, WE QUESTION THE ABILITY OF MS. XINIS TO REMAIN IMPARTIAL IN ANY FEDERAL CASES INVOLVING LAW ENFORCEMENT." "SENATORS, WE RESPECTFULLY REQUEST THAT YOU GIVE CONSIDERATION TO OUR REQUEST TO DENY THE APPOINTMENT OF PAULA XINIS TO THE FEDERAL BENCH AT THIS TIME." ALSO, A LETTER FROM THE MARYLAND STATE LODGE OF THE FRATERNAL ORDER OF POLICE, PRESIDENT ISMAEL CANALS. HE WRITES THAT QUKS AS PRESIDENT OF THE MARYLAND FRO TERNAL ORDER OF POLICE AND ON BEHALF OF 20,000 ACTIVE AND RETURN LAW ENFORCEMENT OFFICERS THROUGHOUT THE STATE OF MARYLAND, I RESPECTFULLY REQUEST THAT MEMBERS OF THE UNITED STATES SENATE VOTE UNFAVOR THE APPOINTMENT OF PAULA XINIS AS A JUDGE IN THE UNITED STATES COURT OF MARYLAND. I BELIEVE SHE -- AT THIS TIME, I BELIEVE SHE FAILS TO HAVE THE REQUISITE TEMPERAMENT AND ABILITY TO BE FAIR AND IMPARTIAL ON MATTERS THAT DIRECTLY AFFECT LAW ENFORCEMENT. QUKS "ANDCLOSE QUOTE. SO I WOULD ASK THAT THESE TWO LETTERS BE MADE PART OF THE RECORD.

MR. SESSIONS: WELL, FEDERAL JUDGES DECIDE CASES THAT HAVE AN IMPACT ON OUR JUSTICE SYSTEM. SOMETIMES GOOD, SOMETIMES BAD. LET ME JUST POINT OUT THIS CASE. IT GIST JUST GIVES AN INSIGHT INTO THE KIND OF THINGS I SAW EVERY DAY AS A PROSECUTOR AND IT'S HAPPENING EVERY DAY RIGHT NOW IN COURTS A YOU WILL OVER -- ALL OVER AMERICA. HERE WAS CASE BEFORE THE UNITED STATES DISTRICT JUDGE ROYCE C. LAMBERT. HE DENIED A REQUEST BY THE PROSECUTOR FOR EARLY RELEASE OF TWO TOP ASSOCIATES OF RAYFUL EDMOND III, THE NOTORIOUS DRUG KINGPIN IN WASHINGTON, D.C. I THINK THEY MADE A MOVIE ABOUT HIM OR A FILM ABOUT HIM. ONE OF THE MOST NOTORIOUS GANG LEADERS AROUND. "THE WASHINGTON POST" DESCRIBED JUDGE LAMBERT'S ASTONISHMENT WHEN THE UNITED STATES ATTORNEY DID NOT OBJECT TO THE DRUG FELON'S REQUEST FOR EARLY RELEASE. QUOTE -- "THE JUDGE REBUKED THE OFFICE OF ACTING UNITED STATES ATTORNEY VINCENT COLIN JR. OF THE DISTRICT SAYING PROSECUTORS DO NOT GIVE DUE WREAT TO THE LOS ANGELES-BASED COCAINE BROKER AND PARTNER OF D.C. DRUG LORD RAYFUL EDMOND III AND JONES 58, ONE OF THE TOP -- THE FOUR TOP ARMED ENFORCERS OF EDMOND'S VIOLENT TRAFFICKING NETWORK." THE GROUP IMPORTED AS MUCH AS 1,700 POUNDS OF COLOMBIAN COCAINE A MONTH. THAT'S ALMOST A TON A MONTH. THAT'S THE LARGEST AMOUNT I'VE EVER SEEN. ABOUT THE BIGGEST CASE I'D EVER SEEN WAS 600 POUNDS FLOWN ON ABOUT 20 PLANELOADS EVERY SEVERAL MONTHS. THIS IS 1,700 POUNDS A MONTH. EDMOND'S ORGANIZATION ENABLED DRUG ADDICTION ON A SCALE THAT UNTIL THEN -- QUOTE -- "WAS UNPRECEDENTED AND LARGELY UNIMAGINABLE IN WASHINGTON," LAMB BERTH WROTE. THE HARM THE DEFENDANT'S CAUSED IS IMMEASURABLE AND IN MANY CASES IRREVERSIBLE." -- THE JUDGE SAID. TO PUT IT BLUNTLY, THE COURT IS SURPRISED AND DISAPPOINTED BY THE UNITED STATES ATTORNEY'S DECISION NOT TO IMPOSE THE -- NOT TO OPPOSE THE PRESENT MOTIONS, LAMBERTH SAID. "THE COURT STRUGGLES TO UNDERSTAND HOW THE GOVERNMENT COULD CONDONE THE RELEASE OF BUTLER AND JONES, EACH CONVICTED OF HIGH-LEVEL, SOPHISTICATED, AND VIOLENT DRUG TRAFFICKING OFFENSES." CLOSE QUOTE. SO THAT'S A FEDERAL JUDGE DOING THEIR DUTY. I'M NOT SURE WHERE MS. XINIS WOULD BE ON THIS. CONTRAST THAT WITH MANY COURTS ACROSS THE COUNTRY THAT ARE CURRENTLY RUBBER-STAMPING MOTIONS FOR EARLY RELEASE FOR FEDERAL DRUG TRAFFICKING FELONS UNDER THE SENTENCING COMMISSION'S REDUCTIONS TO THE SENTENCING GUIDELINES THAT HAVE ALREADY OCCURRED AND THAT ARE IMPACTING THE PRISON POPULATION SIGNIFICANTLY, AS WE WILL SEE. ACCORDING TO AN OCTOBER 2015 ARTICLE IN "THE LOS ANGELES TIMES," ENTITLED "THE FACE OF

THE FEDERAL PRISON RELEASE: A HEAVY DOSE OF METH, CRACK, AND COCAINE" --. THIS IS WHAT THE ARTICLE SAYS. "A FEDERAL ANALYSIS OF THE EXPECTED IMPACT OF THE FIRST WAVE OF THOSE APPROVED FOR EARLY RELEASE SHOWS 663 PRISONERS FROM CALIFORNIA HAD FILED FOR SHORTER SENTENCES AS OF LATE-JULY. FEDERAL JUDGES DENIED 92 OF THEM." LOOKS LIKE SIX OUT OF SEVEN WERE GRANTED. ACCORDING TO AN OCTOBER 2015 ARTICLE REGARDING OFFENDERS RELEASED FROM THE PITTSBURGH AREA, THE UNITED STATES ATTORNEYS OFFICE THERE -- QUOTE -- "ERRED ON THE SIDE OF GRANTING THE MOTIONS." SO THE U.S. ATTORNEY'S OFFICE IS NOT DEFENDING THE LEGITIMATE, ORIGINAL SENTENCE THAT WAS IMPOSED. THEY WALKED IN AND JUST DON'T -- IF THERE'S ANY DOUBT ABOUT IT THEY JUST GO ALONG WITH THE PRISONER'S REQUEST. ACCORDING TO A NOVEMBER 2015 ARTICLE ENTITLED "UPSTATE NEW YORK GANG MEMBERS ON SECRET LIST OF 6,000 FREED EARLY FROM PRISON" --. SO IT'S HAPPENING IN NEW YORK, TOO. "IN THE NORTHERN DISTRICT OF NEW YORK, THE COURT PROSECUTORS AND DEFENSE ATTORNEYS AGREED ON THE ELIGIBILITY OF ALMOST ALL OF THE INMATES AND DISAGREED ON ONLY FIVE CASES THAT BECAME SUBJECT TO LITIGATION OF THOSE FIVE CASES, A JUDGE ORDERED EARLY RELEASE FOR THREE AND REJECTED ONE." A FIFTH CASE IS PENDING -- SO OUGHT OF ALL THE CASES, ONLY ONE WAS REJECTED. SO JUDGES HAVE A DUTY TO MAKE SURE THAT THEY -- THEY DON'T HAVE TO TAKE EVERYTHING THE PROSECUTOR SAYS. NORMALLY A PROSECUTOR ASKS FOR SOMETIMES A HIGHER SENTENCE THAN THE JUDGE WANTS TO GIVE. BUT A JUDGE IS EQUALLY REQUIRED TO REJECT A PROSECUTOR'S FAILURE TO OPPOSE UNJUSTIFIED REDUCTIONS. BUT THIS IS, FRANKLY, MR. PRESIDENT -- FRANKLY, THIS IS PRESIDENT OBAMA'S POLICY. AND THE ATTORNEY GENERAL WHO HE'S APPOINTED, LORETTA LYNCH'S POLICY. AND ERIC HOLDER BEFORE HER, TO BASICALLY CUT PEOPLE'S SENTENCES THAT HAVE BEEN LAWFULLY IMPOSED THROUGHOUT THIS COUNTRY, AND IT'S IMPACTING PUBLIC SAFETY, IN MY OPINION, AND WILL CONTINUE TO DO SO IN THE FUTURE. JUDGES MUST PROTECT THE RIGHTS OF THE ACCUSED ABSOLUTELY AND GIVE THEM A FAIR HEARING AS THEY ARE REQUIRED. BUT THEY MUST GIVE THE RIGHTS OF THE PEOPLE A FAIR TRIAL ALSO. AND THE POLICE AND THE PROSECUTORS A FAIR TRIAL. THESE KINDS OF CASES CAUSE CONCERN ABOUT WHO'S PROTECTING THE PUBLIC. WOULD JUDGE XINIS BE MORE LIKELY TO FOLLOW THE PATTERN OF JOYCE ROY LAMBRETH AND SAY NO OR GO ALONG WITH THESE OTHER CASES? OVER THE PAST YEAR OUR LAW ENFORCEMENT OFFICERS ACROSS THE COUNTRY HAVE BEEN SHOT AT, ASSAULTED AND MURDERED TOO OFTEN SIMPLY BECAUSE THEY WEAR A BADGE. IN THE LAST YEAR WE'VE LOST 123 POLICE OFFICERS, 35 IN THE FIRST FOUR MONTHS OF 2016. VIOLENT CRIMES AND MURDERS HAVE INCREASED ACROSS THE COUNTRY AT ALARMING RATES. LET ME JUST SHARE WITH MY COLLEAGUES SOME OF THE THINGS WE'RE SEEING IN THE TRENDS IN VIOLENT CRIMES. RECENTLY THE MAJOR CITIES CHIEFS OF POLICE ASSOCIATION, A LONG-ESTABLISHED GROUP CALLED AN EMERGENCY MEETING TO DEAL WITH THE NUMBERS I'M GOING TO SHARE WITH YOU TODAY. THE NUMBERS I WILL QUOTE REPRESENT THE PERCENTAGE OF INCREASE IN TOTAL MURDERS IN THE FIRST QUARTER OF THIS YEAR -- 2016 -- OVER THE FIRST QUARTER OF 2015. LAS VEGAS, 82% INCREASE. DALLAS, TEXAS, 73% INCREASE. CHICAGO, 70%. JACKSONVILLE, FLORIDA, 67%. NEWARK, NEW JERSEY, 60% INCREASE. MIAMI DADE, 38%. LOS ANGELES, 33%. ATLANTA, 20%. BALTIMORE, 10%. THESE ARE SUBSTANTIAL INCREASES IN CRIME. NOW THE F.B.I. DIRECTOR, MR. COMEY, LONG-TERM, EXPERIENCED LAW OFFICER, SERVED AT THE TOP OF THE DEPARTMENT OF JUSTICE AS A PROSECUTOR, HE RECENTLY SAID HE BELIEVES THE PUSH-BACK ON POLICE OFFICERS, THIS TREND OF ATTACKING AND BLAMING POLICE OFFICERS, HAS CAUSED SOME DRAW-BACK AND RELUCTANCE OF POLICE OFFICERS TO TAKE ON SITUATIONS LIKE THE GUY AT THE STORE STANDING OUT FRONT THAT WAS CURSING THE POLICE OFFICER. PROPERLY HANDLED, THOSE KIND OF THINGS REDUCE CRIME. THEY HELP VIOLENCE NOT TO START. AND ONCE THEY GET STARTED, BAD THINGS CAN HAPPEN, OFTEN SOMEBODY GETS KILLED. IT'S NOT LIKE ON TELEVISION WHERE SOMEBODY PUNCHES SOMEBODY AND THEY GET UP AND WALK AWAY AND LAUGH ABOUT IT. A GOOD PUNCH BREAKS TEETH, JAWS AND CAN KILL. SO I WILL JUST SAY THIS KIND OF INCREASE IN MURDER RATES IS REALLY SIGNIFICANT, AND WE'VE GOT TO BE AWARE OF IT. LIVES ARE AT STAKE. MANY INNOCENT PEOPLE. IF WE GET OFF THE RIGHT PATH, WE'LL LOSE THEIR LIVES AS A RESULT OF CRIMINAL CONDUCT, AND YOU THINK ABOUT SOME LIKE KATE STEINLE IN CALIFORNIA WITH HER FATHER MURDERED BY A MULTIDEPORTED ILLEGAL IMMIGRANT. SO JUDGES HAVE TO, JUDGES HAVE TO KNOW THIS ISN'T A GAME. WE DON'T WANT TO PUT ANYBODY IN JAIL. BUT IF YOU DON'T MAINTAIN ORDER IN CITIES, CHAOS CAN RESULT, INNOCENT PEOPLE WILL DIE, PROSPERITY WILL BE REDUCED. ACCORDING TO THE F.B.I. STATISTICS RELEASED JUST THIS YEAR, THE NUMBER OF VIOLENT CRIMES COMMITTED ACROSS THE COUNTRY WAS UP IN THE FIRST HALF OF 2015 COMPARED WITH THE SAME PERIOD OF 2014. THE NUMBER OF MURDERS, RAPES AND ASSAULTS AND ROBBERIES WERE UP ALL OVER THE FIRST SIX MONTHS OF 2015. THERE WAS A 6.2% INCREASE IN MURDERS, VIOLENT CRIME ACROSS AMERICA ROSE 5.3% IN LARGE CITIES. AND OVERALL, VIOLENT CRIME INCREASED 1.7%, AN INCREASE THAT FOLLOWED TWO CONSECUTIVE YEARS OF DECLINE. WHAT I'M SEEING IS, IN MY JUDGMENT IS THAT THIS IS A LONG-TERM TREND. I THINK WE'RE GOING TO CONTINUE TO SEE THIS INCREASE. I WISH IT WEREN'T SO, BUT I'M AFRAID IT IS. ACCORDING TO STATISTICS RELEASED FRIDAY BY THE MAJOR CITIES POLICE CHIEFS ASSOCIATION, THE NUMBER OF HOMICIDES INCREASED IN THE FIRST MONTHS OF 2016 IN MORE THAN TWO DOZEN MAJOR CITIES. "THE WASHINGTON POST" REPORTS -- QUOTE -- "THE NUMBERS WERE PARTICULARLY GRIM FOR A HANDFUL OF PLACES, LIKE CHICAGO, LOS ANGELES, LAS VEGAS, DALLAS, WHERE THE NUMBERS INCREASED DRAMATICALLY. THE ARTICLE GOES ON TO QUOTE F.B.I. DIRECTOR COMEY. AND THIS IS WHAT HE SAID,-- QUOTE -- "I WAS VERY WORRIED ABOUT IT LAST FALL, AND I AM IN MANY WAYS MORE WORRIED BECAUSE THE NUMBERS ARE NOT ONLY GOING UP, THEY'RE CONTINUING TO GO UP, AND MOST OF THOSE CITIES FASTER THAN THEY WERE GOING UP LAST YEAR. SOMETHING IS HAPPENING. I DON'T KNOW WHAT THE ANSWER IS, BUT HOLY COW, DO WE HAVE A PROBLEM." HE ALSO SAID BEFORE OUR COMMITTEE ONE TIME THAT HE REMEMBERED THE LAST CRIME WAVE IN THE 1970'S AND 1960'S AND HOW ENFORCEMENT BROUGHT IT DOWN DRAMATICALLY. HE SAID WE DON'T WANT TO FORGET THE LESSON WE LEARNED PREVIOUSLY. DIRECTOR COMEY HAS FURTHER SUGGESTED THAT A POSSIBLE EXPLANATION FOR THIS SPIKE IN VIOLENT CRIME INCLUDED GANG AND DRUG VIOLENCE. HE HAS ALSO SUGGESTED THAT GREATER SCRUTINY OF POLICE AS THEY DO THEIR DUTY HAD POSSIBLY CHANGED THE WAY OFFICERS AND COMMUNITIES INTERACT, SOMETHING HE CALLS THE -- QUOTE -- "VIRAL VIDEO EFFECT" WHICH HE BELIEVES LEADS TO LESS AGGRESSIVE POLICING. LESS AGGRESSIVE POLICING MEANS MORE CRIME AND MORE DEATHS. ON MOTHER'S DAY WEEKEND IN CHICAGO, MORE THAN 50 PEOPLE WERE SHOT BETWEEN FRIDAY AFTERNOON AND EARLY MONDAY. DURING A 3.5 HOUR PERIOD EARLY SATURDAY, ONE MAN WAS KILLED AND 14 OTHERS WOUNDED, AS THE "CHICAGO TRIBUNE SAID -- QUOTE -- "THE EQUIVALENT OF SOMEONE BEING SHOT EVERY 14 MINUTES." ACCORDING TO THE "TRIBUNE" POLICE SUPERINTENDENT EDDIE JOHNSON, -- QUOTE -- "SAVED HIS HARSHEST CRITICISM FOR A CRIMINAL JUSTICE SYSTEM THAT HE SAID ISN'T PUTTING AWAY THE CITY'S MOST DANGEROUS OFFENDERS FOR LONG ENOUGH PERIODS." -- QUOTE -- "UNTIL WE HAVE REAL TRUTH IN SENTENCING AND HOLD THESE OFFENDERS ACCOUNTABLE, THIS WILL BE THE UNFORTUNATE REALITY IN THE CITY OF CHICAGO." CLOSE QUOTE. ACCORDING TO A SECOND ARTICLE IN "THE WASHINGTON POST," APRIL 2 OF THIS YEAR, VIOLENCE IS OCCURRING AT LEVELS UNSEEN FOR YEARS IN CHICAGO. IN THE FIRST QUARTER OF 2016, 141 PEOPLE WERE KILLED, UP FROM 82 LAST YEAR. THE NUMBER OF SHOOT -GDZ SURGED TO 677 FROM 359 THE YEAR BEFORE. THE CITY'S ON TRACK TO HAVE MORE THAN 500 KILLINGS THIS YEAR, WHICH WOULD MAKE THIS JUST THE THIRD YEAR SINCE 2004 THAT CHICAGO HAS TOPPED THAT FIGURE." WELL, NOW SOME SAY WE HAVE TOO MANY PEOPLE IN PRISON. YOU'VE HEARD THAT. IT CERTAINLY IS OUR RESPONSIBILITY IN PART IN CONGRESS TO SET SENTENCING LAWS THAT ARE SMART, THAT PROTECT THE PUBLIC, DON'T PUT TOO MANY PEOPLE IN JAIL, AND STRIKE THE RIGHT BALANCE. IN THE EARLY 1980'S, MID-1980'S, CONGRESS PASSED IN A BIPARTISAN OVERWHELMING VOTE MANDATORY MINIMUM SENTENCES AND SENTENCING GUIDELINES. THEY ALLOWED DANGEROUS PEOPLE TO BE DENIED BAIL ON APPEAL. THEY ALLOWED PEOPLE WHO MAKE FRIVOLOUS APPEALS, THE JUDGE TO ASSERT THAT THERE IS NO SUBSTANTIAL BASIS FOR THE APPEAL AND LEAVE THEM IN JAIL WHILE THEY DO THEIR APPEAL. BECAUSE TOO MANY PEOPLE WERE FILING FOR APPEAL JUST TO STAY OUT OF JAIL AND COMMIT CRIMES WHILE THEY WERE OUT. ALL THOSE WERE GREAT REFORMS. NOW THEY'RE UNDER SYSTEMATIC ATTACK. AND DURING THAT ENTIRE PERIOD OF TIME THE CRIME RATE IN AMERICA WENT DOWN. THE MURDER RATE IN THE LATE 1990'S WAS HALF WHAT IT WAS IN 1980. HOW MANY GOOD PEOPLE ARE ALIVE TODAY BECAUSE OF THIS IMPROVEMENT IN LAW ENFORCEMENT? WE ENDED THE REVOLVING DOOR SO PEOPLE WERE ARRESTED AGAIN, ARRESTED, RELEASED, COMMITTED ANOTHER CRIME, ARRESTED, THEY MURDER SOMEBODY. IT WAS HAPPENING ALL THE TIME AND WE DIDN'T HAVE JAIL CAPACITY TO PUT THE PEOPLE IN JAIL. WE DIDN'T HAVE ENOUGH PEOPLE TO DEAL WITH THIS SURGING CRIME RATE. WHEN YOU HAVE 20%, 30%, 40% INCREASES IN CRIME, YOU'RE TALKING ABOUT DOUBLING THE CRIME RATE, THE MURDER RATE IN AMERICA IN TWO OR THREE YEARS. AFTER WE SPENT 20 YEARS BRINGING IT DOWN BY HALF. WE'VE GOT TO BE SURE WHAT WE ARE DOING HERE, COLLEAGUES, IS SMART. AND WE'RE NOT SIGNING DEATH WARRANTS FOR THOUSANDS OF AMERICAN INNOCENT CITIZENS. WELL, WHAT IS THE PRISON SITUATION TODAY? POPULATION IS GOING UP. ACCORDING TO THE BUREAU OF JUSTICE STATISTICS, THE RATE OF IMPRISONMENT IN THE UNITED STATES IS AT ITS LOWEST IN A DECADE -- TEN YEARS. THE FEDERAL PRISON POPULATION, 199,914 AS OF MAY 12, AT ITS LOWEST LEVEL SINCE 2006. SINCE 2013 THE FEDERAL PRISON POPULATION HAS DECREASED BY OVER 20,000. IT IS PROJECTED TO CONTINUE DOWNWARD RATHER DRAMATICALLY ACTUALLY. ACCORDING TO THE FEDERAL BUREAU OF PRISONS, THE POPULATION IS EXPECTED TO DROP ANOTHER 10,000 THIS YEAR, WHICH WILL BRING IT TO ITS LOWEST LEVELS SINCE 2005. THE BUREAU OF PRISONS, WHO HOUSE PRISONERS -- QUOTE -- "PROJECTS THAT THE INMATE POPULATION WILL CONTINUE TO DECLINE FOR THE NEXT COUPLE OF YEARS, PARTICULARLY AS A RESULT OF THE RETROACTIVE CHANGES TO THE SENTENCING GUIDELINES." CLOSE QUOTE. INDEED, THE 46,276 FEDERAL DRUG TRAFFICKING INMATES MADE ELIGIBLE FOR EARLY RELEASE COMPRISE 25% OF THE CURRENT PRISON POPULATION. ADMISSIONS TO FEDERAL PRISONS HAVE DECLINED EVERY YEAR SINCE 2011 AND WILL LIKELY DECLINE FURTHER DUE TO THE OBAMA ADMINISTRATION'S POLICY DIRECTING PROSECUTORS NOT TO CHARGE CERTAIN SIGNIFICANT OFFENSES. WELL, I DON'T THINK THAT THIS CONGRESS HAS A DUTY TO CONFIRM EVERYONE THAT IS SUPPORTED BY THE PRESIDENT. WE KNOW THAT THE PRESIDENT HAS HOSTILITY TO PRISONS. HE'S DIRECTED HIS ATTORNEY GENERAL TO REDUCE PRISON POPULATION, AND THAT'S HAPPENING. HE'S DIRECTED THE BUREAU OF PRISONS TO PARTICIPATE IN THIS. HE HAS DIRECTED THE ATTORNEY GENERAL AND THE ATTORNEY GENERAL HAS AGREED AND ISSUED POLICIES THAT REJECT ATTORNEY GENERAL THORNBURGH'S POLICIES WHEN I WAS A UNITED STATES ATTORNEY. BASICALLY THE THORNBURGH POLICY WAS IF A PERSON USED A GUN DURING A CRIME, A BANK ROBBERY OR DRUG DEALING, THEY'RE REQUIRED UNDER THE LAW TO GET AN ADDITIONAL FIVE YEARS PENALTY IN ADDITION, BECAUSE THE GOAL WAS TO DETER PEOPLE FROM CARRYING GUNS DURING CRIMINAL ACTS. THEREFORE, HAVING FEWER PEOPLE KILLED IN THIS COUNTRY. IT ACTUALLY WORKED. IT WAS PART OF THE DECLINING MURDER RATE, IN MY OPINION, CLEARLY. AND YOU WERE REQUIRED TO CHARGE BECAUSE A LAWSUIT, IF YOU CARRY A GUN, YOU MUST GET FIVE YEARS IN ADDITION TO THE OTHER PENALTY. AND SO THE OTHER ATTORNEY GENERAL BASICALLY TELLS EVERYBODY, YOU PROSECUTORS, YOU DON'T HAVE TO CHARGE THAT. IN FACT, WE DON'T WANT YOU TO CHARGE TOO MUCH ON THESE KIND OF CASES. AS A RESULT, THE PROSECUTIONS ARE DOWN, DRUG PRESCRIPTIONS DRUGS -- DRUG PROSECUTIONS ARE DOWN 21% AND THE SENTENCING IS DOWN TOO. WHEN I ASKED THE ATTORNEY GENERAL WHY ARE YOUR PROSECUTIONS OF THESE CASES DOWN SO MUCH, SHE SAID THEY'RE PROSECUTING BIGGER CASES, WHICH I'VE GOT TO TELL YOU, FOR THE LAST 50 YEARS THAT'S THE EXCUSES PROSECUTORS USE FOR HAVING DECLINING STATISTICS. THEY SAY, WELL, WE'RE WORKING BIGGER CASES. BUT REGARDLESS, IF YOU'RE WORKING BIGGER CASES, WHY ARE SENTENCINGS DOWN? PRESUMABLY SHE IS SAYING WE'RE PROSECUTING MORE SEVERE CRIMINALS BUT THE SENTENCINGS ARE GOING DOWN. WE'RE SEEING FROM THE PROSECUTORIAL END HERE A SIGNIFICANT RETRENCHMENT OR BACKING OFF OF STRONG PROSECUTION POLICIES. THE JUDGE GETS A LIFETIME APPOINTMENT THAT'S NO LONGER ACCOUNTABLE TO THE AMERICAN PEOPLE OR ANYONE ELSE, FOR THAT MATTER. HE IS NOT ENTITLED TO CONFIRMATION IF WE HAVE DOUBTS ABOUT THE ABILITY OVER THE YEARS TO TREAT POLICE FAIRLY, PROTECT THE PUBLIC FROM SERIOUS CRIMINALS. IT CERTAINLY DOES NOT SEND A POSITIVE MESSAGE TO THE POLICE AND TO THE COMMUNITY IN BALTIMORE WHERE SHE WILL HEAR CASES, IF CONFIRMED. LAST YEAR WAS THE DEADLIEST YEAR IN BALTIMORE'S HISTORY, 344 MURDERS AND COUNTLESS CRIMES AGAINST PERSONS AND PROPERTY. I BELIEVE MISS XINIS' RECORD DEMONSTRATES SUCH A LACK OF UNDERSTANDING OF THE REALITY OF LAW ENFORCEMENT AND THE DUTY BY OUR WHOLE CRIMINAL JUSTICE SYSTEM TO PROTECT THE PUBLIC AS TO DISQUALIFY HER FROM THE FEDERAL BENCH, AND THAT'S WHY I WILL OPPOSE HER NOMINATION. I DON'T BELIEVE THAT SHE HAS -- THAT SHE LACKS THE PERSONAL QUALITIES OR THE INTEGRITY NEEDED TO BE A JUDGE, TO BE A SUCCESSFUL PERSON THROUGHOUT HER LIFE AND WHATEVER JOB SHE HOLDS. SHE CERTAINLY HAS MANY ADMIRERS, AND I'M NOT QUESTIONING THAT, BUT HER RECORD AS I HAVE DISCUSSED INDICATES THAT APPROACH TO LAW ENFORCEMENT DOES NOT JUSTIFY THIS IMPORTANT LIFETIME APPOINTMENT. MR. PRESIDENT, I WOULD THANK THE CHAIR AND YIELD THE FLOOR AND NOTE THE ABSENCE

From: Kasnetz, Joel
Sent: Monday, May 16, 2016 5:08 PM
To: Research_D
Subject: Video Request: Jeff Sessions Floor Speech on Nomination of Paula Xinis to be district judge for District of Maryland

Thank you!

http://www.c-span.org/video/?409656-1/us-senate-debates-judicial-nomination&live&vod&start=2344