▶ 0:21:22Chair Grassley: Good morning. Today's agenda, 12 nominations, nicholas chase, daniel rosen, U.S. attorney nominee, our list to be first on, and will be held over.
▶ 0:21:43Chair Grassley: We will vote today on emil bove, nominee for the third circuit, and district nominees anne-leigh gaylord moe, kyle dudek, jordan pratt, edward artau. We will also vote for kurt wall, kurt alme, lesley murphy, jeanine pirro, and eric siefert to be U.S. attorney. -- erik siebert to be U.S.
▶ 0:22:16Chair Grassley: Attorney. We also have on the agenda for the first time, the t.r.a.c.e. Act, the opioid overdose data collection enhancement act , and the c.h.I.l.d. Act. I will announce that if we have not voted before 10:30, I will plan to call the vote on all nominations at that time.
▶ 0:22:39Chair Grassley: If people wish to speak after that time, I will stay as long as needed to hear everybody else. Now, I want to address the unfair rhetoric and treatment directed at Mr. bove by some of this committee, frankly, it crossed the line. I've served on this committee for longer than anyone else in this room. I have seen a lot of confirmation fights.
▶ 0:23:07Chair Grassley: What we are witnessing has all the home are very political hit job, time for maximum medium strikes with minimum substance. Let's get one thing straight, I take whistleblower complaints very seriously. During both republican and democratic administrations, I have spent over four decades defending patriotic whistleblowers.
▶ 0:23:34Chair Grassley: I defended the ukraine whistleblowers' use of the whistleblower process, despite serious concerns about the substance of his complaints, concerns that have been proven right over time. Yet my democratic colleagues made no efforts to support whistleblowers who raised alarms about the biden family during the first trump administration, I interviewed donald trump, jr.
▶ 0:24:02Chair Grassley: And other republicans as part of our bipartisan investigation into alleged russian collusion conducted through this judiciary committee.
▶ 0:24:15Chair Grassley: When it came to the biden family and his administration, despite, even despite serious allegations and overwhelming evidence of misconduct, democrats made no effort to investigate or conduct similar interviews. These were french claims squarely within the jurisdiction and much of it based upon records.
▶ 0:24:45Chair Grassley: With respect to the current whistleblower, some have said that Mr. ravine he that Mr. ravine I is not a whistleblower. On that point, I disagree. My doors are always open to whistleblowers. However, the manner and timing of this disclosure is not how the process should have played out. I want to give you an example. I receive the whistleblower's complaint the morning before Mr.
▶ 0:25:15Chair Grassley: Bove's nomination hearing, at the same time the "new york times" broke the story. The minority apparently received additional records from whistleblowers on july 1 and july 7 and has kept them from us. I did not receive them until july 10, the same day, would you believe it, as the "new york times" dropped an exclusive interview with whistleblowers about these same files.
▶ 0:25:50Chair Grassley: This timeline raises very serious concerns. I appreciate that my staff has been able to engage respectfully with the whistleblower, the whistleblower lawyers, and others who have come forward to discuss these allegations throughout the process, I've treated the complaint in good faith, as I always do.
▶ 0:26:21Chair Grassley: But that does not mean I'm always going to agree with the allegations raised. Earlier this week, I lead an effort to review the disclosure document by document and analyze the facts. The results, almost none of the material, I want to make clear, almost none of the material references Mr. bove at all.
▶ 0:26:50Chair Grassley: More concerning lee, the democrat summary grossly makes various rises -- more concerningly, the democrat summary grossly mischaracterizes what it says. My democratic colleagues don't do what they say they do. Let's say even if we accept most of the claim as true, there's no scandal here.
▶ 0:27:20Chair Grassley: Government lawyers aggressively litigating and interpreting court orders is not misconduct. It's what lawyers do all the time. Concerning ly, the minority crafted litigation strategy as wrongdoing, even discussions that reflected the government's
▶ 0:27:51Chair Grassley: Official litigation positions, some of which prevailed on appeal. These documents than give no reason to delay this nomination. So, let's stick to the facts. The whistleblower alleges misconduct, 10 days after the event he describes.
▶ 0:28:16Chair Grassley: He signed a brief stating, without qualifications, that " the government has complied with the court orders in this case," end of quote. If he believed the department to five court orders, while I sign the grief an officer of the court saying that it had complied?
▶ 0:28:47Chair Grassley: During the hearing, Mr. bove firmly denied the allegations. He testified under oath "I did not advise any justice department attorney to violate orders." recent public reporting backs this account, his account as well.
▶ 0:29:11Chair Grassley: I would like to enter into the record, and I have it right here, months before the whistleblower came forward, his former supervisor wrote in the letter that Mr. bove "advised our team that we must avoid a court order holding an upcoming operation to implement the act at all costs." this statement confirms Mr.
▶ 0:29:39Chair Grassley: Bove advised his team to avoid triggering a court order, not defy one, and that is consistent with his testimony. My staff has also interviewed multiple people who were present for the march 14 meeting, described in the whistleblower disclosure.
▶ 0:30:09Chair Grassley: Now we have four separate people, other than Mr. bove, who were present in the meeting, telling us the following. There was never any directive to ignore a court order, and each of them left the meeting with the understanding that the justice department would aggressively litigate but would follow court orders.
▶ 0:30:33Chair Grassley: To my democratic colleagues than , you've been choosing each of the president's -- accusing each of the president's nominees of refusing the court. I have a question. Where was the outrage when congresswoman ocasio-cortez said in a response to a decision about abortion drug access "I believe the biden administration should ignore this ruling"?
▶ 0:31:05Chair Grassley: Where was the indignation when senator wyden took to the senate floor and said, "there are moments in history where americans and their leaders must look at circumstances like this one and say, enough, not, let's see how the appeals process plays out, or let's hope congress can fix this down the road, just enough!
▶ 0:31:38Chair Grassley: President biden and the fda must ignore it." where was the outcry a few weeks ago when biden appointed judge brian murphy, flatly defying supreme court rules, or when justice to just a justice order to violate law and spend taxpayer money in defiance of the law passed by members of congress and signed by the president?
▶ 0:32:16Chair Grassley: And when it comes from their side, just as I have indicated, there is silence. No press releases, no hearings, no letters. So what does that add up to? A double standard. Undermining their latest partisan attacks against Mr. bove.
▶ 0:32:38Chair Grassley: This congress alone, congress, democrats have sent at least 26 letters to 17 agencies or parties, demanding records, delays, or investigations into president trump's nominees.
▶ 0:32:59Chair Grassley: I'm holding them right here in a stack of letters that I've held up already, like clockwork, just before a hearing or a vote, we get another, now, another breathless accusation that one of president trump's nominees needs further investigation. We see in these stories and reckless accusations before.
▶ 0:33:31Chair Grassley: We've been down this road. It has become routine, this congress, but it is not new. We all remember what democrats did to justice kavanaugh. As I said during director patel's nomination, "this is becoming a pattern, and I will not facilitate a campaign to undermine the results of the election by dealer trailing the consideration of nominees -- by
▶ 0:34:02Chair Grassley: Derailing the consideration of nominees." Mr. bove has a strong legal background and has served his country honorably. He deserves fair treatment. The vicious, partisan attacks and obstruction of nominees that we have seen from democrats this congress has to stop.
▶ 0:34:25Chair Grassley: One day come of roles will reverse again, and my colleagues will want the same fairness for nominees of their president that they refuse to extend to president trump's nominees. They should look around the corner and consider that day. Senator durbin.
▶ 0:34:52Sen. Durbin: Mr. chairman, the trump administration's handling of the jeffrey epstein case is baffling. It is frustrating the american people. It is exacerbating the mistrust in the department of justice and the federal bureau of investigation head in february, attorney general bondi, 17 days into the job, said in a fox news interview that the epstein client list was "sitting on my desk right now.
▶ 0:35:12Sen. Durbin: To review." the white house and staged a major media release of fc files on february 27, including preparing binders for conservative influencers and commentators. However, files released were largely already publicly available. There was nothing new.
▶ 0:35:35Sen. Durbin: After intense blowback, attorney general bondi went back to fox news, the mothership, and claimed that it was a lower "assured her that there were more files," and the "southern district of new york was sitting on thousands of pages of documents." and she promised on foxconn and I quote, "we will get everything," and the country will see "the full epstein files." these are quotes from attorney
▶ 0:36:07Sen. Durbin: General bondi, voluntarily appearing on fox news to explain the situation. For the next four months, the department of justice and the fbi were silent. What happened during that period ? When we received information that attorney general bondi pressure the fbi to assign, get this, approximately 1000 agents in its information management division and hundreds of additional agents from the new york field office to work 24-hour shifts to review and
▶ 0:36:39Sen. Durbin: Produce more arguments on epstein on an arbitrarily short decking -- deadline. These officials were told to "flag any records in which president trump was mentioned." but after this flurry of activity, using tens of thousands of personnel hours in march of its of doj and fbi three additional months to produce no new documents but rather an unsigned memorandum on july 7 finding that "this systemic review revealed no incriminating client list."
▶ 0:37:12Sen. Durbin: Naturally, after all of the public promises attorney general bondi has made, the public is really suspicious of her findings. This suspicion is exacerbated by public reporting that fbi director patel and fbi beauty director bond director bongino -- fbi deputy director bongino disagree with the claims.
▶ 0:37:39Sen. Durbin: This memorandum included links to surveillance video from outside epstein's cell in the hours leading up to his death. In july 7 memorandum describes one of the videos released as full, raw footage, yet expert to analyze it concluded the video was likely modified. Drop administration has essentially created a new controversy -- the trump administration has essentially created a new controversy rather than solving one. President trump is not helping matters at all.
▶ 0:38:09Sen. Durbin: Despite his administration continuing to make promises about the transparency of jeffrey epstein and claims about the existence of records that have not been produced, he is currently telling the country, the president is saying this is all quote "a scam." yesterday, president trump posted on his personal social media site "my past supporters have bought into this bs, hook, line, and sinker.
▶ 0:38:36Sen. Durbin: They have not learned their lesson, and they probably never will." this is the president talking about his own constituents who are concerned about claims his own campaign surrogates and administration have continually raised. President trump and attorney general bondi are directly responsible for all this confusion and mistrust, and they need to be fully transparent, and they should release all of the documents for the public to review as quickly as possible.
▶ 0:39:08Sen. Durbin: On another subject, I want to speak on the nomination of emil bove. We should not be seriously considered by the senate for a lifetime appointment to the federal bench, lifetime. He led this administration's embarrassing efforts to strike a corrupt bargain with new york city mayor eric adams, and he has been trailed by a history of complaints, long predating his affiliation with president trump, but his temperament, his
▶ 0:39:38Sen. Durbin: Poor judgment, and lack of candor before the court. Think of it. We are talking about a judge for life. Attorney general bondi conveniently did not announce her plan to keep the epstein files hidden until shortly after our opportunity to question Mr. bove under oath and his involvement in this issue had passed. Given his role as principal deputy associate attorney general, it's hard to believe he was not involved in the epstein cover-up.
▶ 0:40:06Sen. Durbin: Senator booker and I sent him follow-up questions to give them a chance to clear this up. Mr. bove refused to respond, but that is not the only issue growing more present -- pressing in recent days. A career justice department attorney who defended the first administration post immigration policies filed a whistleblower complaint with my office ahead of Mr. bove's hearing. The complaint recounted that Mr.
▶ 0:40:35Sen. Durbin: Bove suggested the department of justice might need to say "f u justice might need to say "f you to federal courts" that issue orders the administration opposes. Remarkably, Mr. bove could not deny delivering this message. He simply said the questions that senator adam schiff and I went to him. He did not recall whether he had used that kind of explicit language. So I asked him whether he can substantiate these claims.
▶ 0:41:05Sen. Durbin: In response, we were provided text messages, email exchanges, and other documents collaborating his allegations that Mr. bove had waxed poetic about violating court orders and spearheaded efforts to defy court orders and mislead federal counts. Mr. chairman, despite your opening statement, this gentleman, the whistleblower, Mr.
▶ 0:41:31Sen. Durbin: Reuveni, has volunteered to appear under oath before this committee. We ask you to hold a hearing on Mr. bove until that opportunity is taken, and you decided not to. I think that is a mistake. If you question the veracity of Mr. reuveni, who stands before you, raised his right hand, and testify under oath, what more can you ask about credibility than that? And the republicans refuse to even consider it.
▶ 0:42:01Sen. Durbin: His attempts to account for actions are nonsensical, this relates to Mr. bove, but one thing is clear, he has refute -- repeatedly refuted the conduct of the violent january 6 criminals. Mr. bove was the ringleader in an effort to punish federal prosecutors were putting january 6 offenders behind bars. I have this memo ordering determination right here. Understand what we are talking about.
▶ 0:42:28Sen. Durbin: You are a member of the department of justice staff. You are a prosecuting attorney. You are given in order to proceed with the prosecution of an individual. You do so. You execute it in a professional and legal way for it happened in this case is the january 6 insurrection mobster, you can be dismissed from the department of justice under president trump. Think about what that says about our department of justice. Mr.
▶ 0:42:57Sen. Durbin: Bove was the ringleader in an effort to punish these prosecutors. Within his memo, he wrote that the prosecution of january 6 were "a grave national injustice that has been perpetrated among the american people." not the conduct of the mobsters, the conduct of the department of justice attorneys who held these insurrectionists responsible for the damage that they did to our capitol building and the threats to our government. These individuals desecrated our capital.
▶ 0:43:28Sen. Durbin: Every member of this panel, virtually every member, any member of this panel who has been here for any period of time will never forget that day for as long as they live. I respect this capitol building is more than a building. It is a symbol of who the h ell we are, and when these mobster rifled through our desks, pose for pictures, brought in confederate flags, that was a sad moment of our history.
▶ 0:43:55Sen. Durbin: You would never believe it -- she would never have known it if you listen to Mr. bove's accounting. Each of you hearing today are confident that you are safe and secure, and you know why? Because that gentleman standing in the back of the room is risking his life to make sure that happens. And the 100 plus did so on january 6. Are we to take these policemen for granted? I think it is awful.
▶ 0:44:26Sen. Durbin: These individuals, these mobsters, desecrated our capital and a tax law enforcement officers, they keep us safe this law -- and attacked law enforcement officers, they keep us safe this very moment. It is a grave injustice, a disgusting insult to law enforcement officials who literally risk their lives to protect members of congress, staff, and legitimate visitors to the building. Mr.
▶ 0:44:54Sen. Durbin: Bove further insulted by claiming "heavy-handed tactics by prosecutors" are "equally unacceptable as physical violence against police." think about that. He tried to equalize the prosecution of these individuals for crimes with the commission of these terrible acts on january 6. . I went to emphasize that.
▶ 0:45:17Sen. Durbin: This man believes that those aggressively punished cop beaters are as bad as the copier copie beaters themselves. This is a man who wants a lifetime appointment on the second highest court in the land today shows a dig deep flaw in the character and judgment of his nominated Mr. bove also has technology provided legal advice on president trump's disgraceful decision to pardon violent january 6 offenders.
▶ 0:45:49Sen. Durbin: His conveniently faulty memory came in play once again when he said he could not recall, he could not recall whether he assisted president trump on this issue. Oh, pardons of 1600 people who have been prosecuted? Full, unconditional pardon? I can't remember, "was I part of that?" Mr. bove lacks the temperament to sit on the bench.
▶ 0:46:13Sen. Durbin: The real reason he was nominated is president trump believes he will "do anything that is necessary to make america great again." Mr. chairman, I yield.
▶ 0:46:23Chair Grassley: Senator, I would like to respond to what you said about epstein, and senator blackburn -- >> Mr. chairman, can I be on the list to speak, Mr. chairman?
▶ 0:46:38Chair Grassley: You share can be. >> Mr. chairman, I would also like to speak.
▶ 0:46:44Chair Grassley: To be clear, I have been interested in the epstein thing as a member of this committee since 2019. I wanted the same information that I've started to try to get in 2019 from the trunk administration. I tried to get -- the trump administration.
▶ 0:47:12Chair Grassley: I tried to get it from the biden administration. My democrat colleagues did not want it then. Democrat colleagues blocked our efforts to get the legislation. I wrote a letter, referring to august 2019, during the first trump administration, about the epstein criminal case. Since then, I followed up with the new trump administration, seeking records on and also an extensive review of that public information and court records.
▶ 0:47:40Chair Grassley: What epstein did was pure evil, and I don't believe everyone has been held accountable that should have been. The department memo states that epstein harmed over 1000 victims. Those victims deserve closure, and I'm more than willing to work with the department to protect their privacy and safety. Now my democrat colleagues cannot have it both ways.
▶ 0:48:09Chair Grassley: They had four years with the gavel to obtain records in the biden administration, and I think it is legitimate to ask why they didn't. Moreover, in 2020, senator johnson and I've released a report on the biden family criminal conduct. We obtained treasury records that capture conduct that occurred during the obama-biden's administration.
▶ 0:48:34Chair Grassley: Those treasury records confirmed that hunter biden was involved in transactions consistent with human trafficking. The records show that hunter biden would send funds to nonresident women of the united states, who were citizens of russia and ukraine.
▶ 0:48:57Chair Grassley: The treasury records specifically noted that some transactions are linked to what "appears to be an eastern european prostitution and human trafficking ring." on july 7, 2022, I sent a letter calling on then attorney general garland and director ray to investigate these allegations could not once I hear my democratic colleagues call for more transparency or even lift a finger to help me.
▶ 0:49:27Chair Grassley: So is my democratic colleagues are to be consistent come I would request they join me in my efforts to obtain more information about this matter. We know that the fbi has within its holdings information regulating hunter biden's potential trafficking crimes, therefore I invite my democratic colleagues to work with me. Senator blackburn.
▶ 0:49:49Sen. Blackburn: Thank you, Mr. chairman. As you have said, this issue dealing with jeffrey epstein is something that we have worked on for years, and the way we have approached this is to find out who was bankrolling this business?
▶ 0:50:09Sen. Blackburn: And I know, senator durbin, you are trying to reframe that at this point, but I think it is important to stay focused on the goal, and that is to get the information, to find out who is benefiting and who is bankrolling this $150 billion a year human trafficking industry.
▶ 0:50:34Sen. Blackburn: And we know that there are, in these trafficking rings, thousands of innocent victims, and victims in deed of modern-day slavery. And I will say again, it is important, and I am hopeful that we can uncover the information through his financial records and find out who was involved.
▶ 0:51:00Sen. Blackburn: Now, I think it is fair to say that most of us care deeply about protecting children, and I hope that we will work together to get justice for young women and girls who are being trafficked and who are sexually abused.
▶ 0:51:24Sen. Blackburn: And in that same vein, I hope that everyone will work with chairman grassley and with me to get justice for what we now know is hundreds of thousands of migrant children who went missing under president biden's watch.
▶ 0:51:46Sen. Blackburn: We now know that 10,000 of those children have been recovered, but, you know, senator durbin, under your leadership, the committee really failed to act on what is a humanitarian crisis, and this unfolded for the four years of the biden presidency with that open southern border. And we do have a law & order president, president trump, back in the white house.
▶ 0:52:19Sen. Blackburn: We have a doj and an fbi that is focused on law and order, and I hope we can decide to work together to get justice for these women and children. Thank you, Mr. chairman.
▶ 0:52:29Chair Grassley: Senator tillis.
▶ 0:52:34Sen. Tillis: Thank you, Mr. chair. You will look remarkably good for a man I was having a conversation with six hours ago on the floor. Thank you for holding this markup. I just want to talk about some assertions that were made in senator durbin's comments. Does anybody really believe that if I was convinced that bove made any statements condoning the violent acts against capitol police officers whether I would vote for him? Just ask ed martin whether that is a redline.
▶ 0:53:05Sen. Tillis: I cannot find one piece of evidence where he said the violent acts against police officers were ok or condone. If you find it, let me know. And anybody else who comes before this committee who condones violence on police officers.
▶ 0:53:18Sen. Tillis: What we have here is we have to distinguish between those 200 or 300 thugs that I should still be in prison and disagreed on the senate floor with the president pardoning them, from the boneheads that for some reason thought they should enter the capital through broken windows and doors that I think tucker carlson or some talking had called mostly people, tourists.
▶ 0:53:48Sen. Tillis: That's like my democratic friends say in was mostly peaceful protesters with the backdrop of a burning building. Folks, let's get real here. The fact of the matter is, anybody who comes before this committee, where I have evidence that they have made a statement supporting violence against capitol police officers, they don't even need to have a hearing, because I'm not going to vote for them. I feel very strongly about that. So, did somebody reference to something in a meeting, did somebody say something between friends?
▶ 0:54:18Sen. Tillis: I don't know, but even that would be disqualifying, and that yet has not been presented to this nominee. So I challenge all of my colleagues on the other side of the aisle. That's a disqualifying event for me for the remainder of my time in the U.S. senate. Which admittedly is only 18 months get a lot of things happened in 18 months. Do your homework on finding a hard example and count me in to refute that nominee, but don't when you simply don't have the facts on your side.
▶ 0:54:48Chair Grassley: Before I: senator booker, we will have all of our members here yet, but I think they will be here very soon. Go ahead, senator booker.
▶ 0:55:01Sen. Booker: Thank you very much, chairman grassley. This process with emil bove started with senator andy kim saying to the white house we were willing to work with them.
▶ 0:55:16Sen. Booker: The president of the united states, the white house counsel completely violated the process we had agreed upon and thrust of this judgment of the state of new jersey, a judge, a candidate, nominee, who we had already written letters of complaint about his role in the prosecutor's office around issues around january 6.
▶ 0:55:39Sen. Booker: Bove directed ed martin to fires the january 6 defendants, and that is something we were actively investigating before he was even considered. Imagine anybody being put in as a circuit court nominee in their state when there is an active investigation going on about something as serious as the january 6 nomination.
▶ 0:56:06Sen. Booker: That is something that everybody here would consider a violation of process. Now, I understand that there are folks here in good faith who are looking for issues and understanding, but we should all know, we have an obligation, a duty, a constitutional duty to advise and consent that requires full and fair consideration.
▶ 0:56:29Sen. Booker: At this moment, there are still unanswered questions surrounding this nominee, evidence and data coming out, at least one whistleblower who has come forward, moving forward with this boat before this committee has addressed these concerns this committee has with this process. Mr. bove's answers and questions for the record raises serious questions as to whether he actually misled this committee, even light to this committee.
▶ 0:57:00Sen. Booker: Multiple members of this committee have pending requests for critical information regarding Mr. bove that must be fulfilled for us to responsibly and fairly evaluate this person's qualifications for a lifetime appointment on the federal bench. Let's start with a credible passable over came forward with texts and emails that show that Mr. bove said "f you" to the courts and instructed federal officials to ignore the order.
▶ 0:57:31Sen. Booker: The whistleblower is a 15-year career lawyer at the doj who serve in republican and democratic administrations and affinity trump administration's immigration policies during the first. Term this is hardly somebody who lacks credibility and legitimacy. . And he came forward in a climate that we all know, when folks come forward, they are targeted with hate, with threats, yet this person, who has such integrity, such experience, daringly, courageously stepped forward, and this committee won't even hear from him?
▶ 0:58:05Sen. Booker: I'm hard-pressed to believe that someone who dedicated 15 years of public service would jeopardize a career, the safety of themselves and their families, for no reason. After learning that in 2018, members of the federal defense bar, in fdny, many of whom were former prosecutors, took the unprecedented step of 2018 alerting Mr. bove's supervisors of his unethical conduct.
▶ 0:58:37Sen. Booker: These are democrats and republicans from a former federal prosecutors, many of whom had questions from the fd ny, and after weeks of outreach, we have not gotten any response. Just yesterday have the doj responded, only to refuse to honor the request, yet we are moving forward, the committee is moving forward without all of these former prosecutors, federal prosecutors, federal defenders, their legitimate claims being heard.
▶ 0:59:07Sen. Booker: Finally, after receiving credible information, I sent a letter to Mr. bove requesting that he explain his role in reviewing and withholding information about the epstein files. That is something that should be basic for this committee. Just give us this information.
▶ 0:59:26Sen. Booker: He held a leadership role with the department of justice since the beginning of the trump administration, after months of public statement about "probably would -- about "truckloads" of documents about the epstein files, there's nothing to see here, look away. Which one is it?
▶ 0:59:46Sen. Booker: The public has a right to know, and a person being nominated for one of the highest courts in our land, who clearly played a role in this matter of grave national concern, including child sex trafficking, we should know what he did in this matter. I've requested responses to these questions by 9:00 a.m. This morning, and we have heard nothing as a committee. Yet we are moving forward!
▶ 1:00:11Sen. Booker: Time and time again, there are relevant allegations made against this nominee by independent people, by republicans, by career professionals, and we are not listening to them or demanding answers. These unanswered questions strike at the very core of whether bove should sit for a lifetime appointment on a federal bench. Does he respect the rule of law?
▶ 1:00:40Sen. Booker: They raise the alarming possibility that he deliberately lied and concealed critical information to this committee. Mr. chairman, there are federal prosecutors who held accountable those who attacked the U.S. capitol and assaulted law enforcement on january 6. I'm grateful for my colleagues on both sides of the aisle talking about the severity of this issue.
▶ 1:01:03Sen. Booker: Federal prosecutors, career professionals have raised strong reservations about Mr. bove, who had undermined their legitimate work to hold accountable people who did the most horrific acts of violence. Listen to these folks who are law enforcement professionals and what they are saying about Mr. bove.
▶ 1:01:28Sen. Booker: Several of these prosecutors reached out to my republican colleagues on this committee to share their grave concerns, but not one of them were met with by anyone on the other side of the aisle, not even to listen to these prosecutors who did their job, who faithfully serve the will, who were instruments and agents of justice.
▶ 1:01:52Sen. Booker: One would have expected their concerns should be heard, but unfortunately, not one meeting, almost as if they do not want to hear the truth or the facts or the details. How can you say you are concerned about what happened on january 6 and you will listen to the people who spent months and months and months prosecuting those cases? How does that make sense?
▶ 1:02:15Sen. Booker: To not even want to hear from these folks, who have legitimate concerns, who have expressed grave concerns? I don't understand why we are willfully refusing to hear the legitimate concerns, not a politicians, not of elected officials, but as career folks, many of whom are republicans, who have expressed grave concerns.
▶ 1:02:42Sen. Booker: One group literally said, and this is not from the time from that emanated him, this was before he even served in the -- the time that trump nominated him, this was before he even served, they said that is the prosecutorial version of a drunk driver. He is reckless and dangerous. And have we asked to hear from those folks?
▶ 1:03:09Sen. Booker: Here is a guy that was given the worst ever condemnation from a judge in the fd -- fdny, imagine that. They grave, ethical violations in that case.
▶ 1:03:38Sen. Booker: Imagine that, we are about to put that person now to be a judge. That is stunning to me. There's no need to vote on this nominee today. It is a false urgency. My guess is the white house is issuing orders to move this along as quickly as possible.
▶ 1:03:57Sen. Booker: "don't let these independent arbiters, legitimate insight into these nominee's qualifications, don't let them be heard." dear god, we are hearing there are other whistleblower's who are wondering if they should come forward, they are afraid to come forward, they have lawyered up, and we better get this thing through as quickly as possible before other people come through. With more time, we would get more answers.
▶ 1:04:27Sen. Booker: With more time, the things that Mr. bove has done at the doj throughout his career would come to light, not by elected officials but by legitimate people whose voices should be heard. Why are we silencing those people? It's going to get harder and harder for my colleagues to ignore the truth, so let's rush these things through. But let's hear a little bit of the truth. Mr.
▶ 1:04:53Sen. Booker: Chairman, I want to submit a number of letters into the record, first and opposition letter of current and former federal and state prosecutors from around the country, who state that bove not only refused to hold accountable an attack on the nation's capital and attempted to block but punished and dismissed career justice department employees who investigated and prosecuted that insurrection could another letter I would like to submit from almost 1000 former doj
▶ 1:05:28Sen. Booker: Prosecutors this is unprecedented that almost 1000 former doj prosecutors would write this committee and say they are alarmed "by doj leadership's recent mediation from constitutional principles and institutional guardrails." they identify that Mr. bove was a leader in this assault. They say it is intolerable to us that anyone who displays of the department of justice would be promoted to one of the highest courts in the land.
▶ 1:05:56Sen. Booker: The third letter I would like to submit is from 75 former federal and state judges, including a former third circuit judge who was appointed by president bush, jurists are writing elevating a, nominated whose record reflects a pattern of misconduct, disregard for lawful authority, and political entanglement will only -- would not only compromise the integrity of the click of a would set a dangerous precedent that judicial power may be
▶ 1:06:27Sen. Booker: Willed it in the serving of personal fealty rather than constitutional duty. Lastly, Mr. chairman, I would like to submit a letter from former federal prosecutors who have collectively, more than 450 years of experience trying cases. These former federal prosecutors, 450 of an urge, there's only one way this committee can determine whether Mr. bove has violated a court order. It's by hearing the testimony of Mr.
▶ 1:06:56Sen. Booker: Raven he, whistleblower -- Mr. reuveni, the whistleblower. Failure to do so before voting on this nomination will forever brand this decision as rubberstamping. Mr. chairman, I make a request, and as I understand the rules of this committee, I have the right to do that. Mr. reuveni witnessed the doj leadership defy court orders.
▶ 1:07:23Sen. Booker: I would like to ask under rule four of the rules of this committee, that the chairman is required to entertain a non-debatable motion to bring a matter before the committee for a vote. I'm making a motion to bring this matter to a vote.
▶ 1:07:37Sen. Booker: I request a roll call of this committee so that the record may show that each -- where each member stands on allowing a whistleblower, an independent prosecutor, who worked in democrat and republican administrations for 15 years, who courageously stepped forward, who put his life at risk, who is being threatened right now, who felt like it was worth it to come forward to speak to this committee, I would like to request that before voting on this nominee, we would
▶ 1:08:09Sen. Booker: Hear from this nominee. I would like a roll call vote on that according to rule 4 of this committee.
▶ 1:08:16Chair Grassley: The clerk will call the roll. Before you call the roll, first of all, I do believe that is not on the agenda, what you have requested, and things I have not previewed ahead of time are on the agenda, so I'm going to rule you out of order.
▶ 1:08:44Sen. Booker: , but, sir, in all sincerity, we could take the time. The whistleblower would give us enough time to review all the things we are concerned about. The level of gravity of the charges of an independent prosecutor for 15 years, who literally has put his life on the line by coming forward, we could do the necessary work to prepare for such a hearing, to hear from this prosecutor.
▶ 1:09:09Chair Grassley: Before I: senator whitehouse, let me say that you requested to put things in the record. We will grant that request. Senator whitehouse.
▶ 1:09:20Sen. Whitehouse: Thank you, Mr. chairman. Let me add to emil bove, let me start with this nominee, having told a roomful of department of justice lawyers that if the federal courts did not back off honoring 15 unlawful deportations, they would have to tell court "f you."
▶ 1:09:53Sen. Whitehouse: I hope we can agree that telling courts "f you" is not an attribute we want in someone seeking to be a judge. We know that he said it. Because it is so abundantly corroborated in real time communications among the lawyers present.
▶ 1:10:20Sen. Whitehouse: They talk in texts about the "f you" comment contemporaneously come in that very manner. Prosecutors don't get better corroboration than that. We would also be on solid ground concluding that he lied about it to us in committee. He said he did not recall.
▶ 1:10:52Sen. Whitehouse: Really? Did not recall saying something like that in a department of justice meeting, surrounded by career lawyers? It is not remotely credible. Lying to our committee also is not a great attribute of a candidate to be a judge. Somehow, he seemed to know that he would get away with it.
▶ 1:11:22Sen. Whitehouse: He also played a bit of verbal dodge 'em, saying he never instructed anyone to disobey a court order. Correct, but that was not the allegation. He told them to be ready to disobey a order, to tell court's s "f you." obviously, if you change the statement, you can mislead the committee, but we should demand better than that.
▶ 1:11:54Sen. Whitehouse: Meanwhile, over in the united states district court of appeals, there is an order suspending judge bowes suspending judge bowseberg's investigation into this matter.
▶ 1:12:17Sen. Whitehouse: He ordered an investigation into look into what the hell went on at the department of justice with respect to these illegal deportations. Emil bove is in the thick of that. He absolutely will be part of that content investigation. -- contempt investigation. And two trump judges on the D.C.
▶ 1:12:48Sen. Whitehouse: Court of appeals suspended that investigation. There's a commentary now about how on earth that temporary, hours and days, suspension has now lasted, what, a month? Perhaps just in time for this committee to ram through this nominee, likely to be a subject of that criminal contempt hearing while it is delayed.
▶ 1:13:21Sen. Whitehouse: If we are being played that way, with trump judges delaying a contempt hearing that necessarily involves our nominee, so that he can be shoved through, something is really rotten in denmark. This whole mess around the deportations and his lying to the committee is all consistent with bove's lawless character.
▶ 1:13:51Sen. Whitehouse: He helped cook up an improper deal in a criminal case against the mayor of new york, which is owned doj colleague called a quid pro quo, and an improper offer of immigration enforcement assistance in exchange for a dismissal of his case. That is disgraceful prosecutorial behavior.
▶ 1:14:15Sen. Whitehouse: I call it, the acting district attorney for the court of new york resigned rather than go along with this game. Another trump nominee crony went along with it -- also admitted it.
▶ 1:14:31Sen. Whitehouse: Tom homan went on fox news with the mayor and said, speaking of the mayor, "if he does not come through," if he does not deliver the support we need to and I will be back in new york city, and we will not be sitting on idly in his office up his butt same where the hell is the agreement we came to? The agreement we came to. Separately, as nominee tried with acting U.S. attorney martin to confect a fake criminal investigations.
▶ 1:15:04Sen. Whitehouse: Tried to confect a fake criminal investigation. Listen to those words. To allow an improper seizure of funds congress and appropriated that were obligated and dispersed of the greenhouse gas reduction fund. Career prosecutors pointed out you can't have a criminal investigation with no crime. With no predication. With no basis.
▶ 1:15:34Sen. Whitehouse: In the career criminal chief woodwork for multiple administrations was forced out of her job for her pains, pointing out that this was a fake criminal investigation and they went forward with it anyway. These are not minor prosecutorial glitches. These are true violations of the basic o 30 prosecutor. Another principle prosecutors followed is not to publicly disparage subjects of your investigation.
▶ 1:16:05Sen. Whitehouse: Both because it is low, it should be beneath a prosecutor, and because long-standing doj policy prohibits it. Bove's official client, the epa administrator made repeated public statements accusing the fund and its participants and its administrators -- by the way, among its participants was that notorious criminal organization habitat for humanity.
▶ 1:16:34Sen. Whitehouse: Accused them of being corrupt, of being criminal, of engaging in kickbacks, of theft, and of graft. None of that is even remotely appropriate, all of it is in violation of doj policy and we couldn't even get answers about that violation. I asked consent that my june 18, 2025 letter to the department of justice on these topics be added into the record. >> without objection.
▶ 1:17:01Sen. Whitehouse: >> these are truly evil abuses of doj powers that this person led. Those are some of the problems with as nominee. Then come the problems with our committee process in which he was pre-licensed refused to answer questions. The committee conceded something congress has never before conceded, that delivered a process and attorney client privilege is overcome constitutional powers of oversight and advice and consent.
▶ 1:17:27Sen. Whitehouse: Senator kennedy and I known this in our bipartisan report on executive privilege in december of 2022. I quote congress maintains that all other components of executive privilege sides presidential communication, that the executive branch recognizes, including attorney-client privilege are not constitutionally grounded and therefore cannot supersede congress' oversite congress' oversitght authority.
▶ 1:17:58Sen. Whitehouse: The majority having me there astounding a personal and concession didn't even follow the rules for assertion of those supposed privileges. Either as to their scope, nor as to the process for claiming them. These privileges need to be asserted. It is notable that this nominee never actually asserted them.
▶ 1:18:20Sen. Whitehouse: He likely realized that they don't, in fact, actually pertain and he didn't want to get caught out in the legal error of asserting a nonpertinent privilege. Plus, he didn't have to. Since his nonanswers were blessed in advance by the majority.
▶ 1:18:41Sen. Whitehouse: Instead, he hid behind vague claims, not privilege assertions, they claims of inappropriateness or things not being public or failures to recall. Just to remind, attorney-client privilege and deliberate process privilege, even if they pertain here, do not apply to administrative decisions within a department and deliberative process, indeed any executive privilege does not apply where
▶ 1:19:13Sen. Whitehouse: The allegation is misconduct. Again from my report with senator kennedy, porting the D.C. circuit court of appeals. The privilege disappears altogether when there is any reason to believe government misconduct occurred. We have enormous reason to believe that this individual, now a nominee, participated in government misconduct. The only executive privilege that congress does recognize requires some proximity to the president.
▶ 1:19:46Sen. Whitehouse: It is not applicable in ordinary agency administrations. And the president must invoke it according to the reagan memo. None of that took place under the blanket authorization to refuse to answer. We are dealing here with a nominees attempts from a very high position in the department of justice to cook up a fake criminal investigation and to use an existing criminal case for political leverage over an elected official.
▶ 1:20:19Sen. Whitehouse: With too many accompanying violations of doj rules and practices to count. And we can't even get answers. The result was a hearing that more resembled a racketeering from the godfather than a nomination hearing for a circuit court of appeals judgeship. Throw in the attorney general and deputy showing up in person to give republicans in this committee the eyeball and the resemblance gets worse.
▶ 1:20:51Sen. Whitehouse: Hearing by hearing, month by month, the bar is lowered and lowered and lowered for our constitutional advice and consent oversight. Now to the point where a witness can say I don't recall and it would be inappropriate and that's not public to any question no matter how bad behavior, no matter how good the corroboration and get away with it.
▶ 1:21:23Sen. Whitehouse: Even with multiple credible backstop allegations of prosecutor misconduct by this individual before us, we are become a partisan rubberstamp. Neither the committee nor the judiciary is well served by our helplessness. I yield back. >> I will now go to voting because we have markups in other committees and people have to leave here soon.
▶ 1:21:53Sen. Whitehouse: We will go to the nomination. The clerk will call the role. >> Mr. chairman, we have the right to continue to debate this nomination. >> no. >> I'm invoking rule four of the committee, we have the right to debate this nomination. >> seconding. >> there's demand for a vote on the request. >> Mr. chairman, you should at least acknowledge my rule for point of order. >> you're out of order.
▶ 1:22:24Sen. Whitehouse: >> I don't understand this, what are you afraid of about even debating this? Hearing from every senator, dear god, that is what our obligations are. It is to state reasons for debate. At least address the rule for point of order that we are calling. There's no reason to rush this, what are we afraid of? We are not pressing for the two hour rule like you all did. We are simply asking for a credible amount of time to air our concerns before the vote.
▶ 1:22:56Sen. Whitehouse: We respect each other in this committee. We respect the understanding that we have things to say. And yet we are doing this in a way that makes no sense to me and it makes no sense to me because we are not trying to do things like force the committee to close, or force the two hour rule. This is about understanding the people on this site have a responsibility to state their issues. You can call me out of order because this is out of order. This undermines the basic decency of this committee.
▶ 1:23:27Sen. Whitehouse: Yes, maybe overrule rule four but at least address the point of order that senators were elected to debate issues and debate nominees. This is absolutely insane. What is the rush? Sir, I am interrupting because you're interrupting irregular point of order. At least address my point of order. I have the right to do that by the rules of this committee. If you want to overrule the rules of committee, then do so. But this is not in any way in order.
▶ 1:23:58Sen. Whitehouse: You are obligated to address a point of order according to the rules of this committee. You can overrule me by a senate vote. You are violating your own rules. The parliamentarian has been clear about this. The parliamentarian has been clear. You can overrule the point of order I'm doing but you have to follow the precedence and procedures of this committee. This is outrageous that you are not allowing senators to have their fair say before a controversial nominee is being done.
▶ 1:24:29Sen. Whitehouse: This is unbelievable, this is unjust, this is wrong, it is the further deterioration of this committee's integrity with a person like this. What are you afraid of? Are you afraid of hearing from chris coons, from hearing from one of my colleagues, or hearing from adam schiff? What?is the fear here has at least the decency to have a vote on my point of order regarding bull four. I have respect for you, Mr. chairman. We served together for more than a decade, but this is outrageous. This is unacceptable.
▶ 1:25:00Sen. Whitehouse: This is wrong. It is wrong. And why? Why? What is the rush to take another half hour to listen to people, what is the rush? What are we afraid of, Mr. chairman? What are we afraid of? I do not understand why senators can't debate the nominee as we done when both sides have been in the majority to take the time. What is the thing that you are so afraid of from hearing from my senate colleagues?
▶ 1:25:29Sen. Whitehouse: This is a violation of the precedent of this committee. We are not trying some stunt here to try to force a two hour rule like you all did when you were in the minority. We just want to be heard before a controversial vote. This is wrong and you know it. You are a person of integrity, how would you be doing this? At least have a vote on my point of order. Sir, we all appeal to your decency.
▶ 1:25:56Sen. Whitehouse: With all appeal to pass jurisdiction and past precedent, why are you doing this? This is outrageous. This is wrong. To violate your own rules without going by the mandate of the parliamentarian. This is unbelievable. There is a way to do this.
▶ 1:26:20Sen. Whitehouse: If you want to force this through, if you want to ram this through, there's a way to do it in accordance to the rules as spelled out by the parliamentarian. It is simple. It is clear. There's a pathway to achieve what you're trying to achieve, but this lacks decency. It lacks decorum. It shows that you do not want to simply hear from your colleagues. This is absolutely wrong.
▶ 1:26:46Sen. Whitehouse: And sir, this is to me one of those moments where we are not showing common respect for each other on both sides. I've sat here when we were in the majority and listen to my colleagues arguments, listens to the passionate statements, and then he voted. This is not bad. This is us simply trying to rush through one of the most controversial nominees we had under this presidential administration. Sir, not bless america, you are a good and decent man. Why are you doing this?
▶ 1:27:17Sen. Whitehouse: What is donald trump saying to you that would make you do something which is violating the decorum of this committee, the rules of this committee, decency and the respect that we have for each other to at least hear each other out? I sat through so many long speeches of my colleagues. I heard their objections. With sincerity to try to see what their arguments are, but we are not doing that. This is wrong and you know it.
▶ 1:27:45Sen. Whitehouse: There are some people on this committee who are the least firebrand people and they've walked out. Some of the least controversial people in this senate. Some of the people who work the hardest defined bipartisan common ground have just walked out of this committee. And you don't even seem to care. I know you do. I know your heart, senator grassley. This is wrong. I know the kind of person you are and you know this is wrong. This is not necessary. What is another half hour to allow senators to be heard?
▶ 1:28:16Sen. Whitehouse: It's what the constitution mandates. If the ideas of the united states senate. The world's most deliberative body should take a decent amount of time to deliberate. But here we are not doing that. Here we are jamming this through with some sense of false urgency. It's one thing not to hear from whistleblowers. It's another thing not to hold another hearing. But to even allow my colleagues to have their moment to speak against this injustice, it is wrong. And I know you know this. I know you know this.
▶ 1:28:48Sen. Whitehouse: The only time this rule is ever been overturned by both parties was done when one minority was trying to push through a stunt to stop a committee from hearing. This is not bad. This is not a two hour rule. This is a basic element of the ideals of this committee. It is the basic understanding of having debate and deliberation. It's a basic understanding of we can listen to each other even if we disagree. That we should have time and space and decorum to listen.
▶ 1:29:19Sen. Whitehouse: Sir, this is just wrong in every way. It is wrong in every single way. This is an abuse of power, is undermining of the well-being and the integrity of the senate. In this committee. For so long I've been so honored to be a part of. This is wrong, sir, and I join with my colleagues and leaving. This is a sham. This is wrong, we are better than this.
▶ 1:29:44Chair: Now we will have to vote on these nominees for U.S. attorney because we don't have enough people on the other side, so we can go by voice vote. So the clerk will call the roll. Aye. >>aye. >> confused by the sense of quiet, aye. >> aye. >> aye by proxy.
▶ 1:30:15Chair: Aye. Ayte. Aye. Chairman grassley? Aye.
▶ 1:30:41Chair: Okay, favorably voted, it will be reported to the floor. Now we will vote on leslie woods murphy. Call the roll, please. >> [ calling roll]
▶ 1:31:37Chair: Aye. >> the ayes have it, nomination will be favorably reported. The clerk will call the roll. >> [calling roll]
▶ 1:32:30Chair: Nomination will be favorably reported to the floor. No, I'm sorry. The clerk will call the roll. >> [everyone saying aye] >> aye by proxy.
▶ 1:33:00Chair: >> [more ayes]
▶ 1:33:30Chair: The ayes have it. >> [calling roll, all aye]
▶ 1:34:15Chair: It will be favorably reported. Before you disband, I'd like to have everybody was here know that what happened here today is no different than when democrats cut off debate on judge chris you be and judge lee against republican protest to continue debate in november of 2023, and on that mark out they were not offered the opportunity to speak on those nominees.
▶ 1:34:45Chair: Chairman durbin ordered the vote, just like the obstruction we saw here. I ordered the vote this time. So this is not unprecedented, either the actions of the minority walking away or what we did here as the majority. It's happened before, and we have to move things along. I thank everybody for participating. Meeting adjourned.