Transcripts For CSPAN Asst. 20240705

To order. Without objection, the chair is authorized to declare a recess ny time. We welcome everyone to todays hearing on the department of justice Civil Rights Division. With that, we will have the pledge of allegiance. ■m arizona lead us in the pledge of allegiance . Our colleague, mr. Biggs marzano will be able to participate in the hearing today for the purpose of questioning the witness. If a member yields him time for that purpose, i will now recognize myself for an opening statement. Thank our witness for being here today. The Civil Rights Division is responsible for the enforcement of civil rights statutes enacted by congress and related constitutional guarantees. Rt. I too, in a previous life served in the department of justice, having served as special assistant United States attorney in the Eastern District of texas. My job there as the witness and my colleaguekn was the chief of police in sweetwater texas. His job was to equally enforce the law. My grandmother was the first woman elected county clerk in nolan county, texas after my grandfather passed away from cancer. When my dad was seven years old, his job was to equally enforce the law justice is blind and we must follow the facts wherever they may take us like all components of the Justice Department. The civil rightshe same equally enforce the law. Unfortunately, under the Biden Administration, this has not always been the case. Civil Rights Division has fixed its ght, for example, on those charged with protecting us. Police departments often ■[harassing these departments to the point that they cannot do their jobs. There have been a series of investigations, minneapolis, louisville, phoenix, mount vernon, new york, Louisiana State police, new York City Police department, special victims division, Maryland Department of state police, worcester,chusetts piceenton, n, mississippi 11 times. Over the last two years, weve seen a significant disparity. There are just a few examples of how the doj Civil Rights Division has targeted those who protect our communities. ■o ances meriting review but in the midst of rising crime , plummeting Police Recruiting , open borders, mountains of fentanyl. Doj is prioritizing investigatns size these departments. Under President Biden doj has opened 11 pattern or practice investigations in the Police Country compared to just one under the previous administration. This combined with fairly radical views that well talk about with the witness earlier about defunding the police in the past, which raises concernsh investigations, especially at a time when police are demoralized , following the defund the Police Movement and crime wave that is followed. The divisions activities have also too often amounted to using the law to advantage or disadvantage certain states and example, the freedom of access to clinic entrances or face act prohibits threats of force obstruction of Property Damage intended to interfere with the Reproductive Health this law protects abortion clinics, Pregnancy Resource Centers and houses of worship alike. However, the divisions of prosecutions under the face actd prosecuting face act violations involving abortion clinics, particularly a situation involving mark ha who was charged de act for protecting his young son from a belligerent abortion activist, on may 2nd 2022 a draft copy o dobbs v. Jackson Womens Health organization was leaked to the press. This leak gave rise to widespread demonstrations and attacks on prolife facilities. In fact, following the leak, more than 100 prolife facilities were vandalized or damaged including by arson. 218 catholic churches have been attacked since the Dobbs Decision was leaked according to catholic vote. According to the Family Research council, there are 57 pro a acts os from january 22 to september 22. And in the First Quarter of 23 of fiscal 23 there were 69 incidents of hostility toward churches. In the face of this increase, you would expect the Civil Rights Division to step up and protect the civil rights of these americans. But there was not. In 2022 the department brought 26 prosecutions under the face act. All of them involved alleged incidents at abortion clinics. In 23 the department hasecutionr individuals in florida who spray painted threats on Pregnancy Resource Centers in the state. This marked the first time in American History that the face abortion protesters. This questionable use of resources is further illustrated by other activities of the division. In 2021, the department began a lawsuit against the state of georgia alleging a new election law was enacted with the purpose of denying or abridging the right of black georgians to vote ar color. The problem is thats just not true, and the courts decisions in that case today to borne that out. Recently, the court refused to block several provisions of the law while the litigation continues. Notably, the court found that the department has not shown that any of the provisions have a disparim on blk voters. Quite simply the facts on the ground do not match the allegations in the departments lawsuit. While the department is devoting resources to this politically motivated lawsuit is missing in action when Constitutional Rights are violated. In september of this year, new mexico governor Michelle Lujan grisham issued a Public Health order banning the otherwise lawful carrying of firearms in certain jurisdictions in the state. This order was plainly unconstitutional under the second and 14th amendments in the Supreme Courts precedents. Despite this plain violation of american rights, the Civil Rights Division was nowhere to be found. An advocac■e■ y group,ot the department had to bring a lawsuit to overturn the order. The division failed to file an amicus brief or even a statement of interest to protect americans Second Amendment rights. Department appears to be standing idly by while Jewish Americans have their civil rights violated by radical pro Palestinian Protesters since hamass cowardly october 7th attack in which it murdered kidnapped babies. , women and■zs7 rampant anti semitism has reared its ugly head on American College campuses and throughout major american cities. Just this weekend, pro Palestinian Protestersntested oe of goldie, a jewish owned falafel restaurant with a location less than a mile away from Independence Hall where the declaration of independence was signed. The Division Must return to the nonpartisan work of protecting the rights of all americans. I would note that there is an ongoing list oanti sitic threats and violence throughout the west, anti semite spray montreal jewish schools and bullets attack some aipac president s home in l a investigateds te cri. Burbank Police Search for a suspect that spray painted schwa swastika on synagogue benon hell Jewish Center at the university of florida vandalized with antisemitic graffiti. Student arrested for anti semitic threats of murder and rape. Fbi investigating after synagogue desig with antiisrael anti semitic graffiti. Thats eight of literally pages of examples of anti semitic act. And it is notable that there has been basically silence. So it is true, the Division Must return to the nonpartisan workot it favors, i look forward to hearing this morning how that will happen. ■v■hmember, the gentlewoman from pennsylvania ms. Scanlon for her opening statement. Assistant attorney general clark, i wa■■ntis very important oversight hearing to help the committee and the American Public understand the Critical Role that the Civil Rights Division of the department of justice plays in protecting the fundamental rights and freedoms of all americans. This hearing is particularly important since your predecessor refused the committees request for an oversight hearing amidst the Trump Administrations efforts to weaponize the way that was unprecedented in the history of this great nation. Under that administration, we saw members of the department o personal attorneys, repeating election disinformation, wiaw and reversing course on decades of work to ensure that Law Enforcement agencies protect the rights of all americans. And of course, under that administration, we saw the normalization of hate speech,zo chaos and political violence, which is tearing apart so many of our communities today. Thats why its so important th we unrstand the Critical Role of the department of justices Civil Rights Division in combating civil Rights Violations and securing our fundamental freedoms and what Congress Needs to do that mission at this time. Its worth remembering that congress explicitly created the the Civil Rights Act of 1957 tof protect the Voting Rights of black americans and other minorities. The very genesis of the Civil Rights Division was rooted in the federal effort to protectige belief that in a democracy, the s and freedoms ultimately rest. These core civil rights and freedoms include the right to cast a vote in a free and Fair Election regardless of race, the right nation in employment, housing, and education, and the right to be free from violence based on hate. How the Civil Rights Division has renewed its commitment to these principles under its current leadership. Nistration, we saw the Civil Rights Division abdicate its responsibility to enforce many Voting Rights and other civil rights protections. So im heartened to see a renewed focus by the division on ro enforcement. Understanding that the right to cast a vote in a free and Fair Election is the foundation of all other rights. I appreciate the divisions renewed s , taking action in over 40 Voting Rights matters since january 2021 ranging from voting related Enforcement Actions to numerous private Enforcement Actions including two in pennsylvania. But we continue to need vigorous enforcement of the Voting Rights act as weve seen a tsunami of restrictive voting laws enacted by states over the past three years with the potential to im of course, much of this legislative activity stems from the Supreme Courts erosion of the Voting Rights act of 1965 beginning with Shelby County versus holder and continuing with bravano. Bravanovich versus Democratic National committee. Resource intensive for of the Civil Rights Division and other Voting Rights act plaintiffs to prevail in Enforcement Actions. But there is a solution, of course, that is that Congress Must act. Congress must respond to these mithe Voting Rights act and updating the guardrails of our democratic republic to respond to 21st century threats. We must pass the john r. Lewis Voting Rights advancement act, which would reinvigorate the Voting Rights act and ensure full funding for the civil loy more resources to enforce Voting Rights protections. The Civil Rights Division also bears responsibility for enforcing federal hate crime laws. Time when over the past seven years, weve seen an explosion of hate speech and political violence, whether directed towards racial or ethnic minorities, women and lgbtq plus persons or members of religious groups, all across the country. Communities have been impacted by hate incidents as theyve trended upwards. Statistics compiled by the fbi show that last year even with imperfect reporting, law over 11,000 hate crime incidents, over 59 of those victims were targeted because of their race or ethnicity. Another. 3 were based on their religion and another 17 were targeted because of their sexual of course, in the charged environment surrounding hamas terrorist attack on october 7th and israelis, israels military response to the attack. Weve seen increasing reports oa , including incidents of potential hate crimes. Also for decadesayed an Important Role in helping Law Enforcement agencies to keep their communities safe and uphold the rule of law while ecl citizens. One of the tools for doing this is to work with communities to address patterns and practices of violations in Law Enforcement, a tool that was abandoned by the Trump Department of justice. I look fog what progress has been made in this area again. Thank you, assistant attorney general clark for being with us and updating us on the work of the division and what Congress Needs to do to assist the division in that work. Thank you. Yield back. I now recognize the Ranking Member of the full committee. Mr nadler for his opening thank you, mr chairman. I would like to begin by thanking hisistant attorney clark for appearing before the subcommittee today. Unfortunately it has been several years since we have had the opportunity to question the head of the department of civil righivRights Division because general clarks immediate predecessor during the Trump Administration never appeared before us. In ant blame the department for its eva evasion at the time because back then, it had nothing good to report to us as it practically abdicated its responsibility to vigorously enforce our nations critical im pleased however, that under the Biden Administration and under assistant attorney general is once again taking its roleion seriously. That means protecting americans from a nationwide effort to undermine the right to vote, working with local communities■e patterns and practices of unconstitutional conduct in Law Enforcement agencies, addressing the disturbing rand combating discrimination in all forms, whether it be in employment, housing, education or elsewhere. On all of these Critical Issues and many others that impact millions of americans, the dedicated staff of the Civil Rights Division works tirelessly to ensure that all americans regardless of their race, religion, national origin, disal orientation are treated equally under the law. Thank you for your efforts in leading this vital department. Excuse me. And top of mind for me today is the recent rise in anti semitism and the general rise in hate crimes and other forms of illegal discrimination that has transpired over the past severa■ according to the most recent data compiled by the fbi for the year 2022 and the testimony of federal law enforcemen■jt officials, theres been a significant documented increase in antisemitic hate crimes and discmicording to fbi data, even before hamas brutal terrorist attack on october 7th, mitism was on the rise. In 2022, there were 2042 reported incidents based on religion and more than half of these were driven by anti jewish bias. During recent testimony before the senate fbi director Christopher Wray stated that the threat of antisemitism quote is reaching in some way sort of historic leveld was in part because the Jewish Community is targeted by terrorists really across the spectrum, including fored domestic violent terrorist extremists. Director wray went on to say that the fbi sf tatisticwoulgrot represents only about 2. 4 of the American Public, Jewish Americans account for Something Like 60 of all religious based hate crimes, but it is not just the jewishomis experiencing a rise in hate in the weeks since the october 7th attacks, there have been tragic incidents of islamophobia and anti arab hate across the country, including the recent shooting of three palestinian American Students in vermont and the murder of a six year old and unfortunately, hate crimes rooted in race, ethnicity or ancestry continue to remain the most common. Co there were 6557 reported race motivated incidents in 2022. Mbek incidents was more than three times higher than the next highest racial or ethnic category. Additionally, fbi data also shows a disturbing trend of increasing instances of violence against the transgender and gender non conforming community. As we all know, while statistics can help problem, they cannot fully convey the damage that bias motivated crimes inflict upon our communities. General clark, i cannot emphasize enough how vulnerable the Jewish Community in america is feeling at this moment especially now that the october , 7th attack appears to have led abroad. And they know without a doubt that every other community i just mentioned shares that same sense of vulnerability following similar hate motivated crimes. If unaddressed, hate crimes send the message to every member of a community that you are not a real person and therefore are undeserving of the laws protection. Addressing that feeling of vulnerability is of course the point of hate cres e to provide not only justice for the victim but for the entire community. So im heartened to hear that Rights Division has brought over 100 hate crime related cases and secured numerous convictions , including against the buffalo, pittsburgh, and el paso. That is why i also bell for cone sufficient tools and resources to the Civil Rights Division so that it can effectively address this rise in hate as well as to carry out its mission to remedy illegal discrimination in voting, employment, education, public accommodations and government funded programs and services. ■s in that vein, if i may general clark, i would offer a few words of advice to you and to those members of the public who may be following todays hearing. Dont be distracted by the reican sideshow, fueled by their conspiracy minded allies in their conservative Media Echo Chamber of which we have already heard a preview today. Under your leadership, the Civil Rights Division is properly focused on the enforcement of rights that are essential to the functioning of our diverse democratic society. Attacked with impunity because of your religion, denied the right to vote because of your race, fired from your job because of your sex, or prohibited from receiving an education because you are transgender, the fundamental rights and values enshrined in the constitution are not worth the paper they i look forward to our distinguished witnesses testimony and i yield back the balance of my time. I thank the Ranking Member for his statement. Without objection, all other we will now introduce todays witness. The honorable kristen clark, ms. Arrights. She was sworn in on may 25th, 2021. We welcome our witness and thank her for appearing today. We will begin by swearing you in. Would you please rise and raise your right hand . Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge, information so help you god. I do. Thank you. Let the record reflect that the witness has answered in the affirmative. Pl nthat your written testimony will be entered into the record in its entirety accordingly. We ask that you summarize your testimony. Ms. Clark, you may begin. Thank you. Good morning, chairman roy, Ranking Member, scanlon, uh distinguished members of this subcomittee. Thank you for the opportunity to appear before you today. Protecting civil rights is essential to the department of justice. In fact, the department was created in 1870 in part to confront the ku klux klan and others who used terror and violence to prevent black people from exercising their civil and Constitutional Rights. Nearly 100 years later, Congress Gave new energy to this work by enacting legislation that established the Civil Rights Division and empowered it to protect the civil rights of every person in america. Our work remains continue sadly, to see acts ofnd discrimination in many aspects of life. The division combats these harms by enforcing the constitution and the protections enshrined in law by congress. We work to ensure that every eligible american has voice in our democracy by confronting tiwe work to advance equal opportunity in employment, housing, education and more. We safeguard the rights people with disabilities and we defend the civil rights of those who defend our nation in the armed forces both past and we work to vindicate the rights of Sexual Assault survivors and people who experience Sexual Harassment on campuses and workplaces, in housing and in jails and prisons. Wrcement personnel carry out their jobs lawfully and without bias. This work includes prosecutionsr power, including officers tied to the tragic deaths of george floyd in minneapolis, Brianna Taylor in louisville and tyree memphis. Work that has particular urgency today is our response to bias motivated violence. Fbi data show that reported hate crimes are at the highest level in more than a decade. Black people remain the group most frequently target by hate crimes, and crimes motivated by anti semitism, islamophobia anl orientation or gender identity have also climbed in number in the we devastating october 7th attacks in israel and ensuing violence in the middle east. N an alarminn acts of hate in our neighborhoods, on our campuses, and in our streets. Know that too many communities are living in fear and weve all seen the horrors that result from hate. The charleston nine, the el paso 23, the tree of life 11, the buffalo 10, the club q five, the each of these tragedies offers a bleak testament to the death, pain and trauma that can flow from bigotry and hatred. And so the divisions top priority is to investigate and prosecute unlawful acts of hate. Since january of 2021, the division has charged more than cases for committing hatean 95 crimes. And during that same period, we obtained more than 90 convictions. For example, the division secured a guilty verdict against the man who killed 11 people and critically wounded seven others at the t the division also secured a conviction of the man who killed 23 and wounded 22 more at axas victims targeted because of their hispanic identity. And we secured convictions of the racially motivated killing of Ahmaud Arbery in georgia. Hate crimes are message crimes. The perpetrators not only target their direct victims but also seek to instill fear in the victims community. But our prosecutions send a louder and more powerful message that hate crimes will not be tolerated in our democracy. That perpetrators will be punished and held accountable , and that the communities targeted will be safeguarded by the federal government. As i close, i want to recognizec servants in the Civil Rights Division who carry out this critical work. Their commitment inspires me each day and im honored to her. Thank you and i look forward to your questions. Thank you, ms. Ark. We will now proceed under the five minute rule with questions. The chair will recognize myself for five minutes. Ms. Clark, in a june 2020 op eds that have made African Americans more vulnerable to Police Violence and contributed to mass incarceration while investing more in programs and Police Policies that address critical commit since that time in summer of 2020 there have been significant drops in recruiting policeicante of morale dropping for our Police Officers and communities across the country. Simple statement, do you stand behind that statement in the op ed that you wrote in the summer of 2020 advocating quote for dending Police Policing operations. Microphone, maam. The Justice Department fully supports funding and supporting our Law Enforcement. Than that. I mean, you penned it and you are the head of the Civil Rights Division and you penned the op ed in the summer of 2020 in the middle, in the midst of significant unrest around the country where our Law Enforcement community was on them. And you wrote, i advocate for defunding policing operations. Do you stand by that statement . Ive not advocated for defunding Law Enforcement at the Justice Department. We allocate millions of dollars by way of our office of justice programs, cops office, office of violence against the time to answer on the question. The question is just simple. You wrote that statement. Do you stand behind that statement or do you now repudiate that statement. I have not advocated for defunding Law Enforcement , Law Enforcement officers do each day to keep us safe and believe its important that they have the resources to carry out their jobs. Well, importantly, black americans make up 36 of Violent Crime victims,utlation. Do you think defunding the police as you wrote in an op ed in june of 2020 . Do you think defunding the police makes African Americans black community more vulnerable to violence . I support ensuring that Law Enforcement have the resources and support needed to carry out their jobs. Public safety is a top priority for all of us. I would note that the city of austin and the Travis County das office sent you a joint letter just i think yesterday or maybe the day before announcing that 17 of the 2auin polic■n alleged Excessive Force violations between may 29th and may 31 in that summer of unrest were cleared. We had 17 law Law Enforcement officers who were indicted by the local da and then they were ddenly clear, t then they sent a letter the same day requesting that the doj Civil Rights Division investigate the Austin Police departments. Despite the fact, the Austin Police department had been a model for the department of justice how to engage in the use of force. My question for you is will you investigate the District Attorney for having indicted 17 Police Officers and then suddenly walking away for a political safe phasing rather than investigating the police department. Im not aware of that correspondence. Im happy to look into this matter. I would look forward to working with your officeo it is extraordinarily concerning. In your written■ozn testimony, u mentioned the doj has prosecuted face act violations involving both abortion providers and Pregnancy Resource Centers. Can you tell us how many face act cases have been filed since it was enacted in 1994 . So the freedom of access to clinic entrances act is an important law. We apply it evenhanded. I dont have statistics on the number of cases since the laws passage. Would it surprise you that the data i have says that its been brought 130 times since 1994. Because then my questioned in df abortion providers or in defense of proabortion activists versus how many face act cases have been filed in defense of prolife americans or churches that have been attacked . And i wonder if you know the date on those . Well, i believe uh in outreach and have been aggressively conducting outreach to all groups so that the public understands that the face act applies to both prochoice a and i will flag for you, an, that we recently had january in against two florida residents for spray painting threats on pregnancy resource resource centers. And i certainly, i certainly s i have are outyou all did of 130 uses of the face act since 1994 126 were for pro abortion activists and for in defense of abortion providers and four have been for prolife. And i think that was one of them in january. Id let you respond to that and then i am out of time. While i cant speak to what happened in prior administrations. What i can assure you is that the division is committed to full and evenhanded enforcement of this important federal law. Thank you, ms. Clark. Mr. Cohen. 4 thank you for coming before this committee and thank you for your work and dedication to seeing that the constitution is properly protected and that people are given the rights that are extended there from. Can you tell me some of the things that you have done and the Justice Department has done to improve citys capacities to fight crime, which is a serious issue in this country today and particularly in my city, memphis, tennessee. Yes. K you for the question. Congressman, Public Safety is an important priority for the Justice Department and for our attorney general. My colleagues in the criminal division, a sister component recently launched an initiative in your city of memphis to deal with Violent Crime while i cant speak to that initiative. What i can assure you is that this Justice Department is committed to partnering and working with jurisdictions and officials to ensure Public Safety. And thats a National Program that started in ing to go to ots as well. I believe thats correct. Thank you. And i appreciate memphis being in a red state. Youre coming and helping us with this great problem. Civil Rights Enforcement and the Voting Rights act and the americans with disabilities are r issues. What exactly is the department of justice doing to enforce the voting right i know weve seen some actions in alabama and in louisiana and maybe in another one of the southern states. What have they done there and on disability rights as well. So, congressman, i started off my career at the Justice Department as a Voting Rights lawyer. And what i can assure you is that the Civil Rights Division remains steadfast in ensuring that were using the Voting Rights act, National Voter registration acthelp the uniformed and overseas citizens absentee voting act to ensure that every eligible american has voiced iny. Were filing lawsuits. We are filing statements of interest in thirdparty lawsuits to help guide the courts on the appropriate interpretation and application of the law. And more, but we are without one of our most powerful tools given th . Spension of the section five preclearance provision following the Shelby County alabama versus holder ruling. And don disabilities . Enforcement of the ada is a hallmark of our work in theeveo ensure that people with disabilities have access to jobs , hoing. Re also very mindful of the barriers that people face when comes to web access. And so again, through litigation, through guidance, through Technical Assistance and providing service to the public by way of ada. Gov and more, we are fighting to stand up for people with disabilities across our country. Thats so important to give everybody an opportunity to have being an impediment to that. Then the Justice Departments actions are great. Section five was eliminated by the Supreme Court. Section two is alive and it has been used and used well, even though sometimes its late and it takes time. Now thereth circuit where theyd that only the government can bring a case under section two of the Voting Rights act have most of the cases that have been two brought by individuals or by the government . And if it does come out that that is upheld by the Supreme Court or rule that its a proper interpretation of the Voting Rights act and the constitution, what will that do to the Voting Rights enforcement in your enforcement in your division . While the Justice Department takes seriously its obligation to enforce section two. No doubt, private parties, no central role. Supreme court precedent, legislative history and decades of work in the courts have long made clear that private groups■n under section two of the Voting Rights act. We weighed in in this case in the eighth circuit and well continue to watch very closely whats playing out here. Most of the cases brought under section two, have they been brornment . Have they been brought by private litigants . The raw numbers probably show that the sum total of work by private groups has been larger larger. Private attorney generals. Thats right. Critical role working alongside the government to ensure that every eligible american has voice in our democracy. Thank you very much. And while i know your shoes are more difficult to walk in than john lewis, you are walking in john lewis shoes and i hope at u will remember that and continue to enforce Voting Rights. I yield back the balance of my time. Thank you, congressman. Thank you, mister cohen. I will now recognize the ■7 pgentleman from california, mister mcclintock. Thank you, ms. Rk, because im sure youve surmised the concern of many of us here involves the unequal application of the laws based on the political or ethnic identity of those who the chair cited. Many examples involving everything from acts of violence against prolife clinics, to anti semitic hate crimes. For example, the law is only so what can you tell us to address these concerns . Thank you, congressman. I believe wholeheart the division, the entire department is committed to evenhanded enforcement of the law. We follow the facts and we apply the law. When it comes to hate crimes, semitic violence and standing up to antisemitic hate crimes is a top priority. What you say and what you do seem to be very different things. For example, how many prosecutions is your division initiated against violence and vandalism by antiabortionist groups such as janes revenge antiabortion clinics as opposed to the other way around . The chairman cited 126 prosecutions against prolife s under the face act . Are these numbers correct . And if they are, how do you well, i cant speak to prior administrations. What i can tell you is that in this year alone, weve had indictments in january and march. Well, how many, how many prosecutionsur have been initiated against prolife groups . And how many against pro a abortion groups . ■ d two examples from im looking at the entire totality of what youre doing. I what are the actual numbers in totality . Well, those are, those are two sets of inctments. Youre not working every, let me go on. How many prosecutions is your division initiated against hate crimes directed against the Jewish Community as opposed to those . Christop wray said so i guess my question would be are 60 of your gibased hate crime prosecutions been in attacks against Jewish Americans . Our tree of life prosecution, im looking at the totality. Im not interested in your cherry pickingne case that youve pursued. I want to know what is the total amount have 60 of your prosecutions been directed hate crimes directed at Jewish Americans. I can, i can provide, i can provide countless examples. For example, i want, i your prosecutions been against hate crimes directed at Jewish Americans. Yes or no. I dont have the precise number but countless examples. L us whether you are being candid in, in the relationship between what you say and what you do. Another concern is that the Civil Rights Divisions perceived resistance to Supreme Court decisions forbidding universities from discriminating against applicants based on their race. For fair admissions case, you called this a dog whistle that could invite a lot of chaos and unnecessarily create hysteria among colleges and universities who may fear thathe to maintain diversity on their campuses unquote. Well, once the Supreme Court spoke clearly on this issue, your division released an advisory to universities telling them how to violate the law by quote, linking students applications to their race. Is the administration bound to obey the law or is it not . Yes, congressman. And how do you explain at memo . We follow and abide by the rulings of the United States Supreme Court. Yr memo speaks to that. I mean, can you at least see how such a memo could be viewed as open defiance to the authority of the Supreme Court and the rule of law . We, we comply with the mandate of the Supreme Court , congressman. But youre not. Finally, how do you see the separation of jurisdictions between local Law Enforcement agencies and federal Law Enforcement . You believe the federal government should defer to local Law Enforcement agencies . Well, we collaborate and work closely with local and state Law Enforcement. The tragic killing of Ahmaud Arbery is one example. The state of georgia did not have a hate crimes law on the books at the time that mister Ahmaud Arbery was tragically killed. Our federal hate crime prosecution here was important. But every day we work to. How often do you defer to local often. We have limited resources and rely on local and state governments to do their part in ■renforcing the law. Thank you. Thank you, gentlemen from california, recognize the general lady from texas ms. Escobar. Thank you, mister chairman, assistant attorney general clark. Thank you so much for being here today. Your testimony and yourv vil Rights Division for the incredible work you all did prosecuting the selfproclaimed White Nationalist who drove to my community in august 2019 to massacre latinos and anyone whoo looked like an immigrant per his confession. It was a very challenging trial for the communitto relivthe trauma and that horrific event. But im very grateful to the department for the work that you all did to ensure th m community received justice and all the victims and families receive justice. So i want to thank you for that. I have raised the issue before with your department about my state, the state of texas and governor greg abbott. And the way that he is engaging specifically in border communities like my own and operation lone star is, is has been a project of governor created some chaos in border speed chases by dps that result in fatalities and significant Property Damage. But there are other violations as well. Racial profiling, due process violations, unlawful detention of migrants without charges being filed and i could go on and on with the impact that operation lone star has had in texas. Ms. Clark, will you commit to a review of whether federal Funding Sources are being used to support operation lone star and whether such support violates the Civil Rights Act . Operation lone star and um yes, we, we, we, we can commit to doing that. Wonderful. Thank you. We have there is a growing group of legislators, policymakers, not just in texas, but outside of texas sounding the alarm. So i really appreciate that. If advocates, members of the public or migrants themselves perceive a federal civil rights violation inflicted by a texas public official under operationd lone star or otherwise to whom at the department of justice should they report this to . We encourage the puic to bring forward complaints about Law Enforcement misconduct to the fbi. The Civil Rights Division works closely with the fbi to investigate allegations of misconduct. I also want to sound the alarm about a new bill that was passed by the texas state legislature. Sb4, and sb4 is essentially texas efrt creation of a new state level in immigration law. I believe, and many civil rights advocates believe isilthat is hd that it is unconstitutional. Are you aware of sb 4 in texas . Very generally, and im happy to take a closer look. Thank you. I think its going to be really important. Im not sure if the government, governor has signed it yet. We have urged the governor not to sign it. It is pretty brazenly and blatantly unconstitutional. This law in particular. F but if there were such a law that usurped federal immigration law, what could we expect from the department . When we identify violations of the law, we prosecute just by way of example, congresswoman , earlier this year, we indictel for engaging in misconduct. So we take seriously these allegations and where the law authorizes. We will prosecute. In terms of a state though, if a state legislature and a governor pass and sign a law that is blatantly unconstitutional what would the , department do . If appropriate, we could file suit, challenging the constitutionality of the law. But here, we would have to, we would have to lo more,osely and. Ok. I welcome that review and that scrutiny. Thank you so much, mister i think the gentlelady from texas, and outniarolina. Mr. Bishop. Ms. Clark in the biden v. Excuse me, the missouri v biden the court explained quote, if the allegations made by the plaintiffs are true, the present case arguably involves the most massive attack on free speech in United States history. Close quote. The urt nt on to find that the plaintiffs were reasonably likely to succeed on the merits at trial entered a preliminary injunction. The fifth circuit has affirmed Supreme Court has taken jurisdiction of the case. Of course, thats all civil litigation. Is any criminal investigation or prosecution of the persons responsible for that activity in the fbi, cisa and at the white house and their coconspirators underway in the l division . Congressman, im not familiar with this litigation but happy to bring your question back. Let me make sure i am understanding that. cyou are not aware of the missouri v biden litigation that is currently being taken up by the United States Supreme Court. Is that correct . Unfortunately, i am not, congressman. Assuming not, assuming that youre not aware of that. What reason would there be that the Civil Rights Division of the Justice Departments leader is unaware of what a United State District Court has described as the most massive attack on free speech in the United States history . If you could share more of the facts that could be helpful, congressman. Otherwise youre just, you just dont know. Is that cots correct. Unfortunately, this does not appear to be a case that im familiar with. Good enough. Im gonna yield the balancof■2. So i find be astounding. I do want to follow up on the line of question with the gentleman from california with respect to the face act implementation. Because, ms. Clark, you, you dismissed saying, well, i cant. Whose time are we doing now . Its my time. I just wanted to point out that there have been at least 35 cases of the face act being applied to prolife groups and, or churches or, you know, prolife people that are anti abortion in your tenure, not even counting 2021. Thats the data from 2022 and 2023 versus the four that we can point to, the one that you point to in january. So the point gentleman in california, i would just ask you, youre in your possession of your hands. You had a foia request that cer investigative reporting. Weve been asking for a copy of that foia about the prosecution levels and the numbers from your office for a long time, i think for almost a year and weve not beou commit to sharing that foia request and all of the data of face act prosecutions specifically under your watch. Absolutely bring this back to the divisions foia officials and ensure that you receive a timely response. Please know that the division id enforcement of the even under your watch, its at least 35 to 1 or two that is not evenhanded. Thats far from evenhanded and importantly, mark halk who was targeted, had a raid of his home prosecuted under this was acquitted by a jury. Have you apologized to him on behalf of the department of justice for that grave violation of his civil rights . Having his family have to watch him being rat ederal jury . Have you apologized to him . Ll, we follow the facts and apply the law. That is our job and we welcome opportunities to engage with other prolife groups that may the answer to that is no. I thank the gentleman for yielding. Im im like, i think every member, at least on this side, but i would think every member, anyone watching it just astounded that you are not familiar. The assistant attorney generalut familiar with a huge case, missouri v. Biden, where in that case, i think it was six different federal agencies were found to be guilty of violating the first hhs, and iad, f, dhs, even the white house itself. And you are not familiar with. That is truly and frankly, i dont know what i think thats why the gentleman had time to yield back because he didnt kn that that is, its in front of the Supreme Court and the head of Civil Rights Division doesnt know is that is, if that doesnt in and of itself show that this Justice Department is political in doing things forca. I do not know what does. I yield back and i appreciate the gentleman is question. I think the gentleman from North Carolina and ohio. The lady from vermont is now recognized. Thank you, mr. Chair, assistant attorney general clark. Thanks so much for being here. And i wanted to start by just personally thanking the Justice Department for its work rd pittsburgh on october 27th, 2018. As you know, this heinous act of semit 11 Jewish Americans. And i just want to thank the doj for all the work there. And its clear that anti semitism and islamophobia is um tragically on the rise both around the globe and here in our own country. D ome state of vermont is not immune. In burlington over thanksgiving , three Young Palestinian americans were shot as they hashem, kenan, and tassin spoke a mix of arabic and english and two wore traditional kafi. And although the investigation will determine whether this horrible crime will meet the Legal Definition of a hate crime, we know and i say we all vermonters know that this was a hateful act. Now, this act of violence is, is part of a disturbing and fr and all of us need to remember that we have a part to play in standing with and speaking out against our violence against our muslim neighbors. And recently attorney general atf are investigating the incident, including whether the attack constituted a hate crime. Now, i know that you cannot discuss specifics of the work, but im wondering if you can Civil Rights Division work as it relates to the investigation of hate crimes. I think vermonters would love to know . The Justice Department in particular, the fbi and atf are currently working with local and state Law Enforcement and looking into this very, very tragic matter. We have been incredibly vigilant since the october 7 tragedy that has unfolded in israel and in the middle east. Anti semitic violence, islamophobic violence and e targeting of communities perceived to be jewish or muslim has no place in our society. We will take seriously investigations of threats of and prosecute where appropriate. And so have you seen an increase in actual or potential antisemitic or islamophobic incidents since october 7th . We have engaged with many organizations, jewish organizations, muslim organitis, af whom are reporting that they themselves are seeing an uptick. We rely on the fbi data which comes out annually, but from groups makes clear that this is a moment that requires vigilance on the part of the federal government. J and so that is what we are doing. And a followup, what steps specifically is the Civil Rights Division doing to keep jewish folks know how to investigate and report hate incidents and jn this is an all hands on deck moment. We stand for and behind all communities are being attacked by hate. What measures are being taken another topic what measures are being taken t combat discriminatory practices in gender care . Live seen a number of states to have adopted bandsgender affg care. We are very wary of the fact that i just just noted in a ruling that discrimination against transgender people is discrimination based on so we bought we brought lawsuits against some of the discrimination discriminating access against transgender youth. Thank you. I yield back. I now recognize are you sure you do not know anything about that case■n ab. . Did you read the opinion from louisiana or the fifthcu it is Division Case which is mr. Bishop asked you said you did not know when think about it . I appreciate the opportunity to clarify. The Civil Division is handling this case and are compliant with the courts these are pretty fundamental rights, that is something you do not believe absolutely. That is a bedrock principlelet let me cut what about politics . Politics have no place there was a 30 day ban on carrying a concealed firearm on albuquerque that albuquerque sits in. What did the justice ddo when tr from new mexico . I am generally aware of the guncontrol is not a core issue Second Amendment,o v these ay important. These are very important. Tell me what the government i am happy to bring the question back. You dont know that either . You dont know what they did in response . Unconstitutional, unenforceable and incapable of stopping gun violence. The attorney general, a and does not pass constitutional bluster. When the attorney general says it does not fit the constitution ■qbut the doj does not do a thi, is that what youre telling me . Politics have no place in the work of the ju are you aware of anything the Justice Department did to that . Not ie cirits qdepartment l Justice Department. Did the civil Justice Department do anything . I wont bring that back to my colleagues i will give you the answer, they did not do anything. They did not do a thing. That gives you the answer from earlier. It shows you help clinical you are. When texas passed that bill in september 20 e justice announced something into that bill. Help me pass that you guys are in there contesting that 8 days later. You guys have something in new mexico. The government. It did not go to the legislator. The department of justice does nothing. The Civil Rights Division is deeply committed to enforcing the laws that this body gave us. Committed to standing up for am, chairman. Based on some of your answers, not knowing what is on missouric v. Biden. ■ why we are concerned. You asked previous questions t the texas law. You said that you guys, the Civil Rights Division, you can file a lawsuit. In the case to determine is talking about. You guys did not participate in that. Do disregard Second Amendment rights bs do you guys disregad second amend rights, and if they do important enough for you guys to get involved in . I understand the order was within two days of entry but i wantar that gun control is not an area that the Civil Rights Division under any division does not historically work it is important. The Second Amendment is an important part of our constitution. Just an important followup, rights. Saying that the weighing in on Second Amendment, gun control issues across any amendment has■ aspecr work. E are trying to tie in our ideals and equal justice and law. Thank you for being thank youd Public Service for all people. I was excitedour nomination and confirmation into this role. I do believe youre doing your besto the cause of justice inside the government. From the front line to congress, want to say thank you for your work. Think the department, from what was said in september, can do more to advance civil rights in the room of law. These are systemwide and pratthe lawenforcement and misconduct in federal rights, correct . That is correct. I strongly believe the actions of georgia Law Enforcement involving the as it is also known as cop city in relation to violations of civil rights. Atlanta, can happen anywhere in the country. We need the doj to do your part in preventing that from happening. The lot makes it sure that funding do not age in this vital lot makes it sure that the funding does not engage in any discrete nation. This involves the killing of michael brown. I was glad to seeannouncement it enforced these provisions. Ive yet to see any meaningful progress by the departmentdo yoe committee about the departments implementation of these commitments. Hn if i could flag one area, it would be found extraordinary compliments and title vi to stand up for communities that are beleaguered by environmental injustice problems. ■housexalabama, these are two es of places where we have for the first time used title vi, and areas that have disproportionately and balanced and brown communities. Issue is about conditions in prisons and jails. I have been demanding answers about the horrific conditions in the justice center. I know your team has investigated of jails in South Carolina and elsewhere. I would love to speak more about this with you. We must not forget about the humanity of people incarcerated. Weute our way into justice but the Civil Rights Division is the crown jewel of the department and for good reason. I know there are people law to stop discrimination instead of enabling it. To stop Police Brutality and the to stop that relentless and inhumane attack on our lbgtq committeesthat is the work of tl rights committee. What you have done despite the efforts of the right wing s efforts to strip away our rights and land. We will not let them succeed. Thank yofo here and thank you for the work that you do and support of equality and justice for all. I am your ally in this work and i look forward to partnering with you. In our final few seconds plus, the last one went over, at the guy have more time. If theres anything else you would like to clear up . Not like to abandon their civil rights. The jailhouse issue you brought up. Violations of the civil rights incarceration act is important to us. You noted the investigation alsn conditions in georgia in juvenile detention facilities. Mississippi, new jersey, and more. Such an important area of enforcement for this department of justice Civil Rights Division. Thank you. I yield back. I would like to yield to you. One question and i will yield to the gentleman from arizona. In terms of jails and incarceration. Have you done any investigation how people have been treated in the jails in relation to the january 6 attack in d. C. . Matter that was brought to us by the core and we did respond to the judges. Have you launched an investigation into the treatment of those facilities and if you we have. I want to continue the conversation were having about new mexico. On to talk about disparity, it looks like it is 161 with people prosecuted 16 times to 1, since the dobbs case was leaks, there has been almost 100 centers, birthing centers, and churches. That makes the numbers even more disparate and increases the the perception of bias. You have said your job was to enforce the constitution, even handing enforcement and implying the law handling enforcement in applying the law. In texas, there was a question you were givena representative on the other side being upset because the legislator and governor in acton a lot that she felt was unconstitutional and the governor enacted a law that she felt was unconstitutional. ■ said, we could file suit. The reason i bring that up, when i asked you, and when the sking, did you file a statement of interest with the governor of new abridgment of the second rights of new mexicans of the county. Handgun outside of your home. We enforce laws that Congress Passes and enacts. After i heard that, we could file a lawsuit. Has congress enacted a law that would allow you to investigate on Border Security issues . No. Congress has not given the civ f firearms but you told us that you could file a lawsuit visavis of a state trying to enforce the border because they overrun. Are you telling me define some Statutory Authority for that . Only if there is a violation of federal that has input on the books that the division is tasked with enforcing. That would be a qualif what youre telling me is that the Second Amendment is directly being violated in such a way that you are, there was an injection immediately because my private action was brought and y aev nobody from the doj ever weighed into it. Youre saying you could not go forward with that i fthim sorrs time. For the and your article, the Prosecutor Says wherein it discloses that the individual shot at the Police Four Times before fire was returned. I yield back. Now yield stability from has a mania i will now yield to the lady from pennsylvania. Received some questions about the jail that we heard increasingly from any of our colleagues on the right. Since january conditions for decades before january 2021 . I cannot speak to formal findings. The more resources, we could do more. Weant prisons that comply with the constitution and the mandate of the institution. I would like to go to a Time Magazine article from 2022 entitled the d. C. Jail again decades before january 6 defendant started racing concerns. Thank you. Yes. Concerns had been raised for quite some time. In the wake of seems to be filled by the lies of the former president and other election deniers. These challengee nowiou■ t cost. They undermine confidence in our elections without grounds and they have cost taxpayers millions of dollars over time in legal fees, etc. We have also seen attacks on our ■sci particularly true in pennsylvania, the keystone state i live, a perennial battleground state. Been