A senator mr. President , i ask that the quorum call be vitiated. The presiding officer without objection. Mr. Gardner i ask that the senate be in a period of morning business with senators permitted to speak for up to ten minutes each. The presiding officer without objection. Mr. Gardner i ask unanimous consent that the Committee Requests at the desk be prescriptived in the record. The presiding officer without objection. Mr. Gardner i ask unanimous consent that the senate proceed to the consideration of s. Res. 487 submitted earlier today. The presiding officer the clerk will report. The clerk Senate Resolution 487 commemorating the 100th anniversary of the reserve Officers TrainingCorps Program of the army. The presiding officer is there objection to proceeding to the measure . Without objection. Mr. Gardner i ask unanimous consent the resolution be agreed to, the preamble be agreed to, and that the motions to reconsider be considered made and laid on the table, with no intervening action or debate u. The presiding officer without objection. Mr. Gardner i ask unanimous consent that when the senate completes its business today, it adjourn until 8 15 friday, june 10 8 15 a. M. Friday, june 10. Following the prayer and pledge, the morning hour be deemed expired, the journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day. Following leader remarks, the senate resume consideration of senate 29 s. 29436789 further that filing deadline for seconddegree amendments to s. 2943 be at 45 a. M. Tomorrow. Finally, that notwithstanding the provisions of rule 22, the cloture vote with respect to s. 2943 occur at 9 00 a. M. Tomorrow. The presiding officer is there objection . Without objection. So ordered. Mr. Gardner if there is no further business to come before the senate, i ask that it standers stand adjourned under the previous order. The presiding officer the Senate Stands adjourned until 8 15 a. M. Tomorrow. He is a bright guy. I am not saying that. But either he doesnt understand, because this is a realm in which he has never dealt before, or he doesnt care. The president has to use the great powers of the office to attempt to undermine a federal judge by placing pressure on that judge in any case especially one the president has, in this case, a personal financial stake. This kind of conduct is unprecedent unprecedent unprecedented. The Legal Profession should not remain silent, should not put up with it. There is one prominent legal commonitator put it, this speaks of tyranny and authori authorit. I agree. You know our founders created inpendence, it was written there is no liberty if the power of is not separated from the legislative powers. I find Donald Trumps conduct in this regard reprehensible. It is a dangerous attack to a vital pillar of democracy, threats of intimidation and undercutting a judge that suggesting because of his heritage he is incapable of being fair. In addition to the this, it is racist. We have dealt with racist before so that is not what frightens me. It is the potential impact on the court. I might add a friendly note to my republican friends, many longtime colleagues in the senate, they say trump is unacceptable, wrong and they sense it, but they refuse to confirm a judge of unquestional credentials so trump can nominate to fill that vacancy if he were to win. [applause] the failure of my friends, and by the way, it isnt a joke. It is driving the staff crazy even that i have so Many Republican friends. They tell you any time there is a crisis, send joe. It is like that commercial mikey will eat it. With all of this dysfunction, i respect this senate and the greatest honor of my life was to serve in the United States senate as long as i have. The vast majority of my republican colleagues know better. This is an age of intimidation by gigantic contribution and the consequences of jerry mandering. The reason i dont lose faith is the bulk know better. The failure of the Senate Republicans to hold a hearing on judge chief garland has its own grave, practical and consequential consequences. When our framers drafted the constitution, they envisioned separateness, but interdependence. Autonomy but re riprosate. The constitution diffuses power, but it also contemplates that practice will integrate and disburse powers into the a workable government. It goes on to say it enjoins upon its branches separateness but interdependency. Autonomm but repriciocty. I have seen the spirit of interdependence and reciprocity work but i have never seen it at a lower end. Not among our people, but among our government, in our government, the bonds that held together our diverse republic for the past 229 years are at least temporarily being frayed. Article one of the constitution clearly states whenever there is a vacancy, for the one court, specified in the constitution, the Supreme Court, the president shall, not may, shall appoint someone to fill that vacancy with the advice and consent of the United States senate. President obama fulfilled his constitutionalal responsibility. He sought the constitutional advice of members of the senate, including republican members. He didnt get much feedback. But he chose the course of m moderation. I will not take the time to list the number of Senior Republicans who have been flattering in the past about eric garland. A man that many of you have known for many years. Matter of fact, the criticism the president got was from the left for choosing moderation. I wrote a long piece, with rons help, of the American Bar Association meeting back in 19when the hell was it . In 1917 . [laughter] talking about what the role of the senate was. And what advice and consent meant, arguing that in a number of law articles we wrote, arguing that the president should seek the advice. He should seek and the more divideded the government the more appropriate it is for the senate to raise its head because that is just as much of a right to determine who should be in the court as the president. The president is to propose a senate dispose of the proposal yet the republicans in the senate have totally abdicating their responsible by choosing to even hold a hearing in the United StatesJudiciary Committee which isnt required under the constitution. For the longest time, none were held. Folks there is an old joke going i have been in the majority and minority and majority is better. But i really do, i think most people would acknowledge, i really do have a good ship with both sides of the aisle when i was there and since i have left. But i have never seen anything like this. I have never seen anything like this. The Dysfunctional Congress is beginning to undermine the norms of how we conduct ourselves as a government. It is not only in violation of the motion of fairness, but it is in violation of their constitution responsibility. It jeopardizes the highest court in the nation being infected with the same dysfunction that is not only recognized by the American People but heads of state, everywhere i go. I think the white house staff here will tell you that i have traveled over a million one hundred thousand miles and the reason is i know these heads of state personally and they know when i speak i speak for the president. It is an advantage the secretary of state, the nasa security advisor, the success of defense doesnt have. That is the purpose. And i will work out an agreement. You know . I will reach across the table and shake hands and here is what they will say to me. Not a joke. All right, mr. Vice president , whether i am in china, whether i am in ukraine, whether i am in any european country here is what they will say, not a joke. That will hold their hand and they will say but can you deliver . Not does the president mean it. Not do you mean it. But every deal requires some give. So you are asking me to go out there and support this. I am going to take some heat to my people for doing it. And i am not sure whether you will be able to deliver. I know you mean well. That is how deep that is how deep the dysfunction in the congress has spread. Let me be clear, you all know advice and consent includes consulting and voting and nobody has suggested, particularly me, that any senator has to vote yes on any particular nominee. Voting no is their right and their option. It is an option of every senator to be able to exercise their right to vote no. But saying nothing, seeing nothing, reading nothing, hearing nothing, and deciding in advance to do nothing, before the president even names a nominee, is not an option our founders contemplated or one that is left option. I presided over eight justs, nine total nominees in the Supreme Court. More than anyone alive i am embarrassed to say. I supported most, i voted against some. But every single nominee got a hearing. Every single nominee got out of committee, to the senate floor, even though nominees who did not receive a majority vote in the committee, because i believe the constitution says the senate shall advice and consent, not the judiciary, every Senate Nominee got an up and down goat. Not most of the time. Every single time. [applause] now, unable to square their unprecedented conduct which they begin to call the biden rule until they realized what the biden rule was the constitution. My friends, and they are my friends. Mitch mcconnell and chuck grassley, they are trying another tactic asking what difference does it make it it there are eight or nine members of the court. At one point there were nine, one point eight, there hasnt always been nine. But i believe, and i am sure you do, that it makes a great deal of difference. We all know that the Supreme Courts rulings make a significant difference in the every day lives of the American People. More than two centuries ago, Justice John Marshall declared quote the court has the duty, not has the right, has the duty to say what the law is. Not an opinion. A duty. The Supreme Court has a solom solemn duty. By keeping a seek vacant for hundreds of days, because that is what it will end up being if we dont get a vote this year, matters bought just because of the uncertainty that it p perpetuates but because of the way the fractures the country. Justice scalia says if you have eight justice on the court it raises the possibility that by reason of a tie vote the court will find itself unable to resolve the significant issues presented by the case. We have seen it already. Just in the past few months, pressing, controversial issues that prompted the court to grant review in the first place, and most of those cases because of different discussions in different circuits, now remain unresolved. The court believes they are too important to be left in limbo are left in limbo and suspended in midair. A 44 court may be fine if the majority of cases are able to be decided but it has many deleterious affects. Increased litigation costs and delays, justice olay said the burden falling more heavily on average americans than those with deep pockets able to decide which district to move on, and move in. Different rulings in different parts of the country. And such a divided court, leaves different interpretations of the law to stand in different states creating confusion and uncertainty. It has already happened. Keep in mind, we have another entire term of this potential confusion if the vote is not allowed to be shared. Anybody who thinks whatever the next president is, and god willing it will be secretary clinton [applause] i dont say that for political reasons. Even if it is a democrat the idea of this being brought up in a month, two or three is highly unlikely. Even in a functioning system it averages over two months. If the conflicts between the federal court of appeals are allowed to stand we end up with the patchwork of the constitution and federal law in consistent with equal justice. Federal law that apply to the whole county will be constitutional in some parts and unconstitutional in others. Claims of racist could be coming out different ways in california and colorado. Claims of government interference and religious could have one fate in iowa and another fate in illinois and wis cosson. Claims of Unlawful Police wisconsin might be resolved by one standard in nebraska and another next door in kansas. I spoke to this two months ago at georgetown law. Just in the few weeks, there have been important cases in which the justices decided not to decide. I dont have to go through those cases. You know just like i do ask the assistant general he knows them all by heart. The meaning and extent of our federal constitution, our constitutional rights, freedom of speech, freedom to follow the teachings and faith and determine what constitutes teaching and faith and right to be free from unreasonable search could be dependant on where you live. I think most people think that is unfair and unacceptable. We are after all the United States of america. Even the constitution prowre prowrekt protects rights across the board or it it doesnt. The Supreme Court needs to be staffed to nine. Not one that is disabled and divided but one that is able to rule on issues like separation of church and state, whether there is a threat to the right of abortion, or safe and legal abortion, police searches, it goes on. I wont it is the last audience i have to list the concerns to. We have to be sure a fully functioning court is in the position to address the significant issues and geographic happenings cannot fragment our national unity. The longer the High Court Vacancy remains the more serious the problem becomes and the more we undermine the confidence in the court. Back at a the issue of confidence, the problem is compounded by turbulence, confusion about safety, security and liberty and privacy. This is an uncertain time in the minds of americans. Look at the election process so far. And i am not talking about one candidate. I am talking about the process. The problems that will affect the future of this country, not only for our children but our grandchildren, we cannot let this stand. And so i urge you, i urge you to keep up the drum beat, because i promise you they know better. I have spoken to 17 of my colleagues on the other team and because i have never violated the confidence i will not say to the press who they are. But i mean it. I am serious. Start off by saying, joe, i know you are right. I know you are right. I have gone so far as to tell half a dozen of them look, i am not asking you to step out first because i know it could cost you in your state. I am not asking you to do that. But i am asking you if anybody steps out, if anybody steps up, step out. I think it is still possible we can have a hearing before this congress adjourns. I think we can resolve this. But the one thing i am certain of is it will only be resolved if the pressure is unrelentingly kept up. If we continue to point out, to the state and senators, that you know know better. If we keep the drum beat, not with the personal attack, but making a case of why it is so important. My closing comments to you are stay at it. The fact of the matter is the vast majority of the members of the senate know what disregard the senate has held at his moment. They know that they have to change it. I know it sincerely. When someone does i expect the rest to follow. We dont need all of them. We dont need all of them. Ladies and gentlemen, thank you for all you do, i get paid big bucks to do my job, you dont. I know all of you wish you had my salary. I know that. You recognize your intellectual and integrity and devotion of the constitution. You keep writing, speaking and unrelenting effort to get a hearing. If we get a hearing, we got the judge. God bless you all and may god protect our troops. [applause] [applause] cspans washington journal live every day with news and policy issues that affect you. On friday, we are devoting the first part of the show to the life of mohumed ali. And then the Deputy Assistant for the Social Security administrator talk about the findings and obstacles to workers financial and ways to increase and secure personal retirement savings. Beginning live at 7 a. M. Eastern on friday morning. Join the discussion. Madam secretary, we proudly give 72 of our delegate votes to the next president of the United States. [applause] we are going public. We will be watcheded by our friends and i would hope as i said before, the senate may change. Not as a constitution. But may be come a more efficient body because of the televised series. The senate is being broadcast on television for the first time. Not that we have operated in secret until now. Millions of americans have sat in the galleries and observed Senate Debates during their vistts to washington. But today they can witness the proceedings in their own home. The senate floor has been a part of the stage, the senators have been acting on that stage, the audience is in the galleries, and by our action today we havent really fundamentally altered that situation. We have simply enlarng enlarged the galleries and pushed out the walls to all americans who want to watch. Remembering 30 years of coverage of the u. S. Senate on cspan2. The u. K. Will vote on whether to remain in the European Union on june 23ered. British Prime Minister, dave cameron, and Independents Party lead leader nigel farage participated in a referendum this week. Stay or go . Tonight as the arguments intensify, two men with different visions of the future of the European Union are live before a studio audience. The battle lines are drawn on the biggest political decision of a lifetime. Good evening, there are now 16 days to go before the u. K. Decides to stay in or leave the European Union