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“Motion to Discharge (Executive Session)” mentioning Patrick J. Leahy was published in the Senate section on pages S1966-S1967 on April 15.
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The publication is reproduced in full below:
Motion to Discharge
Mr. DURBIN. Mr. President, my friend and colleague from Utah is not the first to come to the floor on the Republican side and raise questions about committee procedure that led to Vanita Gupta being considered today before the U.S. Senate.
They say it is unheard of, unthinkable, unimaginable, unfathomable that the Senate committee rules were not carefully followed and that their attempt at a filibuster was in some way diverted.
I would ask unanimous consent to have printed into the Record a memo entitled ``Senate Judiciary Committee Rule Violations by [Senate Judiciary Committee] Chairs Graham, Grassley, and Hatch.'
There being no objection, the material was ordered to be printed in the Record, as follows:
Senate Judiciary Committee Rule Violations by Chairs Graham, Grassley, and Hatch
Chairman Graham Rule Violations
Graham (116th Cong.) a. Violation: Rule III
i. Date: July 25, 2019
ii. Summary: Chairman Graham's Secure and Protect Act was on the agenda. Then-Ranking Member Feinstein was the only Democrat in attendance. Graham stated that he would deem the bill held over at the following week's markup. This constituted ``conducting business'' under the Committee's rules, despite the lack of a quorum.
iii. Source: https://www.judiciary.senate.gov/meetings/07/
25/2019/executive-business-meeting
2. Graham (116th Cong.)
a. Violation: Rule I; Rule IV; Rule V
i. Date: August 1, 2019
ii. Summary: At an August 1, 2019, markup, Chairman Graham forced a vote on his Secure and Protect Act despite a request to hold over the bill. Graham ignored Democratic requests to hold the bill over; called a vote--setting a time certain for final passage of the bill--without first allowing any Democratic members to speak; and did not allow any amendments to be offered.
iii. Source: https://www.judiciary.senate.gov/meetings/08/
01/2019/executive-business-meeting
3. Graham (116th Cong.)
a. Violation: Rule III; Rule IV
i. Date: October 15, 2020
ii. Summary: Chairman Graham held a markup during which Committee Republicans held over Amy Coney Barrett's nomination to the Supreme Court. Chairman Graham also called a vote to vote on Barrett's nomination at a time certain the following week. However, Barrett's hearing had not yet concluded by this point--the witness panels were held in the afternoon on October 15, 2020, after the markup vote. Committee Democrats objected to holding this markup before the hearing concluded, and Senator Durbin--the only Democrat in attendance--moved to adjourn the markup. Graham overrode Durbin's motion on a roll call vote in violation of the Committee's quorum rule.
iii. Source: https://www.judiciary.senate.gov/meetings/
nomination-of-the-honorable-amy-coney-barrett-to-be-an-
associate-justice-of-the-supreme-court-of-the-united-states-
day-4
Durbin Comments: https://twitter.com/SenatorDurbin/status/
1316751184468865025?ref_src=t wsrc%5Etfw%7Ctwcamp
%5Etweetembed%7Ctwterm%5E131675118446 8865025% 7Ctwgr%5E% 7Ctwcon%5Es 1_&ref_url=https%3A %2F%2Fw ww.commondreams.org%2Fnews%2F2020%2F 10%2F 15%2Funpreceden ted-lindsey-graham-openly-violates-committee-rules-schedule-vote-barrett
4. Graham (116th Cong.)
a. Violation: Rule III
i. Date: October 22, 2020
ii. Summary: Chairman Graham broke the Committee's business quorum rule, which states that nine Members of the Committee, including at least two Members of the minority, must be present to transact business. No Committee Democrats attended this markup, at which Amy Coney Barrett's nomination was voted out of Committee. Chairman Graham ignored this rule, and Committee Republicans voted 12-0 to advance Barrett along with the other nominees on the agenda that day.
iii. Source: https://www.judiciary.senate.gov/meetings/1 0/22/2020/executive-business-meeting
Chairman Grassley Rule Violations
1. Grassley (115th Cong.)
a. Violation: Rule IV
i. Date: September 13, 2018
ii. Summary: Then-Chairman Grassley violated Rule IV by passing a motion to cut off debate on Brett Kavanaugh's nomination without an affirmative vote from one member of the minority. At this markup, the Judiciary Committee held over Brett Kavanaugh's nomination. Numerous other items were on the agenda that day, most notably a motion from thenChairman Grassley to set a precise time at which the committee would vote on Kavanaugh's nomination the following week. Senators Leahy and Durbin argued that Grassley's motion violated Rule IV by cutting off debate without the consent of any member of the minority. Senator Durbin read Rule IV aloud and then summarized: ``The point is, you need 11 votes and one member of the minority to stop debate on any matter, let alone a nomination to the Supreme Court.'' Grassley responded, ``The answer to your question is no we don't, and we've checked with the Senate Parliamentarian.'' Grassley asserted that Chairman Hatch had done the same thing in 2003, setting a precedent that he was following.
Other items on the agenda that day included: six motions to subpoena various documents related to Kavanaugh' s record; 21 lower court judicial nominees; a nominee to be a U.S. Attorney; a nominee to be a U.S. Marshal; a nominee to be Director of National Drug Control Policy; and five legislative bills.
iii. Source: Video of the markup, from approximately minute marker 00:44:48 to 00:48:15: https://
www.judiciary.senate.gov/meetings/09/13/2018/executive-
business-meeting
Chairman Hatch Rule Violations
1. Hatch (108th Cong.)
a. Violation: Rule IV
i. Date: February 27, 2003
ii. Summary: At a markup, Chairman Hatch ignored Rule IV by cutting short Committee debate on the nominations of John Roberts (D.C. Cir.) and Deborah Cook (6th Cir.). Pursuant to Rule IV, then-Ranking Member Leahy asked for a vote before Hatch ended debate, but Hatch refused, directing the clerk to call the roll and noting that ``[t]he Chairman's prerogative is to determine that we can go ahead to a vote'' and that Rule IV ``does not apply to executive nominations.''
iii. February 27, 2003 Executive Business Meeting Record, on file with the Senate Judiciary Committee Library
The PRESIDING OFFICER. The Senator from Minnesota is recognized.
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