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THE PRESIDING OFFICER: THE
SENATOR FROM PENNSYLVANIA.
MR. TOOMEY: MR. PRESIDENT, I ASK
UNANIMOUS CONSENT TO VITIATE THE
QUORUM CALL.
THE PRESIDING OFFICER: WITHOUT
OBJECTION.
MR. TOOMEY: THANK YOU,
MR. PRESIDENT.
MR. PRESIDENT, I RISE TO SPEAK
ON THE NOMINATION OF DEBO
ADEGBILE TO SERVE AS ASSISTANT
ATTORNEY GENERAL FOR THE CIVIL
RIGHTS DIVISION.
MR. PRESIDENT, SOME AMERICANS
MAY RECALL AVIA ABUJAMAL.
MAUREEN FAULKNER WILL FOREVER
REMEMBER HIM AS A COLD-BLOODED
COP KILLER WHO LEFT HER AS A
WIDOW AT AGE 24.
MAUREEN FAULKNER HAS ENDURED
THREE DECADES OF ENDLESS APPEALS
AND A DISHONEST INTERNATIONAL
CAMPAIGN TO TURN HER HUSBAND'S
KILLER INTO A CELEBRATED ICON
FOR SOME ON THE RADICAL LEFT.
NOW ONE OF THE LAWYERS WHO
HELPED TO PROMOTE THAT CAMPAIGN
HAS BEEN NOMINATED TO LEAD THE
JUSTICE DEPARTMENT'S CIVIL
RIGHTS DIVISION.
THIS ISN'T STAND, MR. PRESIDENT,
AND I HOPE THE SENATE WILL NOT
CONFIRM HIM.
LET'S REVIEW THE FACTS.
3:15 A.M. ON DECEMBER 9, 1981,
25-YEAR-OLD POLICE OFFICER
DANIEL FAULKNER PULLED OVER A
CAR.
IN THE CITY OF PHILADELPHIA.
THE CAR'S HEADLINES WERE OFF,
DRIVING DOWN A ONE-WAY STREET.
THE DRIVER BEGAN ASSAULTING
OFFICER FAULKNER.
THE DRIVER'S BROTHER WAS
WATCHING FROM ACROSS THE STREET.
FOUR EYEWITNESSES RACE ACROSS
THE STREET, SHOOT DANIEL
FAULKNER IN THE BACK AND WHILE
OFFICER FAULKNER WAS LYING
HELPLESSLY ON THE GROUND, JAMAL
SHOT SEVERAL MORE BULLETS INTO
FAULKNER'S CHEST AND FACE.
THREE OTHER WITNESSES HEARD
ABUJAMAL BRAG THAT HE HAD SHOT
FAULKNER AND HOPED THAT FAULKNER
WOULD DIE.
DURING THE TRIAL WHEN DANIEL
FAULKNER'S BLOOD-STAINED SHIRT
WAS DISPLAYED, THE JURY SAW
ABUJAMAL TURN IN HIS CHAIR AND
SMIRK AT OFFICER FAULKNER'S
YOUNG WIDOW MAUREEN.
SO IT WAS NO SURPRISE WHEN A
PENNSYLVANIA JURY TOOK JUST
THREE HOURS TO CONVICT ABUJAMAL
OF ***, AND THE NEXT DAY TWO
HOURS TO SENTENCE HIM TO DEATH.
MR. PRESIDENT, INSTEAD OF
ALLOWING DANIEL FAULKNER'S YOUNG
WIDOW TO GRIEVE IN PEACE, A
GROUP OF POLITICAL OPPORTUNISTS
DECIDED TO USE THIS CASE TO
FURTHER THEIR OWN POLITICAL
AGENDAS.
THAT FABRICATED CLAIMS OF
RACISM, SPREAD LIES ABOUT THE
EVIDENCE, THEY ORGANIZED RALLIES
THAT AMAZINGLY PORTRAYED
ABUJAMAL AS A VICTIM.
BEFORE LONG, ABU-JAMAL WAS A
CAUSE CELEBRE, COMPLETE WITH
CELEBRITIES, FREE MUMIA T-SHIRTS
AND POSTERS, HAD HIS OWN HBO
SPECIAL AND THEY EVEN NAMED A
STREET AFTER HIM IN PARIS.
IN 2009, 27 YEARS AFTER DANIEL
FAULKNER'S ***, THE NAACP
LEGAL DEFENSE FUND OR L.D.F.,
DECIDED THEY WOULD JOIN THE
FRAY.
NOW, FOR DECADES BEFORE
MR. ADEGBILE ASSUMED HIS
LEADERSHIP ROLE WITH THE L.D.F.,
THE L.D.F. SERVED AS A FORCE OF
TRUTH AND JUSTICE FOR ALL
AMERICANS, AS A VERY IMPORTANT
AND WELL-DESERVED REPUTATION FOR
HAVING DONE THAT, BUT
UNFORTUNATELY L.D.F.'S
REPRESENTATION OF ABU-JAMAL
PROMOTED NEITHER TRUTH NOR
JUSTICE.
IT'S IMPORTANT TO POINT OUT,
THIS IS NOT A CASE ABOUT EVERY
ACCUSED PERSON DESERVING A LEGAL
DEFENSE.
THAT'S A PRINCIPLE UPON WHICH I
HOPE THERE IS NO DISAGREEMENT,
CERTAINLY NOT FOR ME.
THE FACT IS, THOUGH, ABU-JAMAL
HAD MULTIPLE HIGH-COST LAWYERS
ALREADY VOLUNTEERING THEIR TIME.
MR. ADEGBILE WAS DIRECTOR OF
LITIGATION FOR THE L.D.F., AND
HE TOLD THE SENATE JUDICIARY
COMMITTEE THAT HE -- QUOTE --
SUPERVISED THE ENTIRE LEGAL
STAFF, END QUOTE, AT L.D.F., 18
LAWYERS.
ALSO HE WAS, IN THE WORDS OF THE
L.D.F.'S OWN WEB SITE,
RESPONSIBLE FOR L.D.F.'S
ADVOCACY -- QUOTE -- BOTH IN THE
COURTS OF LAW AND IN THE COURT
OF PUBLIC OPINION.
END QUOTE.
THIS IS IMPORTANT TO UNDERSTAND
BECAUSE THIS DUTY TO SUPERVISE
HAS VERY SPECIFIC IMPLICATIONS
FOR LAWYERS.
A LAWYER MUST CONFIRM THAT THE
LAWYERS HE OVERSEES ARE HONEST
WHEN PRESENTING FACTS IN A CASE.
THE LAW BACKS THIS UP.
SUPERVISING LAWYERS CAN BE SUED
FOR MALPRACTICE OR SANCTIONED BY
A COURT FOR THE ACTIONS OF THE
LAWYERS THAT HE OR SHE
SUPERVISES.
AND HOW DID THE L.D.F.'S LAWYERS
COMPORT THEMSELVES UNDER
MR. ADEGBILE'S DIRECTION AND
LEADERSHIP AND SUPERVISION?
WELL, UNDER MR. ADEGBILE'S
OVERSIGHT, L.D.F. LAWYERS
PROMOTED THE PERNICIOUS MYTH
THAT ABU-JAMAL WAS AN INNOCENT
MAN AND THAT HE WAS FRAMED
BECAUSE OF HIS RACE.
THERE WAS NEVER ANY MERIT TO THE
CLAIMS OF RACISM.
THAT'S A CONCLUSION THAT WAS
INVESTIGATED AND CONCLUDED BY
BOTH STATE AND FEDERAL COURTS.
IN FACT, THE JURY THAT CONVICTED
AND SENTENCED ABU-JAMAL TO DEATH
COMPLUD TWO AFRICAN-AMERICANS
AND WOULD HAVE INCLUDED ONE MORE
EXCEPT THAT ABU-JAMAL HIMSELF
ORDERED HIS LAWYER NOT TO SEEK
THAT THIRD JUROR.
YET IN FEBRUARY OF 2011,
MR. ADEGBILE'S GROUP ISSUED A
PRESS RELEASE, AND I QUOTE,
ABU-JAMAL'S CONVICTION AND DEATH
SENTENCE ARE RELICS OF A TIME
AND PLACE THAT WERE NOTORIOUS
FOR POLICE ABUSE AND RACIAL
DISCRIMINATION.
END QUOTE.
IN MAY OF 2011, TWO OF THE
LAWYERS SUPERVISED BY
MR. ADEGBILE TRAVELED TO FRANCE.
THEY WENT THERE FOR A RALLY ON
BEHALF OF MUMIA ABU-JAMAL.
ONE L.D.F. LAWYER SAID SHE WAS
-- QUOTE -- OVERJOYED THAT
ABU-JAMAL'S DEATH SENTENCE WAS
SUSPENDED BUT SHE BENOAND THE
FACT HE WOULD NOT HAVE A NEW
TRIAL AND COULD NOT BE SET FREE.
THE OTHER L.D.F. LAWYER
DESCRIBED ABU-JAMAL AS -- QUOTE
-- ONE OF THE PEOPLE WHO ARE
INNOCENT BUT WILL CONTINUE TO BE
PUT TO DEATH IN AMERICA,
UNQUOTE.
AT ANOTHER EVENT IN NEW YORK
CITY THAT SAME YEAR, A LAWYER
WORKING FOR MR. ADEGBILE GUSHED
-- QUOTE -- IT IS ABSOLUTELY MY
HONOR TO REPRESENT MUMIA
ABU-JAMAL.
SHE CONTINUED -- QUOTE -- THERE
IS NO QUESTION IN MY MIND, THERE
IS NO QUESTION IN THE MIND OF
ANYONE AT THE LEGAL DEFENSE FUND
THAT THE JUSTICE SYSTEM HAS
COMPLETELY AND UTTERLY FAILED
MUMIA ABU-JAMAL, AND THAT
FAILURE HAS EVERYTHING TO DO
WITH RACE.
MR. PRESIDENT, I AGREE THAT THE
JUSTICE SYSTEM HAS FAILED, BUT
IT'S FAILED OFFICER DANNY
FAULKNER AND HIS FAMILY.
NOW, NO ONE UNDERSTANDS THIS
STORY OF INJUSTICE BETTER THAN
OFFICER DANNY FAULKNER'S WIDOW,
MAUREEN.
MAUREEN FAULKNER PLEADED WITH
THE SENATE JUDICIARY COMMITTEE
FOR A CHANCE TO TELL HER STORY,
FOR A CHANCE TO TESTIFY BEFORE
THE COMMITTEE AS THEY WERE
DELIBERATING THE CANDIDACY OF
MR. ADEGBILE, BUT THE SENATE,
THE SENATE DEMOCRATS ON THE
COMMITTEE WOULD NOT ALLOW HER TO
TESTIFY.
THEY DIDN'T LET HER TELL HER
STORY, AND INSTEAD THEY VOTED TO
SEND HIS NAME ON TO THE SENATE
FLOOR FOR CONFIRMATION.
MR. PRESIDENT, I THINK MAUREEN
FAULKNER HAS A RIGHT TO BE HEARD
SO I HOPE MY COLLEAGUES WILL
LISTEN AS I READ A LETTER THAT
SHE WROTE ADDRESSING ALL OF US.
"DEAR SENATORS, WHILE I WOULD
HAVE PREFERRED TO DO SO
PERSONALLY, I'M WRITING THIS
LETTER PEELING TO YOUR SENSE OF
RIGHT AND WRONG, GOOD AND EVIL
AS YOU CONSIDER THE NOMINATION
OF DEBO P. ADEGBILE TO BE THE
NEXT HEAD OF THE CIVIL RIGHTS
DIVISION OF THE JUSTICE
DEPARTMENT.
33 YEARS AGO, MY HUSBAND,
PHILADELPHIA POLICE OFFICER
DANIEL FAULKNER, WAS VIOLENTLY
MURDERED BY A SELF-PROFESSED
REVOLUTIONARY NAMED MUMIA
ABU-JAMAL.
I WAS 24 YEARS OLD.
WHILE MOST OF MY FRIENDS SPENT
THEIR SUMMER AT THE JERSEY
SHORE, I SAT IN A SHOT, STEAMY
COURTROOM AND WATCHED IN HORROR
AND DISBELIEF AS THE MAN WHO
MURDERED MY HUSBAND TRIED TO
TURN THE COURTROOM INTO A
POLITICAL STAGE WHERE HE COULD
SPEW HIS HATE AND CONTEMPT FOR
THIS COUNTRY AND OUR JUSTICE
SYSTEM.
AT THE MOMENT MY HUSBAND'S
BLOODSTAINED SHIRT WAS DISPLAYED
BY THE EVIDENCE HANDLER, MUMIA
ABU-JAMAL SMIRKED AT ME,
DEMONSTRATING HIS CONTEMPT FOR
LAW ENFORCEMENT.
THANKFULLY A RACIALLY MIXED
INJURY FOUND HIM GUILTY.
THE FOLLOWING DAY THEY SENTENCED
HIM TO DEATH FOR THE BRUTAL ACT
HE HAD COMMITTED.
THAT'S WHEN MY SECOND NIGHTMARE
BEGAN.
FOR THREE DECADES, MY FAMILY
AND I ENDURED APPEAL AFTER
APPEAL.
EACH ROOTED IN LIES,
DISPORTIONS, AND ALLEGATIONS OF
CIVIL RIGHTS VIOLATIONS.
AND YEAR AFTER YEAR, JUDGE
AFTER JUDGE THE CONVICTION AND
SENTENCE WERE UNANIMOUSLY
UPHELD.
THEN 30 YEARS AFTER THE FACT,
MY FAMILY, SOCIETY AND I WERE
DENIED JUSTICE WHEN THREE
FEDERAL DISTRICT COURT JUDGES
WHO HAD FOUND ERROR IN EVERY
KOPETSKI TAL CASE THAT HAS EVER
COME BEFORE THEM, OVERTURNED
THE DEATH SENTENCE.
TODAY AS MY HUSBAND LIES 33
YEARS IN THE GRAVE, HIS KILLER
HAS BECOME A WEALTHY CELEBRITY.
HE PENS BOOKS AND SOCIAL
COMMENTARIES, CRITICAL OF OUR
COUNTRY.
HE REGULARLY USES HIS NEARLY
UNLIMITED ACCESS TO THE PRISON
TELEPHONE TO DO RADIO PROGRAMS,
AS CABLE -- HAS CABLE TV IN HIS
CELL AND IS PERMITTED TO HOLD
HIS WIFE, CHILDREN AND
GRANDCHILDREN IN HIS ARMS WHEN
THEY VISIT.
OLD WOUNDS HAVE BEEN RIPPED OPEN
AND ADDITIONAL INSULT IS BROUGHT
UPON OUR LAW ENFORCEMENT
COMMUNITY IN THIS COUNTRY BY
PRESIDENT OBAMA'S NOMINATION OF
DEBO ADEGBILE.
WHILE PUBLICLY DEMONSTRATING HE
DOESN'T EVEN KNOW MY HUSBAND'S
NAME, MR. ADEGBILE FEIGNS
SYMPATHY AND CARING FOR MY
HUSBAND AND ME.
IN REALITY HE WAS A WILLING
ACCOMPLICE IN MUMIA ABU-JAMAL'S
K34REUS.
HE CHOSE TO THROW THE WAIT OF
HIS ORGANIZATION BEHIND MUMIA
ABU-JAMAL AND HAS PUBLICLY
STATED HE WOULD GET MUMIA
ABU-JAMAL OFF DEATH ROW.
MR. ADEGBILE HOLDS MUMIA
ABU-JAMAL, A ROW MORSELESS COP
KILLER IN HIGH ESTEEM.
WE KNOW THIS BECAUSE ATTORNEYS
WORKING UNDER SUPERVISION HAVE
STOOD BEFORE PUBLIC RALLIES HELD
IN SUPPORT OF MY HUSBAND'S
KILLER AND OPENLY PROFESSED IT
WAS AN DREAM HONOR TOEN REP THE
MAN WHO PUT A HOLLOW BASED
BULLET IN MY HUSBAND'S BRAIN AS
HE LAY ON THE GROUND,ABOUT
WOUNDED, DEFENSELESS.
WHILE MR. ADEGBILE AND THOSE WHO
SUPPORT HIS NOMINATION WILL
UNDOUBTEDLY ARGUE HE DID NOT
PERSONALLY MAKE SUCH STATEMENTS
HE DID NOTHING TO COUNTER OR
STOP THEM.
IN THE END LIKE SO MANY TOARPS
BEFORE HIM, MR. ADEGBILE'S
ALLEGATIONS OF CIVIL RIGHTS
ABUSE RANG HOLLOW.
MUMIA ABU-JAMAL'S DEFORT DEATH
SENTENCE WAS NOT OVERTURNED
BECAUSE OF ABUSE US BUT BECAUSE
THREE JUDGES WITH A PERSONAL
DISLIKE FOR CAP TAL PUNISHMENT
CONVENIENTLY DECIDED THAT THE
WORDING IN A FORM MAY HAD HAVE
CON USED JURORS.
THROUGH HIS WORDS, DECISIONS
AND ACTION HE HAS CLEARLY
DEMONSTRATE HE IS HE IS NOT THE
BEST PERSON TO FILL THIS
IMPORTANT POSITION.
CERTAINLY THERE ARE OTHERS WITH
SIMILAR QUALIFICATIONS THAT
WOULD BE BETTER CHOICES.
I WOULD ARGUE THAT
MR. ADEGBILE'S DECISION TO
DEFEND A COP KILLER SHOULD
PRECLUDE HIM FROM HOLDING ANY
PUBLIC POSITION.
YOUR DECISION MEANS A LOT TO ME
PERSONALLY.
THE THOUGHT THAT MR. ADEGBILE
WOULD BE REWARDED IN PART FOR
THE WORK DID HE FOR MY HUSBAND'S
KILLER IS REVOLTING.
THROUGHOUT MY LONG ORDEAL I HAVE
FREQUENTLY BEEN LABELED A RACIST
BY MANY WHO SUPPORT MY HUSBAND'S
KILLER SIMPLY BECAUSE HE IS
BLACK AND I'M WHITE.
I'VE ALSO BEEN ASKED TO THROW MY
NAME, MY VOICE AND SUPPORT
BEHIND POLITICAL CANDIDATES FROM
BOTH PARTIES.
IN EACH CASE I HAVE DECLINED.
I'VE ALWAYS BELIEVED THAT MY
HUSBAND'S DEATH AND MY QUEST FOR
JUSTICE TRANSCENDS POLITICS AND
RACE.
FROM MY HEART, I'M ASKING YOU
TO DO THE SAME THING.
SET ASIDE ANY PARTISAN FEELINGS
YOU HAVE AND DO THE RIGHT THING
TODAY WHEN YOU VOTE ON
MR. ADEGBILE'S CONFIRMATION.
PLEASE SPARE MY FAMILY AND ME
FROM FURTHER PAIN.
SINCERELY, MAUREEN FAULKNER.
MR. PRESIDENT, AS THE JUSTICE
DEPARTMENT'S WEB SITE EXPLAINS
THE CIVIL RIGHTS DIVISION OF THE
JUSTICE DEPARTMENT -- QUOTE --
"FULFILLS A CRITICAL MISSION IN
UPHOLDING THE CIVIL AND
CONSTITUTIONAL RIGHTS OF ALL
INDIVIDUALS" -- END QUOTE.
CLEARLY THIS REQUIRES THAT THE
HEAD OF THE CIVIL RIGHTS
DIVISION HAVE AN ABSOLUTE
COMMITMENT TO TRUTH AND JUSTICE.
THERE ARE MANY HIGHLY QUALIFIED
AMERICANS WHO CAN CARRY OUT THIS
CRITICAL MISSION.
MR. ADEGBILE'S RECORD CREATES
SERIOUS DOUBTS THAT HE IS AMONG
THEM.
FOR THESE REASONS,
MR. PRESIDENT, I URGE YOU AND
MY COLLEAGUES TO OPPOSE THE
NOMINATION OF MR. DEBO ADEGBILE