Senate Proceeding 06-23-09 on Jun 23rd, 2009 :: 3:12:15 to 3:26:45
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3:12:15 to 3:26:45( Edit History Discussion )
Speech By: Jim DeMint

3:12:16 to 3:12:37( Edit History Discussion )

Jim DeMint: quorum call: the presiding officer: the senator from south mr. demint: are we in a quorum ca the presiding officer: are. mr. demint: i ask that the quorum call be suspended. the presiding officer: without objection. mr. demint: thank you, mr. president. i rise today regretfully to oppose the nomination of harold coe to be the state department legal advisor

3:12:38 to 3:13:00( Edit History Discussion )

Jim DeMint: it's hard to do because in meeting mr. k oovment h, i certainly enjoyed him. carolina who know him and he is certainly very likeable person. but his nomination to this important position requires some scrutiny about what his philosophy is when it comes to the united states and our

3:13:01 to 3:13:21( Edit History Discussion )

Jim DeMint: international agreements and the sovereignty of our country. so i oppose mr. koh's nomination for many reasons and really most importantly of these is my tbleef if of ited that he'll -- is my belief that if confirmed, he'll g

3:13:22 to 3:13:42( Edit History Discussion )

Jim DeMint: principles of sovereignty that i believe all americans expect of our federal government. let me talk a little bit about his role, what that would be if he's confirmed as the legal advisor to the state department. according to the state department's w advisor will furnish and i quote, "advice

3:13:43 to 3:14:05( Edit History Discussion )

Jim DeMint: issues domestic and international arising in the course of the department's work and negotia interpret international agreements involving peace initiatives, arms control discussions, and private law conventions on subjects such judicial cooperation in

3:14:06 to 3:14:27( Edit History Discussion )

Jim DeMint: recognition of foreign judgments judgments." on a daily basis, mr. koh will also advise our government on a variety of federal legal issues that he believes affect international law in our foreign relations, even determine positions the u.s. should take in dealing with international bodies a

3:14:28 to 3:14:49( Edit History Discussion )

Jim DeMint: conferences, in and counsel administration officials on international negotiations, treatynterpretations, in trea as we move forward in the futur as a country, one of the biggest debates that we're going to have is what role does sovereignty play in the world

3:14:50 to 3:15:11( Edit History Discussion )

Jim DeMint: and how important is it? t and there's a difference of philosophy here in washington today. so as we review this nomination, it is very important to us, particularly republicans, that we start from the foundation in our state department, if we will act in the best interest of our country and the american people

3:15:12 to 3:15:33( Edit History Discussion )

Jim DeMint: and that our interest as a country are paramount in how we deal with the rest of the world. of course, that does not mean that we don't try to support other but the fact is the role of the federal government is to protect and defend our people and our interests. so we need to make sure that

3:15:34 to 3:15:57( Edit History Discussion )

Jim DeMint: this key advisor to our state department in our international relations believes those principles. many of mr. koh's supporters claim that the allegations that had been voiced against him, such as undermining the constitution, are unjustified. however, mr. koh's own writing suggests otherwise.

3:15:58 to 3:16:19( Edit History Discussion )

Jim DeMint: for example, in 2004 -- in a 2004 law review, an article titled "international law as part of our -- and i quote -- "u.s. domestic courts must play a key role in coordinating u.s. domestic constitutional rules wit of foreign and international law.

3:16:20 to 3:16:42( Edit History Discussion )

Jim DeMint: not simply to aims, but to advance the broader velopment of a well-functioning international judicial system. in justice blackmun's words, u.s. courts must look beyond narrow u.s. interests to the mutual interests of all nations in a smoothly functioning

3:16:43 to 3:17:04( Edit History Discussion )

Jim DeMint: international legal regime and whenever possible, should consider if there is a course of action that furthers rather than impedes the development of an ordered certainly we want good relations to countries all over the world, and we're looking at making treaties of various kinds.

3:17:05 to 3:17:28( Edit History Discussion )

Jim DeMint: but this idea of a smoothly functioning international legal regime when it subordinates the interest of the american legal regime should cause all of us to stop and think. our protection, our prosperity, our defense, everything we are

3:17:29 to 3:17:49( Edit History Discussion )

Jim DeMint: as a country depends first on our sovereignty as well as as our support of other nations depends o our sovereignty. and this idea of a global world order of some kind is frightening to man people, including myself. so this looks -- i mean, what we're hearing mr. koh say is it

3:17:50 to 3:18:12( Edit History Discussion )

Jim DeMint: appears to reinterpret our own constitution to comply with rules of foreign and international law. instead of first protecting and defending our constitution and seeing how we can interface with other governments. frankly, mr. president, this statement should frighten ameran citizens who belve in upholding

3:18:13 to 3:18:33( Edit History Discussion )

Jim DeMint: i hope it will get the attention of my colleagues. certainly the president has the right to nominate anyone he wants, but it is our role as a senate to provide advice. and in this case i think disclosure to the american people of this nominee and how he might direct

3:18:34 to 3:18:54( Edit History Discussion )

Jim DeMint: department activities. in 2002, in a hearing before the senate foreign relations committee, mr. koh testified in support of ratification of united nations treaty on the convention of the elimination of all forms of discrimination against women. not only did mr. koh testify in supp

3:18:55 to 3:19:17( Edit History Discussion )

Jim DeMint: treaty, he opposed any conditions to ratification of the treaty, even those proposed by the clinton administration. this includes the very important condition stating that the treaty is not self-executing. it has no domestic legal effect absent an act of congress. our rules here are that the president can sign a treaty, but

3:19:18 to 3:19:38( Edit History Discussion )

Jim DeMint: it has to be ratified here in the senate before it is executed. and to insist that once this is agreed to by the administration that it become self-acting violates those principles. mr. koh allegations by those who oppose the treaty due to its promotion

3:19:39 to 3:20:02( Edit History Discussion )

Jim DeMint: of abortion, the legalizeation of prostitution and the abolishment of mothers day are untrue. however, one only needs to look at the policies issued by the committee, the united nations body charged with monitoring country's compliance with their legal obligations under the treaty, to know that mr. koh's claims are untrue.

3:20:03 to 3:20:23( Edit History Discussion )

Jim DeMint: for example on may 14, 1998, the committee interpreted the treaty to require that all states of mexico shoul review their legislation so that where necessary women are granted access to rapid and easy abortion. in february 1999, the same committee criticized china's

3:20:24 to 3:20:44( Edit History Discussion )

Jim DeMint: criminalizing prostitution and recommended that china take steps to legalize it. this does not represent american values. also in february of 2000, the committee made the following outrageous sta byelarus' celebration of mothers' day -- and i quote -- "the committee is concerned by

3:20:45 to 3:21:06( Edit History Discussion )

Jim DeMint: the continuing presence of sexual stereotypes and by the reintroduction of such symbols as mother's day and a mother's day award which it sees as encouraging women's traditional role." as these republic the world looking to america for guidance as they develop their

3:21:07 to 3:21:28( Edit History Discussion )

Jim DeMint: democracies and institutions of freedom, these kind of things coming out of the united nations are are conce and i certainly don't want this same philosophy coming out of our own state department. mr. president, how can anyone argue that ratification of a radical treaty like we've discussed will undermine

3:21:29 to 3:21:51( Edit History Discussion )

Jim DeMint: sovereignty -- will not undermine sovereignty. it's pretty obvious it would. in a speech entitled a world drowning in guns published in the fordham law review in 2003, mr. koh states "if we really do to do something about that something is a global

3:21:52 to 3:22:12( Edit History Discussion )

Jim DeMint: system of effective controls on small arms. in that same speech mr. koh also expressed his disappointment that the 2001 united nations gun control conference had not led to a legally binding he the creation of international arms registries, giving

3:22:13 to 3:22:34( Edit History Discussion )

Jim DeMint: nongovernmental organizations like network on small arms power to monitor government compliance with international gun control and stronger domestic regulation. in a may 4 column in "human events" brian darling of the

3:22:35 to 3:22:56( Edit History Discussion )

Jim DeMint: heritage foundation writes, koh advocated an international marking and tracking regime, or tracing regime. he complained that the united nations or united states is now the major supplier of small arms in the world. yet, the united states and its allies do not trace their newly manufactured weapons in any consistent way.

3:22:57 to 3:23:18( Edit History Discussion )

Jim DeMint: koh advocated a united nations governed regime to force the u.s. to submit information about their small-arms production. mr. koh supports the idea that the united nations should be granted the power to standardize national laws and procedures with member states of regional organizations. mr. koh feels that the u.s.

3:23:19 to 3:23:40( Edit History Discussion )

Jim DeMint: should establish a national firearms register of manufacturers, traders, importers and exporters of guns to comply with international obligations. this regulatory regime would allow the united nations members, such as cuba and venezuela and north korea and

3:23:41 to 3:24:02( Edit History Discussion )

Jim DeMint: iran to have a say in what type of gun regulations are imposed on american citizens. this is not constitutional government in america. taken to their logical conclusion -- and i'm continuing the heritage quote here -- mr. koh's ideas could lead to a national database of all firearm

3:24:03 to 3:24:23( Edit History Discussion )

Jim DeMint: owners as well as the use of international law to force the u.s. to pass laws to find out who owns guns. all who care about freedom should read his speech. senators need to think long and hard about whether koh's extreme views on international gun control are appropriate for america.

3:24:24 to 3:24:46( Edit History Discussion )

Jim DeMint: let me ju cover a couple of other things. this one about the iraq war. mr. koh published a commentary in the hartford current on october 20, 2002, entitled "a better way to deal with iraq." here's just an excerpt from that article -- and i quote -- "i believe that terrorism poses a

3:24:47 to 3:25:07( Edit History Discussion )

Jim DeMint: peace and security. i lost friends on september 11 and have shared in the grief of their families. i believe that saddam hussein saddam hussein is an aoefpl and dangerous man who daily abuses his own people and who wishes no good for our country or the world. i fear his weapons of mass destruction and believe they should be eliminated.

3:25:08 to 3:25:28( Edit History Discussion )

Jim DeMint: yet, i believe just as strongly that it would be a mistake for our country to attack iraq without explicit united nations authorization. violate international law." we need to think for a minute and digest

3:25:29 to 3:25:49( Edit History Discussion )

Jim DeMint: even though mr. koh believed that attacking iraq would be in the best interest of america and the world, he believed that we should wait on explicit directions from the united nations before we act. both this commentary and his testimony before the senate foreign relations committee demonstrate that mr. koh's

3:25:50 to 3:26:10( Edit History Discussion )

Jim DeMint: belief that if our pre congress empowered by our constitution decide military action is needed to defend our nation from harm, that we must get united nations' approval or actions are illegal. this is an incredible position for the chief legal advisor to the state department to adhere to. some may argue that mr. koh

3:26:11 to 3:26:32( Edit History Discussion )

Jim DeMint: position on the iraq war is merely a principled liberal position. however, his belief that countries -- the presiding officer: the senator has spoken minutes. mr. demint: i ask unanimous consent for one more minute just to conclude. the objection. mr. demint: thank you. i would encourage my colleagues

3:26:33 to 3:26:45( Edit History Discussion )

Jim DeMint: just to look at the record. mr. koh has a very winsome personality which i appreciate. but the record gives us many reasons state department may not be