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 hank
you very much. I appreciate the warm welcome. I realize you've adjusted
your schedule to accommodate mine, and I thank you.
Secretary Chao,
thank you for the very kind introduction. It's good to see a member
of the Cabinet in person. It's good to see anybody in person these
days. Lynne and I don't get too many visitors at the cave.
This is the
second time I've had the privilege of addressing the Federalist
Society. I was here as Secretary of Defense in 1990 — then,
as now, filling the role of your token non-lawyer. Not that I have
anything against lawyers. Looking around the room, I'd guess that
a year ago, about half of you were down in Florida.
A lot has changed
since my last appearance here. I've been a corporate CEO, national
candidate, vice president — and now a recurring character on
Saturday Night Live. I've been watching a tape of the guy
who plays me on the show — Darrell Hammond. He's got the voice
down. He's pretty good at the mannerisms. But he's not quite there
yet, and I doubt he'll ever capture the real me. You just can't
fake charisma.
I do have a
lot of friends here this evening. It's nice to see all of you, and
I bring with me the good wishes of a man we're all very proud of,
President George W. Bush.
There are many
members of the Federalist Society in our Administration. We know
that because they were quizzed about it under oath. We're especially
proud to have two of your founders at the Department of Energy —
the general counsel, Lee Liberman Otis, and Secretary Spence Abraham.
The Federalist
Society was formed to bring balance to the debate in our law schools
and in the legal profession. You were founded in the conviction
that the state exists to preserve freedom — that the separation
of powers is essential to the operation of our government —
and that judges are charged with interpreting the law, not inventing
it.
In advancing
these principles, you have changed the debate, while gaining the
respect of people across the ideological spectrum. The Federalist
Society has been a model of thoughtful, reasoned dialogue. You've
helped bring a spirit of civility to Washington, D.C. Even more
remarkably, you've managed to bring it to some of the law schools.
Your spirit of honest, fair-minded debate hasn't always prevailed,
as Judge Bork can attest. But against great odds, this organization
has become one of the most influential in the world of law and public
policy. I commend you for it.
Tomorrow at
this conference, our Solicitor General will inaugurate an annual
lecture series named for his wife. Barbara Olson will always be
remembered for her sharp mind, her kindness, and her cheerful presence.
It's hard to think of Barbara and not see her smiling. We miss her.
And we will always remember the grace and courage of Ted Olson,
from that day to this.
America will
never forget what happened on September 11, and who is responsible.
Nor will we lose sight of what is at stake. We are the target of
enemies who rejoice in the murder of innocent, unsuspecting people.
We are fighting now, to defend freedom and law against force and
tyranny. We are fighting to save ourselves and our children from
living in a world of fear. We are fighting — and we are winning
— because we will not permit a small group of vicious, violent
men to impose their will on America and the world.
The President
and I have often said that the war on terrorism will be fought on
many fronts. The government of the United States is fully engaged
in this battle, and let me tell you how.
We have given
intelligence and law enforcement officials the new tools they need
to hunt, capture, and punish terrorists. We are tracing terrorist
communications and movements as never before, with new statutes
that take account of the modern communications that terrorists use.
These new laws met with overwhelming, bipartisan agreement in Congress,
because they uphold and respect the civil liberties guaranteed in
the Constitution.
We are finding
the terrorists' financial supporters and stopping them. Already
we have blocked millions of dollars in assets of persons and organizations
involved in supporting terrorism.
A new federal
task force is at work tracking foreign terrorists. We will deny
them entry into our country, detain those who are here, prosecute
as needed, and deport the rest. Those who plot against our country
will not be allowed to abuse our protections or our freedoms.
Furthermore,
as the President deems necessary, non-U.S. citizens suspected of
terrorist activity — whether captured here or abroad —
will face trial by military commission. The mass murder of Americans
by terrorists, or the planning thereof, is not just another item
on the criminal docket. This is a war against terrorism. Where military
justice is called for, military justice will be dispensed.
On the civil
defense front, we are taking every measure to improve both our prevention
capability and our response capability. Under Governor Tom Ridge,
the Office of Homeland Security is leading the effort to detect
and frustrate the plans of terrorists.
In everything
we do, we have to be realistic. We have to proceed on the expectation
that those who have already harmed our country will try again. The
terrorists who gave the orders on September 11 have themselves promised
it. They have called for the killing of Americans, Christians, and
Jews.
Whenever the
President has evidence of a credible threat, he will alert state
and local authorities, and the American people will know as well.
But a terrorism alert is not a signal to lock down your life. It
is a sign that we are vigilant. When Americans hear of an alert,
they can know that the government is on watch and taking action
against the threat.
That is how
we are working to protect our citizens. But wars are not won on
the defensive. Wars are won by taking the fight to the enemy. America
is not waiting for terrorists to strike us. In the places where
they hide and plot, we are striking the terrorists.
There is a
price for aiding and abetting terrorists, and the Taliban regime
is paying it in full. Our military has destroyed training camps.
Their communications and air defenses are in ruins. Their defenses
are being systematically eliminated. Whole cities are free again.
A large portion of the country can now celebrate the Taliban's departure
from their lands and from their lives. The rest of the country is
counting the hours.
The battle
is not over in Afghanistan. There's still a long way to go. But
as we speak the Taliban are high-tailing it to safer ground. They
will find none. No matter how long it takes, Afghanistan will cease
to be a haven for tyranny and terror.
Success in
Afghanistan is only the beginning of our efforts in the world. We
are going to find the leadership of the Taliban and the al Qaeda
network, and we are going to stop them. This is not about one country,
and in this struggle there is no neutral ground. As the Bush Doctrine
makes clear, those who harbor terrorists share guilt for the acts
they commit.
It bears repeating
that ours is not a campaign against the Muslim faith — indeed,
the innocent victims of these terrorists include many Muslims. This
is a struggle against the evil of a few. That is why people in every
part of the world, and of all faiths, stand together against this
foe.
We cannot know
every turn in the battles to come. Yet we know our cause is just.
We have seen enemies like this before. We have defeated them before.
We
will defeat them again.
This crisis
has brought our country together, uniting the political parties
and elected branches of government in ways few would have thought
possible. There are still honest disagreements on domestic priorities,
and the war has not erased those. But this is a moment of real opportunity,
with the leadership of both parties sincerely looking for common
ground.
We hope Congress
will act, and act soon, to pass an economic stimulus package. President
Bush's plan gives immediate help to those out of work, reduces income
tax rates, and will create new jobs throughout the economy.
We hope Congress
will attend to America's energy needs. It is only more urgent now
that we find new supplies and make this country less dependent on
foreign oil.
And we hope
the United States Senate will speed up the confirmation of federal
judges. There is a dual responsibility here that we all understand.
The President has discharged his duty by nominating well-qualified
men and women to the federal district and circuit courts.
Yet there are
today more vacancies on the federal bench than there were the day
we were inaugurated. The pace of new vacancies is actually faster
than the pace of confirmations. Barely one in four of President
Bush's nominees have been given a hearing and a vote. This should
be unacceptable to anyone concerned about the administration of
justice in our country.
Some reply
that this is merely the normal state of affairs, regardless of who
is President or who controls the Senate. History does not support
that claim.
Traditionally,
a new President's judicial nominees during his first year are confirmed
almost as fast as their nominations reach the Senate. In 1993, for
example, 19 judges were confirmed on a single day in November, many
just a few weeks after their names had been submitted. In each of
the previous three administrations, almost all judicial nominations
submitted before the first August recess were confirmed by the end
of the year. That has held true regardless of whether the Senate
and the White House were controlled by opposing parties. The only
exception to the rule is a single Clinton nominee who was confirmed
the following year.
In 2001, President
Bush submitted 44 nominations prior to the August recess. By all
rights, each of these should come to a vote by the end of next month.
Yet almost half of them have not even begun the journey to a floor
vote.
Overall, President
Bush has submitted 64 judicial nominations. That's more in the first
year than any other recent president. And this has been done for
a reason. There are at present more than 100 vacancies on the federal
bench, 38 of which have been classified as judicial emergencies
by the nonpartisan U.S. Judicial Conference.
Another vacancy
is expected next month on the Sixth Circuit Court of Appeals, which
serves four states and one in every nine Americans. At that point
the Sixth Circuit will have eight judges and eight vacancies —
a fifty percent vacancy rate, the highest anyone can remember on
a federal circuit court. Here again, the President has fulfilled
his responsibility. He has already submitted six nominations for
that Court — and all six await hearings.
The deliberate
slowing of the confirmation process is unworthy of the United States
Senate, and an injustice to the men and women whose names have been
presented. These are good people — each and every one of them
selected with care by the President himself.
The President
announced his initial eleven nominees on May 9 — more than
six months ago. Yet of these only three have had hearings. Those
still waiting include his choices for the D.C. Circuit. The first
is John Roberts, the former deputy solicitor general and a lawyer
of the highest reputation. The second is Miguel Estrada, who as
a boy came to America from Honduras, graduated with honors from
Harvard Law School, and served in the Justice Department under presidents
of both parties.
These nominations
are not being held up for lack of support. On the contrary, few
doubt they would be swiftly confirmed by the full Senate, if only
given that chance. By any standard of judicial merit, they are fully
qualified to serve. And by any standard of fairness, they deserve
a hearing.
In that spirit
— simple fairness — and in the interest of the nation,
I appeal to the Senate Judiciary Committee to proceed without further
delay in filling the vacancies on our federal courts.
I'm confident
that this matter will be resolved, and the interests of the nation
well served in the months to come. As I said, this is a moment of
opportunity. All of us have been given a new perspective on old
differences, and perhaps a better sense of the great things we can
achieve together.
America is
passing through a time of testing. We have every right to be proud
of our fellow citizens — proud of the great heroism we've seen
— proud of the honorable conduct of our military. In so many
ways, adversity has brought out the best in our nation. The attacks
brought terrible grief down upon us. But we love our country, only
more when she is threatened. And instead of weakening us, our enemies
have only made us stronger.
In ways too
numerous to mention, President Bush and I have counted on the friendship
and good counsel of many in this room tonight. And we have never
been disappointed. You have our respect, and our gratitude.
Thank you very
much.
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