Sen. Coons to participate in 2020 Congressional Civil Rights Pilgrimage to Alabama

WASHINGTON – U.S. Senator Chris Coons (D-Del.) this weekend will join the Faith and Politics Institute’s 20^th Congressional Civil Rights Pilgrimage to Alabama. The Pilgrimage will mark the 55^th anniversary of the Selma to Montgomery March and the 60^th anniversary of the founding of the Student Nonviolent Coordinating Committee.

“The annual Congressional Civil Rights Pilgrimage is an important opportunity to reflect on our nation’s civil rights journey and consider how far we’ve come and how much we have yet to do,” Senator Coons said. “As we continue working to build a nation that is more inclusive, more loving, and more just, we must look to the difficult lessons of the past and gain inspiration from the individuals who were on the front lines of the civil rights movement – who marched and organized and stood up against hatred and intolerance to forever transform our nation. I am honored to join my colleagues of both parties on this pilgrimage to consider how we can move closer to a future that is better and more just. 

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Coons, Gardner, Curtis, Gonzalez Cheer House Passage of TAIPEI ACT

WASHINGTON – The U.S. House of Representatives unanimously passed S. 1678, the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act, authored by U.S. Senators Chris Coons (D-DE) and Cory Gardner (R-CO) and led in the House by U.S. Representatives John Curtis (R-UT) and Vicente Gonzalez (D-TX). This bipartisan legislation is intended to strengthen Taiwan’s standing around the world and comes in response to increased Chinese pressure and bullying tactics intended to restrict Taiwan’s international space and global diplomatic recognition. The Senate previously passed the TAIPEI Act in October 2019. Because the House of Representatives slightly altered the bill, the Senate will need to pass it again before it is sent to the President’s desk to become law.

 “The House passage of this important legislation will help to strengthen Taiwan’s democracy, its free market economy, and its standing on the world stage,” said Senator Coons. “I look forward to seeing this bill passed into law.”

“The United States should use every tool to support Taiwan’s standing on the international stage,” said Senator Gardner. “This bipartisan legislation demands a whole-of-government approach to ramp up our support for Taiwan, and will send a strong message to nations that there will be consequences for supporting Chinese actions that undermine Taiwan. I applaud the U.S. House of Representatives for unanimously advancing this critical bipartisan legislation, and I will continue to advocate on behalf of Taiwan and the Taiwanese people, as guided by United States law.”

“I’m proud to see today’s unanimous passage of the TAIPEI Act, which strengthens Taiwan’s position in the world by promoting free trade negotiations, supporting Taiwan’s participation in international organizations, and protecting its relations with its allies,” said Congressman Curtis. “This bill makes for a powerful statement and demonstrates that the United States stands with its democratic and free-market partners throughout the world.”

“The United States and democracies around the world should be concerned by China’s efforts to suppress Taiwan,” said Congressman Gonzalez. “I am proud to support passage of the TAIPEI Act and stand in solidarity with Taiwan, a free and thriving democracy.”

The TAIPEI Act requires a U.S. strategy to engage with governments around the world to support Taiwan’s diplomatic recognition or to strengthen unofficial ties with Taiwan, calls on the State Department to exercise a range of diplomatic and assistance options with regard to any government that takes adverse actions with regard to Taiwan, and articulates a clear U.S. policy to support Taiwan’s participation in appropriate international organizations. The bill also calls on the Administration to enhance economic cooperation with Taiwan.

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Carper, Coons back coronavirus funding bill

WASHINGTON – U.S. Senators Tom Carper (D-Del.) and Chris Coons (D-Del.) voted to approve an emergency spending package allocating $8.3 billion to fight the novel coronavirus (COVID-19). The bill aims to combat the fast-paced and widespread effects of coronavirus.

The emergency funding bill includes:

• More than $3 billion dedicated to the research and development of vaccines, as well as therapeutics and diagnostics;
• $2.2 billion in public health funding to aid in prevention and response;
• Nearly $1 billion for medical supplies, health-care preparedness, Community Health Centers and medical surge capacity; and
• $1.25 billion to address the coronavirus overseas. 

This bill secures additional funding for states to aid in preparedness, prevention, and response efforts. Delaware specifically would receive over $4.5 million in additional funding for CDC assistance.

“The $8.3 billion emergency coronavirus package approved today is an important step forward in our fight to address this growing health crisis,” said Senator Carper. “As a recovering Governor, I know how important it is to get this critical funding to our state and local partners – the men and women who are on the front lines testing and treating patients every day – so that they have the resources they need to protect themselves and our communities. While I’m pleased that a compromise was reached on this funding in a timely manner, I’m disappointed that the Trump administration continues to downplay the recommendations and assessments of experienced scientists and researchers in the National Institute of Health, the Center for Disease Control and Prevention, and the World Health Organization. Just like with our response to Ebola, our response to the coronavirus must be an all-hands-on-deck effort based on facts from the world’s leading health experts. I will continue to work with my colleagues on both sides of the aisle in Congress to make sure we are communicating with the American people in a transparent, fact-based way and doing our part to ensure screenings are both accessible and affordable for all Americans.”

“I am extremely encouraged by how closely the Senate and House are coordinating on a bipartisan basis to address this outbreak,” said Senator Coons. “This bill provides critical funding that will support our researchers as they pursue a vaccine, state and local officials as they do the challenging work to prepare on the ground, and health care providers and others on the front lines domestically and around the world.”

Bill text available here.

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Carper, Coons, Democrats to Azar: Coronavirus response undermined by Administration policies limiting access to care

WASHINGTON – U.S. Senators Tom Carper (D-Del.) and Chris Coons (D-Del.) joined 37 other Democratic Senators in demanding that Secretary of Health and Human Services (HHS) Alex Azar take immediate action to address the many ways in which Trump Administration policies that limit access to health care have undermined our preparedness for and ability to respond to the novel coronavirus outbreak. Specifically, the Senators asked Secretary Azar to commit to making any potential coronavirus vaccine affordable to all, stop promoting junk plans that don’t cover the care necessary to prevent the spread of the virus, and stop promoting efforts to undermine Medicaid that jeopardize people’s health care.

No patient should be discouraged from accessing necessary medical care because of the risk of large bills or a lack of health coverage—especially the midst of a public health threat. But, as the senators outlined in their letter to Azar, the Trump Administration has advanced a laundry list of policies that have made it harder for patients to get care, and thus weakened our ability to respond effectively to the coronavirus outbreak.

“When a patient who has potentially been exposed to the virus develops symptoms consistent with COVID-19, they should be able to seek appropriate medical care without being deterred by the risk of large bills. Patients often forego recommended tests and treatments because of cost,” said the senators. “For this reason, we are deeply concerned both by your refusal to commit that a potential vaccine for coronavirus will be affordable to anyone who needs it, and this Administration’ numerous policies that make it harder for patients to get care during an outbreak.”

The Senators urged HHS to prioritize our nation’s public health and:

•                     Commit to ensuring any future coronavirus vaccine is affordable for all. The Trump Administration has thus far refused to put in place price guardrails that would ensure everyone could access a potentially critical vaccine.

•                     Rescind the junk plan rule. The Trump Administration has expanded and promoted junk plans that discriminate against people with pre-existing conditions and don’t cover essential health benefits like hospital care, emergency care, laboratory services, or preventive services. These plans have already left a patient with an exorbitant bill for necessary care to help combat the spread of coronavirus. Junk plans could even stick patients with the bill for a potential coronavirus vaccine.

•                     Withdraw the 1332 waiver guidance. The administration released guidance encouraging states to apply for waivers that allow for the sale of coverage that doesn’t meet consumer protections for comprehensiveness and affordability. Reducing the comprehensiveness of coverage could leave patients paying bills for necessary care, like tests of vaccines.

•                     Stop working to undermine Medicaid by promoting barriers like work requirements. Medicaid is crucial to our ability to respond to public health crises, but the Trump Administration’s attacks–like promoting harmful work requirements–have already led to patients being kicked off the program and losing access to health care.

The Senators also urged the Administration to stop undermining the Affordable Care Act (ACA) with a partisan lawsuit. If the lawsuit is successful, millions of families could lose access to health care or be covered only by a junk plan, and any patient who contracts the coronavirus could face future discrimination from insurers for having a pre-existing condition.

In addition to Senators Carper and Coons, the letter was signed by Senators Patty Murray (D-Wash.), Ron Wyden (D-Ore.), Sherrod Brown (D-Ohio), Ed Markey (D-Mass.), Chuck Schumer (D-N.Y.), Richard Blumenthal (D-Conn.) Dick Durbin (D-Ill.), Chris Van Hollen (D-Md.), Sheldon Whitehouse (D-R.I.), Chris Murphy (D-Conn.), Jack Reed (D-R.I.), Tammy Baldwin (D-Wis.), Jeanne Shaheen (D-N.H.), Maggie Hassan (D-N.H.), Bob Menendez (D-N.J.), Cory Booker (D-N.J.), Patrick Leahy (D-Vt.), Ben Cardin (D-Md.), Mark Warner (D-Va.), Tina Smith (D-Minn.), Mazie Hirono (D-Hawaii), Gary Peters (D-Mich.), Michael Bennet (D-Colo.) Maria Cantwell (D-Wash.), Bernie Sanders (I-Vt.), Jeff Merkley (D-Ore.), Kirsten Gillibrand (D-N.Y.), Amy Klobuchar (D-Minn.), Tim Kaine (D-Va.), Debbie Stabenow (D-Mich.), Catherine Cortez Masto (D-Nev.), Elizabeth Warren (D-Mass.), Kamala Harris (D-Calif.), Brian Schatz (D-Hawaii), Martin Heinrich (D-N.M.), Jacky Rosen (D-Nev.), and Bob Casey (D-Pa.).

The full text of the letter is below:

March 4, 2020

The Honorable Alex Azar                                                   

Secretary                                                                           

U.S. Department of Health and Human Services                

200 Independence Avenue, SW                                         

Washington, DC 20201

 

Dear Secretary Azar,

We write to express our serious concern that this Administration’s health care sabotage and absence of a plan to lower drug prices undermine our ability to respond to the 2019 Novel Coronavirus (COVID-19) and future infectious disease outbreaks within the United States. In a February 25^th briefing, the Centers for Disease Control and Prevention (CDC) indicated that a domestic COVID-19 outbreak is inevitable, warning “it’s not a question of if, but rather a question of when and how many people in this country will have severe illness.”^[1] It is clear that all available measures should be employed to address this urgent public health threat.

When a patient who has potentially been exposed to the virus develops symptoms consistent with COVID-19, they should be able to seek appropriate medical care without being worried they cannot afford it. Patients often forego recommended tests and treatments because of cost.^[2] For this reason, we are deeply concerned both by your refusal to commit that a potential vaccine for coronavirus will be affordable to anyone who needs it,^[3] and by this Administration’ numerous policies that make it harder for patients to get care during an outbreak.

In testimony before the House Energy and Commerce Committee this week, when asked whether your Department would ensure that a vaccine will be affordable for anyone who needs it, you replied that you would “work to make it affordable,” but stopped short of committing that patients and families would be able to afford a vaccine. One consumer advocacy group estimates that the National Institutes of Health (NIH) have already invested $700 million in coronavirus research, while this Administration is refusing to place guardrails around the cost of a potentially critical vaccine in the middle of a global outbreak.^[4] We call on you to commit — as Administration policy — that anyone who needs it will be able to afford a vaccine for coronavirus.

This Administration’s health care sabotage also undermines readiness for a COVID-19 outbreak in the United States by endangering patient access to care.  The Administration has promoted junk insurance plans that can discriminate against people with pre-existing conditions and that do not comply with consumer protections like the essential health benefits and out-of-pocket limitations, distorted 1332 waivers to permit states to undermine the market for comprehensive coverage, and proposed damaging changes to Medicaid – which is critical to helping states react to public health emergencies – like block grants and work requirements.

Just this week, a patient in Miami, Florida presented at a hospital with flu-like symptoms after returning from a work trip to China.^[5] He realized his symptoms might not be a simple common cold and felt compelled to get tested for coronavirus. Fortunately, tests confirmed he had seasonal influenza and not COVID-19. Unfortunately, two weeks later, he received a bill with charges totaling $3,270 and a note that his short-term limited duration insurance (STLDI) or “junk” plan would not pay the costs without further documentation. More bills may follow, and the insurer that sold his “junk” plan is requiring the patient to provide three years of medical records to prove that his flu is not related to a pre-existing condition. Even if the insurance covers the encounter – which it’s not clear they will – the patient would still be on the hook to pay $1,400 out-of-pocket for the brief diagnostic encounter.

This patient’s experience is a foreboding tale about the public health catastrophe that will ensue if patients avoid seeking a diagnosis because the Trump Administration is once again allowing insurers to stick patients with huge bills for necessary care. As the patient put it, “How can they expect normal citizens to contribute to eliminating the potential risk of person-to-person spread if hospitals are waiting to charge us $3,270 for a simple blood test and a nasal swab?”

Insurers who sell junk plans are allowed to discriminate against people with pre-existing conditions by denying them coverage, excluding critical benefits and charging higher premiums. Additionally, the Trump Administration does not require junk plans to comply with consumer protections that limit out-of-pocket costs or require coverage of essential health benefits, including those that are needed to pay for the diagnosis, treatment, and prevention of COVID-19 like hospital care, emergency care, laboratory services, or preventive services. Junk plans aren’t even required to cover preventive services at no cost to patients, meaning they could stick patients with the bill for a potential coronavirus vaccine in the middle of an outbreak.

The Trump Administration’s subsequent 1332 guidance creates additional risks for addressing outbreaks. In addition to expanding the sale of STLDI, this guidance proposes that states allow the sale of other kinds of plans that would not cover essential health benefits, including laboratory services, hospital services, emergency care, and preventive care. This guidance would even let states encourage residents to sign up for junk plans by using taxpayer dollars to subsidize them.

Additionally, instead of promoting policies to support one of our most effective public health tools, the Medicaid program, this Administration is doing everything in its power to undermine it. Medicaid plays a critical role in helping states respond to disasters and public health emergencies. For example, Medicaid was able to provide enhanced funding and coverage in response to public health crises such as the Zika virus outbreak in Puerto Rico, the water contamination in Flint, Michigan, and the national opioid epidemic.^[6]

Yet, this Administration continues to attack the Medicaid program at every turn. As part of its 2021 budget, this Administration proposes to slash Medicaid by $920 billion. It has also proposed to gut Medicaid through block grants and caps that would restrict the ability of states to respond to public health emergencies like the coronavirus. It continues to support other harmful proposals, including policies included in the Medicaid fiscal accountability regulation that would slash funding to states, rescissions of access protections, the public charge rule and more that threaten access to essential care for those impacted by public health crises. It also has promoted harmful proposals like work requirements, which have led to patients being kicked off the program and losing access to affordable health care.

Finally, if successful, the Administration’s ACA lawsuit would rip away health coverage from millions of Americans benefiting from the Medicaid expansion and the exchanges who depend on these programs for access to essential care including preventive services such as vaccines and diagnostic tests. The Administration is trying to allow all insurers to once again be able to discriminate against people with pre-existing conditions. If the lawsuit is successful, a patient who comes down with COVID-19 could face future discrimination by their insurer, denying them crucial care.

To give patients and providers the tools to grapple with this developing public health crisis, we ask that you take immediate action to ensure the affordability of a potential coronavirus vaccine. We also ask that you rescind the Administration’s “junk” plan rule, withdraw the 2018 guidance that undermines implementation of the 1332 waiver guardrails as Congress intended, and stop the ongoing attacks on the Medicaid program, including the recently proposed block grant policy and other policies that would undermine this critical public health tool. Now more than ever, it is essential to protect patients and families and to encourage them to seek appropriate care when they become ill. We look forward to your response.

Sincerely, 

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Sen. Coons recognized for his support of Historically Black Colleges and Universities like Delaware State

WASHINGTON – In recognition of his work to support historically black colleges and universities (HBCUs), U.S. Senator Chris Coons (D-Del.) was recognized in the 2020 HBCU Congressional Honor Roll by UNCF, a leading advocate for HBCUs and provider of scholarships for underrepresented students. Senator Coons was included in the President’s Circle, the top tier of recognition for Members of Congress, for his work to fund HBCUs and promote college affordability. In December, Senator Coons worked to pass the FUTURE Act, which provides permanent funding to HBCUs like Delaware State University and simplifies financial aid applications nationwide.

“HBCUs like Delaware State are among our nation’s most important and cherished institutions, and I’m proud that we were able to reach a bipartisan agreement to permanently provide them with the federal funding they deserve,” said Senator Coons.  “We have much more work ahead to make college accessible and affordable for all Americans, and supporting HBCUs is an important part of that work. I’m honored to be recognized by the UNCF, and I’m committed to supporting Delaware State and HBCUs around the country in the years to come.”

Senator Coons was pivotal in the passage of the FUTURE Act last year. Both chambers of Congress passed a bipartisan agreement brokered by Senator Coons and several leading Republican and Democratic Senators to make permanent $255 million in annual funding for HBCUs and minority-serving institutions like Delaware State University. The legislation also simplified the Free Application for Federal Student Aid, or FAFSA, for 20 million American families and streamlined income-driven repayment for nearly 8 million borrowers. The FUTURE Act was signed into law on December 19, 2019.

The HBCU Congressional Honor Roll recognizes Members of Congress who go above and beyond in advocating for HBCUs and the students they serve. Senator Coons was honored at the 2^nd annual State of the HBCU Address in Washington, DC on March 3, 2020.

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Sen. Coons’ statement on Supreme Court’s announcement that they will hear challenge to Affordable Care Act

WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement after the Supreme Court announced they will hear oral arguments in Texas v. United States, a President Trump-backed lawsuit that asks the Court to strike down the Affordable Care Act.

“Today’s announcement is yet another reminder that President Trump and his Administration are actively working to strike down the Affordable Care Act and strip protections away from millions of Americans with pre-existing conditions, including 160,000 Delawareans. Make no mistake, if the Court accepts the extreme arguments made in this lawsuit, critical progress made under the Affordable Care Act would be wiped out: pre-existing condition protections will be eliminated, plans will not have to allow young people to stay on their parents’ insurance until age 26, and millions of families will lose their health care coverage. Delawareans who have health insurance plans through their employers will be impacted, too; the Affordable Care Act required all health insurance plans to cover preventive care and other services, so if the law is repealed, existing health insurance plans could be gutted overnight.

“This is unacceptable. The American people deserve a President who is working to improve access to quality, affordable health care coverage, not take it away. The Affordable Care Act isn’t perfect, but it’s made access to affordable health care a reality for tens of millions of Americans, and we should be working together to improve it.”

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Carper, Coons join colleagues to introduce bill to reverse President Trump’s diversion of funds to border wall, defend National Guard

WILMINGTON, Del. – U.S. Senators Tom Carper (D-Del.) and Chris Coons (D-Del.) joined 30 additional Senators to introduce the Restoring Military Priorities Act of 2020.  The bill would reverse and restore the Department of Defense’s (DoD) recent short sighted and dangerous transfer of $3.8 billion to be used to build part of President Donald Trump’s ineffective border wall.  The bill also reduces DoD’s transfer authority so that DoD cannot turn around and try to divert additional funding for President Trump’s border wall.  Currently, there is no other process at hand to reverse a reprogramming.

The transfer takes more than $1 billion from the National Guard, including $790 million for the National Guard and Reserve Equipment Account, and may impact funding for units within the state. The transfer also raids nearly $1.5 billion in funds provided by Congress to the Navy and Marine Corps—including funding for replacement aircraft vital to ensure the readiness and safety of our servicemembers.

“Once again, President Trump is ignoring the Constitution, disregarding a coequal branch of government and diverting funds from crucial military programs to build his ineffective border wall,” said Senator Carper. “Not only will this not address the challenges along our southern border, but diverting these funds appropriated to the Department of Defense will impact the readiness of our National Guard and make Americans, and our military, less safe. If President Trump is serious about securing the border, he should work with Congress to build upon the smart investments made by the Obama Administration to address the root causes of irregular migration at the U.S. southern border—rather than raiding funding dedicated to our military and National Guard.”

“It is unacceptable for the Trump Administration to divert Department of Defense funds away from the programs set by Congress,” said Senator Coons. “Not only does this reprogramming undermine the role of Congress in setting funding, but it could also harm the ability of the Delaware National Guard and Guard units around the United States to accomplish their missions at home and abroad.”

Along with Senators Carper and Coons, the bill was introduced by Senators Dick Durbin (D-Ill.), Patrick Leahy (D-Vt.), Jack Reed (D-R.I.), Brian Schatz (D-Hawaii), Doug Jones (D-Ala.), Tammy Duckworth (D-Ill.), Tammy Baldwin (D-Wis.), Chris Murphy (D-Conn.), Richard Blumenthal (D-Conn.), Patty Murray (D-Wash.), Jon Tester (D-Mont.), Dianne Feinstein (D-Cal.), Bob Casey (D-Penn.), Sheldon Whitehouse (D-R.I.), Bob Menendez (D-N.J.), Mark Warner (D-Va.), Ron Wyden (D-Ore.), Bernie Sanders (I-Vt.), Ben Cardin (D-Md.), Tom Udall (D-N.M.), Michael Bennet (D-Colo.), Amy Klobuchar (D-Minn.), Jeanne Shaheen (D-N.H.), Catherine Cortez-Masto (D-Nev.), Tim Kaine (D-Va.), Maggie Hassan (D-N.H.), Chris Van Hollen (D-Md.), Cory Booker (D-N.J.), Sherrod Brown (D-Ohio), and Mazie Hirono (D-Hawaii).

This was the third time in less than one year that the Defense Department has used this unilateral process to bypass Congress and divert funding to President Trump’s border wall. In the spring of 2019, the Defense Department transferred $2.5 billion in funding to be used to build part of President Trump’s border wall, and the President later raided an additional $3.6 billion in military construction funds for his wall.  Earlier this month, the Defense Department reprogrammed another $3.8 billion from the men and women of the National Guard and a variety of programs added by Congress to address shortfalls that were in many cases identified by military leaders.

In January, it was reported that President Trump intends to raid $7.2 billion in DoD funds this year to pay for his wall, diverting funding from military families and forcing American taxpayers to pay for his vanity project and failed campaign promise.

Full text of the legislation is available here.

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Sens. Coons, Carper, Rep. Blunt Rochester introduce resolution to honor Louis L. Redding, the first African-American attorney barred in Delaware

WILMINGTON, Del. – In celebration of Black History Month, U.S. Senators Chris Coons and Tom Carper and U.S. Representative Lisa Blunt Rochester (all D-Del.), along with U.S. Senator Marco Rubio (R-Fla.), introduced a resolution to honor Louis Lorenzo Redding, the first African-American attorney to pass the Delaware Bar in 1929.

“For 55 years, Louis L. Redding fought for the civil rights of all Delawareans. As the first African American admitted to the Delaware Bar, Redding played an integral role in the landmark U.S. Supreme Court case, Brown v. Board of Education, and many others,” said Senator Coons. “I am honored to introduce this resolution to recognize the life and work of a great attorney and even better man whose dedication to equality and justice made Delaware a better state and America a better nation.”

“Louis L. Redding dedicated his life to ending discrimination and promoting equality and justice for all Americans.” said Senator Carper. “This resolution shines a light on Mr. Redding’s incredible life, and reminds us that his significant contributions to our state and our nation must never be forgotten. I am pleased to join Senator Coons and Congresswoman Blunt Rochester to introduce this resolution honoring Mr. Redding and the positive impact his work continues to have in Delaware and across the nation.”

“The oft-used phrase of ‘trailblazer’ is simply insufficient to describe Louis L. Redding. For over a quarter-century, Mr. Redding was the only non-white lawyer in the state of Delaware,” said Representative Blunt Rochester. “His work to desegregate schools at home and around the country made possible a better and brighter education for a new generation of American children. I’m pleased to join with my Delaware colleagues to share with the nation the Redding legacy we know so well in the First State.” 

“I am proud to join Senator Coons in honoring Louis Lorenzo Redding and his lifelong dedication to justice and equality,” said Senator Rubio. “After teaching English and serving as a Vice Principal at Fessenden Academy in Ocala, Florida, the oldest continually operated school for African American students in Florida, he became the only African American in his Harvard Law School class and the first to pass the Delaware bar exam, Redding used his skills on the biggest judicial stage in our nation, arguing cases in front of the Supreme Court that included the landmark Brown v. Board of Education. His leadership on civil rights and as an advocate for school desegregation shaped the lives of generations of Americans, and his life serves as an example to all those who fighting for freedom, equality, and justice.”

“I wish to express sincere gratitude for this resolution honoring the legacy of Louis Lorenzo Redding. Like the First State – Delaware, my father was Distinctive and First,” said JB Redding, on behalf of the family of Louis L. Redding. “As the first African American Attorney in Delaware, he used stalwart determination and rigorous intellect to hew out a wide, ascending, just and inclusive stairway. We in the Redding line are among a multitude of beneficiaries climbing because of the work of ‘Lawyer Redding.’ Yet the family witnessed his most arduous labor after the victories in the highest courts of the land. My father understood that the legal triumphs would be hollow, unless they were followed by full implementation. We are hopeful that the history shared in this resolution will inspire the next generation of standard bearers for equal justice. Again, thank you Senator Coons for the honor of this resolution and for your consistent, insistent voice calling for liberty and justice FOR ALL.”

“It is with enormous gratitude that I add my voice to support Senator Coons’ Resolution honoring the life and work of Mr. Redding,” said Judge Gregory Sleet. “I am the first, and, to date, only, African American to serve as a United States Judge for or from the District of Delaware. By the dint of his example, I, and every Delaware judge or lawyer of color, past and present, are in a very real sense directly linked to him. Louis L. Redding planted the seed; indeed, he was the acorn from which we sprouted and thrive today.” 

“By any standards, Louis L. Redding, Esq. is one of America’s greatest treasures. While Attorney Redding is venerated for his works to transform the landscape of civil rights and education in Delaware, his critical role in shaping the strategy for the landmark Supreme Court case of Brown v. Board of Education and Burton v. Wilmington Parking Authority also transformed civil rights and education nationally,” said Wali Rushdan, Esquire. “Every American should know the name Louis L. Redding, Esquire and his remarkable contributions to our society. I applaud Senator Chris Coons and his staff for their leadership in advancing this resolution on the floor of the United States Senate so that all Americans can know and understand why Attorney Redding stands shoulder to shoulder with the greatest of our American heroes.”

As detailed in the resolution, Louis L. Redding made countless notable contributions to society during his career. In 1950, Redding served as the lead attorney in Parker v. University of Delaware, the case that desegregated the University of Delaware. He argued two U.S. Supreme Court cases that that were related to equal opportunities for African Americans: one of the five cases that was consolidated into the U.S. Supreme Court case of Brown v. Board of Education and the case of Burton v. Wilmington Parking Authority, which forbid a private entity from discriminating on the basis of race if the State approved, encouraged, or facilitated the relevant private conduct. Throughout his lifetime, Redding broke down barriers and paved the way for African-American lawyers both locally and nationally.

Text of the resolution is available here.

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Sen. Coons, colleagues demand investigation of President Trump’s influence on DOJ

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, joined other Democratic Judiciary Committee members in a letter to U.S. Department of Justice (DOJ) Inspector General Michael E. Horowitz demanding an investigation into recent DOJ actions that reflect a pattern of political influence to benefit President Trump’s personal and political interests.

Specifically, the letter points to Attorney General Barr and other political appointees overruling the sentencing recommendation made by career prosecutors in the case of Roger Stone, a top advisor to the president. Further, the letter points to Barr reportedly intervening in the case of President Trump’s former national security advisor Michael Flynn by appointing an outside prosecutor to scrutinize the work of career prosecutors. The letter includes an appendix of additional actions that suggest a pattern of political interference at DOJ.

“The public record provides a number of reasons to believe that President Trump or other White House officials are seeking to influence the Justice Department’s handling of certain investigations, civil lawsuits, and criminal prosecutions,” the senators wrote.

They continued, “Our concern is that politically motivated enforcement of federal law could become standard practice. This would permanently damage the integrity and independence of the Justice Department.”

In addition to Senator Coons, the letter is signed by each Minority Member of the Senate Judiciary Committee: Senators Kamala Harris (D-Calif.), Dianne Feinstein (D-Calif.), Patrick Leahy (D-Vt.), Richard Durbin (D-Ill.), Sheldon Whitehouse (D-R.I.), Amy Klobuchar (D-Minn.), Richard Blumenthal (D-Conn.), Mazie Hirono (D-Hawaii), and Cory Booker (D-N.J.).

 

Full Letter available below:

February 27, 2020

The Honorable Michael E. Horowitz                                    

Inspector General                                                                   

Office of the Inspector General                                             

U.S. Department of Justice                                                    

950 Pennsylvania Avenue, NW

Washington, D.C. 20530                                                                                                                    

Dear Inspector General Horowitz:

We write to request that you investigate an apparent pattern of political interference in Justice Department matters of personal or political interest to the President.

The Department’s mission to “ensure fair and impartial administration of justice for all Americans” requires that its prosecutorial decisions be insulated from political influence, including interference from the White House. Yet when Attorney General Barr appeared before the Senate Judiciary Committee on May 1, 2019, he did not provide a clear answer when Senator Harris asked whether he had received or acted upon requests or suggestions from President Trump or the White House to open specific investigations. 

The public record provides a number of reasons to believe that President Trump or other White House officials are seeking to influence the Justice Department’s handling of certain investigations, civil lawsuits, and criminal prosecutions. For example:

·         Attorney General Barr and other political appointees overruled the sentencing recommendation made by career prosecutors in the Roger Stone case. This caused all four career prosecutors to withdraw from the case, with one resigning from the Department. 

·         The Attorney General reportedly assigned an outside prosecutor to scrutinize career prosecutors’ handling of the case against Michael Flynn, President Trump’s former National Security Adviser.  The President has repeatedly called Flynn’s prosecution “unfair.”

·         Former U.S. Attorney Jessie Liu reportedly pursued a case against former FBI Deputy Director Andrew McCabe even after a team of career prosecutors concluded they could not win a conviction.  According to recent reports, the replacement of Liu with a new U.S. Attorney was related to her failure to indict McCabe—a frequent target of the President’s “deep state allegations.”

These actions, along with those detailed in the attached appendix, suggest political interference in the Justice Department’s work. A number of Justice Department policies and regulations exist to prevent this from happening. Our concern is that politically motivated enforcement of federal law could become standard practice.  This would permanently damage the integrity and independence of the Justice Department.

We therefore request that your office investigate whether these incidents are indicative of a pattern of abuse or misconduct in Department programs, or by Department employees. 

Sincerely,

APPENDIX

President Trump’s efforts to investigate his political rival, Hillary Clinton. Volume II of Special Counsel Robert Mueller’s report on Russian interference in the 2016 election detailed three separate occasions on which President Trump asked or suggested that then-Attorney General Jeff Sessions investigate the president’s former opponent, Hillary Clinton. The Special Counsel’s report also described a series of tweets in which the president suggested or openly called for criminal investigations into Clinton. In November 2017, Sessions tasked U.S. Attorney John Huber with investigating allegations by Trump and his allies that the FBI had not adequately pursued investigations into the Clinton Foundation and Uranium One. The investigation reportedly concluded with no charges after Huber “found nothing worth pursuing.”

Prior to his confirmation, Attorney General William Barr claimed that there was a stronger predicate for investigating the Clinton Foundation and Uranium One than there was for investigating the Trump campaign’s ties with Russia—although he was unable to detail that predicate during his confirmation hearing, instead referring to “smoke around the issue.” The Office of the Inspector General recently completed an exhaustive investigation into whether the Crossfire Hurricane investigation had an adequate factual and legal predicate, and should similarly evaluate whether the Huber investigation was adequately predicated.

President Trump’s efforts to investigate his political rival, Joe Biden. As documented in a rough transcript of a phone call released by the White House, on July 25, 2019, President Trump not only attempted to coerce the newly-elected president of Ukraine into assisting with investigations into his political rival—a scheme orchestrated by his personal attorney, Rudy Giuliani—but President Trump also suggested that he would work through the Justice Department and instruct Attorney General Barr to follow up with Ukrainian officials about the investigations. Despite receiving a criminal referral from the CIA General Counsel and the National Security Council’s top lawyer, the Department quickly concluded “there was no campaign finance violation and that no further action was warranted.”

A Justice Department spokesperson later denied that the attorney general had knowledge of or spoke to the president about the July 25 call, but public reports subsequently established that he did in fact meet with individuals involved in the Ukraine scheme. In August 2019, Attorney General Barr met with two lawyers who, working with Giuliani, had reportedly offered to “fix” federal criminal investigations of Ukrainian oligarchs in exchange for the oligarchs’ assistance in digging up dirt on President Trump’s political rivals. The outcome of that meeting remains unknown. 

Efforts to exonerate President Trump’s political allies.

·         It appears that President Trump’s personal and political interests influenced the Justice Department’s sentencing recommendation for Roger Stone, a longtime adviser to President Trump. On February 10, 2020, career prosecutors filed a sentencing memorandum recommending that Stone be sentenced to seven to nine years in prison after a jury convicted him of seven felonies for obstructing Congress, lying under oath to investigators, and interfering with witness testimony related to his efforts to learn about hacked Democratic emails during the 2016 U.S. presidential election. On February 11, 2020, the morning after the sentencing memorandum was filed, President Trump criticized the proposed sentence on Twitter, saying “This is a horrible and very unfair situation. The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!” Just hours after President Trump’s disapproving tweet, a senior Justice Department official announced that the Department planned to overrule its career prosecutors and reduce the sentence recommendation. After the decision was announced, four career prosecutors who handled the case against Roger Stone withdrew from the case, and one resigned from the Department altogether.

·         According to recent reports, Attorney General Barr has also intervened in the case against President Trump’s former National Security Adviser Michael Flynn, whose prosecution Trump has repeatedly criticized as “unfair.” Flynn pleaded guilty in 2017 to lying to the FBI but moved to withdraw his guilty plea in January 2020. On January 7, 2020, prosecutors filed a memorandum recommending a prison sentence between zero and six months. The Department weakened that recommendation in a new filing on January 29, which indicated that a sentence of probation would be “reasonable.” Earlier this month, it was reported that Barr had assigned U.S. Attorney for the Eastern District of Missouri Jeff Jensen to review the handling of Flynn’s case, which was prosecuted by career attorneys on the Special Counsel’s team and in the U.S. Attorney’s Office for the District of Columbia.

Rudy Giuliani wields undue influence over the actions of the Justice Department.

·         Giuliani peddles his influence at the Justice Department as leverage in his smear campaign against President Trump’s political rival, Joe Biden. As documented in a rough transcript of a phone call released by the White House, on July 25, 2019, President Trump attempted to coerce the newly-elected president of Ukraine into assisting with investigations into his political rival—a scheme orchestrated by his personal attorney, Rudy Giuliani. In August 2019, Attorney General Barr met with two lawyers who, working with Giuliani, had reportedly offered to “fix” federal criminal investigations of Ukrainian oligarchs in exchange for the oligarchs’ assistance in digging up dirt on President Trump’s political rivals. The outcome of that meeting remains unknown. 

·         Giuliani provides Ukrainian propaganda and misinformation to the Justice Department. On February 11, 2020, Attorney General Barr confirmed a claim made by Senator Lindsey Graham that the Justice Department has “created a process that Rudy could give information [about President Trump’s desired investigation into former Vice President Biden and his son Hunter Biden] and they would see if it’s verified.” A Justice Department official later confirmed that Giuliani—who is currently being investigated in the Southern District of New York—had “recently” shared information obtained from multiple Ukrainian officials related to former Vice President Joe Biden and his family through this “process.” 

·         President Trump pressures the Justice Department to drop cases against Giuliani’s clients. Reports suggest that efforts by allies of the president to influence federal criminal investigations are not limited to Ukraine. For example, it was reported that, during a 2017 Oval Office meeting with President Trump and then-Secretary of State Rex Tillerson, Giuliani sought to secure the release of his jailed client, an Iranian-Turkish gold trader named Reza Zarrab, as part of a potential prisoner swap with Turkey. According to reports, President Trump urged Tillerson to pressure the Justice Department to drop its case against Giuliani’s client.

Improper communications between the Justice Department and the White House. President Trump has not acted alone in improperly suggesting that the Justice Department be used to settle his personal and political scores. During Matthew Whitaker’s tenure as Chief of Staff to former Attorney General Jeff Sessions, he reportedly “frequently spoke by phone with both [President] Trump and Chief of Staff John Kelly” and “privately provided advice to the president . . . on how the White House might be able to pressure the Justice Department to investigate the president’s political adversaries.” Mr. Whitaker was reportedly “seen by Department officials as a partisan and a White House spy” who was “counseling the White House on how the President and his aides might successfully pressure Sessions and [former Deputy Attorney General Rod] Rosenstein to give in to Trump’s demands.”

Targeting states that use their sovereign powers to minimize the damage of President Trump’s regressive policies and positions.President Trump has repeatedly expressed an animus toward the state of California, and that animus appears to have played a role in the Department’s decisions to challenge the state’s carbon-cutting pact with Quebec and open an antitrust inquiry into a deal California made with four automakers to reduce carbon emissions.

Targeting companies that President Trump dislikes. President Trump has repeatedly expressed his disdain for CNN, and in late summer 2017, President Trump reportedly ordered then-director of the National Economic Council Gary Cohn to pressure the Justice Department to intervene in AT&T’s acquisition of Time Warner, which owns CNN. The Department later filed suit to block the merger.

The Office of Legal Counsel’s use of its power and status to insulate President Trump from accusations of wrongdoing. Over the past three years, OLC has provided questionable legal justifications and political cover for some of the Trump Administration’s most controversial and politically fraught actions.

·         The Whistleblower: On September 24, 2019, OLC issued a memorandum that overruled a decision made by the Inspector General of the Intelligence Community (“ICIG”) that a whistleblower complaint outlining President Trump’s misconduct was not an “urgent concern” as defined in the Intelligence Community Whistleblower Protection Act, 50 U.S.C. § 3033(k)(5)(G). The complaint outlined President Trump’s attempt to pressure the newly-elected president of Ukraine to announce investigations into President Trump’s political rival and a debunked conspiracy theory that Ukraine—not Russia—had interfered in the 2016 election—serious accusations that ultimately resulted in President Trump’s impeachment.

After OLC overruled the ICIG, the whistleblower complaint was referred to the Criminal Division of the Department of Justice for “appropriate review.” The OLC memorandum and subsequent actions taken by the Department of Justice were resoundingly criticized by dozens of Inspectors General, including yourself. You, and your fellow inspectors general, wrote, “OLC substituted its judgement and reversed a determination the statute specifically entrusted to the ICIG” and that the opinion was “wrong as a matter of law and policy.”

·         President Trump’s So-Called Border Wall: OLC bowed to political pressure to legitimize President Trump’s decision to invoke a national emergency to secure funding for a border wall. Despite the fact that OLC lawyers were “frustrated” and “skeptical” of the decision, OLC “ultimately gave its blessing, people familiar with the matter said.”

·         President Trump’s Tax Returns: OLC again bowed to political pressure when it provided a legal justification for Treasury Secretary Steve Mnuchin’s refusal to produce President Trump’s tax returns—despite a contrary legal opinion issued by the Internal Revenue Service—and cautioned the judicial branch that intervention in the dispute would be inappropriate.

·         Online Gambling: In January 2019, bowing to political pressure and political donors, OLC released an opinion that restricted online gambling. The opinion appears to have been influenced in part by Sheldon Adelson, a casino owner and political donor who spent millions of dollars to elect President Trump.

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Sen. Coons, colleagues call for expanded investigation of Giuliani contacts with Justice Department

WILMINGTON, Del. – Senator Coons joined a group of senators in calling on the U.S. Department of Justice Inspector General to expand his investigation of Rudy Giuliani’s contacts with the Federal Bureau of Investigation (FBI) to include troubling contacts elsewhere in the Department.  Giuliani is reported to have met on numerous occasions with top Justice officials with authority over matters involving Giuliani’s clients, such as an individual implicated in funneling $10 billion to Iran in defiance of U.S. sanctions and another involved in a scheme to embezzle $1.2 billion from Venezuela’s government-owned oil company and launder it through false real estate and security deals.  These incidents add to evidence of Giuliani’s far-reaching effort to use the Department to initiate investigations that would benefit President Trump politically, including the push to investigate former Vice President Joe Biden.

“We are concerned that Mr. Giuliani’s interactions with senior DOJ officials may have unduly influenced or created conflicts of interests with regard to DOJ activities,” the senators write.  “At a minimum, Mr. Giuliani’s access creates an appearance of impropriety that could undermine trust in the agency.  If his contacts do not violate one or more of these provisions, further internal guidance may be needed to ensure that DOJ delivers ‘fair and impartial administration of justice for all Americans.’”

Senators Patrick Leahy (D-VT), Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), Amy Klobuchar (D-MN), Chris Coons (D-DE), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Cory Booker (D-NJ), and Kamala Harris (D-CA) also joined Ranking Member Dianne Feinstein (D-CA) in the request.

The Inspector General’s office is currently investigating whether agents in the FBI’s New York field office improperly leaked information to Giuliani about the Bureau’s investigation into Hillary Clinton’s use of a private email server in 2016.  At the time, Giuliani was affiliated with the Trump campaign.  Giuliani’s leaks may have prompted FBI director James Comey to publicly announce the discovery of additional emails in the closing weeks of the 2016 Presidential campaign. 

The letter is available here.