Kiyo Matsumoto and Paul Gardephe

Floor Speech

KIYO MATSUMOTO AND PAUL GARDEPHE -- (Senate - July 17, 2008)

Mr. SCHUMER. Mr. President, I rise to speak about two judicial nominees who were approved by this Chamber a few hours ago, both from my home State of New York. Happily, earlier today, they were confirmed by voice vote to be district judges in the Southern and Eastern Districts of New York. Both of these nominees, Magistrate Judge Kiyo Matsumoto and Paul Gardephe, were rated unanimously ``well qualified'' by the American Bar Association, and both were unanimously reported out of the Judiciary Committee before they were confirmed today.

In New York, we have actually worked out a wonderful system for nominating judges to the district and circuit courts in which the President and I have worked extremely well together to name mainstream, consensus candidates to the Federal bench such as these two nominees.

Some of my Republican friends were here on the floor earlier making all kinds of assertions about the judicial nominations process. Undoubtedly, there has been rancor when it comes to judges from other parts of the country, but it doesn't have to be that way. When the administration works closely and cooperatively with home State Senators, as we have done in New York, things work out extremely well. Highly qualified, mainstream judges, not too far on either side, are approved--some nominated by the President and some nominated by the Senators from New York. In my State, we work well together. The results are not only mainstream consensus nominees but mainstream consensus nominees without the acrimony. Two of the consensus nominees were before us earlier today.

I am particularly pleased to support Judge Matsumoto in the Eastern District to be judge because I personally recommended her to the President. When I interviewed her, I was deeply impressed by her poise, intellect, temperament, and thoughtfulness. The sitting judges in the district speak extremely highly of her, and her record of public service and accomplishment speaks for itself. Her confirmation, moreover, is historic. She now becomes only the second Asian-American woman ever to be confirmed to the Federal bench. We hope another and another and another will come soon.

Judge Matsumoto graduated with high honors from the University of California at Berkeley and received her J.D. from Georgetown. Her distinguished career has included work in the private sector, in academia, and public service. For years, Judge Matsumoto has been a well-respected Federal magistrate judge in the Eastern District. In fact, on only one occasion has a reviewing district court judge declined to adopt Judge Matsumoto's report or recommendations. That is an extremely impressive record.

I am not only proud to support the nomination of Judge Matsumoto because of her integrity and qualifications but also because I believe she will contribute to a diversity of perspectives on the Federal bench. I have always believed that our Federal bench should reflect the same broad diversity of experience as America writ large. I have endeavored to add minorities to the benches of New York State. I am endeavoring now to add women as well because fewer than one-third of sitting judges in the Eastern District are women, and Judge Matsumoto will help narrow the gap. I have also nominated a woman to sit in the Southern District whom, hopefully, we will nominate next week, as she was approved by the Judiciary Committee unanimously.

Of course, there is an unfortunate underrepresentation of Asian Americans on the bench. With her confirmation, Judge Matsumoto becomes only the third Asian-American Federal judge outside of the Ninth Circuit and only the second ever in New York. The only other, Denny Chin, was confirmed to the Southern District bench 14 years ago.

Judge Matsumoto has received the enthusiastic support of other groups, including the National Asian Pacific American Bar Association. They call Judge Matsumoto's nomination ``a potential milestone for the Asian Pacific American community.'' I couldn't agree more.

Judge Matsumoto's father and mother, merely because they were of Japanese descent, were forcibly removed to an internment camp during World War II. Fifty years later, their daughter ascends to the Federal bench. This shows that in America, we make our mistakes, but we also have greatness. Judge Matsumoto's life and career show the greatness of those who believe in America and push our Nation to its best potential. The woman whose family was subject to the worst injustice under law, now, as a result of her own talent and hard work, has a seat of legal power to judge others with intellectual excellence and fairness. God bless America for these kinds of things that happen.

Finally, I would like to say a few words in favor of Judge Paul Gardephe, who was earlier confirmed as a judge in the Southern District of New York. Mr. Gardephe has an impressive and eclectic legal resume that includes work in both the public and private sector, work on criminal prosecution, criminal defense, civil litigation, and corporate law. He is a magna cum laude graduate of the University of Pennsylvania and Columbia Law School. He served as a law clerk to Judge Engel on the Sixth Circuit, has spent 9 years as a prosecutor in the Southern District, and worked as deputy general counsel for Time, Inc. Mr. Gardephe also worked for the inspector general in the Department of Justice, where he was involved in the review of the Department's performance in the Robert Hanssen and Aldrich Ames spying cases. Mr. Gardephe was also honored with the Thurgood Marshall Award for his work representing a death row inmate pro bono.

When I decide whether to support a nominee to the Federal bench, the most important criteria to me is this: Is the nominee an ideologue or will the nominee place the rule of law ahead of his or her own personal ideological views? I believe both of these nominees will make excellent judges who will be impartial and thoughtful guardians of the rule of law. I am pleased that my colleagues voted to confirm both of them. I heartily congratulate the nominees and their families.

I yield the floor.

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