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Floor Speech

Date: March 21, 2024
Location: Washington, DC

BREAK IN TRANSCRIPT

Mr. BOOKER. Mr. President, I rise today to speak about an exceptional American, Adeel Mangi, who is a nominee for the U.S. Court of Appeals for the Third Circuit. He is eminently, extraordinarily, very impressively qualified.

He has degrees from Oxford University and Harvard Law School. For over 20 years, he has been a highly respected complex litigation attorney in one of our country's premier law firms, where he has become a star, a star in the legal profession as one of the very best trial attorneys in our country.

Beyond finding success after success professionally for his clients, he has spent countless hours providing pro bono services for causes fundamental to our American ideals of freedom, liberty, and justice.

The support of Adeel Mangi has inspired, for his nomination, incredible support. It has seen support across the ideological spectrum and speaks to the character and integrity of the man. Dozens of prominent State and national organizations, ranging from civil rights groups, law enforcement associations, anti-hate groups, professional legal groups, all have endorsed his nomination, including so many from New Jersey and of course the New Jersey State and Federal bar associations. Mr. Mangi has received the highest possible rating for judicial nominees from the American Bar Association.

A bipartisan--bipartisan--group of former State attorneys general have written in support of his nomination, writing:

It is our collective judgment that Mr. Mangi is eminently qualified to sit on the Court. Mr. Mangi's legal career has been exemplary of a commitment to the rule of law and upholding constitutional principles.

Folks from the left, folks from the right, law enforcement, civil rights groups, and more--he has not only earned this nomination from the President of the United States, but his qualifications from that have been celebrated by groups all across our political spectrum and people in charge of our public safety in New Jersey.

Despite all of this though, what is outrageous to me, disappointing, and disheartening is that he is facing unimaginable attacks, not on anything that he has said or written, not on any of the cases that he has successfully tried, but he is facing attacks on his character.

And these attacks are recalling some of the darkest chapters of our Nation's history. The attacks on him are unwarranted. They are untruthful. They have no basis in fact. And, sadly, they smack of bigotry.

They intend to exploit people's fears. They intend to exploit people's fears of his faith. They are attacks on his character and his reputation, attempts to smear, attempts at fear.

I was blown away when the Republican leader came to the floor today and said something I never imagined I would hear on this floor about a man of such character.

He said that Mr. Mangi has ``anti-Semitic affiliations.'' Now, I know how people here feel when someone calls someone else racist or a bigot or makes accusations of hate, but the Republican leader said he has ``anti-Semitic affiliations.''

He said Mr. Mangi ``has repeatedly chosen . . . to mingle with supporters of terrorists and cop killers.''

That is a staggering charge, and yet it is the pattern that we have seen against Mr. Mangi--attacks not on his writings, not on his legal work, not on anything he has said, one quote that has come from his mouth. They are making an accusation that he mingles with supporters of terrorism, people who want to threaten the lives of Americans.

This is a continuation of what he faced in his confirmation hearing.

I read to you the interrogation that was given to him by the junior Senator from Texas. When asked if he would condemn an event by the Center for Security and Race at Rutgers Law, which had an event with a panelist who had been convicted once before of terrorism--an attempt to make an association, a trial of his character based on no association--Mr. Mangi responded: I never heard of this event prior to today. It was never brought to the advisory board, which met once a year to discuss.

You see, he was on the advisory board of this organization at Rutgers Law that met once a year to evaluate scholarly writings to be included in an academic journal.

And so Senator Cruz read a 2021 letter from the Center for Security, Race and Rights at Rutgers Law School related to the Israel-Gaza conflict. Mr. Mangi, again, explained that he had never seen the letter before. He was continuing to press that the letter--and repeatedly interrupted as Mr. Mangi tried to answer again and again.

Mr. Mangi: ``Senator, I said this earlier, but let me repeat it because I think it is critical.''

He is interrupted by Senator Cruz and asked a question that had never been asked before to any nominee--ever--before the Judiciary Committee.

Mr. Cruz: ``Do you condemn the atrocities of Hamas terrorists?''

Mr. Mangi immediately, ``Yes. That was what I wanted to address.''

Mr. Cruz: ``Is there any indication of those atrocities?''

Again, a question never asked before.

``Senator, I will repeat myself,'' Mr. Mangi says.

Interrupting him, ``I am going to ask you again, is there any justification for those [horrors]?''

Mr. Mangi: ``This was going to be my next sentence, Senator, which is I have no patience, none, for any attempts to justify or defend those events. Senator, I don't think anyone feels more strongly than me.''

And the Senator asked him whether he supported the 9/11 attacks--a question posed to no other American before our committee--the attacks of 2001.

Mr. Mangi: ``Senator, I don't think anyone feels more strongly about what happened on 9/11 than someone who was there, who saw with my own eyes the smoke billowing from the towers.''

What American is asked such questions? What American has to defend their condemnation for the 9/11 attacks? What American has to declare that they don't support terrorism? What American? Adeel Mangi, who happens to be a Muslim American.

This is disgusting. This reeks of sort of old-style attacks to appeal to fear in order to smear someone's character based upon who they are, based upon their faith.

And an accusation by our Republican leader that Mr. Mangi somehow mingles with supporters of terrorists and cop killers, while the Anti- Defamation League--the preeminent American organization that fights against anti-Semitism, the preeminent organization that investigates anti-Semitism, the preeminent organization that time and time again condemns anti-Semitism--sprang to Mr. Mangi's defense.

I quote from their letter:

Mr. Mangi was subjected to aggressive questioning unrelated to his professional expertise or qualifications. Rather, he was forced to provide responses to a wide range of inquiries regarding his views on global strategic considerations in a manner that inappropriately politicized these issues and raised serious questions regarding pretext and bias.

Just as associating Jewish Americans with certain views or beliefs regarding Israeli government actions would be deemed antisemitic, berating the first American Muslim federal appellate judicial nominee with endless questions that appear to have been motivated by bias towards his religion is profoundly wrong.

The ADL then called on Senators to offer Mr. Mangi a fair vote, based on his qualifications, his fitness for the job, his legal acumen, his sense of fairness.

But the ADL wasn't alone in responding to these attacks on his character. As the Republican leader said, ``mingling with supporters of terrorists and cop killers,'' ``anti-Semitic affiliations,'' Jewish groups jumped to his defense. The American Jewish Committee, the National Council for Jewish Women, a coalition of 15 Jewish organizations, representing more than a million Jewish Americans, have also voiced their condemnation of this line of attack and their support for Mr. Mangi.

In Mr. Mangi's hearings, my colleagues asked the unbelievable that any American would be insulted to be asked: Was there any justification for 9/11?

Was there any justification for 9/11?

Never before asked to any other appellate nominee, but a Muslim American has to endure such questioning. This is unique and insidious to be directed to the first Muslim ever nominated by a President.

And yet, even so, Mr. Mangi sat there in that hearing with grace and dignity and unequivocally affirmed his patriotism, unequivocally affirmed his condemnation of terrorism. With dignity and grace and a calm voice, he rejected anti-Semitism outright. He said there is no justification for terrorist attacks like 9/11; there is no justification for the horrors of October 7; and he reaffirmed his belief in the right for Israel to exist. This is all on the record.

Mr. Mangi has faced accusations that tried to smear his character, to whip up fear against him, to turn him into something he is not. But this isn't the only angle of unfounded attack. Mr. Mangi is said to be--and I quote again--``he is said to be mingling with cop killers.'' ``Mingling with cop killers''--the absurdity of that statement, the falsity of it is extraordinary. It is extraordinary in the face of all the law enforcement groups in my State that support him. It is extraordinary in the face of all the legal leaders and the law enforcement leaders in my State who support him.

And where does this accusation even come from? What could possibly fuel such an accusation? It is because he served on an advisory board for a nonprofit called the Alliance of Families For Justice. What does this organization do? It supports formerly incarcerated individuals and their families through reentry services, legal support, and political advocacy. That is the organization.

And how did he get affiliated with this organization? Well, as a pro bono case, he chose to represent the family of an inmate in New York State prison, a man who had disabilities, mental disabilities, who was murdered by correctional officers. And as is a tradition in our legal system, he provided that family not with criminal support but in a civil case. And he won that civil case. Not only did he win that civil case showing it was a wrongful death, but he won the biggest settlement for the family.

Pastor Julia Ramsay-Nobles sent a letter to the Senate about this case. It captures the truth about Mr. Mangi's work with the Alliance For Families of Justice. It says:

Dear Chairman Durbin and Ranking Member Graham:

My name is Julia Ramsay-Nobles. I am a Pastor who lives in upstate New York. I recently learned that my attorney, Adeel A. Mangi, has been nominated to serve as a Circuit Judge for the United States Court of Appeals for the Third Circuit. I was so happy and proud to hear the news. I wanted to send you a letter to help you know Adeel as I know him.

In April of 2015, I received the worst possible news: my brother, Karl Taylor, who was incarcerated in an upstate New York prison, had died. Karl suffered from serious mental health challenges. The prison officials told me that he was ``code blue,'' but did not explain what that meant. I could not get any answers. I felt so powerless and helpless.

Several months later, a community group introduced me to Adeel and his team of lawyers . . . While I was hopeful--I never give up hope--I also felt skeptical. Why would these people care about what happened to my brother? Would they care about me?

Over the following five years, I came to know Adeel as a man of integrity and an extraordinary lawyer. He and his team spent five years investigating my brother's death and holding the powerful to account. They delivered the answers that I was seeking, horrific as they were. While we are from very different backgrounds, we formed a close bond that I cherish to this day.

A Christian pastor, a Muslim lawyer, working together for American justice. And that affiliation with this organization focused on helping families of incarcerated people, an advisory board that he sat on that never had a meeting, where he just agreed to accept cases, that is the affiliation which has earned him to be called by one of the most powerful people in our country ``someone who mingles with supporters of cop killers.''

That is a lie. It is a lie. It is smearing the character of an American who stood up for the powerless. It is a lie, an attack on a man because of who he is.

Never before has a judicial nominee before the Judiciary Committee been asked to renounce terror, never before has a nominee before the Judiciary Committee been accused of such baseless attacks.

This is the world's most deliberative body, but we have not brought the world's most deliberative body to the point where we are not evaluating the character or the fitness of a supremely well-qualified nominee to serve in our judiciary. But what has this room become now? A place where ad hominem, salacious attacks that have no basis in fact, in fact, twist the truth, which is: This is a man who stands up for our shared values and our shared ideals, who stands for the honor of our flag and country. It is character assassination. It is guilt by association. It is a cancer on our society.

We deserve better. Mr. Mangi deserves better. This is a man whose parents left their home country, yearning for a better future. They worked hard to put him through the best schools they could. They came to the United States because they believed in this Nation; they believed in our ideals. They had hope for the future that America would bring. They are proud Americans.

He studied at Harvard Law School to pursue a legal career to uphold the ideals of justice that we swear to, the ideals of liberty and justice for all. He reached the heights of his profession. And because at the heights of his profession, he made a decision to serve his country, he is before us as a nominee by the President of the United States, the first Muslim-American nominee to the Federal Appeals Court. This should be a great American story. It should be something we celebrate. And yet he is attacked not because of what he has written, not because of what he has said, not because of cases he has taken, not because of an interview, not because of a college law school or grad school paper. He is being attacked by made-up charges that have been debunked time and time again by the facts.

And how would any of us feel if we were applying for a position to serve our country--be it on the bench, be it in the military, be it in administration--and be subjected to this type of attack and accusation?

Think about what they are going through now as a family. When you Google ``Adeel Mangi,'' when his children do or his grandchildren do, do you know what comes up? The Washington Times article which published an image that superimposed the green Hamas flag onto his face. When his children or grandchildren Google him, what will come up? The Judicial Crisis Network, a rightwing front group dedicated to attacking President Biden's judicial nominees. They have spent tens of thousands of dollars running an ad calling him ``Anti-Semite Adeel,'' complete with video of planes crashing into the Twin Towers on 9/11.

It pains me to repeat those words into this historical record, but there is no other way to express how debasingly low groups have gone to attack him. It is grotesque.

When Muslim Americans or any American that has their faith that might be different looks to the highest deliberative body in the land and what did they do when the first Muslim tried to reach for the appeals court to serve as a judge? What happened to him? This is the story that will be told. This is toxic. This is dangerous. This is cancerous.

The attacks recall some of the darkest chapters of our history. It speaks back to the time when loyal Americans were sent to internment camps, not because of their beliefs, loyal Americans were sent to internment camps not because of things they said or they wrote; loyal Americans were sent to internment camps just because they were Japanese. It goes back to the dark chapters of our country, the Red Scare that led to the blacklisting, the persecution, the loss of jobs, the loss of reputation because of the Red Scare that was spread.

There was a courageous Republican who stood on this floor during that time of the Red Scare, a courageous Republican. I want to read Margaret Chase Smith's words, perhaps to wake up the echoes of this body of how horrible and dark this moment is to maybe cast some light.

Margaret Chase Smith, in the time of the Red Scare, spoke from this floor:

I think that it is high time that we remembered that we have sworn to uphold and defend the Constitution. I think it is high time that we remembered that the Constitution, as amended, speaks not only of the freedom of speech but also of trial by jury instead of trial by accusation.

Whether it be a criminal prosecution in court or a character prosecution [here] in the Senate, there is little practical distinction when the life of a person has been ruined.

Margaret Chase Smith continues:

Those of us who shout the loudest about Americanism in making character assassinations are all too frequently those who, by our own words and acts, ignore some of the basic principles of Americanism.

The exercise of [our] rights should not cost one single American . . . his reputation or his right to a livelihood nor should he be in danger of losing his reputation or livelihood merely because [of what happens to be his beliefs or, I add, his faith.]

As a warning to a Republican leader that accuses a good American of mingling with supporters of terrorists and cop killers, of saying that he has anti-Semitic affiliations, I read these final words of Margaret Chase Smith:

I do not want to see the Republican party ride to political victory on the Four Horseman of Calumny--Fear, Ignorance, Bigotry, and Smear.

I doubt if the Republican party could, simply because I don't believe the American people will uphold any political party that puts political exploitation above national interest.

Adeel Mangi is a great American. Adeel Mangi has served his nation. Adeel Mangi has risen to the top of his profession. Adeel Mangi has dared to represent the poor against the powerful. Adeel Mangi has become the first in our country's history to be nominated by a President of the United States to the highest court--to the highest appeals court.

What has he been greeted with? A fair evaluation of his character? A fair evaluation of his body of work? A fair evaluation of his writings? A fair evaluation of his speeches? A fair evaluation of his temperament? No. He has been accused of mingling with terrorists and cop killers. He has been accused of being anti-Semitic. Why? Is it because he is Muslim?

I heard a speech against him reading all the groups that stand against him. I read some of the supporters: the AFL-CIO; the SEIU; the Association of the Federal Bar of New Jersey; the Asian Pacific American Lawyers of New Jersey; the Capital Area Muslim Bar Association; Muslim American Judicial Advisory Council; Muslim Bar Association of New York; New Jersey Muslim Lawyer's Association; National LGBTQ+ Bar Association; New Jersey State Bar Association; South Asian Bar Association of New Jersey; South Asian Bar Association of North America; former attorneys general, Republican and Democrat, and U.S. attorneys, Republican and Democrat, of New Jersey; a group of New Jersey sheriffs; Hispanic American Law Enforcement Association; New Jersey Asian American Law Enforcement Officers Association; LGBTQ Law Enforcement Liaison of New Jersey; Muslim American Law Enforcement Association; the National Black State Troopers Coalition; NOBLE of New Jersey; NOBLE, Region 1; the National Organization of Black Women in Law Enforcement; the American Association of Jewish Lawyers and Jurists; the American Jewish Committee; the Anti-Defamation League; the Alliance for Jewish Renewal; Bend the Arc; Jewish Action; Carolina Jews for Justice; Jewish Community Action; Jewish Democratic Council of America; Jewish Women International; National Council of Jewish Women; New York Jewish Agenda; Society for Humanistic Judaism; T'ruah: The Rabbinic Call for Human Rights; the Shalom Center; the Workers Circle; Zioness; Alliance for Justice; the Leadership Conference on Civil and Human Rights; the National Women's Law Center; the NAACP Legal Defense Fund; the NAACP of Hunterdon County; People for the American Way; American Indivisible; Muslim Advocates; Muslims for Progressive Values; the Republican-appointed Honorable Timothy K. Lewis, former judge, U.S. Circuit Court of Appeals for the Third Circuit and the U.S. District Court for the Western District of Pennsylvania; members of New Jersey's local leadership; former colleagues from a joint defense group; Partners of Jewish Faith; the letter I read from Pastor Julia Ramsay- Nobles; and the list goes on.

Mr. President, I beg your indulgence because this is one of the sadder days I have had in the U.S. Senate. I believe in this place. I believe in these values. But I see this moment that we are about to take a step to break a barrier in this country. Even the State of Israel has had Muslims on their supreme court. But as soon as we try to elevate a Muslim man to our court of appeals, he gets attacked by the words of the Republican leader for ``mingling with terrorists and cop killers,'' for being an anti-Semite, denounced by Jewish groups, but yet those charges will forever be a part of this Record, that this deliberative body made those allegations against this man.

Yes, I am sad, and yes, this is personal because my parents told me as a little boy, when I was the first one just to go to grade school, my brother and I, the first Black children to cross the threshold and go to a school--my parents told me: Stand proudly, and pledge allegiance to that flag because this country stands for you even though your skin color is different. This country's values are your values even though you go to a different church in town; that, yes, you may face discrimination by people who are cultivating in their baseness of values, but don't stop believing in love and community and peace and justice. That will light your way--good people from all backgrounds. You may be the only Black boy in your class, but it is an American classroom, and this country stands for justice and liberty and peace.

Those values and that faith and that hope have driven me every single day to try to make this Nation better and more real. And then 10 years into my Senate career, I sit proudly as our President does something never done before--to nominate a Muslim for the court of appeals. And I see what happens to him. I see him slandered and maligned, dragged through the mud and accused of the most heinous things, having to defend his beliefs, having to say over and over again that he condemns 9/11.

So I want to take this moment to say this is a great American. No matter what happens to his nomination, this is a great American who should be proud of his work. We should celebrate him whether we vote for him or not. We should cherish a moment like this that makes history.

For all of those children in our country who have parents like mine who say ``You may be different. You may look different. You may pray different. Your family may come from a different corner of the globe. But this is still the country for you,'' I tell those children ``Don't give up even though this ugly example hangs in the air. Don't give up even though this man has been trashed and smeared and maligned. Don't give up on this country.'' Do you know why? Because Adeel Mangi has not given up.

You can write him down in history with your bitter, twisted lies, but no matter what you do to guys like him or me or everyone who loves this country, we will rise. Nothing you can do will ever, ever impinge the character of this great American. Nothing you can do will ever dim his love for this Nation.

This is a sad time in the U.S. Senate. More people should be on this floor condemning what is happening to this man.

But, today, I say ``God bless America'' because our truth, no matter what others do to it, I promise you, will go marching on.

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