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Peter Welch Asks Alabama Senator About Administration Canceling $24 Million Grant Because Of 'Improper DEI'
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5 months ago
During a Senate Judiciary Committee hearing prior to the congressional recess, Sen. Peter Welch (D-VT) questioned Alabama State Senator Robert Stewart (D) about the cancellation of $24 million in infrastructure funding.
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00:00
Senator Welch. Thank you, Mr. Chairman. Mr. Stewart, welcome. My understanding is that
00:06
there was a settlement that was the result of efforts by the Civil Rights
00:11
Division in the Attorney General's office to address a septic problem in your
00:20
county. And that was a result of there being incredibly poor soil and years of,
00:28
as you were describing, folks having straight pipe sewage and they were then
00:32
prosecuted and fined and they were starting to be held in criminal contempt
00:37
even though there was no capacity for them to address the issue. And that the
00:42
new Assistant Attorney General who just testified that got out of that
00:48
settlement basically renounced it. And the reason was that it was the product of
00:54
illegal DEI. Would you care to comment on what that situation was and how the
00:58
Justice Department was helpful to you, the Civil Rights Division. And also, Mr.
01:02
Chairman, I just want to acknowledge there are many folks who used to be with
01:06
the Civil Rights Division who are here today. I want to express to you my
01:09
incredible gratitude for the commitment you made. And I think it's outrageous that
01:14
the ranks, including you, have been decimated in the department. Mr. Stewart.
01:19
Well, I just want to add that it's not radical for all American citizens to have
01:26
access to working sewage, clean air, clean land. And the EPA was founded by
01:35
President Richard Nixon. So this is a nonpartisan effort. And so the federal
01:45
investment granted by the EPA was transformative to Lowndes County. And not just Lowndes County,
01:52
but many counties throughout the Black Belt, as well as Appalachia, for them to address the failing
01:59
septic systems. I just want to just highlight the Black Belt Unincorporated Wastewater Program.
02:08
They really helped citizens exude self-determination. There were lots of health challenges with the raw
02:19
sewage, and that affected the work. It had implications on the workforce as well. And so we were finally
02:27
able, the federal government was finally able to provide a remedy for these rural Americans who were
02:35
long forgot about. Also, these citizens have some skin in the game because they pay $20 to maintain the
02:44
septic systems once they receive those upgrades. And so there have been nearly 100 homes, and we've made
02:54
record progress.
02:55
So that Civil Rights Department agreement was dismissed when the new Assistant Attorney General
03:04
became into authority, correct?
03:07
Precisely.
03:08
And there was $24 million that had been part of the infrastructure bill that was taken away.
03:14
Is that correct?
03:15
That is correct.
03:15
That was a presidential action.
03:17
Is that your view? Was this something that was done for improper DEI, that is to provide a remedy
03:29
to the folks that you represent?
03:31
Yes. And I just want to reiterate that all citizens have this right, and I think that it's unfair that
03:41
the constituents are continued to be left behind when they were making this progress.
03:45
Under several presidential administrations, in 2018, we had unprecedented investment under the
03:54
Form Act in 2018. Under President Trump, we saw investment in failing wastewater systems across
04:03
rural America. And so we need to continue those strides to ensure that no Americans are left behind.
04:10
Thank you. Thank you very much.
04:11
Mr. Hamilton, we had some significant difficulty getting documents from the Department of Justice
04:17
about the change in policies with respect to the Civil Rights Division. We now have those,
04:23
but not through the cooperation of the Department. You, as the head of America First Legal,
04:30
I think you've sued the federal government for failing to provide documents you requested, correct?
04:35
Many times. And in fact, is it fair to say that you agree with us that the federal government should
04:44
be transparent and turn over information that's relevant to the public?
04:50
I mean, depending on the context, certainly there's a difference between what Congress passed in FOIA in
04:56
terms of the public's access to the government's information and then inter-branch accommodations
05:02
between Article I and Article II, depending on the information that's at issue.
05:06
Well, and what was at issue here was the change in policies that affected the various divisions within
05:11
the Civil Rights Division and how there was an explicit change of policy. And by the way,
05:16
one of the points that Ms. Dillon made is that what the Civil Rights Division should be zealous and faithful
05:26
in pursuit of the priorities of the president. What I heard in your testimony is that the law is what it is
05:34
that should be pursued zealously, not the preference of any individual president. Is that correct?
05:41
The president is the head of Article II, and under Article II, Section 1, all executive power is vested in the president.
05:49
Everyone has to set priorities. Everyone has to limited time in the day in terms of what things to try to get at.
05:56
No, I get that.
05:57
The Department of Justice Civil Rights Division, I mean, look, believe me, I am very sympathetic,
06:02
very sympathetic to rural communities getting messed and overlooked. That speaks deeply to my heart.
06:10
The Civil Rights Division of the Department of Justice doesn't need to be involved with septic tanks.
06:17
That is not a civil rights issue. There is no use of the civil rights laws. The notion that septic tanks
06:27
and sewer lines are somehow racist is crazy. I mean, that's absolutely ludicrous. But there are solutions that Congress can employ.
06:35
Let me just suggest that if the denial of access to remedies is based on race,
06:42
that is a civil rights issue. I'm finished with my time. I yield that.
06:46
Thank you. Thank you. Senator Lee.
06:47
Mr. Hamilton.
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