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