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Following FBI Director Kash Patel’s oversight hearing, Senator Sheldon Whitehouse speaks before the Senate Judiciary Committee, addressing concerns over witnesses avoiding direct answers and evading proper congressional scrutiny. Whitehouse discusses the committee’s approach to oversight, accountability, and the responsibility of witnesses to respond to questions from lawmakers. The remarks highlight an ongoing Senate debate over transparency, accountability, and effective congressional oversight of federal officials.


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00:00We just confirmed Todd Blanche for Attorney General with a federal fraud upon the court investigation pending related to his
00:14misconduct.
00:17Most people don't know what fraud on the court is because it's such a rare and evil form of legal
00:29misbehavior that it almost never comes up.
00:32Thank you, Chairman. Let me just first of all welcome Magistrate Reardon. I'm a former U.S. attorney and senior
00:43litigation counsel. It's a pretty cool designation, so congratulations on that.
00:50To the rest of you, I apologize. I'm going to take my time this morning to talk about this committee
00:57because we had what I consider to be a very disturbing hearing with the FBI director.
01:07And I think it's important to mark what I consider to be the continued degradation of this committee.
01:22We, first of all, confirmed this Kash Patel character back when we did, even though he had asserted his Fifth
01:37Amendment rights and demanded immunity from criminal prosecution before he would testify honestly before a grand jury.
01:47And this committee never even tried to get to get to the bottom of that to this day.
01:53We still don't know what his grand jury testimony was.
01:58And he has dodged and ducked and evaded and lied to this committee about that grand jury episode.
02:07And apparently we're fine with that.
02:12He's not the only case.
02:14We put Emil Bovee onto the Third Circuit Court of Appeals while a contempt proceeding was pending in court against
02:27him.
02:28And staged the timing of his confirmation so we could get him through during a stay in the pending contempt
02:37proceeding.
02:40We just confirmed Todd Blanche for attorney general with a federal fraud upon the court investigation pending related to his
02:56misconduct.
02:59Most people don't know what fraud on the court is because it's such a rare and evil form of legal
03:10misbehavior that it almost never comes up.
03:14Never in the history of the Department of Justice has any senior official even been accused of fraud upon the
03:20court.
03:20And we cleared him without clearing up the question of whether or not there was in fact fraud upon the
03:27court.
03:28These are all never before occasions.
03:33An FBI director who pled criminal Fifth Amendment immunity and we don't get to the bottom of it.
03:38A pending contempt proceeding and we slip the guy through before there's an answer to what took place.
03:44Ditto, the fraud upon the court, an unprecedented situation for a nominee.
03:52And then you look at the conduct of the way we allow witnesses to testify.
03:58We let witnesses assert false privileges.
04:01They have no right to claim and haven't done the work to claim.
04:05And the committee doesn't seem to care.
04:08We let witnesses lie and dodge.
04:11And the committee doesn't seem to care.
04:15We let witnesses refuse to answer a single question for the record after a hearing.
04:21For a year.
04:23And the committee doesn't seem to care.
04:29Substantively, we gave away our circuit court blue slips to the executive branch of government.
04:36And then complained about having lost the blue slip.
04:40We let the executive branch put U.S. attorneys in without confirmation by this committee.
04:47And we don't seem to care.
04:50And we see witnesses come in with their scripted insult lists as if that is appropriate behavior for congressional oversight.
05:01And this committee does not seem to care.
05:05Well, I care about this committee.
05:07And I think that it is making a mockery of itself.
05:12And we're going to need to have a very significant reboot to put this committee back to right.
05:18And I hope that comes sooner rather than later.
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