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Confirm Jeff Sessions as Attorney General of the United States Table of Contents Biography………………………………………………………………………….1 What Sessions Can Do To Fight Crime………………………………………..4 The Situation Now: Prosecutions Down, Violent Crime Up…………...4 What Sessions Can Do To Reduce Violent Crime…………………….5 Restore Respect for and Partner with State and Local Law Enforcement Officers……………………………………………….5 Increase Prosecutions of Criminals who Use Guns to Commit Crimes………………………………………………………………..5 Take Out Drug Trafficking Gangs…………………………………6 Prosecute Illegal Aliens Who Repeatedly Violate the Law…….6 Law Enforcement Supports for Sessions………………………………………7 Law Enforcement, Prosecutorial, and Victims Organizations………...7 Five Former U.S. Attorney Generals and an FBI Director…………….7 25 State Attorneys General………………………………………………8 Additional Prosecutors and Law Enforcement Leaders……………….8 Bipartisan Legislation…………………………………………………………….9 Victims of Child Abuse Act (VOCA) Reauthorization Act of 2013……9 Crack Cocaine-Fair Sentencing Act of 2010……………………………9 Ryan White HIV/AIDS Treatment Modernization Act of 2006………...9 HEROES Act (2006)……………………………………………………..10 Prison Rape Elimination Act of 2003…………………………………..10 i Military and Extraterritorial Jurisdiction Act of 2000………………….10 Civil Asset Forfeiture Reform Act of 2000……………………………..11 Paul Coverdell National Forensic Sciences Act of 2000…………….11 Civil Rights………………………………………………………………………12 Sessions Obtains Execution of KKK Murderer Henry Hays…………12 Sessions Obtains Life Sentence for KKK Accomplice Tiger Knowles…………………………………………………………………...13 Sessions Obtains Conviction of KKK Great Titan Bennie Jack Hayes……………………………………………………………………...13 Sessions Helps Morris Dees Bankrupt the KKK in Alabama………..13 Sessions Fights to Protect the Voting Rights of African Americans…………………………………………………………………14 Greene County Voter Fraud Prosecutor Wins Award From Janet Reno……………………………………………………………………….18 Sessions Co-Authors Crack Cocaine-Fair Sentencing Act………….19 Sessions Praises Civil Rights Progress Reported in Shelby County v. Holder..…………………………………………………………………19 African American Support for Senator Sessions………………………….…22 Following the Law, Not Politics…………………………………………….….26 Articles………………………………………………………………………...…27 Larry Thompson, Jeff Sessions Deserves to be the Next U.S. Attorney General, Wash. Post, Jan. 9, 2017…………………...28 ii Hans von Spokovsky, How Black Democrats Stole Votes in Alabama and Jeff Sessions Tried to Stop It, Conservativereview.com, Jan. 5, 2017………………….....…..30 Julia Hahn, Dissecting Slander: The Untold Story of Jeff Sessions’ ‘Borking,’ Breitbart.com, Dec. 28, 2016…………………………35 Victoria Toensing, Jeff Sessions, Trump’s Pick for Attorney General, Is a Good and Decent Man, FoxNews.com, Jan. 3, 2017………………………………………………………..46 Carrie Severino, ‘Unreliable and Misleading’ Charges Against Sessions, NationalReview.com, Bench Memos, Dec. 22, 2016……………………………………………………...48 J. Gorman Houston, Setting the Record Straight on Jeff Sessions and School Funding, RealClear Politics, Dec. 20, 2016………51 iii Biography Jeff Sessions was born in Selma, Alabama on December 24, 1946, and grew up in Hybart, the son of a country store owner. Growing up, Sessions was instilled with the core values – honesty, hard work, belief in God, and parental respect – that define him today. In 1964, he became an Eagle Scout and has received the Distinguished Eagle Scout Award. After attending school in nearby Camden, Sessions worked his way through Huntingdon College in Montgomery, graduating with a Bachelor of Arts degree in 1969. He received a Juris Doctorate degree from the University of Alabama in 1973. Sessions served in the United States Army Reserve from 1973 to 1986, ultimately attaining the rank of Captain. He still considers that period to be one of the most rewarding chapters of his life. Sessions’ interest in the law led to a distinguished legal career, first as a practicing attorney in Russellville, Alabama, and then in Mobile, a place he now calls home. Following a two-year stint as Assistant United States Attorney for the Southern District of Alabama (1975-1977), Sessions was nominated by President Reagan in 1981 and confirmed by the Senate to serve as the United States Attorney for Alabama’s Southern District, a position he held for 12 years. Sessions was elected Alabama Attorney General in 1995, serving as the state’s chief legal officer until 1997, when he entered the United States Senate. As a senior member of the Senate Judiciary Committee, Sessions is a leading advocate of confirming federal judges who follow the law and do not legislate from the bench. Sessions led Republicans on the Judiciary Committee from May 2009 through the end of the 111th Congress in 2010, a period that included the two most recent Supreme Court nomination proceedings. During his time in the Senate, Sessions has put substantial energy toward promoting law and order and empowering law enforcement officers and prosecutors to fight dangerous crime in a fair manner. Sessions sponsored legislation to shut down rogue internet pharmacies that distribute controlled substances without proof of identity, age, or prescription, and has supported cyber-crime centers to fight the proliferation of online child 1 pornography. Together with the late Senator Ted Kennedy, Sessions authored the Prison Rape Elimination Act of 2003, which helped reduce and prevent sexual assault in prisons. In 2010, he joined with Senator Dick Durbin to draft and to unanimously pass the Fair Sentencing Act, which increased fairness in federal drug sentencing while also providing tougher penalties for hardened drug traffickers. A member of the Judiciary Committee and recently chairman of the Immigration and National Interest Subcommittee, Senator Sessions has been a leading advocate for an immigration system that operates in a lawful manner and that serves the national interest. Senator Sessions joined in leading efforts to make funding more equal in the Ryan White CARE Act. The new legislation will bring much-needed funding to Alabama, making health care more available for low-income African American women, the fastest growing cohort with HIV/AIDS. Continuing his interest in fighting crime, Sessions was the author of the Paul Coverdell National Forensic Sciences Improvement Law of 2000, which authorized badly needed funds for state and local crime labs to reduce the backlog of ballistics, blood, and DNA tests. He also authored the Emergency and Disaster Assistance Fraud Penalty Enhancement Act, which passed unanimously in both chambers of Congress in 2008 and helped deter fraud and theft in connection with major disaster relief efforts. While serving in the United States Senate, Sessions has received numerous awards including: the American Conservative Union Award for Conservative Excellence; the Reserve Officers Association Minuteman of the Year Award; the National Taxpayers Union Friend of the Taxpayer Award; the Watchdogs of the Treasury Golden Bulldog Award; the National Federation of Independent Business Guardian of Small Business Award; the Coalition of Republican Environment Advocates Teddy Roosevelt Environmental Award; and the Alabama Farmers Federation Service to Agriculture Award. Sessions has served as a lay leader and as a Sunday school teacher at his family’s church, Ashland Place United Methodist Church, in Mobile. He served as the Chairman of his church’s Administrative Board and has been selected as a delegate for many years to the annual Alabama Methodist Conference. Sessions and his wife, Mary Blackshear Sessions, originally of 2 Gadsden, Alabama, have three children, Mary Abigail Reinhardt, Ruth Sessions Walk, and Sam. They have seven granddaughters, Jane Ritchie, Alexa, Gracie, Sophia, Hannah, Joanna, and Phoebe, as well as three grandsons, Jim Beau, Lewis, and Nicholas. 3 What Sessions Can Do To Fight Crime The Nationwide Situation Now: Prosecutions Down, Violent Crime Up 34.8% Decrease in Weapons-Related Convictions Since 2005 Source: Syracuse University TRAC, available at http://trac.syr.edu/tracreports/crim/409/. Recent Increases in Violent Crime Violent Crime Nationwide (2014-2015) Murder and Non-negligent Manslaughter (2014-2015) Shooting Deaths of Police Officers (2015-2016) 3.9%1 10.8%1 68%2 ________________________________ 1- FBI, Crime in the United States, Table 1A (2015). 2- Andrew V. Pestano, Number of police shot and killed in U.S. up 68 percent from 2015, UPI.com, Dec. 2, 2016. 4 Chicago Mick Dumke & Frank Main, THE WATCHDOGS: Arrests down 28 percent in Chicago this year, Chicago Sun Times, Dec. 24, 2016. What Sessions Can Do To Reduce Violent Crime 1. Restore Respect for and Partner with State and Local Law Enforcement Officers: “We must re-establish and strengthen the partnership between federal and local officers to enhance a common and unified effort to reverse the current rising crime trends. I did this as United States Attorney. I worked directly and continuously with state and local law enforcement officials. If confirmed, it will be one of my primary objectives.” (Sen. Jeff Sessions,Test. Before Judiciary Committee, Jan. 10, 2017, p. 35.) 2. Increase Prosecutions of Criminals who use Guns to Commit Crimes: “If I am confirmed, we will systematically prosecute criminals who use guns in committing crimes. . . . Project Exile, which 5 originated I think in Richmond, Virginia, which targeted felons and other people who cannot legally own or possess firearms, was enormously effective.” (Id. at 34, 101.) 3. Take Out Drug Trafficking Gangs: “We will partner with state and local law enforcement to take down these major drug-trafficking cartels and dismantle criminal gangs.” (Id. at 34.) 4. Prosecute Illegal Aliens Who Repeatedly Violate the Law: “We will prosecute those who repeatedly violate our borders. It will be my priority to confront these crises vigorously, effectively, and immediately.” (Id.) 6 Law Enforcement Supports Sessions Law Enforcement, Prosecutorial, and Victims Organizations Fraternal Order of Police— "We are very, very pleased with the decision of President-elect Trump to tap Senator Sessions to be our nation's next 'top cop,"' Canterbury says. "As a long time prosecutor, he is and always will be a member of the law enforcement family and we look forward to his leadership at the U.S. Department of Justice." National Sheriffs Association— “Senator Sessions would be an outstanding nominee for U.S. Attorney General. Sen. Sessions has enormous integrity, fidelity to the rule of law, substantial experience and a commitment to fairness and equal justice under the law. Those are qualities America needs as its chief law enforcement officer to the Federal Government.” Federal Law Enforcement Officers Association Major Cities Chiefs Association Major County Sheriffs Association National Narcotics Officers Associations Coalition International Union of Police Organizations AFL-CIO National Association of Police Organizations Republican Attorneys General Association National Association of Assistant U.S. Attorneys National District Attorneys Association Victims of Crime and Leniency, Montgomery, AL Victims and Friends United, Phoenix, AZ Five Former U.S. Attorneys General and an FBI Director Michael Mukasey, Attorney General, 2007-2009 Alberto Gonzales, Attorney General, 2005-2007 John Ashcroft, Attorney General, 2001-2005 William Barr, Attorney General, 1991-1993; Deputy Attorney General, 1990-1991 Edwin Meese, III, Attorney General, 1985-1988 Louis Freeh, FBI Director, 1993-2001 7 25 State Attorneys General Luther Strange, Alabama Pam Bondi, Florida Jeff Landry, Louisiana Mark Brnovich, Arizona Alan Wilson, South Carolina Leslie Rutledge, Arkansas Ken Paxton, Texas Brad Schimel, Wisconsin Mike DeWine, Ohio Scott Pruitt, Oklahoma Bill Schuette, Michigan Adam Paul Laxalt, Nevada Curtis Hill, Indiana(A.G.-elect) Tim Fox, Montana Chris Carr, Georgia Herbert Slatery, Tennessee Derek Schmidt, Kansas Patrick Morrisey, West Virginia Sean Reyes, Utah Marty Jakley, South Dakota Doug Peterson, Nebraska Wayne Stenehjem, North Dakota Greg Zoeller, Indiana Wasden, Idaho Josh Hawley, Missouri (A.G.-elect) Additional Prosecutors and Law Enforcement Leaders Mark Filip, Deputy Attorney General, 2008-2009 Craig Morford, Deputy Attorney General, 2007-2008 (Acting) Paul McNulty, Deputy Attorney General, 2006-2007 George Terwilliger III, Deputy Attorney General, 1991-1993 Larry Thompson, Deputy Attorney General, 2001-2003 Bill Bennett, Director of ONDCP, 1989-1990 John C. Lawn, Administrator, DEA, 1985-1990 Robert Martinez, Director of ONDCP, 1991-January 1993 Robert C. Bonner, Administrator, DEA, 1990-1993 John P. Walters, Director, ONDCP, 2001-2009 Karen Tandy, Administrator, DEA, 2003-2007 Peter B. Bensinger, Administrator, DEA, 1976-1981 Michele Leonhart, Administrator, DEA, 2010-2015 Bill Baxley, Democrat, former Alabama Attorney General who prosecuted the first Sixteenth Street Baptist Church Bomber Andrew Miller, Democrat, former Virginia Attorney General 8 Bipartisan Legislation Victims of Child Abuse Act (VOCA) Reauthorization Act of 2013— Senator Sessions joined Senator Coons in introducing S. 1799, the VOCA Reauthorization Act of 2013, on December 11, 2013. This legislation, which was enacted on August 8, 2014, reauthorized VOCA programs to develop and implement multidisciplinary child abuse investigation and prosecution programs. Crack Cocaine-Fair Sentencing Act of 2010 (Pub. L. No. 111-220)—In the 111th Congress, Senator Sessions and Senator Durbin worked to pass S. 1789, the Fair Sentencing Act. This legislation reduced penalties for crack possession, which many felt unfairly targeted African-Americans, and brought these penalties more in line with the penalties for powder cocaine possession. The Senate unanimously passed the legislation. The House passed the legislation by voice vote. President Obama signed it into law on August 3, 2010. Ryan White HIV/AIDS Treatment Modernization Act of 2006 (Pub. L. No. 109-415)—While serving on the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Sessions worked with his HELP Committee colleagues during reauthorization of the Ryan White CARE Act to correct inequities in its funding formula. Under the previous method of allocation, just a few states with large metropolitan populations received the overwhelming share of HIV/AIDS federal grant money. Working across the aisle and with his House counterparts, Senator Sessions’ improvements were included in the final bill, which passed overwhelmingly in the House and unanimously in the Senate and was signed into law on December 19, 2006. In the years following the passage of the reauthorization of the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (and its subsequent reauthorization in 2009), Senator Sessions continued to fight for equity in funding for rural HIV/AIDS patients. In June 2012, he and Senator Hagan jointly convened a roundtable hosted by AIDS United addressing strategies for strengthening the inadequate HIV treatment infrastructure in the South. 9 HEROES Act (Public Law No: 109-13)—On January 26, 2006, Senator Sessions partnered with Senator Lieberman to introduce S. 77, the Honoring Every Requirement of Exemplary Service (HEROES) Act. This legislation expanded death benefits for the families of fallen combat personnel from $12,000 to $100,000. It also increased the Servicemen’s Group Life Insurance (SGLI) maximum benefit from $250,000 to $400,000. This legislation was incorporated into the 2005 Emergency Supplemental Appropriations Bill that passed both chambers of Congress and became law on May 11, 2005. Prison Rape Elimination Act of 2003 (Pub. L. No. 108-79)—On July 21, 2003, Senator Sessions and Senator Kennedy introduced S. 1435, the Prison Rape Elimination Act. This legislation heightened penalties for prison rape, adopted national standards for preventing sexual assault in prisons, and created a review panel in the Department of Justice to hold public hearings on the operation of prisons with the highest and lowest numbers of prison rapes. The bill also established a national clearinghouse of information on preventing and investigating prison rape. It also provided grant funding for states so that budgetary circumstances would not compromise efforts to protect inmates and safeguard the communities to which inmates return. This bill passed both chambers unanimously and was signed onto law on September 4, 2003. Military and Extraterritorial Jurisdiction Act of 2000 (Pub. L. No. 106523)—On April 13, 1999, Senator Sessions introduced S. 768, the Military and Extraterritorial Jurisdiction Act along with Senator Zell Miller (D-GA). This legislation—authored in response to concerns expressed by the Department of Defense—placed military contractors under U.S. law by amending the Uniform Code of Military Justice to make civilian employees of the Department of Defense and its contractors subject to U.S. criminal statutes when stationed abroad in support of a Department mission. It also amended the federal criminal code to provide penalties for conduct engaged in by these individuals that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged 10 in the United States. This bill passed both chambers unanimously and was signed into law on November 22, 2000. Civil Asset Forfeiture Reform Act of 2000 (Public Law No. 106-185) – Senator Sessions joined Senator Schumer to pass this law that raised the government’s burden of proof from probable cause to preponderance of the evidence and eliminated the requirement that a property owner post a cost bond to retrieve his or her property. This act preserved the ability of law enforcement to debilitate criminal enterprises while providing property owners with procedural protections to reclaim property if it was not used in the commission of a crime. Paul Coverdell National Forensic Sciences Improvement Law of 2000 (Public Law No. 106-561) – Senator Sessions joined with Senator Durbin to pass this law to authorize the use of Byrne Grants to improve the quality and timeliness of forensic science services for criminal justice purposes. Better funding for crime labs helped eliminate choke points in the investigation and prosecution of crimes and also helped exonerate the innocent. 11 Civil Rights Sessions Obtains Execution of KKK Murderer Henry Hays In 1981 in Mobile, Alabama, the Ku Klux Klan ordered the murder of a random African American man. KKK members Henry Hays and James “Tiger” Knowles abducted nineteen-year-old African American Michael Donald. They beat him, strangled him, cut his throat, and hung him from a tree. U.S. Attorney Sessions, the FBI, and the local district attorney investigated the murder. Department of Justice Attorneys Barry Kowalski and Bert Glenn worked on the case. (1986 Hr’g Tr. 235.) When asked about Sessions’ work on the Donald case, Glenn testified that “during the entire course of the investigation he [Sessions] has provided unqualified support and cooperation to us and independently as an individual who absolutely wanted to see that crime solved and prosecuted.” (Id. 228) When asked if Sessions could claim credit as the prosecutor on the case, Mr. Glenn responded “certainly.” (Id. at 129) Bobby Eddy, chief investigator for the Mobile County District Attorney’s office, testified: “Without his [Sessions’] cooperation, the state could not have proceeded against Henry Hay[]s on a capital murder charge.” (Id. 499) Barry Kowalksi, DOJ Civil Rights prosecutor, testified that there were “problems in the evidence” at first. (1986 Hr’g Tr. at 225). He testified further that investigators “were having difficulty learning exactly what happened at the house where a number of Klansmen were, two of whom were later proven to be involved in the murder. . . [O]ne of the problems was that some of the Klansmen had been smoking marijuana that night and they were having difficulty with their recollection of events.” (Id.) Chris Galanos, Mobile County District Attorney in 1981, stated: “We needed some horsepower, which the feds through Jeff Sessions provided. Specifically, we needed the investigative power of the FBI and the power of the federal grand jury. I reached out to him [Sessions] and he responded 12 ‘tell me what you need and you’ll have it.’ ” (speaking to WPMI 15 in Mobile on November 21, 2016). “Henry Hay[]s was tried in state court by Mr. Galanos’ office, and found guilty and was sentenced to die in the electric chair by Judge Kittrell. . . .” (Id.) As Attorney General of Alabama, Sessions later successfully argued to uphold Hays’ death penalty. In 1997, five months after Sessions became a Senator, Henry Hays died in Alabama’s electric chair. (Klan Member Put to Death In Race Death, N.Y. Times, June 6, 1997.) Sessions Obtains Life Sentence for KKK Accomplice Tiger Knowles Tiger Knowles was Henry Hays’s accomplice in the murder of Michael Donald. He gave testimony against Henry Hays Bobby Eddy, chief investigator for the Mobile County District Attorney’s office, testified: “Tiger Knowles pled guilty on a civil rights violation and received a life sentence in Federal Prison.” (1986 Hr’g Tr. 502.) Sessions Obtains Conviction of KKK Great Titan Bennie Jack Hayes Sessions’ office successfully prosecuted Alabama Ku Klux Klan “Great Titan” Bennie Jack Hays, whose son, Henry Hays, murdered Michael Donald, a completely innocent African American young man. Bennie Jack Hays attempted to defraud his home insurer in order to collect money to pay for his son’s legal defense. Sessions Helped Morris Dees Bankrupt the KKK in Alabama Sessions and the district attorney cooperated with Morris Dees and the Southern Poverty Law Center to bring a civil suit against the KKK. District Attorney Galanos testified: “After the criminal cases were over, the Southern Poverty Law Center took the evidence we had developed and gave to them and they sued civilly and got a $7 million dollar verdict on behalf of Ms. Donald.” (speaking to WPMI 15 in Mobile on November 21, 2016.) 13 The $7 million civil judgment against the KKK in Alabama bankrupted the organization, leading to its demise in the State. (“In Alabama, Jeff Sessions Desegregated Schools and Got the Death Penalty for KKK Murderer,” The Weekly Standard, November 18, 2016.) Sessions Fought to Protect the Voting Rights of African Americans The record demonstrates that Sessions’ U.S. Attorney’s office brought this absentee ballot voter fraud case in Perry County at the request of African American office holders to protect the voting rights of African Americans whose absentee ballots were being manipulated in a Democratic primary election. Sessions brought the case after receiving approval of the investigation and the grand jury indictment from the Department of Justice in Washington, DC. In 1983, a grand jury—the majority of which was African American— asked in its official report for a federal investigation of voter fraud in Perry County. Sessions concluded that a local investigation may have been sufficient to end the problems and declined to investigate further at that time. [1986 Hr’g Tr. 147-48, Grand Jury Report; id. at 272-73, Test. of LaVonn Phillips, African America legal assistant to Perry County District Attorney.] In 1984, two County officials, both African Americans, asked Sessions for a federal investigation. They told Sessions that Albert Turner was going to collect absentee ballots, change votes previously cast for the incumbents to indicate support for his favored candidates, and then mail them from the Marion, Alabama, post office the day before the election. [Id. at 177, Test. of Jack Keeney, Deputy Assistant A.G. Criminal Division, DOJ, Washington, D.C.] FBI agents observed Albert Turner mailing hundreds of absentee ballots. Postal service inspectors reported that many of the envelopes containing the absentee ballots showed signs of tampering. [Id. at 176.] 14 The Department of Justice in Washington, D.C. approved the investigation. [Id. at 177.] The FBI obtained the ballots. For example, the FBI showed Mary Shelton, a 31-year old African American female, her ballot. The names of the incumbent African American candidates had been crossed out and the ballots altered to indicate support for the slate of African American candidates preferred by Turner. [Id. at 20-21, FBI Form 302 for Mary Shelton; see attached ballot of Mary Shelton.] The Department of Justice in Washington, D.C., approved the indictment. [1986 Hr’g Tr. 177, Test. of Keeney.] The defendants offered to plead guilty to criminal misdemeanors. [Panel Denies Judgeship for Sessions, Montgomery Advertiser, June 6, 1986.] The federal judge denied motions for acquittal because there was sufficient evidence to send the case to the jury. [U.S. v. Turner, et al., Trial Tr. 369-70.] Turner admitted that he altered the ballots but said the five members of the Shelton family had all agreed to his changes. The Sheltons all denied agreeing to the changes or ever meeting with Turner about changing their votes. At trial, the defendants were represented by an experienced team of more than eight attorneys from across the country. They conducted a vigorous and combative defense. Their efforts resulted in the acquittal of Albert Turner, Sr., who was in the forefront of the Selma to Montgomery march, and the other two defendants. The witnesses were under intense pressure to change their testimony. Many did, but the six Sheltons and others did not. Mary Shelton testified concerning the delivery of her absentee ballot to Albert Turner, Sr. as follows: Q: Is this your ballot? A: It is mine but I didn’t mark anything out. 15 Q: Are there some names on that ballot that are marked out? A: Right. Q: Did you mark out those names? A: No, I didn’t. Q: Did you authorize anybody to mark those names out for you? A: No. (1985 U.S. v. Turner Trial Transcript, volume 2, pp. 4-5.) Mary Shelton’s absentee ballot is shown on the next page. 16 Ballots in the Perry County Case Were Clearly Altered 17 Defendant Albert Turner, Sr. was a civil rights hero in Selma who had been on the bridge with Martin Luther King. He was very popular. And the majority African American jury acquitted all three defendants. Craig Donsanto, the long-time head of the Election Crimes Unit inside the Department of Justice in Washington, D.C., who wrote DOJ’s manual on the “Prosecution of Election Offenses,” was recently interviewed about the Perry County case. He said: “No prosecutor faced with the evidence seen by the grand jury would have failed to take the case and go forward with the prosecution . . . I told Jeff Sessions to go forward with the case.” Donsanto said that anyone who claims this was a racist prosecution by Jeff Sessions is “a liar and a political opportunist of the worst kind.” [Hans von Spakovsky, How Black Democrats Stole Vote in Alabama . . . and Jeff Sessions Tried to Stop It, Conservative Review, Jan. 5, 2017.] Albert Tuner, Jr., the son of two of the defendants, recently said that Jeff Sessions “is not a racist.” “He was a prosecutor at the Federal level with a job to do. He was presented with evidence by a local District Attorney that he relied on, and his office presented the case. That’s what a prosecutor does. I believe him when he says that he was simply doing his job. . I believe he will be fair in his application of the law and the Constitution; as such I support his nomination to be the next Attorney General of the United States.” [Statement of Albert Turner, Sr., Jan. 4, 2017.] Greene County Voter Fraud Prosecutor Wins Award from Janet Reno Sessions’ Office investigated voter fraud arising out of the 1994 election in Greene County, Alabama. In 1997, indictments were issued charging two government employee with multiple counts of ballot fraud. This case illustrated how absentee ballots were stolen and use to cast fraudulent votes. The offenders had used registered voters’ names to apply for absentee ballots, used false addresses so that the ballots would be sent directly to them, convinced some voters to sign absentee ballot affidavits without actually filing ballots, and forged voters’ signatures on other affidavits. As in U.S. v. Albert Turner, Sr., et al., the offenders claimed that they were victims of “selective prosecution” because they were African 18 Americans and Democrats, but the Eleventh Circuit rejected that argument and affirmed their convictions. In 1998, six more individuals were indicted on 31 counts of voter fraud for their role in the 1994 election. They all pleaded guilty. By the end of the investigation, three more offenders were indicted and pleaded guilty, for a total of 11 convictions and -0- acquittals. Alabama Assistant Attorney General Greg Biggs investigated the 1994 Greene County election while Sessions was the Alabama Attorney General and thereafter. On October 1, 1999, Biggs, an Assistant U.S. Attorney, and a retired FBI agent were honored in Washington, D.C., for their work on the Greene County cases. The three were given special commendations by Director Louis Freeh. U.S. Attorney General Janet Reno presented the commendations on behalf of the Department of Justice at its 1999 Director’s Awards Ceremony. [Hans A. von Spakovsky, Absentee Ballot Fraud: A Stolen Election in Greene County, Alabama, Heritage Foundation Legal Memorandum No. 31, Sept. 5, 2008; Tommy Stevenson, Awards Handed Out in Voter Fraud Ca se, Tuscaloosa News, Oct. 11, 1999; Louis J. Freeh Letter to Greg Biggs, Jan. 23, 1998.] Sessions Co-Authors Crack Cocaine-Fair Sentencing Act In 2010, Senator Sessions and Senator Durbin worked to pass the Fair Sentencing Act. This law reduced penalties for crack possession, which many felt unfairly targeted African-Americans, and brought these penalties more in line with the penalties for powder cocaine possession. Sessions Praises Civil Rights Progress Reported in Shelby County v. Holder In Shelby County, Alabama v. Holder, 133 S. Ct. 2612, 2625-26 (2013), the Supreme Court concluded that the Voting Rights Act of 1965 had resulted in dramatic progress in the States covered by section 5: Nearly 50 years later [after enactment of the Voting Rights Act], things have changed dramatically. . . . In the covered jurisdictions, “[v]oter turnout and registration rates now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels.” Northwest Austin, 557 U. S., at 202. The tests and 19 devices that blocked access to the ballot have been forbidden nationwide for over 40 years. See §6, 84Stat. 315; §102, 89 Stat. 400. Those conclusions are not ours alone. Congress said the same when it reauthorized the Act in 2006, writing that “[s]ignificant progress has been made in eliminating first generation barriers experienced by minority voters, including increased numbers of registered minority voters, minority voter turnout, and minority representation in Congress, State legislatures, and local elected offices.” §2(b)(1), 120Stat. 577. The House Report elaborated that “the number of African-Americans who are registered and who turn out to cast ballots has increased significantly over the last 40 years, particularly since 1982,” and noted that “[i]n some circumstances, minorities register to vote and cast ballots at levels that surpass those of white voters.” H. R. Rep. No. 109–478, p. 12 (2006). That Report also explained that there have been “significant increases in the number of African-Americans serving in elected offices”; more specifically, there has been approximately a 1,000 percent increase since 1965 in the number of African-American elected officials in the six States originally covered by the Voting Rights Act. Id., at 18. . . .. Census Bureau data from the most recent election indicate that African-American voter turnout exceeded white voter turnout in five of the six States originally covered by §5, with a gap in the sixth State of less than one half of one percent. See Dept. of Commerce, Census Bureau, Reported Voting and Registration, by Sex, Race and Hispanic Origin, for States (Table 4b). The preclearance statistics are also illuminating. In the first 20 decade after enactment of §5, the Attorney General objected to 14.2 percent of proposed voting changes. H. R Rep. No. 109–478, at 22. In the last decade before reenactment, the Attorney General objected to a mere 0.16 percent. S. Rep. No. 109–295, at 13. Senator Sessions said that the Supreme Court’s decision “was good news, I think, for the South, in that [there was] not sufficient evidence to justify treating them disproportionately than say Philadelphia or Boston or Los Angeles or Chicago.” [Molly Ball, No, the Voting Rights Act is Not Dead, The Atlantic, June 28, 2013.] 21 African American Support for Jeff Sessions Condoleezza Rice, former Secretary of State—“I know that Senator Sessions will uphold the laws of our great country and will work to ensure that every person here in the United States is given the voice that is deserved.” [Condoleeza Rice Ltr. to Sen. Chuck Grassley, Jan. 9, 2017.] Tim Scott, U.S. Senator from South Carolina—“After his nomination, I invited Senator Sessions to Charleston, South Carolina in December of 2016 to meet with African-American pastors, law enforcement and leaders of color. We had what both the attendees and I believe to be a very productive conversation, which gave us all a clearer picture of not only Jeff's policy positions, but what is in his heart." [Eugene Scott & Dana Bash, Tim Scott Backs Jeff Sessions for Attorney General, CNN Politics, Jan. 10, 2017.] Larry Thompson, former Deputy Attorney General—“I have known Senator Sessions for over 30 years and I am honored to consider him a good friend. . . . Senator Sessions will seriously look at the role of federal law enforcement to help our citizens achieve a greater sense of personal safety in their homes and neighborhoods. This will be especially important for some of our minority and low income citizens against whom violent crime has a disproportionate impact.” [CQ Congressional Transcripts, Congressional Hearings, Jan. 11, 2017, pp. 23-24.] Gerald Reynolds, former Chairman of U.S. Civil Rights Commission— “During my discussions with Senator Sessions and his staff, it was clear the senator has a strong interest in ensuring our nation’s antidiscrimination laws are vigorously enforced. Senator Sessions is a man of great character and integrity with a commitment to fairness and equal justice under the law. Based on these qualities, his deep knowledge of the Department of Justice from his time with the U.S. Attorney’s office and his decades of service on the Judiciary Committee, I have no doubt he will be guided solely by fidelity to the Constitution and the laws of our great country. I am honored to give him my highest personal and professional recommendation.” [Gerald A. Reynolds, Ltr. to Charles Grassley and Dianne Feinstein, Nov. 28, 2016.] 22 Peter Kersanow, member U.S. Civil Rights Commission—“Senator Sessions’ approach to civil rights matters, both in terms of his legislative record and his other actions is consistent with mainstream, textbook interpretation of rolled in statutory and constitutional authority as well as governing precedent. . . . Sessions approach to civil rights is consistent, is legally sound, enrichingly honest and has appreciation and understanding of the historical basis for civil rights laws.” [CQ Congressional Transcripts, Congressional Hearings, Jan. 11, 2017, p. 10.] Regina Benjamin, former U.S. Surgeon General--“I think he’ll be fine. I consider him a friend. … At least he will listen as attorney general.” “My hope is that he’ll do what is best for the American people.” [Seung Min Kim & Nancy Cook, Sessions to African-Americans: Fear not, Politico, Dec. 18, 2016.] William Smith, former Republican General Counsel, U.S. Senate Judiciary Committee—“After 20 years of knowing Senator Sessions, I have not seen the slightest evidence of racism because it does not exist.” “He fought for sentencing reform, and not only did he fight for it he accomplished it. He fought for civil rights. He prosecuted members of the Ku Klux Klan.” [CQ Congressional Transcripts, Congressional Hearings, Jan. 11, 2017, p. 101.] Quinton Ross, Minority Leader of Alabama Senate—“We’ve talked about things from civil rights to race relations and I think anyone – once you gain a position like that, actually partisanship has to go aside because you represent the United States and all people. So you just have to have a global view on various issues. So just through our conversations I feel confident [Sessions] will be an attorney general that will look at it from all different perspectives to just do what’s right for the citizens of the United States.” [Barbara Hollingsworth, Democrat Leader of Alabama Senate: Sessions ‘Will Do What's Right' as AG, CNSNews.com, Dec. 8, 2016.] Willie Huntley, former Assistant U.S. Attorney in Sessions’ Office—“He also assigned me to civil rights case and I would supervise all the civil right cases that came through the office. During this time period, I can recall where we successfully prosecuted a police officer that was charged with excessive use of force. . . . At no point in time that I’ve 23 known Jeff has he demonstrated any racial insensitivity.” [CQ Congressional Transcripts, Congressional Hearings, Jan. 11, 2017, pp. 91-92.] Jesse Seroyer, former Chief Investigator for Alabama Attorney General Jeff Sessions and former U.S. Marshal—“I’ve known Jeff Sessions for 20 years. He’s a good and decent man. He believes in law and order for all the people. . . . He’s the type of individual that I support for the United States attorney general’s office because of my reputation and his history with me as a person and the things that I’ve seen over the years in Jeff Sessions.” [CQ Congressional Transcripts, Congressional Hearings, Jan. 11, 2017, p. 96.] Stephanie Billingslea, Alabama Assistant Attorney General—“I believe that Jeff Sessions will protect the rights of all Americans. I fully support his nomination as Attorney General. And I think he will do a great job.” [www.confirmsessions.com.] Bob Woodson, President of the Woodson Center—Recounted how Sessions helped a rural, African American community in Lowndes County, Alabama, get sanitation and economic development. “For the past 50 years, Woodson told me, “purported spokespersons of the black community have conducted annual parades through the route to commemorate the march. But it seemed that they never looked left or right to witness the poverty that surrounded them. They certainly took no effort to alleviate it.” “Yet at the end of each annual parade, the leaders typically returned to their speaking engagements and elected official posts, putting thoughts of Lowndes County aside to the following year,” Woodson added. “Many would be among the cohort to rail against Sen. Session’s recent appointment. Yet, where they did nothing, Sen. Sessions stood up and took action and marshaled support to revitalize the desolate community.” [Carr Sheffield, Calling Jeff Sessions “racist” conveniently ignores the work he’s done for Alabama’s black community, Salon.com, Dec. 1, 2016.] Catherine Flowers, Founder of the Alabama Center for Rural Enterprise— “His actions have included organizing and personally attending meetings in Washington to help us gain support for two tier one suppliers to Hyundai to locate in Lowndes County; fighting to prevent 24 arrests of poor rural residents who could not afford onsite wastewater treatment; supporting the Lowndes County Interpretative Center which tells the history of the Selma to Montgomery march; and more recently offering to attend a design charrette that was held to seek more sustainable solutions to the wastewater problem. I have no doubt that he will continue to seek opportunities to reach out and establish a dialogue with all races and ethnic groups in search of solutions to our pressing problems. As an African American woman, I see this as the only way forward for our country. Therefore I support the confirmation of Senator Jeff Sessions for United States Attorney General.” [Ltr. from Catherine Flowers to Charles E. Grassley, Chairman Senate Judiciary Committee, Dec. 18, 2016.] 25 Following the Law Not Politics Although Sessions supports the death penalty, he agreed to drop the death sentence of Terry Lee Ponder when he determined that the “aggravating circumstances” standard for applying the death penalty was not properly met for the convicted double murderer. For this principled action, he was severely criticized. [Ponder v. State, 688 So. 2d 280 (Ala. Crim. App. 1996).] Although he had been politically supported Republican Governor Guy Hunt, Sessions, when he became Alabama’s Attorney General, argued to uphold on appeal Hunt’s conviction for a violation of Alabama’s ethics law. [Sessions Not Celebrating Win in Hunt Case, Montgomery Advertiser, August 31, 1996; Hunt v. Tucker, 93 F.3d 735 (1996).] Republican Attorney General Sessions declined to prosecute former Alabama Insurance Commissioner James Heywood Dill (a Democrat). Sessions received criticism for not doing so, but he did not prosecute because he did not believe that the evidence showed a criminal violation. While the local district attorney did try and convict Dill, his conviction was overturned in full by the Alabama Court of Criminal Appeals that concluded “[n]one of these activities” “fall within the applicable statutory definition” of the crime. [Dill Convicted; Probe Continues, Birmingham News (Alabama) February 15, 1997; Taking His Lumps: Judge Tough on Jeff Sessions, Montgomery Advertiser, July 18, 1997; Dill v. State, 723 So. 2d 787 (Ala. Crim. App. 1998).] Republican U.S. Attorney Sessions prosecuted Alabama Republican Party Vice Chairman John S. Gonas, Jr., who pled guilty to concealing knowledge of a cocaine deal. [News Briefs: Informant Fails to Show for Hearing, Birmingham News, May 14, 1993.] 26 Articles 27