Senate Judiciary Committee Oversight Hearing with Attorney General Eric Holder, Nov. 8, 2011

Long Gun Reporting Requirement

Attorney General Holder: "[E]arlier this year, the House of Representatives actually voted to keep law enforcement in the dark when individuals purchase semiautomatic rifles and shotguns in southwest border gun shops.  Providing law enforcement with the tools to detect and to disrupt illegal gun trafficking is entirely consistent with the constitutional rights of law-abiding citizens."

FACT

In Operation Fast and Furious, law enforcement was not in the dark when individuals purchased these weapons.  Rather, they were receiving real-time?and sometimes advance?notice from cooperating gun dealers when suspected straw buyers would purchase pistols or long guns.  The information for both pistols and long guns was placed onto what is called a "4473" form, which gun dealers then faxed to the ATF.  However, rather than using that information to question the suspected straw buyers and eventually make arrests, ATF chose to allow them to continue to traffic guns.  There were about 93 multiple handgun purchases by Fast and Furious suspects averaging nearly five handguns per purchase. These were already required to be reported under existing regulations.  There were about 148 multiple long gun purchases by Fast and Furious suspects, averaging over 9 long guns per purchase.  Most of the purchases were made by just a few buyers.  Cooperating dealers reported them even without a regulatory requirement because they were suspicious and involved known straw buyers.

For instance, within three days of Jaime Avila's January 16, 2010, purchase of the two weapons that were later recovered at the scene of Border Patrol Agent Brian Terry's murder, ATF had entered the purchase into their Suspect Gun Database.  Beginning 7 weeks prior to that date, ATF had already entered 13 weapons purchased by Avila into their Suspect Gun Database, including 8 long guns.  The problem was not a lack of information.  It was a failure to act on the information the government already had.

Pilot Program Will Yield Public Sector Energy Savings;
Create More Than 100 Green Jobs

CHICAGO - November 16, 2011. Governor Pat Quinn today announced Illinois Energy Now grants to help more public sector entities - such as schools, parks and police - incorporate energy efficiency into their buildings and save money. Awarded through the Illinois Energy Now Public Sector Energy Efficiency Aggregation Program, the grants will provide an estimated $7.1 million in energy cost savings to public sector facilities, including schools, community colleges and local municipality buildings. The initiative will help create more than 100 green sector jobs.

"By improving energy efficiency in public facilities, we are making Illinois a greener place to live and work," Governor Quinn said. "This program will help save money on public facility energy costs and create green sector jobs to keep our economy growing."

The Illinois Energy Now program offers a portfolio of both electric and natural gas efficiency programs to achieve targeted annual energy savings goals. The program ensures that the state meets its annual energy savings targets in three sectors: units of local government, community colleges and K-12 schools. The state of Illinois works with the electric service territories of ComEd and Ameren Illinois, and gas service territories of Ameren Illinois, Nicor Gas, Peoples Gas and North Shore Gas to ensure that the state meets its annual energy savings targets.

Grant recipients include the city of Chicago, the Illinois Green Economy Network (IGEN) Community College Partnership, and the Metropolitan Mayors Council. Each of these grantees is responsible for identifying projects eligible for public sector incentives, administering the applications and implementation, and reporting back project data and progress.

The County Commissioners Association was also awarded a $260,000 Illinois Energy Now grant to increase awareness of the energy efficiency incentives for public entities, with the goal of bringing in 60 projects that otherwise would not have had the technical resources to apply.

"Prior to the implementation of the Illinois Energy Now program, Illinois did not have a coordinated effort to achieve public sector energy reduction goals," DCEO director Warren Ribley said. "Through this program, we are helping to lower the energy bills of schools, parks and police stations, while creating green sector jobs."

The Illinois Energy Now program was created under the Energy Efficiency Portfolio Standard law, giving Illinois among the most ambitious energy efficiency standards in the nation. The initiative requires Illinois utilities to reduce overall electric usage by 0.2 percent of demand in 2008, escalating to 2.0 percent by 2015.

"Illinois' emphasis on energy efficiency is good policy and good for jobs because it puts our union brothers and sisters to work and provides public sector workers with more resources to make their communities better," said Michael T. Carrigan, President of the Illinois AFL-CIO.

As part of Governor Quinn's efforts to ensure greater energy efficiency and create more green industry jobs, the state's energy efficiency programs created more than 1,440 direct and indirect jobs in the green economy last year. The State Energy Office within the Illinois Department of Commerce of Economic Opportunity administers public sector and low income programs, while utility partners - ComEd, Ameren Illinois, Nicor, Peoples Gas and North Shore Gas - administer residential and business energy efficiency programs. For more information on Illinois Energy Now programs, visit www.illinoisenergy.org.

"Cameras in federal courtrooms are at the very heart of an open and transparent government.  Broadcasting the health care reform law proceedings would not only contribute to the public's understanding of America's judicial system, but provide an excellent educational opportunity on a case that has the potential to have a far reaching impact on every American," Grassley said.  "This law is massive in size and scope.  Its effect is reverberating throughout America's economy.  The constitutional questions are landmark.  The public has a right to hear and see the legal arguments."

Grassley first introduced the Cameras in the Courtroom legislation in 1999.  Since then, the Chief Justice has immediately released audio of oral arguments of compelling cases.  The first release came when, at the request of Grassley and others, then Chief Justice William Rehnquist allowed for the release of audio immediately following oral arguments in the Florida election matter in 2000.  Since then, Chief Justice John Roberts has released audio recordings the same day of the oral arguments for more than 20 cases, including Grutter v. Bollinger, D.C. v. Heller, the Guantanamo Cases and the Citizens United Case.

Here is a copy of the text of Grassley's letter.  A copy of the signed letter can be found here.

November 15, 2011

The Chief Justice

The Supreme Court of the United States

Washington, DC 20543

Dear Chief Justice Roberts:

I am writing to request that the Supreme Court exercise its discretion to permit television coverage of Supreme Court proceedings when the Court hears arguments in the case of the federal health care reform law.  It is my understanding oral arguments will take place in March of next year.

The decision in this case has the potential to reach every American.  The law is massive in size and scope.  The effect of the law, and the Court's decision, will reverberate throughout the American economy.

The constitutional questions presented in the case are momentous. The public has a right to witness the legal arguments likely to be presented in the case: (1) the constitutionality of the individual mandate; (2) the severability of the individual mandate and whether or not the remainder of the law is valid without the mandate; and (3) the authority of Congress to impose mandatory Medicaid coverage thresholds on states.  Given the nature of the topic, everyone in the country would benefit from following the proceedings in this landmark case.

Modern technology makes televising the proceedings before the Court simple and unobtrusive.  A minimal number of cameras in the courtroom, which could be placed to be barely noticeable to all participants, would provide live coverage of what may be one of the most historic and important arguments of our time.  Letting the world watch would bolster public confidence in our judicial system and in the decisions of the Court.

Providing live audio and video coverage of the oral arguments will be of great benefit to the Court and to the public.  Letting the world watch these historic and important proceedings will bolster confidence in our judicial system and the decisions of the Court.

Sincerely,

Charles E. Grassley

United States Senator