Dear Member of the Judiciary Committee:
We,
the steering committee of the National Task Force to End Sexual and
Domestic Violence (NTF), a coalition of national, tribal, state, and
local leadership organizations and individuals advocating on behalf of
victims of sexual assault, domestic violence, dating violence and
stalking, write to express our opposition to Senator Jeff Sessions’
nomination for Attorney General of the United States of America. We have
arrived at this position based upon a review of his record as a state
and federal prosecutor, during which he applied the law unevenly, and as
a U.S. Senator, during which he supported laws that would afford only
some members of our society equal protection of the law. The role of
Attorney General requires a demonstrated commitment to providing equal protection under the law—particularly
to people who face discrimination because of their race, religion,
gender, gender identity, sexual orientation, disability or other
identities. We respectfully submit that Senator Sessions’ record speaks
for itself and that his history of differential application of the law
carries with it the potential to harm victims and survivors of
gender-based violence, particularly survivors from historically
marginalized communities. Thirty years ago, this Committee rejected
Senator Sessions’ nomination to the federal bench due to well-justified
concerns regarding his problematic record on civil rights and troubling
history of making racially insensitive statements. These
aforementioned concerns, combined with his equally troubling comments on
the nature of sexual assault and other concerns raised below, make
Senator Sessions an unqualified choice to serve as U.S. Attorney
General.
The position of
Attorney General of the United States of America, created by the
Judiciary Act of 1789, bears the responsibility of representing the
United States in all legal matters in which the country has an
interest.[1] Chief among those interests is the affording of equal
protection under our criminal, civil and civil rights laws to all
members of our society. Under 28 U.S.C. §503, the President’s
appointment of an Attorney General must be with the “advice and consent
of the Senate.” The process ensures that the person holding the post of
Attorney General is one fit for such duty, a person with the
intellectual, moral and steadfast ethical capacity to uphold the laws
and interests of the United States and to apply the laws equally to all
members of society.
Failure to Speak Up for Victims of Violence and Discrimination
A
threshold qualification for the position of Attorney General is a deep
understanding of the laws s/he is sworn to uphold. Of critical relevance
are Senator Sessions’ recent comments on the nature of sexual assault
in response to the release of a 2005 video in which President-Elect
Donald Trump describes grabbing women’s genitalia without their consent.
When asked whether he would characterize the behavior described by
President-elect Trump as sexual assault, Senator Sessions responded, “I
don’t characterize that as sexual assault. I think that’s a stretch. I
don’t know what he meant --.”[2] Federal statutes enacted prior to
Senator Sessions’ tenure as U.S. Attorney for the Southern District of
Alabama criminalize “abusive sexual conduct.”[3] The applicable
definition for conduct prohibited by 18 U.S.C. §2244 is clearly stated:
“the intentional touching, either directly or through the clothing, of
the genitalia, anus, groin, breast, inner thigh, or buttocks of any
person with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person.”[4] Thus, the Senator is
either unaware that abusive sexual contact is illegal under federal law,
or he feigned ignorance of the laws he was sworn to uphold as an
officer of the court for the sake of political expedience.
The
Department of Justice has the exclusive authority to enforce the United
States’ criminal statutes, including 18 U.S.C. §2244. The Department of
Justice also has exclusive jurisdiction over the prosecution of
domestic and sexual violence in the District of Columbia[5], most sexual
assaults perpetrated in Indian Country, and concurrent jurisdiction
over domestic violence offenses committed in Indian Country. Any
candidate for Attorney General of the United States, particularly a
former U.S. Attorney, should possess a thorough understanding of the
legal definition of sexual assault under federal law and under the laws
of the jurisdictions in which the Office of the U.S. Attorney has
prosecutorial responsibility. The National Task Force has worked
collectively for decades to ensure that legal definitions in the U.S.
Code and under state and local laws make it absolutely clear that sexual
assault is a crime. The job of the Attorney General is to enforce the
law without fear or favor. Thus, we expect the Attorney General to
enforce federal laws addressing sexual assault without introducing
nonexistent ambiguity, because of the perpetrator’s identity. Senator
Sessions’ cavalier statement about sexual assault leaves us fearful that
he will not vigorously prosecute sexual assault crimes, a practice
unbefitting of the nation’s chief law enforcement officer.
Additionally,
Senator Sessions’ poor history with respect to fighting for fairness
and equity has us justifiably concerned that he will not step in to
vindicate the rights of survivors of campus sexual assault and other
victims of discrimination. The Justice Department has jurisdiction to
enforce a myriad of civil rights statutes, including Title VI of the
Civil Rights Act of 1964[6] and Title IX of the Education Amendments of
1972[7]. These statutes bar discrimination in education based on race,
color and national origin and sex (respectively) by educational
institutions that receive federal funding.[8] On college and university
campuses alone, we know that 20 percent of women are victimized by
sexual assault.[9] Absent an Attorney General’s commitment to ensuring
that educational institutions root out bias and violence and hold
perpetrators accountable, victims of discrimination, harassment or
violence based on sex, race and/or national origin will be unable to
pursue their education in an atmosphere of educational equity. Teachers
surveyed since the election have described thousands of incidents of
“bigotry and harassment,” stemming from incidents involving “racist,
xenophobic or misogynistic comments,” and/or “derogatory language
directed at students of color, Muslims, immigrants, and people based on
gender or sexual orientation.”[10] It is imperative that the person
nominated to the position of Attorney General possess a demonstrated
record of work and support for these impacted communities, including
people of color, immigrants, Muslims and religious minorities, members
of the LGBT community, and people with disabilities.
Regrettably,
Senator Sessions’ career is replete with actions taken and statements
made in opposition to equitable educational access. While Attorney
General of Alabama, Senator Sessions fought equitable educational access
for poor, minority and disabled students in Alabama even after being
ordered by a federal court to remedy the yawning financial disparities
between Alabama’s richest (and whitest) and poorest school
districts.[11] Additionally, his mischaracterization of the Individuals
with Disabilities in Education Act as creating “special treatment for
certain children,” and being responsible for “accelerating the decline
of civility and discipline in classrooms across America,” is
appalling.[12] In light of these remarks, we are concerned not only
about the Senator’s willingness to use the civil rights statutes to
protect survivors of both campus sexual assault and other forms of
harassment and violence in the education context, but also his
commitment to ensuring equal access and safety under certain programs in
the Violence Against Women Act for victims of sexual and domestic
violence who have disabilities.
Fair Application of Law
We
have additional concerns regarding the Attorney General’s role with
respect to the fair, even and unbiased application of the law. Victims
and survivors come from all racial or ethnic backgrounds, faith
practices, sexual orientations, and gender identities: 33.5% of
multiracial women have been raped, as have 27% of American Indian and
Alaska Native women, 15% of Hispanic, 22% of Black, and 19% of White
women.[13] Additionally, 53.8% of multiracial women and 39.3% of
multiracial men experience intimate partner physical violence, intimate
partner sexual violence and/or intimate partner stalking in their
lifetimes, as do 46.0% of American Indian and Alaska Native women, 45.3%
of American Indian and Alaska Native men, 19.6% of Asian and Pacific
Islander women (data for Asian and Pacific Islander men is not
available), 43.7% of Black women, 38.6% of Black men, 37.1% of Hispanic
women, 26.6% of Hispanic men, 34.6% of White women and 28.2% of White
men.[14] We know firsthand that many survivors from vulnerable
populations hesitate to contact law enforcement or do not trust the
court system to address their victimization because they fear, based on
prior experience, that any justice system response may not help them. We
expect anyone who serves as Attorney General to create a Justice
Department accessible to all; the 5th and 14th Amendments of the U.S.
Constitution demand no less.
Senator
Sessions’ well-documented prosecutorial record[15], as U.S. Attorney for
the Southern District of Alabama and as Attorney General for the State
of Alabama, demonstrate his propensity to inequitably apply the law to
the disadvantage of historically marginalized populations. Senator
Sessions’ history leads us to question whether he will vigorously seek
to ensure that all victims and survivors of gender-based violence,
particularly vulnerable populations and those at the margins of society,
have access to vitally needed services and legal protections.
Senator Sessions’ Opposition to Protections for the Immigrant and LGBT Communities
We
are concerned that the positions that Senator Sessions has taken on
immigration and LGBT individuals pose grave threats to vulnerable
victims of gender-based violence. His consistent support of immigration
policies that increase the barriers to safety for undocumented victims
of sexual and domestic violence victims pushes immigrant victims further
into the shadows and harms families and communities by allowing
perpetrators (batterers and rapists) to abuse, traffic and assault with
impunity. During the consideration of two major comprehensive
immigration reform bills, as well on various other occasions, Senator
Sessions has sponsored amendments and stand-alone legislation to limit
the availability of critical safety net assistance for immigrants and
increase barriers to protections from abuse and exploitation by
penalizing local jurisdictions that fail to engage in immigration
enforcement activities. He has
made no subsequent statement that indicates that he would rethink these
punitive policy positions were he to be confirmed.
His
failure to support, and sometimes active opposition to, progress and
protections for the LGBT community leave us gravely concerned that if
confirmed, he would not stand up for the rights of the LGBT community
generally, and particularly with respect to LGBT victims of violence. He
opposed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act, which is of particular concern as we witness a spike in harassment
of minorities and bias crimes over the last several months.
Additionally, he supported a constitutional amendment to ban same-sex
marriage. He also opposed the repeal of “Don’t Ask Don’t Tell.” Senator
Sessions’ record sends the message to marginalized survivors that their
experiences will not be understood, nor will their rights be protected,
if he is confirmed as the Attorney General.
Opposition to the Violence Against Women Act
We
are also concerned that the nominee voted against the Violence Against
Women Act (VAWA) Reauthorization of 2013. Seventy-eight out of one
hundred senators supported the bipartisan bill; Senator Sessions was in
the distinct minority. The 2013 Act addresses the gaps in law that were
uncovered through outreach to and surveys of programs and service
providers and domestic and sexual violence victims themselves.
Our
analysis revealed that many survivors were not able to access services
and justice to the extent they needed. Of particular note, we found that
LGBT survivors often lacked access to justice and support based on
their gender identity or their sexual orientation. We also learned of
the deplorable lack of access to justice faced by survivors of domestic
violence and sexual assault on tribal lands. VAWA 2013 included
provisions that removed one of many barriers that prevent access to
justice for American Indian and Alaska Native domestic violence
survivors. The 2013 statute’s provisions expand and ensure that
immigrant survivors can access VAWA protections, allowing survivors to
come out of the shadows, help hold batterers and abusers accountable,
and enable law enforcement to protect community safety. VAWA 2013’s goal
of ensuring equal protection of the law was rejected by Senator
Sessions, who cast the bill’s advancements toward inclusion and equal
protection as political maneuvering and, in that light, voted against
the bill. The Attorney General is tasked with ensuring that VAWA’s
protection and programs are available and accessible to all. Senator
Sessions’ opposition to the VAWA protections and his prosecutorial
record leave us gravely concerned that he would not vigorously or
consistently apply these protections.
Conclusion
The
14th Amendment provides the inalienable right that every person receive
equal protection under the law.[16] Senator Sessions’ senate record of
strenuous objection to protections for historically marginalized
populations, coupled with his record of selective prosecutions,
demonstrate his unwillingness to protect marginalized victims’ access to
justice and disqualify him from holding the position of Attorney
General of the United States, a position charged with the responsibility
of securing justice for all. Selective application of the law and
outward hostility towards victims of sexual and domestic violence in
historically marginalized populations has a chilling effect on their
willingness and ability to seek services and protection. It drives
sexual violence, domestic violence, dating violence and stalking
underground, something we have made great strides to avoid. The Attorney
General of the United States must be an individual committed to
protecting the inalienable right of equal protection under the law to all within
United States’ jurisdiction. Moreover, his minimizing comments about
the nature of sexual assault call into question his dedication to
enforcing the law and providing justice to victims of this serious
crime.
In short, we oppose Senator
Sessions’ confirmation as Attorney General of the United States and we
ask you, as a member of the Senate Judiciary Committee, to ask him
direct questions regarding the concerns raised in this letter, and to
advise the President, pursuant to the prescription of 28 U.S.C. §503,
that Senator Sessions’ is unqualified to hold this post.
Yours truly,
The National Task Force to End Sexual and Domestic Violence
