S194 CONGRESSIONAL RECORD — SENATE January 8, 2009 

distinctive Georgia drawl, ‘‘I would like to 

advise that arrangements have been made 

for simultaneous translation.’’ 

He continued (paraphrasing Churchill’s 

great statement), ‘‘Our motto will be to 

wage obfuscation. We will wage obfuscation 

on the beaches and on the landing fields and 

in the political arena of America. And when 

all else fails and we can no longer obfuscate, 

we will tell the truth to the extent we know 

it.’’ 

We celebrate with deep affection the life of 

this rare man. 

Mr. CHAMBLISS. When leaving the 

Fifth Circuit, Judge Bell returned to 

King and Spalding and distinguished 

himself as one of the country’s premier 

lawyers. 

In closing, as I have paid tribute to 

his distinguished career, I wish to take 

a moment to pay tribute to this wonderful gentleman and friend. As a lawyer, I learned so much from him about 

the practice of law. As a Congressman 

and Senator, I learned so much about 

politics and public service. 

As a friend, I enjoyed our visits and 

conversations. His keen sense of humor 

has been compared to Mark Twain. As 

my good friend, Bob Steed—Georgia’s 

very own ‘‘Mark Twain’’; a real humorist, columnist, and long-time law partner of Judge Bell—said this week of his 

wisdom and wit: 

If he took a position, he’d take it strongly 

and defend it. But if someone improved it, he 

was willing to give way. His ego didn’t get 

involved with choices . . . He was sharp to 

the very end. He told his son that there must 

be a committee in heaven in charge of dying, 

because it was taking so long. 

That was Judge Bell. 

Griffin Bell changed the course of the 

history of our country. As a judge on 

the Fifth Circuit, his decisions regarding integration of school systems in 

Georgia and across the South were a 

model for integration throughout the 

Nation. In his role as Attorney General, he did much to restore the 

public’s trust in the Department of 

Justice. He was a close personal friend 

of mine, and this is not only a national 

loss but a personal one as well. 

Mr. President, I have before me a 

commencement speech that he gave at 

Mercer University Law School in 2002. 

I ask unanimous consent that it be 

printed in the RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

Dr. Godsey, Congressman Chambliss, members of the faculty, families of graduates, 

graduates and friends: 

I congratulate each one of you graduates 

on having completed law school. Through 

much study and great effort, you are about 

to become lawyers. You are about to become 

members of a privileged class of Americans 

because as lawyers, you are agreeing to serve 

your fellow Americans in resolving those 

kinds of disputes which arise in a free country. 

We have many rights and many responsibilities, and lawyers are necessary to resolve the conflicts which arise from time to 

time with respect to those rights and responsibilities. 

In 1835, a young Frenchman by the name of 

Alexis de Tocqueville came to this country 

to study our prison system. He stayed for 

two years and ended up writing Democracy 

in America, an epic study of our democratic 

system. He reached many conclusions, and 

two apply to you. 

First, he said that almost every problem 

that arises in a democracy will eventually be 

resolved in the court system. This was true 

then and it is true now. 

Second, he said that there was no aristocracy in America, but that the nearest approach to aristocracy was in the lawyer 

class. His thought was that lawyers occupy 

an unusual and favored position in our system. 

So now that you are about to become aristocrats, I want to give you a short lecture on 

behavior. We have an ample supply of lawyers in our country, and some of the lawyers 

overlook the obligation to serve others. They 

also distort the privilege of practicing law by 

converting it into a mere occupation. I was 

taught in law school that a lawyer had ethical obligations well above the morals of the 

marketplace. 

We are privileged to represent others in resolving their problems, but we have to do so 

with the public interest in mind. We can advise and counsel and defend clients, but we 

cannot advise or facilitate activities which 

violate the law. We live in a very complex 

world where the channels of commerce depend on tax laws, which are often 

unfathomable. There is a fine line between 

tax avoiders and tax evaders. Accounting 

standards can be evaded with the result that 

the public loses confidence in our business 

corporations and in the integrity of the marketplace. Lawyers are the watchmen on the 

wall in the sense that they should say no to 

clients who engage in such activities. 

One of the first duties of a lawyer is to remain detached in any representation to the 

end that you do not facilitate the breaking 

of the law. Always err on the side of doing 

right. You and only you are responsible for 

your ethics. 

You should attach yourself to a mentor at 

the earliest possible time. Those of you who 

will be trial lawyers—and that will probably 

be about half of you—will not have the privilege of being trained as barristers, as would 

be the case in England, where you would 

have your training at an Inn of Court. Inns 

of Court do not teach law, but they teach 

lawyers how to conduct themselves and how 

to behave themselves. Once they are certified by their mentors, as knowing how to 

conduct themselves, they become barristers. 

If you attach yourself to a mentor who has 

integrity—and I can assure you that the 

older lawyers are always glad to help young 

lawyers—you will absorb those qualities of 

conduct that will make you into respected 

lawyers. 

The rules of conduct that you should follow in your practice can be simply stated. 

1. To a client a lawyer owes undivided allegiance and the utmost application of your 

learning, skill and industry as well as the 

employment of all appropriate legal means 

within the law to protect and enforce the interests of the clients. You should not be deterred by any fear of judicial disfavor or public unpopularity. Nor should you be influenced by self interest. 

2. To opposing counsel a lawyer owes a 

duty of courtesy, candor in the pursuit of 

truth and cooperation in all respects—not inconsistent with the clients’ interests. You 

also must scrupulously observe all mutual 

understandings. Your word is your bond. 

3. To the courts you owe respect, diligence, 

candor and punctuality. You should also 

work to ensure the independence of the judiciary and protect the courts against unjust 

and improper criticism. In return, you 

should expect from the judge and the courts 

that you be treated with respect and that 

your dignity and independence as an officer 

of the court be maintained. I have always 

thought it a mark of great distinction that a 

lawyer in court can make a statement, as 

they say, ‘‘in his or her place’’ to the court, 

without the necessity of being put under 

oath. This is a mark of our professionalism. 

4. In the administration of justice, you 

must abide by the rules and conform to the 

highest principles of professional rectitude, 

irrespective of the desires of the clients or 

others. 

5. To the public you owe the duty of making certain that the system for administering justice is fair and efficient, and you 

should do what you can to improve the system. 

6. To the public you also owe the duty of 

seeing to it that counsel is made available to 

those who cannot afford counsel either on a 

pro bono basis or for such fees as can be afforded. 

7. Finally, to our country you owe the duty 

of leadership. You are in the class ‘‘to whom 

much is given, much is expected.’’ 

You should arrange your affairs as lawyers 

so as to have time to be thorough and diligent. The bane of many lawyers may be having too much practice. You do not serve any 

client well when you lack the time to be 

thorough and prompt. You are not required 

to take every matter that is presented to 

you, but having assumed a representation, it 

becomes your duty to finish the representation. Sometimes you will make a bad bargain, but as professionals, you are still obligated to carry out the representation. 

Someone asked one of my friends when we 

were in law school why so many of us veterans were going to law school just after 

World War II. My friend replied that we were 

hoping to gain a part of the American dream. 

In most instances, my generation has found 

the American dream. We have had good, rewarding lives and we have taken great pride 

in our profession. 

I am proud to be a lawyer. I am proud of 

the fact that my son is a lawyer, and I am 

proud of the fact that my grandson, a member of this class, is about to become a lawyer. Being a lawyer is an honorable profession, and our obligation is to maintain it 

with honor. 

I feel certain that all of you will have that 

attitude toward being lawyers, and I wish 

you well as you go forth now into the practice. I hope that each one of you will find the 

American dream. 

Thank you. 

Mr. CHAMBLISS. I remember the 

day very well when Judge Bell gave 

that commencement speech at Mercer 

Law School because that day his 

grandson Griffin, III graduated from 

Mercer Law School, and my son Bo 

graduated from Mercer that same day. 

I was privileged not only to be there to 

see my son graduate from law school 

but also to share the dais with Judge 

Bell and to introduce Judge Bell to 

make that commencement address. 

He was a great American. He was a 

great Georgian. He was a terrific lawyer with unparalleled credentials, unparalleled integrity, and someone who 

is going to be missed by our State and 

by our country. 

(Ms. KLOBUCHAR assumed the 

chair.) 

f 

ISRAEL 

Mr. CHAMBLISS. Madam President, 

I also wish to discuss the security in 


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January 8, 2009 CONGRESSIONAL RECORD — SENATE S195 

the Middle East and to offer my support for Israel. Israel is an important 

foundation of stability and democracy 

in the Middle East. The resolution of 

the Israeli-Palestinian conflict is important not only to the peace and security of the Middle East but also to the 

rest of the world. 

The United States and Israel share 

common principles and a strong commitment to eradicate terrorism and to 

secure a better future for the world. 

Israel has been a steadfast ally of the 

United States and, I assure you, the 

United States will stand ready to assist 

our friends, the Israelis, to promote 

peace, defeat terrorism, and prevent 

hostile countries that sponsor terrorism from obtaining nuclear weapons. 

With hopes for peace and a two-state 

solution, Israel evacuated all of its 

citizens and soldiers from Gaza in 2005, 

including the uprooting of homes, 

schools, and places of worship. Unfortunately and regrettably, following 

these actions, the Palestinians failed 

to develop fully the Gaza Strip and 

voted into power Hamas, a terrorist organization supported by Iran and 

whose true objective is to eradicate the 

state of Israel. 

Following years where terror groups 

in Gaza launched rockets at Israel, targeting the Israeli civilian population, 

it became clear that it was time for action. After Hamas failed to renew its 

self-imposed cease-fire—one it, frankly, 

never enforced fully—Israel was forced 

to take appropriate action to protect 

her citizens. To that end, Israel has responded appropriately. 

The United States-Israel alliance remains more critical than ever as Israel 

defends her people and works to end 

the threat posed from terrorist groups 

on its borders. The United States and 

Israel face an unprecedented array of 

shared threats—from Iran developing a 

nuclear program with unclear intentions and a clear track record of deceit, 

to the expanding military capabilities 

of terrorist groups such as Hamas and 

Hezbollah, which are supported by 

Iran—and security and stability in the 

Middle East, especially for our ally 

Israel, has never been more precarious. 

I do hope this conflict will soon come 

to a peaceful conclusion. Nevertheless—and let me be clear—Israel has 

every right to defend its citizens while 

taking precautions, to the extent possible, to spare the civilian population 

in Gaza and reduce collateral damage. 

I urge the people of Gaza to reject 

Hamas and surrender the terrorists’ 

rockets in the most expedient manner 

to facilitate ending this necessary action by Israel. Israel remains committed to peace talks with the Palestinian Authority, despite Hamas’s constant bombardment of Israel and its ineffective control over the Gaza Strip. 

In order to improve the prospects for 

successful and lasting peace between 

the Israelis and the Palestinians, it is 

necessary for all Palestinians to work 

toward a solution. This cannot be done 

while Hamas is allowed to rain terror 

into southern Israel. I encourage the 

Palestinian Authority in the West 

Bank to form a legitimate and authoritative body which can speak for all of 

Palestine, effectuate change, and exercise control over terrorists who reside 

in their territory. I commend President 

Abbas for taking part in the international discussions about the situation in Gaza. 

I support the necessary requirements 

of any cease-fire which Secretary Rice 

discussed before the United Nations. 

Hamas must end the rocket, mortar, 

and other attacks on Israel, and Israel 

can then cease its military offensive 

and reopen Gaza’s border crossings so 

that Palestinians can benefit from humanitarian goods and basic supplies. 

Most importantly, the smuggling of 

weapons into Gaza through hundreds of 

illegal tunnels must end. The Arab 

states in the region, especially Egypt, 

should be a part of this process, and I 

encourage the Palestinians to seek 

their guidance and support, and in return for them to offer guidance and political and financial support. 

Madam President, with that, I yield 

the floor and suggest the absence of a 

quorum. 

The PRESIDING OFFICER. The 

clerk will call the roll. 

The assistant legislative clerk proceeded to call the roll. 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

order for the quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. WHITEHOUSE. Finally, I ask 

unanimous consent to speak for 15 minutes as in morning business. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

HEALTH CARE REFORM 

Mr. WHITEHOUSE. Madam President, today Senator Daschle has come 

before the HELP Committee for his 

confirmation hearing as our Secretary 

designate of Health and Human Services. I know that all of our colleagues 

and friends in the Senate found it moving and wonderful to see the distinguished chairman of that committee, 

Senator KENNEDY, back in his chair 

leading that hearing. We are all delighted to see him back at work in the 

Senate, and we are delighted to see 

Senator Daschle back with us in this 

exciting new capacity. 

We know every American deserves 

health care that he or she can afford. 

Senator Daschle knows that to do that 

we need basic systemic reform that 

will improve the way health care is delivered in this country. Senator 

Daschle has already brought forward 

ideas, such as the creation of a Federal 

health board, that have contributed 

enormously to the health care reform 

debate, and I hope very much he will 

pursue those ideas further at HHS. His 

nomination and President-elect 

Obama’s creation of a new White House 

Office of Health Care Reform emphasize their serious commitment to solving this bedeviling problem. Senator 

Daschle will bring distinguished, 

thoughtful leadership to the crisis in 

our Nation’s health care system. 

Health care reform is the signal challenge facing our families, our economy, 

and our Government. I wish to take a 

few minutes today to speak about this 

great challenge and the urgent need for 

action. 

We all know the system is broken. 

The evidence lies all around us—in my 

State of Rhode Island and across the 

country. When a lost job is frightening 

not just because it means lost income 

but because it means lost health care, 

our health care system is broken. When 

sudden illness strikes and insurance 

will not cover the costs, our health 

care system is broken. When families 

wait to see a doctor until it is too late 

because they have no health insurance 

to pay for the visit, our health care 

system is broken. 

We see the evidence of the broken 

system and the staggering costs of 

health care in this country. The United 

States spends 16 percent of our GDP on 

health care. That is about twice what 

our major industrialized competitor 

nations spend. The annual cost of the 

system exceeds $2 trillion, and it is expected soon to double. Family health 

emergencies have been the most common cause of personal bankruptcy, and 

businesses, large and small, struggle 

under the weight of ever-increasing 

health insurance costs. There is more 

health care than steel in Ford’s cars 

and more health care than coffee beans 

in Starbucks coffee. 

Yet for all that money, what do we 

get? We still leave 46 million Americans uninsured; 46 million wrenching 

stories of health care foregone, of personal misfortune, even lives lost. That 

doesn’t even include the experiences of 

our Nation’s underinsured or small 

business owners struggling to provide 

health insurance or the many Americans who receive poor quality health 

care. 

President-elect Obama is committed 

to reforming this broken system, and 

he has taken swift action to engage the 

American people in a national conversation about what is wrong and 

what we can do to fix it. Last month, 

he and Secretary-designate Daschle 

asked people to hold meetings in their 

communities to discuss health care reform and to share their ideas. 

In the end, there is no better way to 

understand the deep failures of our 

health care system and the very real 

pain, frustration, anxiety, and anger it 

causes than to talk to the people who 

have experienced it firsthand. Over the 

past few years—at community dinners 

that I have around our State, in my office, as I travel around—many Rhode 

Islanders have reached out to me to 

share their stories and to urge that we 

work urgently to repair this broken 

system. I wish to take a moment to 

share a few of those stories. 


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