our free mobile video app or online at cspan.org. >> friday nights watch cspan's 2024 campaign trail, a weekly roundup of cspan's campaign coverage, providing a one-stop shop to discover what the candidates across the country are saying to voters, along with firsthand accounts from political reporters, updated poll numbers, fundraising data and campaign ads. watch cspan's 2024 campaign trail friday night at 7:30 p.m. eastern on cspan, online at cspan.org or download the podcast on cspan now, our free mobile app or wherever you get your podcast. cspan, your unfiltered view of politics. >> and now justice department assistant attorney general for civil rights kristen clark

gives testimony before a house judiciary subcommittee. >> >> the subcommittee will come to order. without objection, we are authorized to declare a recess at any time. we welcome everyone to the hearing on the department of justice civil rights division.

with that, we will have the pledge of allegiance with the gentleman from arizona leading us to the pledge of allegiance. >> ♪ ♪ i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all. >> i will now recognize myself for an opening statement. i think our witness for being here today. civil rights division is responsible for the enforcement of his local civil rights statutes here in congress and related constitutional guarantees. this is an issue near and dear to my hard. i too in a previous life served in the united states and the e

eastern district of texas. my job there as a witness, my colleagues know, was to equally enforce the law. my grandfather was the chief of police in east water texas. my grandmother was the first woman elected county clerk in nolan county, texas, after my grandfather passed away from cancer. my dad was seven years old. her job was to equally enforce the law. justice is blind and we must follow the facts wherever they may take us. like all components of the justice department, the civil rights division is expected to do the same. equally enforce the law. unfortunately under the biden administration this has not always been the case. then civil rights division has fixed its site protecting us. police departments. there often harassing these departments to the point that they cannot do their jobs. there have been a series of investigations, indianapolis, phoenix, new york, louisiana state police, new york state police department special victims unit, dorchester, massachusetts, , new jersey, lexington, mississippi . 11

times over the last two years, we have seen a significant disparity. there are a few examples of how the doj civil rights division has targeted those who protect our communities. it is not to say there are not circumstances meriting review, but in the midst of open crime, open borders, sentinel, the doj is prioritizing investigations of small to midsized police departments. under president biden, the doj has opened 11 police department investigations compared to just one in the previous administration. this combined with fairly radical views that we will talk about with the witness earlier about defending the police in the past which raises concerns about the intent of such investigations, especially at a time of police are demoralized following the defined the police movement. the division's activities have also too often amounted to using the law to advantage or disadvantage certain states and

individuals. for example, the freedom of access to clinical inferences, or f.a.c.e. act. this law protects abortion clinics, pregnancy resource centers, and houses of alike. they see f.a.c.e. act violations involving abortion clinics, especially the situation involving mark howell, where he was protecting his young son from a belligerent abortion activist. on may 2nd, 2022, dobbs and the women's health organization leaked to the press. this gave widespread demonstrations that attacked pro-life facilities. more than 100 pro-life facilities were vandalized or damaged including by arson. 218 catholic churches have been attacked since the dobbs decision was leaked according to the vote. current to the family research council, there are 57 pro- abortion acts of hostility from churches from january 2022 to

fiscal 23, there were 69 instances of hostility towards churches. you would expect civil rights division to step up and protect the civil rights of these americans. but there was not. in 2022, the department brought 26 prosecutions under the f.a.c.e. act. all of them involved alleged incidents at the abortion clinics. in '23, they identified one prosecution of four individuals in florida who praise painted a pregnancy resource center. this marked the first time in american history that the f.a.c.e. act was used against pro- abortion protesters. this questionable use of resources is further identified by other divisions. in 2021 20, that a new election law with the active purposes for denying the right of black forges to vote based on race or color. the problem is that is just not true. in the court decision today to borne that out commercially the court refused to block several

litigations of the law. notably the court found the department has not shown that any have a disparate impact on black voters. quite simply the facts on the ground do not match the allegations in the department lawsuit. while the department is devoting resources, they are missing an action when constitutional rights are violated. in september this year, the mexico governor issued the lawful carrying of firearms in the state. this order was plainly on constitutional in the supreme court precedents. despite the plain violation of american rights, this was nowhere to be found. and now the department had to bring a lawsuit to overturn the order. the division filed a amicus brief and was given a state of interest to protect americans second amendment rights. more importantly, they stand idly by while jewish americans have their rights violated by

radical pro-palestinian protesters. since hamas' cowardly attack humans they murdered innocent israelis, raped women, and kidnapped babies, rapid anti- semitism has occurred throughout american campuses and major american cities. protesters in philadelphia protested outside of goldie, a jewish-owned falafel restaurant, outside independence hall where the declaration of independence was signed. the division must return to protecting the rights of all americans. i would note there is a ongoing wave of anti-somatic threats throughout the west. montreal jewish stools and attacked homes in l.a. investigated how crimes including the search for suspects that spray-painted swastikas on synagogues. cornell cancels classes after a student was arrested for murder, rape. the fbi investigating after anti-somatic graffiti.

that is eight literally pages of of examples of anti-semitic acts in the wake of october 7th, and it is notable that there has been basically silence. so it is true the division must return to nonpartisan work and not just those that it favors. i look forward to hearing this morning how that will happen and i recognize the ranking member for her statement. >> thank you. i want to welcome you to the judiciary committee and this very important oversight to help the american public understand the critical role that the civil's rights division of the department of justice plays in protecting the fundamental rights and freedoms of all americans. this hearing is particularly important since your predecessor refuse the committee's request for oversight hearings amidst the trump administration's efforts to up and i the department of justice in a way that was

unprecedented in the history of this great nation. under that administration, we some members of the department of justice leadership acting as a president's personal attorneys, repeating election disinformation, withdrawing support for voting rights and other civil rights enforcement, and reversing courts on decades of work to ensure that law- enforcement agencies protect the rights of all americans, and of course under that demonstration we saw the normal hate speech, chaos, and political violence which is tearing apart so many of our communities today. that is why it is so important that we understand the critical role of the department of justice civil rights in combating and securing our civil freedoms. it is worth remembering that congress explicitly created the civil rights division as part of the civil rights act of 1957 to protect the voting rights of black americans and other minorities. the very generation of the civil rights was the belief in

a democracy that the right to vote as a foundation upon which all other rights and freedoms ultimately rest. these course of rights and freedoms include the rights to cast a vote in a free and fair election regardless of race. the right to be free from discrimination and for housing and education, and for the right to be free from violence- based on haight. we look for to have the civil rights division has renewed these principles underscore leadership. another trump admission, we saw the administration abdicate its responsibly. we see a renewed focus by the division on vigorous civil rights enforcement. understanding that the right to cast a vote in a free and fair election is the foundation of all other rights, i appreciate the division's renewed focus on taking action in over 40 voting right matters since 2021, ranging from voting-related enforcement actions to numerous private enforcement actions

including two in pennsylvania. but we continue to vigorous enforcement of the voting rights act as we see asian l'mia restrictive voting laws enacted by states over the past the supreme court's erosion of three years with the potential to impact the 2024 election. of course much of this legislative activity stands from the supreme court erosion of 1955 through a series of decisions beginning with shelby county versus holder and continuing with one of its versus democratic national committee. these decisions have made it harder and more resource intensive about the civil rights division and other voting rights act plaintiffs to prevail in enforcement action. but there is a solution of course. that is that congress must act. congress must respond by re- authorizing the voting rights act and updating the guardrails of our democratic republic to respond to 21st century threats. we must pass the john lewis voting rights advancement act

which would ensure full funding for the civil rights division to deploy more resources to enforce voting rights protections. the civil rights division also bears responsibly for enforcing federal hate crime laws, at a time when over the past seven years we have seen an explosion of hate speech and political violence whether directed towards racial or ethnic minorities, women and lgbtq+ persons, or members of religious groups. all over the community, residents have been impacted by hate incidents. statistics by the fbi show that last year even with imperfect reporting, law enforcement agencies reported over 11,000 hate crime incidents, over 59% of those victims being targeted because of their race or ethnicity, and another 17.3 targeted because of their religion and another 17% because of their sexual orientation.

of course on october 7th, the israeli military response to the attacked, we have seen increasing reports of anti- semitism and islamophobia including potential hate crime. also, for decades, the civil rights division has played an important role in helping law- enforcement agencies keep their communities safe while protecting the civil rights of all citizens. one of the tools for doing this is to work with communities to address patterns and practices in law enforcement, a toilet abandoned by the trump department of justice and i look forward to hearing what progress has been made in this area. again, thank you assistant attorney general clark for updating us on the work of the division of what congress needs to do to assist the division and that work. >> i now recognize the ranking member of the committee mr. nadler for his opening statement should he care to get one. >> thank you, mr. chairman. i would like to thank you bite

beginning with attorney general clark for a period before the subcommittee today. unfortunately, it is been several years since we were able to department the department of justice civil rights provision. the immediate predecessor during the trump administration never appeared before us. we did not blame the department at evasion for the time because back then it basically did nothing good for us and vigorously did not enforce our creative goals and civil rights laws. i am pleased to announce under the biden administration and under general clark's leadership they are once again taking their roles seriously. that means protecting american from a nationwide effort to undermined the right to vote, working with local communities to resolve patterns and practices of unconstitutional conduct in law enforcement agencies, addressing the

disturbing rise in hate crimes across the country, and combating discoloration in all forms whether it be in employment, housing, education, or elsewhere. with all of these critical issues and many others, that impacted many americans. tirelessly ensuring all americans regardless of their race, religion, sex, or sexual orientation, are treated equally under the law. thank you for your efforts to keep this department. excuse me. on top of mind for me is the recent rise in anti-semitism and the general rise in hate crimes and other forms of illegal discrimination that has transpired over the past several years. including recent data compiled by the fbi from 2022, the testimony of law-enforcement officials, there has been a significant documented increase in anti-somatic hate crimes and

discrimination. according to fbi data, even before hamas's brutal terrorist attack, anti-semitism was on the rise. in 2022, there were 42 incidents based on religion. more than half of these were driven by anti-jewish bias. during recent testimony before the senate, the fbi director stated the threat of anti- semitism, quote, is reaching in some way sort of historic levels and that is in part because the jewish community is targeted by terrorists across the spectrum including terrorist organizations and domestic violence and terrorism extremists. they went on to say that the fbi statistics would indicate that for group that represents in about 2.4% of the american public, jewish americans account for something like 60% of all religious-based hate crimes. and it is not just the jewish community that is experiencing a rise in hate. in the week since the october 7th attacks, the been tragic incidents of islamophobia and

hate across the country including in vermont and in the murder of a muslim child in illinois. unfortunately, hate crimes rooted in race, ethnicity, or ancestry, continue to remain the most common. according to that same fbi data, reported incident in 2022. and the number of anti-black incidents of his more than three times higher than the next highest racial or ethnic category. additionally, fbi data also shows a disturbing trend of instances of violence against the transgender and non-gender confirming community. as we all know, while statistics can help us quantify and understand the problem, it cannot fully medicate the bias of these crimes is feeling at this moment committed across our communities. i cannot emphasize how vulnerable the jewish communities are feeling now

that there has been an explosive rise in anti-semitism both at home and abroad. and i know without a doubt that every other community i just mentioned shares that same sense of vulnerability following similar hate- motivated crimes. hate crimes send the message to every member of the community that you are not a real person and therefore are undeserving of the law's protection. addressing that feeling of vulnerability is of course the point of hate crimes enforcement. to provide justice not only for the victim but the entire community. am heartened to hear that under your leadership, they have brought over 100 hate crime related creases and secured numerous convictions, including against the perpetrators of the attacks in buffalo, pittsburgh, and el paso. that is why i also believe it is crucial for congress to provide tools and resources to the civil rights division so

that it can effectively address this rise in hate as well as carry out its mission to address discrimination in government programs and services. that said, general car, i would offer a few words of advice to you. cannot be distracted by the republican sideshow fueled by the conspiracy-minded allies in a conservative media echo chamber in which we have already heard a preview today. under your leadership, the civil rights division is properly focused on the enforcement of rights essential to the functioning of our diverse democratic society. after all, if you can be attacked with impunity because of your religion, denied the right to vote because of your race, fired from your job because of your sex, are prohibited from receiving education because you're transgender, the fundamental rights and values enshrined in the constitution are not worth the paper they are written on. we look forward to our

distinguished's witnesses testimony and i bounce back on my time. >> i thank the ranking member for a statement. without objection, all other opening statements will be included in the record. i will now introduce today's witness, the honorable kristin clark, the attorney general for civil rights. she was sworn in on may 25th, 2021. we welcome our witness and thanked her for appearing today. we will begin by swearing you in. would you please rise and raise your right hand. do you swear or affirm under penalty of perjury that the customer you are about to give is true and correct to the of your knowledge and information and belief and so help you god? >> i do. >> thank you. let the record show that the witness has answered in the affirmative. please know that your written testimony will be entered in the record in its entirety accordingly. ms. clark, you may begin. >> good morning.

mr. roy, ranking member nadler and distinguished members of the subcommittee, thank you for the opportunity to appear before you today. protecting civil rights is essential to the department of justice. in fact, the department was created in 1870 in part two confront the ku klux klan and others who use terror and violence to prevent black people from exercising their civil and constitutional rights. nearly 100 years later, congress gave new energy to this work by enacting legislation that established the civil rights division and empowered it to protect the civil rights of every person in america. our work remains vital, as we continue to see acts of bigotry, violence, and discrimination in many aspects of life. the division combats these harms by enforcing the constitution and the

protections enshrined in law by congress. we work to ensure that every eligible american has voice in our democracy by confronting voting discrimination, and we worked to advance equal opportunity in employment, housing, education, and more. we safeguard the rights of people with disabilities, and we defend the civil rights of those who defend our nation in the armed forces, both past and present. we were to vindicate the rights of sexual assault survivors and people who experience sexual harassment on campuses and in workplaces in housing and in jails and prisons. we work to ensure that law enforcement personnel carry out their jobs lawfully and without bias. this work includes profits cushions of officers who have abused their power, including officers tied to the tragic deaths of george floyd in

minneapolis, breonna taylor in louisville, and tyre nichols and memphis. work that has particular urgency today is our response to bias motivated violence. fbi data shows that reported hate crimes are at the highest level in more than a decade. black people remained the group most frequently targeted by hate crimes. and crimes motivated by anti- semitism, islamophobia, and bias against the victims' sexual orientation or gender identity have also climbed in number. in the weeks following the devastating october 7th attacks in israel, and ensuing violence in the middle east, we have seen an alarming rise in acts of hate in our neighborhoods, on our campuses, and on our streets. we know that too many communities are living in fear and we have all seen the horrors that result from hate. the charleston nine. the el paso 23.

the tree of life 11. the buffalo 10. the club q 5. the jacksonville 3. each of these tragedies offer a bleak tragedy, death, and pain that can flow from bigotry and hatred, and so the division's top priority is to investigate and prosecute unlawful acts of hate. since january of 2021, they have charge more than 105 defendants in more than 95 cases for committing hate crime, and during that same period, we obtained more than 90 convictions. for example, the division secured a guilty verdict against the man who killed 11 people and critically wounded seven others at the tree of life synagogue in pittsburgh. the division also secured a conviction of the man who killed 23 and when to 22 more

at a walmart in el paso, texas. victims targeted because of their hispanic identity. and we secured convictions of the three men responsible for the racially motivated killing of a marne armory and georgia. hate crimes are message crimes. they normally target their direct victims but also instill fear in the victims' community. but our prosecutions send a larger and more powerful message that hate crimes will not be tolerated in our democracy, that perpetrators will be punished and held accountable, and that the communities targeted will be safeguarded by the federal government. as i close, i want to recognize the hundreds of dedicated public servants in the civil rights division who carry out this critical work. their commitment inspires me each day and i am honored to represent them here today.

thank you, and i look forward to your questions. >> thank you, ms. clarke. we will now proceed under the five-minute role with questions. the chair will recognize myself for five minutes. ms. clarke, in a june 2020 op- ed you wrote, quote, i advocate for defending policing operations that have made african-americans were vulnerable to police violence and contributed to mash incarcerations that address critical community needs. since that time in the summer 2020, there have been significant drops in recruiting police nationwide, significant evidence of morale dropping for our police officers in communities across the country. the simple statement, do you stand behind that statement in the op-ed that you wrote in the summer of 2020 advocating, quote, for defending policing operations.?

microphone, ma'am. >> the justice department fully supports funding and supporting our law >>enforcement. >> my question was different than that. you penned it and are the head of the civil rights division and you penned the op-ed in the summer of 2020 in the midst of significant unrest around the country were our law enforcement community was dealing with significant attacks on them and you wrote i advocate for defending policing operations. do you stand by that statement? >> i have not advocated for defending law enforcement at the justice department we allocate millions of dollars by way of our office of justice program, cops office, islands of violence against women. >> ma'am? the time to answer on the question is this simple. you wrote that statement. do you stand behind that statement are due repudiate that statement? >> i have not advocated for defending law enforcement,

chairman, and i appreciate the difficult jobs that are law enforcement officers do each day to keep us safe and it is important they have the resources to carry out their job. >> well, importantly, black americans make up 36% of violent crimes but only 14% of the population. do you think that defunding the police as you wrote in the op- ed in 2020 makes african- americans, black communities, more vulnerable to violence? >> i support ensuring that law enforcement have the resources and support needed to carry out their jobs' public safety. it is a priority for all of us. >> i would note that the city of austin and the travis county d.a.s office sent you a joint letter just yesterday or maybe the day before announcing that 17 of 21 austin police department officers indicted for allegedly successive force operations were claire. that 17 law-enforcement officers who were indicted by the local d.a. were suddenly clear but they sent a record the same date

requesting that the doj civil rights division investigate the austin police department despite the fact it had been a model for the department of justice and how to engage in the use of force. my question for you is will you investigate the district attorney for having indicted 17 police officers and then suddenly walking away for a political safe phasing rather than investigating the police department? >> i am not aware of that correspondence. i am happy to look into this matter. >> well, i look for to working with your office to do that. it is extraordinary concerning. you mentioned the doj has prosecuted f.a.c.e. act violations involving both abortion providers and pregnancy resource centers. can you tell us how many f.a.c.e. act cases have been filed since it was enacted in 1994? >> so the freedom of access to clinic entrances act is an

important law. we apply it evenhandedly. i don't have statistics on the number of cases since the law's passage. >> the data i have says it has been brought 130 times since 1994. my question is how many f.a.c.e. act cases have been filed in the case of pro-abortion activists versus pro-life americans or churches that have been attacked? and i wonder if you know the data on those. >> i believe in outreach and have been aggressively conducting outreach to all groups so that the public understands that the f.a.c.e. act applies to both pro-choice and pro-life groups. chairman, we recently had january indictments against two florida residents for spray painting threats on pregnancy resources. >> i certainly appreciate that you wanted that.

but the numbers i have are that out of 137 uses of the f.a.c.e. act since 1984, 126 were for pro-abortion activists and abortion providers and four have been for pro-life americans and/or churches. i think that was since january. i will let you respond to that and then i will be out of my time. >> while i cannot speak to what happened in prior administration's, what i can assure you that the division is committed to full and evenhanded enforcement of this important federal law. >> thank you, ms. clarke. >> mr. cohen? >> thank you for coming to this committee and for your work and dedication to seeing that the constitution is probably protected and the people are given the rights that are extended there from. can you tell me some of the things you have done and the justice department has done to

improve city 's capacity to fight crime which is a serious issue in this country today, and particularly in my city of memphis, tennessee. >> s. thank you for the question, congressman. public safety is an important priority for the attorney general. my colleagues in the criminal division, a sister component recently launched an initiative in your city of memphis to deal with violent crimes. while i cannot speak to that initiative, what i can assure you is that this justice department is committed to partnering and working with jurisdictions and officials to ensure public safety. >> and that is a national program that started in the east and will go to other cities as well. >> that is correct. >> i appreciate that memphis being in a red state your coming in helping us with this great problem. civil rights enforcement and

the americans with disabilities are some of my major issues. what exactly is the department of justice doing to enforce thea voting rights act? i know we have seen some actions in alabama and louisiana, and maybe some of the other southern states. what have they done their own disability rights as well? >> so, congressman, i started off my career at the justice department as a voting rights lawyer and what i can assure you is that the voting rights division ensures that we are using the voting rights act, national voter registration act, help america vote act, the uniformed and overseas citizens absentee voting act to make sure that every eligible american is employed in our democracy. we are filing lawsuits. we are filing statements of interest and third-party lawsuits to help guide the courts inappropriate interpretation and application of the law. we are issuing guidance documents and more. but we are without one of our most powerful tools, given the suspension of section 5

preclearance division following the shelby county alabama versus holder rolling. >> and on disabilities? >> enforcement of the a.d.a. is a hallmark of our work in the civil rights division. every day, we are working to ensure people with disabilities have access to jobs, housing, and we are also very mindful of the barriers that people face when it comes to web access. and, again, when it comes to litigation, through guidance, through technical assistance, and providing service to the public by way of a.d.a.gov and more, we are fighting to stand up for people with disabilities across our country. >> that is so important to give everyone the opportunity to have a full life. and the justice department is great. so section 5 and the supreme court.

section 2 has been used as well. it is used and well even though sometimes it is late and takes time. now, there is an argument in the eighth circuit and they ruled that only the government can bring a case under section 2 of the voting rights act. have most of the cases that have been brought under section 2 been brought by individuals or by the government? and if it does come out that that is upheld by the supreme court and proper interpretation, what will that do to the voting rights enforcement at your division? >> yeah. while the justice department takes seriously its obligations to enforce section 2, no doubt private parties, organizations that play a central role, supreme court presidents, legislative history, and decades of work in the courts has long made clear that private groups enjoy a private

right of action under section 2 of the voting rights act. we weigh in in this case in the eighth circuit and continue to watch very closely what is playing out here. >> most of the cases brought under section 2, had they been brought by the government or by private institutions? >> raw numbers probably show the sum total of work by private groups has been larger. >> private attorney generals? >> that is shey. nonpartisan organizations have absolutely played a critical role alongside the government to ensure every american has a voice in our democracy. >> thank you very much. while i know your shoes are very much more difficult to walk in the john lewis, i know you are walking in john lewis' shoes. i yelled back the balance of my time. >> mr. cohen now recognizes the gentleman from california. >> i am sure you have surmised the concern of many of us here involve the unequal application of the laws based on the

political or ethnic identity of those involved. the chair has cited many examples involving everything from acts of violence against pro-life clinics to anti- semitic hate crimes for example. the law is only respected if it is applied evenly. so what can you tell us to address these concerns? >> thank you, congressman. i believe full heartedly that the division, the entire department, is committed to evenhanded enforcement of the law. we follow the facts and apply the law. when it comes to hate crimes, anti-semitic violence, and standing up to anti-semitic hate crimes is a priority. >> what you say and what you do seem to be very different things. for example, how many prosecutions has your prosecution initiated against antiabortion groups such

antiabortion clinics as opposed to the other way around? the chairman cited 126 prosecutions against pro-life groups. and only four against pro- abortion groups under the f.a.c.e. act at th em? >> are these numbers correct? >> well, i cannot speak to prior administrations. what i can tell you that this year alone we have had indictments in january and march. >> well, how many prosecutions during your tenure have been initiated against pro-life groups and how many against pro- abortion groups? >> while i provided two examples -- >> i am looking at the entire totality of what you're doing. what are the actual numbers in totality? >> well, those are two sets of indictments. >> let me go on. how many prosecutions has your division initiated against hate crimes directed against the jewish community as opposed to the directed, say, at that muslim amenity? christopher testified that

religion-based hate crimes comprised 60% of all such crimes, despite there only being 2.4% of the american population. so i guess my question would be our 60% of your hate based crimes against jewish americans? >> our tree of life prosecution -- >> i am looking at the totality. i'm not interested in you cherry picking one case that you have pursued. i want to know what is the total amount? have 60% of your prosecutions been directed at religious- based hate crimes directed at jewish americans? >> i can provide countless examples. >> i am not looking for examples. i want the total number? what number of your prosecutions have been against hate crimes directed against jewish americans? >> i don't have the precise number. but countless examples -- >> well, the precise number will tell us whether you are

being candid in the relationship between what you say and what you do. another concern is that the civil rights division received applicants based on their race. and the e students for their admissions case, you called this a dog whistle that could invite a lot of chaos and unnecessarily great history across college universities who for the government may come down on them for their efforts to maintain diversity on their campuses. will, once the supreme court spoke clearly on this issue, your division released an advisory to universities telling them how to violate the law by, quote, linking students application to their race. is the initiation bound to obey the law or is it not? >> yes, congressman. >> how do you explain that memo? >> we follow and abide by the

rulings of the united state supreme court. >> but you don't. your memo speaks to that. do at least see how such a memo can be viewed as open defiance to the authority of the supreme court and rule of law? >> we comply with the mandate of the supreme court, congressman. >> but you are not. finally, how do you see the separation of jurisdictions between local law enforcement agencies and federal law enforcement? in what cases do you think that federal law enforcement should defer to local agencies? >> well, we collaborate and work closely with state and local. the killing of jim on arbor he is one example. the state of georgia did not have it on the books at the time that he was kill. our federal hate crime prosecution here was here. but every day we were to coordinate -- >> how often do defer? >> we have limited resources

and rely on local and state governments to do their part in law enforcement. >> we recognize the gentleman from texas. >> thank you, mr. chairman. assistant attorney general clarke, thank you so much for being here today , your testimony, and your service to our country. i went to especially recognize the civil rights division for the incredible work that you all did. prosecuting the self-proclaimed white nationalist who drove to my community in august 2019 to massacre latinos and anyone who looked like an immigrant for his confession. it was a very challenging trial for the community to live the trauma of that horrific event, but i am very grateful to the department for the work that

you wanted to ensure that my community received justice and all the victims and families received justice. so i want to thank you for that. so i have raised the issue before about my state. the state of texas and governor greg abbott and the way that he is engaging specifically in border communities like my own. and operation lone star is -- it has been a project of governor abbott's that has essentially created some chaos and border communities like my own. high-speed chases by dps that result in fatalities in significant property damage. but there are other violations as well. racial profiling. unlawful detention of migrants without charges being filed. and i could go on and on with the impacts that operation lone star has had in texas.

ms. clarke, will you commit to review of whether federal funding sources are being used to support operation lone star, and whether such support violates the civil rights act? >> thank you, congresswoman. we continue to monitor operation lone star. and, yes, we can commit to doing that. >> wonderful. thank you. we have -- there is a growing group of legislators, policymakers, not just in texas but outside of texas sounding the alarms. so i really appreciate that. if advocates, members of the public, or migrants himself perceive a federal civil rights violation inflicted by a texas public official under operation lone star or otherwise, to whom at the department of justice should they report this to? >> we encourage the public to bring forward complaints about

law enforcement misconduct to the fbi. the civil rights division works closely with the fbi to investigate allegations of misconduct. >> thank you, so much. i also want to sound the alarm about a new bill that was passed by the texas state legislator, sb 4. and sb 4 is essentially texas' effort to a serpent federal sb4, a immigration lot with s the immigration state law. i believe, and many state advocates believe, this will increase the racial profiling that is happening in texas. and that it is unconstitutional. are you aware of sb 4 in texas? >> very generally, and i'm happy to take a closer look,

congresswoman. >> thank you. i think it is going to be very important. i am not sure if the government has signed it yet. we have urged the governor not to sign it. it is pretty blazingly unconstitutional, but if he does sign it, if there is such -- maybe not referring to the slot in particular, but if there were such a law that usurped federal immigration law, what could we expect from the department? >> when we identify violations of the law, we prosecute. just by way of example, congresswoman, earlier this year we indicted a member of the border patrol for engaging in misconduct. so we take seriously these allegations and where the law authorizes, we will prosecute. >> in terms of a state though, if a state legislature and a governor pass and sign a law that is blatantly

unconstitutional, what with the department do? >> if appropriate, we could file a suit challenging the constitutionality of the law. but, here, we would have to look more closely and carefully. >> okay. i welcome that review and that scrutiny. thank you so much, mr. chairman. i yield back. >> we now recognize the gentleman from north carolina, mr. bishop. >> ms. clarke, in the biden versus -- excuse me. -- in the missouri versus biden case, if the allegations related to the plaintiff's are true, this ardently involves the most massive attack on free speech in united states history.". the court went on to find that the plaintiffs were reasonably likely to receive preliminary injection. the circuit has affirmed and the spring court has taken it. this is all civil litigation.

is any prosecution responsible for the activity and the fbi and at the white house and their co-conspirators underway and the civil rights position? >> congressman, i am not familiar with this litigation but happy to bring your question back. >> thank you. let me just make you understand that. you are not aware of the missouri versus biden litigation that is currently being taken up by the united states supreme court? is that correct? >> unfortunately, i am not, congressman. >> well, assuming not -- assuming that you are not aware of that, what reason would there be that the civil rights division of the justice department's leader is unaware of what a united states district court has described as the most massive attack on free speech in united states history.

>> you could share more of the fact that can be helpful, congressman. >> otherwise, you just don't know. >> that is correct. this does not appear to be a case that i am familiar with. >> enough. i will yield my amount of time to the chairman. >> so i find that to be astounding. i do want to follow up with the gentleman from california with respect to the f.a.c.e. act. ms. clarke, you dismissed saying, well, -- >> it is my time. i may ask to send it to the gentleman from ohio after you. >> i just want to point out there have been at least 35 cases of the f.a.c.e. act being applied to pro-life groups and/or churches.

you know? pro-life people that are even antiabortion. you're not even counting 2021. 2022-23 versus the four that you point you in january. so to the point of the gentleman from california, i would ask you have a request that was responded to from a left leaning group, the center for investigative reporting. we have been asking for a copy about the prosecution levels and the numbers from your office for a long time. i think for almost a year. we have not been responded to. will you commit to sharing that request and all of the f.a.c.e. act data under your watch specifically? >> i can absolutely bring those backs to the officials and ensure that you receive a timely response. please note that the division is committed to evenhanded enforcement of -- >> even under your watch, it is at least 35 to 1 or 2. that is not evenhanded. that is far from evenhanded.

and this was a person's home. this was acquitted by the jury. heavy apologized on behalf of the department of justice for that grave violation of his civil rights? then he is acquitted by a federal jury? have you apologized to him? >> well, we follow the facts and apply the law. that is our job. and we welcome opportunities to engage with other pro-life group that may be experiencing threats. >> the answer to that is no. i yield to the gentleman from ohio. >> i think the gentleman for yielding. i think -- i think every member just watching are astounded that you, the assistant attorney general for the division of civil rights at the justice department is not aware of a huge case mystery -- missouri the biden where they are guilty of violating the first amendment liberties of americans dhs, even the white

house itself, and you are not familiar with that. it is truly -- frankly, i think that is why the gentleman had time to yell back. it is in front of the supreme court and the head of the civil rights division does not know. that is scary. at that is not in and of itself show that this department is political and doing things for political reasons, i do not know what does. i yield back and i appreciate the gentleman's questions. >> the lady from vermont is now recognized. >> thank you, mr. chair. assistant attorney general clarke, thank you so much for being here. i want to start by thanking the justice department for its work for the massacre of the tree of life synagogue in pittsburgh on october 27th, 2018. as you know, this heinous act of anti-semitism took the lives of 11 jewish americans, and i just want to thank the doj for

all of its work there. and it is clear that anti- semitism and islamophobia is tragically on the rise. around the globe and here in our own country. and my home state of her home sf vermont is not immune. in burlington over thanksgiving, three palestinian americans were shot as they simply walked down the street. they spoke a mix of arabic and english, and two were the traditional. and while an investigation will determine whether this horrible crime will meet the legal definition of a hate crime, we know -- and i say we, all vermonters -- know that this was a hate act. now, this act of violence as part of a disturbing and frightening trend. and all of us need to remember that we have a part to play in

standing with and speaking out against -- against violence against our muslim neighbors. and recently attorney general garland stated that the fbi and atf are investigating the incident, including whether the attack constituted a hate crime. now, i know you cannot discuss specifics of the works, but i wonder if you can please let us know that the civil rights division work as it relates to the investigation of hate crimes -- i think vermonters would love to know. >> right. the justice department coming in particular the fbi and atf, are currently working with local and state law enforcement and looking into this very, very tragic matter. we have been incredibly vigilant since the october 7th tragedy that has unfolded in israel and in the middle east. anti-semitic violence, islam of

public violence, and the targeting of communities perceived to be jewish or muslim has no place in our society. we will take seriously investigations of threats of violence, acts of violence, and prosecute where appropriate. >> so have you seen an increase in actual or potential anti- semitic or islamophobic incidents since october 7th? >> we have engaged with many organizations, jewish organizations, muslim organizations, all of whom are reporting that they themselves are seeing an uptick. we rely on the fbi data which comes out annually. but everything that we are hearing makes clear that this is a moment that requires vigilance on the part of the federal government so that is what we are doing. >> and a follow-up.

what steps specifically is the civil rights division doing to keep jewish americans and arab americans, muslim americans, safe in their communities? i know there is just going anxiety and fear about basic safety and security. i wonder if you can just give us a few more details about what the department can do. and what it is doing. >> we are using the tools that congress gave us. laws like the matthew james hate crime act to hold perpetrators accountable. we realized we cannot prosecute our way out of the crisis, so we have also instituted programs like united against hate where every single attorney's office in the state, all 94 khem have instituted programs bringing together local, state, law enforcement, community groups, and faith leaders to investigate hate incidents and hate crimes. we are also engaged in training

of prosecutors and training of law enforcement, and then there is the grant-making that happens as well. this is a all hands on deck moment at the justice department to confront the hate crisis took. this is for all communities targeted by hate. >> last question. i know i don't have a lot of time. what measures are being taken to address discriminatory practices in gender-affirming care? >> we come out too, are being very vigilant. we have seen a number of states that have sought bands and are very wary of the fact that justice gorgeous himself as noted nds on deck moment. we stand for and beh in the rolling that this commission against transgender people is discrimination based on sex, and we have issued statements of interest challenging some of the state laws that we have seen

restricting access to care for transgender youth. >> i appreciate that. thank you very much. i yield back. >> we now recognize the committee chairman mr. jordan. >> ms. clarke, are you sure you did not know anything about misery versus biting? you don't know anything about that case? >> thank you for the opportunity to clarify. this is a case being handled by our civil division. >> have you read the opinion? >> the justice department is compliant. >> not that. did you read the opinion either from the western district of louisiana with the fifth circuit? >> i cleaned out the ruling but it is not a civil rights division case. >> which is it? first of all when mr. bishop asked, you said you do not know one darn thing about it. >> i appreciate the opportunity to clarify. the civil division is handling this case and the department is compliant with the court. >> first of all, civil rights are very fundamental rights.

that is not something you think that the civil rights division to be involved with? >> absolutely. it is a bedrock principle of our democracy. >> let me go a little different route that. do politics dry the decisions of the justice department today? >> politics have no right in the work of the -- >> three months ago, the new mexico governor announced a 30- day ban on citizens right to carry a concealed firearm in albuquerque and that county that albuquerque sits in. what did the justice department do when the governor did that on constitutional order? what did the doj do in response to that unconstitutional action from the governor of new mexico? >> i am generally aware of the matter that you are referring to, that gun control is not a core issue that we handle. >> second amendment, fundamental right like the first amendment?

isn't it? >> these are very important issues to the department. >> to me what the justice department did win the governor impose this unconstitutional band. >> i'm glad to give it back to my colleague. >> you don't know what that one either? >> you don't know about majorie v. biden. here is what the county sheriff said. he held a press conference think this thing was unconstitutional, unenforceable, and incapable of stopping and curbing gun violence. the new mexico attorney general, who is a democrat, said this not have any impact on public safety and does not pass constitutional muster. violence. the attorney general, a democrat, said this will not have an impact on public safety. with a democrat and the attorney general of new mexico says that, and you don't do it doing thing. is that what you are telling me? >> politics have no place in the justice department.

>> are you aware of anything that the justice department did ? >> not in the civil rights the department. ng expected the justice department to anything? >> we enforced the laws that congress gave us. >> in this case, did the justice department do anything? >> i will have to -- >> i will give you the answer. they did not do a darn thing which gets back to the point mr. mcclintock was making earlier. it shows how political you are because when a pro-life bill was passed by texas, on gi september 1, 2021, eight days later, the department of justice announces an investigation into that. that is a bill that passed the state house and senate and was signed by the governor and you are contesting that eight days later but you have something in new mexico, which is an direct assault on the first amendment.

the governor, the department of justice does nothing. >> the civil rights division is deeply committed to the laws that is body gave us a committed to standing up for the civil rights of all americans. >> you can say it but based on some of your other answers, not knowing about missouri versus biden and not knowing what was done relative to the unconstitutional order by the governor regarding new mexico citizens and residents, americans. their second amendment rights. this is why we are so darn concerned. i appreciate the chairman having this session. i yield my remaining time. >> you answered the previous question saying that if a governor did something -- and we are talking texas. they did not like the texas

law. that it said that you guys, the civil rights division, we can file a lawsuit. a lawsuit was filed in the case that the chairman was talking about but you did not participate in that. do you disregard second amendment rights? is that not important? and if a governor violates those rights directly, is that not important for the civil rights department to get involved? >> i understand that the new mexico order was enjoined within two days of entry but control is not an area that the civil rights division has worked much around and it is -- the second amendment right is no an important part of the constitution. >> just a quick follow-up. are you saying that civil rights division will not protect second amendment rights? >> we enforced the laws that congress gave us and weighing

in on the second amendment and the gun control issues across any administration has never been a core aspect of the division work. >> your time has expired. i will recognize miss bush. >> thank you. n we are here today to continue our efforts to hold our government to ideals including equal justice under law. assistant attorney general clarke, thank you for being here. and thank you for your career of service and your work for civil rights for everyone. i was excited to see your nomination and confirmation to this role and i believe you are doing your best to advance the call for justice in the government. as an activist to congress, i want to say thank you for your work.

as i have said before many times, including two attorney general garland, i think that the department can do more to advance civil rights and the rule of law. these problems are systemwide and they predate your time at justice. i want to ask assistant attorney general clark. you handle cases involving federal rights. correct? >> correct. >> i strongly believe the actions of florida law enforcement regarding the killing of a protester and the suppression of opposition to the public safety center or copper city are obvious -- and the violation of federal rights and i urge the civil rights division to open an investigation. what is happening anywhere in

the country, we need the doj to do your part in preventing that from happening. another issue i want to follow up on is the enforcement of title vi and the antidiscrimination -- of the safe streets act. it makes clear that the department has an obligation to ensure that those that have funding do not engage in discrimination and that includes ferguson, missouri. as detailed by the pattern and practice investigation into the killing of michael brown, i was happy to see the enforcement of -- but i have yet to see any meaningful progress by the department in implementing any of them so, do you have any updates for the committee about the department implementation of these commitments? >> if i could flag one area

congresswoman, it would be environmental justice where we have made us historic accomplishments in using title vi to stand up for communities that are beleaguered by environmental justice problems. these are places where we have for the first time use title vi to address issues that impact black and latino communities when it comes to justice. >> thank you for that. one final issue i want to raise is conditions at local prisons and jails. i have been demanding answers about the horrific conditions in the jail in my district where another incarcerated person has died this weekend. conditions and jails in south carolina and elsewhere and i would like to speak with you more about this issue. we must not forget the humanity

of people that are incarcerated. in my closing, let me just say, we know we cannot prosecute our way to justice but the civil rights division is the crown jewel of the department and for good reason. i know that there are people in the division that want to use the law to stop discrimination. instead of enabling it. to stop police brutality and dissent instead of enabling it. to stop the relentless attack on lgbtq communities instead of enabling. a that is the work of the civil rights division and that is he what you have done and i know you will continue to do that despite efforts to make discrimination the law of the land. we will not let those efforts succeed. and, assistant attorney general clarke, thank you for being here and for the work that you do. in support of equality and justice for all . i am your ally in this work and i look forward to partnering with you in our shared priorities.

in my final few seconds, i la think i have a little bit more time, if there is anything else that you would like to speak to or clear up, you may do that. >> people do not abandon their civil and constitutional rights at the jailhouse door and i am glad that you brought up jail conditions and the enforcement of -- to act it is an important priority. we are investigating prison conditions in georgia. texas. where we are looking at juvenile detention facilities. new jersey and more. such an important area for this civil rights division. >> thank you and i yield back. >> thank you, miss bush. mr. fry. >> i just have one question.

i yield my time that. is >> with respect to jails and how people are treated, have you done any investigation into how those that were charged with crimes related to january 6 have been treated in the jails in washington dc? t >> yes, chairman, there is one matter that was referred to us by a judge in the district court and we did respond to that. >>, have you conducted an investigation into the treatment in those facilities? can you provide a report? >> we have investigations open across the country but we do not have one in columbia. >> i yield back to mr. fry. >> i yield to the gentleman from arizona, mr. biggs. >> i want continue the conversation about new mexico. regarding the f.a.c.e.

act of the prosecution disparity that almost looks like it is 16-1, pro-life people are prosecuted, 16 times 21. -- two 1. that have been over 100 attacks on pro-life senators -- centers. that makes the numbers even more dispirited and creates a perception of bias. i want to go back to some of the things that you said. you said in your opening that we protect the civil rights of every american and your job is to enforce the constitution. evenhanded enforcement in applying the law are things that you said and then, again, in the texas question that you were given, because the representative on the other side was upset because the

legislature and the governor enacted a law that she felt was unconstitutional with regard to immigration law. she said what can you do? and you said we could file suit. he said we could file suit and the reason that i bring that up is because, when i asked you and when the chairman was asking you about did you file a statement of interest vis-@-vis the governor of new mexico abridgment of the second amendment rights, of new mexicans, by saying in -- that you cannot carry a handgun outside of your home, you said, we enforce the laws that congress passes and index. i wanted to ask you then, after i heard that, and we ran out of time, if the texas law is dealing with the immigration

border security issues, you said we could file a lawsuit. it has congress enacted a law that would allow you to investigate border security issues? >> no. congressman, congress has not given the civil rights division clear authority or direction to file civil suits regarding the possession of firearms. >> no. no. you told us that you could file a lawsuit vis-@-vis a state trying to enforce its border because they are being overrun. are you telling me you find some statutory authority for that? >> only if there is a violation of a federal law that congress has put on the books that the division is tasked with enforcing. that would be a critical qualifier. >> in this instance, what you are telling me is, when the second amendment is directly

being violated in such a way that there was an injunction almost immediately put in place because a private action was brought ifin you never weighed . not just your division but nobody from doj weighed in. you said you could not go forward with that and i find that astonishing, quite frankly. i am now going to submit before i run out of time, for the record, document an article, a prosecutor says where and it to discloses the individual shot at the police four times before fire was returned. >> without objection . >> i yield back. is >> thank you to the gentleman from arizona and i know yield to the gentle lady from pennsylvania. >> thank you, mr. acting chair.

madame assistant attorney general clarke. he you receive questions about conditions in the dc jail which we have heard increasingly from colleagues on the right. since january 6. isn't it true that the dc jail had deplorable conditions for decades before january 2021? >> i cannot speak to formal findings but what i can say, with more resources we could certainly do more. we want jails and prisons that comply with the constitution and comply with the mandate of the civil rights of institutionalized persons act. >> i would just ask unanimous consent to enter it time magazine article from january 2022 entitled the crisis at the dc jail began decades before defendants started raising concerns. >> without objection. >> thank you. i have recently worked with --

and it was priority a minority population and the concerns have been raised for quite some time. in the wake of the 2020 election we have seen a surge in lawsuits and other actions to challenge election effort without fraud or misconduct but they seem to have been fueled by the lies of the former president and other election deniers. these election challenges are not without cost. the undermine confidence in the election without grounds and they have cost taxpayers millions of dollars in overtime, fees, etc. we have seen an increase in threats and attacks against elected officials on this is particularly true in pennsylvania, the state where i live and represent and it is a perennial battleground state so the counties that i represent have been subjected to dozens

of groundless election challenges in years including following our recent municipal election. what can the department of justice do to address these attacks on election systems and what can be provided with respect to audits, etc.? >> there has been an election threat task force launch that includes representation across the department including from our criminal division. l threats of violence and acts of violence have no place in political discourse and that task force is open to hear from people who want to bring forth meritorious complaints. >> thank you. we have had some conversation today about how the department of justice is helping our cities fight crime and provide lawful policing. i am grateful for the cops

grants that have recently been received. can you talk about some of the things that your department is it doing to help communities implement 21st century policing practices in a way that keeps everyone safe? >> thank you for the question. we work on a range of issues and we work cooperatively with law enforcement to make sure they can provide language access to the communities that are limited english speakers. we take seriously our responsibility to address misconduct when it arises. there has been a number of cases opened in cities such as memphis, louisville, the louisiana state police, phoenix, and more. these represent an infant is mall number of the law enforcement agencies across thes country that are -- but are important investigations

because we want public safety and we want policing that is bias free. that comports with the standards of the constitution. i engage with organizations such as the international association of chiefs of police and believe that training and grantmaking are also important ways in which the department is working to support law enforcement. >> i know that is true from my conversations with many smaller police departments that are e seeking funding and resources to help them gain accreditation so that their officers are well trained and able to handle whatever is thrown at them. we have, there had just been a couple of things that i want to correct for the record that have been mischaracterization of statistics and one is suggesting that a disproportionate number of these pattern and ngpractice investigations started under your leadership.

of course, that is in contrast to the fact that the prior administration had eliminated the use of pattern and practice consent decrees. also, there has been an attempt to contrast the number of f.a.c.e. act prosecutions that have occurred since the f.a.c.e. act was passed in 1994. it is important to know it was passed in response to murders and physical attacks on abortion care providers. that was the genesis of the act so it is not surprising there have been more prosecutions. that have taken place with respect to pete will physically attacking and murdering abortion care providers. i commend the fact that you are the evenhandedly applying that when anyone who, for whatever reason, provide -- or takes action against someone who is providing reproductive health care. thank you. i yield back. >> thank you. we recognize mr. kyle.

>> to the chair of the judiciary committee. >> thank you for yielding. miss clarke , who is a vet and all? >> that is not uca name i am familiar with. >> she is an 87-year-old pro- life advocate. she survived a communist concentration camp in yugoslavia after world war two and you have charged that under the f.a.c.e. act . for praying and singing in front of an abortion clinic. is that best use of the justice department time and energy? >> as noted, the f.a.c.e. act is a law that his body passed in response to efforts to obstruct access to reproductive health clinics, threats of violence, acts of

violence. we follow the facts and apply the law without fear or favor, chairman. >> really? i think we have heard a lot of that today about how if you are pro-life, you get the full dy treatment. just ask ava, a concentration camp survivor but if you are on the other side, after the dobbs decision, it is a different issue despite the fact that you apply that across the board. how about your decision to file a lawsuit against space x. can you tell me about that? >> yes, chairman. >> let me ask this first. did the purchase of twitter by elon musk have anything to do with your decision to file that against space x? >> the investigation into space that was open under the last administration and we filed an

administrative action under the immigration and nationality act, an important law passed by this body with bipartisan support and signed into law by president regan. >> what do you allege that space x did wrong? >> in this case we alleged that the company is not compliant with the antidiscrimination -- of the immigration and nationality act. >> described that. >> here they are discriminating against people who have received refugee and asylum status by the federal courts. >> they are discriminating against refugees and asylum seekers? is that right? >> no, chairman. against people who have received refugee and asylum status by our federal courts and enjoy equal standing under federal law to u.s. citizens and naturalized citizens.

the law requires equal treatment of these individuals. >> you are saying that space x did not hire enough refugees or people who have been granted asylum? is that what you are asserting in the lawsuit? >> and that they discourage those people from applying for any job. whether it is a custodial position, office clerk, someone who works in a kitchen facility, all the way up through engineering. >> so you are suing space x because they hired too many americans? too many citizens? not enough people who were refugees or people that have been granted asylum? and you waited to -- this investigation started three years ago. and yes, you bring the lawsuit after mr. elon musk purchased twitter. >> we apply the laws that this body gave us without fear or favor.

>> mr. muhs, his assertion is that they are dealing with national security type information at space x and that is why, and he posted this before you brought the lawsuit, that is why they focus on hiring people that have a green card or who are american citizens. you say this is something -- we need to go after space x because they are not hiring enough noncitizens. instead we need to go after ava eddle , an 87-year-old concentration camp survivor. le that is with the biden administration needs to do, but we do not know anything about missouri versus biden. you can't exercise your second amendment rights contrary to what the civil court has said. you tried to tell us today that the civil rights department and justice department is not political? i find it laughable that you are making that argument

because anyone with any common sense and objectivity can see that you are definitely political. i yield back. >> thank you. >> thank you to the judiciary committee. i would like to ask to insert into the record a us letter from a mr. paul teller, the director of advancing american freedom, that is noting the significant spike in anti-semitic vandalism, harassment, violence across the united states and asking the department of justice, the department of education have expansive jurisdiction over the civil rights division over these matters to ensure that they are following up on that for numerous groups across the country. i know recognize the gentle lady from wyoming. >> thank you. assistance attorney general clarke, on october some -- october 12 there was a joint

statement issued under the equal opportunity act. i sent you a letter on this act on november 6 but have yet to receive a response. as you know the civil rights division and forces the equal credit opportunity act and you are quoted that warns banks not to use immigration status, including whether an individual is lawfully present in the country to determine the ability to take out a loan. the joint statement admits that equal credit opportunity act does not prohibit consideration of immigration status. this appears to be an attempt to dissuade our financial institutions from considering all legally permitted factors to ascertain a creditor rights regarding payment that could cause severe damage to our financial institutions. it seems to me that your divisiont are attempting to go beyond congress under using implied threats to further this administration failed immigration policies, which are only making the situation up

the southern border worse. miss clarke, what authority do you have to instruct on this matter? especially considering your statement admits that ecoa does not consider immigration status? >> thank you, congresswoman. as noted in the letter that we issued with the consumer financial protection bureau, the law contemplates that a persons immigration status often in conjunction with other factors could be relevant to determining repayment prospects. >> if considering immigration status is considered by the law, what was the purpose of issuing this joint statement? >> to clarify what the law that congress gave us requires. it is seeking clarity. >> is at the position of the administration that financial institutions are required to loan money to illegal aliens? >> no. >> when can i expect a response

to my letter? >> i will consult with my office of legislative affairs to assure you receive a response. >> including to the questions that i have asked? >> yes. we will work with the office of legislative affairs to respond. >> have you been contacted by any financial institutions about this statement? >> no congresswoman. >> have you taken steps to ensure that these financial institutions are aware of what the law says? >> yes. this is a document intended to apply clarity. there institutions that have soughtht clarity and one to ensure that they are following the law and not running afoul of the law. >> have you taken actions against financial institutions for turning down illegal aliens for loans? >> no. >> what additional action have you taken? >> our partners at cf pb recently took action. is back in what way?

>> for what purpose? >> based on national origin and violation of the law? >> is that a pending case right now? >> it is a recent resolution secured by cfpd at the civil rights division we are dedicated to ensuring that banks do not redline or engaged in conduct -- >> but you are not trying to -- that factor into consideration to determine who may be entitled to a loan. is that correct? >> we want a healthy banking --. but you are not going to do that ? >> no. >> thank you to the gentle lady from wyoming. miss clarke , when you were a private citizen, not in your position, in 2020 there was a protest in front of the texas state capitol building. i have a video and it was right under my old office in front of

the texas capitol building. it there were americans and texans chanting, "fire fow cheap." -- "fire fow cheap!" there is a tweet, saying that they should be denied insurance. i asked you to repudiate the statement about defunding police and you neither repudiated or stood by it. you went around it. my question to you as the head of the civil rights division, the civil liberties of americans, you said these people should be public identified -- at any public hospital if they fall ill and are denied coverage for ol yelling, "fire fauci !"

>> i believe that every american should have access to u medical care. i believe this was during the heat of the pandemic but, l chair, a sit before you with a commitment to ensure that all americans are treated fairly and equally under the law. >> i will take that as a no to standing by that statement. similarly to the statement earlier in the hearing. with that, that concludes today's hearing. we thank you for appearing before the committee. without objection, you can submit additional materials for the record her statements within five days. this hearing is adjourned. heah that, that concludes today'sheah hearing. we think you -- we tahnk you,

ms. clark. with that statement, this meeting is adjourned. [gavel] [captions copyright national cable satellite corp. 2023] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] [indistinct chatter]

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