Richard Blumenthal

I think sentencings are particularly difficult because it involves somebody's liberty interest.

And I do not know how it works in your district, but I know in Connecticut magistrate judges write opinions, they take pleas, they hear motions, pretty much-- well, a great deal of the duties that a district court judge does.

Secretary Kendall, you stated that DOD requires a provision in its contracts that specifically prohibits human trafficking by Federal contractors.

It is my understanding that upon receipt of information that involves trafficking in persons by a contractor, the Under Secretary of AT&L works to ensure that the appropriate contracting officer implements a remedy.

Secretary Kendall, to assess your ongoing efforts to combat human trafficking, please provide the following information concerning human trafficking violations for fiscal year 2011:

Senator McCaskill has been working in this area and has a legislative proposal that begins or more than beginning, but addresses this issue.

I think you've commented generally on it in the past, but does that kind of thought make any sense?

This problem--and you know it much, much better than I--affects not only human rights, but also security on the bases.

That a brochure--and I don't doubt the good intentions and the determination of DOD to address this problem.

I have a number of measures that have been reported out of the Senate Judiciary Committee to address human trafficking by contractors on our military bases in Afghanistan and Iraq not only because it is immoral, but also because it is…

If any companies have been suspended or debarred for human trafficking in particular?

But I would like to thank the witnesses very much for being here. You have been excellent, and this has been very informative, and I really appreciate your work, Mr. Chairman.

In other words, almost all of the clauses are mandatory pre-dispute clauses that are imposed by companies like AT&T or the bank.

The reason is that there are very few instances where consumers are offered any real choice. Isn't that correct?

I appreciate your testimony, and I am grateful that there will be a second round.

But, in fact, in many instances of consumer life, consumers may have no choice, even if there is no gun pointed to their head, which is, again, the phrase you used, but to use a service or buy a good where pre-dispute mandatory arbitration…

Well, isn't the problem really today in the wireless and the cable industry and many industries where there really is effectively no consumer choice?

Would you agree that clauses that are not fairly explained and indeed are concealed or obfuscated requiring arbitration are abusive and should be illegal?

Thank you for your leadership in this area, which I think has been very, very valuable.

If the Attorney General goes into tort law and tries to be a plaintiff's attorney, I do not think that is a good idea.

These can be a scourge on consumers when they are imposed and applied abusively.

Saving them is a profoundly important objective, and it is an objective well served by alternative dispute resolution and even by arbitration in many cases, but not when it is abusively applied and made mandatory.

I think that an audio and visual recording of Supreme Court proceedings would potentially do the same.

I think that openness and transparency improves institutions.

I want to just express my appreciation for his acknowledgement, and I hope also his receptivity to suggestions to do better.