S18 CONGRESSIONAL RECORD — SENATE January 6, 2021 last opportunity to address any chal- The VICE PRESIDENT. Is there ob- evacuation was ordered, leaving rioters lenges. Then the States, as the Con- jection? to stalk these hallowed Halls. Law- stitution directs, would make the final Without objection, it is so ordered. makers and our staffs, average citizens decision on their electors. Mr. MCCONNELL. I want to say to who love their country and serve it I have some colleagues who have said the American people, the United States every day, feared for their lives. I un- that a 10-day commission is not enough Senate will not be intimidated. derstand that one woman was shot and time, so they have counterproposed We will not be kept out of this Cham- tragically lost her life. We mourn her just ignoring the lingering questions. ber by thugs, mobs, or threats. We will and feel for her friends and family. We need to do something. not bow to lawlessness or intimidation. These images were projected to the (Mr. GRASSLEY assumed the Chair.) We are back at our posts. We will dis- world. Foreign Embassies cabled their Mr. LANKFORD. My challenge today charge our duty under the Constitution home capitals to report on the is not about the good people of Ari- and for our Nation, and we are going to harrowing scenes at the very heart of zona. do it tonight. our democracy. This will be a stain on f This afternoon, Congress began the our country not so easily washed RECESS SUBJECT TO THE CALL OF process of honoring the will of the away—the final, terrible, indelible leg- THE CHAIR American people and counting the elec- acy of the 45th President of the United toral college votes. We have fulfilled States and undoubtedly our worst. The PRESIDENT pro tempore. The this solemn duty every 4 years for I want to be very clear. Those who Senate will stand in recess subject to more than two centuries. Whether our performed these reprehensible acts the call of the Chair. Nation has been at war or at peace, cannot be called protestors. No, these Thereupon, the Senate, at 2:13 p.m., under all manner of threats, even dur- were rioters and insurrectionists, recessed subject to the call of the Chair ing an ongoing armed rebellion and the goons and thugs, domestic terrorists. and reassembled at 8:06 p.m. when Civil War, the clockwork of our democ- They do not represent America. These called to order by the Vice President of racy has carried on. were a few thousand violent extremists the United States. The United States and the United who tried to take over the Capitol The VICE PRESIDENT. The Vice States Congress have faced down much Building and attack our democracy. President, as President of the Senate, greater threats than the unhinged They must and should be prosecuted to would like to give a brief statement crowd we saw today. We have never the full extent of the law, hopefully, by with the indulgence of the Senate. Today was a dark day in the history been deterred before, and we will not be this administration; if not, certainly of the United States Capitol, but deterred today. by the next. They should be provided They tried to disrupt our democracy. thanks to the swift efforts of U.S. Cap- no leniency. They failed. They failed. itol Police, Federal, State, and local I want to thank the many in the Cap- This failed attempt to obstruct the law enforcement, the violence was itol Hill Police and Secret Service and Congress, this failed insurrection, only quelled, the Capitol is secured, and the local police who kept us safe today and underscores how crucial the task be- people’s work continues. worked to clear the Capitol and return We condemn the violence that took fore us is for our Republic. it to its rightful owners and its rightful Our Nation was founded precisely so place here in the strongest possible purpose. I want to thank the leaders, that the free choice of the American terms. We grieve the loss of life that Democratic and Republican, House and people is what shapes our self-govern- took place in these hallowed Halls, as Senate. It was Speaker PELOSI, Leader ment and determines the destiny of our well as the injuries suffered by those MCCONNELL, Leader MCCARTHY, and Nation—not fear, not force, but the who defended our Capitol today. And myself who came together and decided peaceful expression of the popular will. we will always be grateful to the men that these thugs would not succeed and We assembled this afternoon to count and women who stayed at their posts that we would finish the work that our our citizens’ votes and to formalize to defend this historic place. Constitution requires us to complete in To those who wreaked havoc in our their choice of the next President. Now the very legislative Chambers of the Capitol today, you did not win. Vio- we are going to finish exactly what we House and Senate that were desecrated lence never wins. Freedom wins. And started. We will complete this process but we know always belong to the peo- this is still the People’s House. the right way, by the book. We will fol- ple and do again tonight. As we reconvene in this Chamber, the low our precedents, our laws, and our But make no mistake—make no mis- world will again witness the resilience Constitution to the letter, and we will take, my friends—today’s events did and strength of our democracy, for certify the winner of the 2020 Presi- not happen spontaneously. The Presi- even in the wake of unprecedented vio- dential election. dent who promoted the conspiracy lence and vandalism at this Capitol, Criminal behavior will never domi- theories that motivated these thugs, the elected representatives of the peo- nate the United States Congress. This the President who exhorted them to ple of the United States have assem- institution is resilient. Our democratic come to our Nation’s Capital egged bled again on the very same day to sup- Republic is strong. The American peo- them on. He hardly ever discourages vi- port and defend the Constitution of the ple deserve nothing less. olence and more often encourages it. United States. The VICE PRESIDENT. The Demo- This President bears a great deal of the May God bless the lost, the injured, cratic leader. blame. and the heroes forged on this day. May Mr. SCHUMER. Mr. President, it is This mob was, in good part, Presi- God bless all who serve here and those very, very difficult to put into words dent Trump’s doing, incited by his who protect this place. And may God what has transpired today. I have words and his lies. This violence, in bless the United States of America. never lived through or even imagined good part, is his responsibility and his Let’s get back to work. an experience like the one we have just everlasting shame. Today’s events cer- (Applause, Senators rising.) witnessed in this Capitol. President tainly—certainly—would not have hap- The VICE PRESIDENT. The majority Franklin Roosevelt set aside December pened without him. leader. 7, 1941, as a day that ‘‘will live in in- Now January 6 will go down as one of f famy.’’ Unfortunately, we can now add the darkest days in recent American January 6, 2021, to that very short list history—a final warning to our Nation UNANIMOUS CONSENT of dates in American history that will about the consequences of a demagogic AGREEMENT live forever in infamy. President, the people who enable him, Mr. MCCONNELL. Mr. President, I This temple to democracy was dese- the captive media that parrot his lies, ask unanimous consent that the major- crated, its windows smashed, and our and the people who follow him as he at- ity leader and the Democratic leader offices vandalized. The world saw tempts to push America to the brink of be allowed to speak and that the time America’s elected officials hurriedly ruin. not count against the 2 hours of debate ushered out because they were in As we reconvene tonight, let us re- in relation to the objection raised on harm’s way. The House and Senate member, in the end, all this mob has the State of Arizona. floor were places of shelter until the really accomplished is to delay our

VerDate Sep 11 2014 01:30 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.012 S06JAPT1 sspencer on DSK126QN23PROD with SENATE January 6, 2021 CONGRESSIONAL RECORD — SENATE S19 work by a few hours. We will resume want to have debate about election se- disputes. All of those things happened our responsibilities now, and we will curity because they want to make sure after the 2020 election. finish our task tonight. The House and it is right, which is why it is an impor- Statehouses and courts across the Senate Chambers will be restored good tant issue that still needs to be re- country took allegations of voter fraud as new and ready for legislating in solved. seriously and followed the constitu- short order. Transparency in government just tional process to hear challenges to The counting of the electoral votes is doesn’t seem like a bad idea. Obvi- this year’s election. No State found our sacred duty. Democracy’s roots in ously, the Commission that we have evidence of any widespread voter fraud this Nation are deep; they are strong; asked for is not going to happen at this and neither did any court ask to review and they will not be undone, ever, by a point, and I understand that. And we the State’s findings. group of thugs. Democracy will tri- are headed tonight toward the certifi- In Arizona, Republican Governor umph, as it has for centuries. cation of Joe Biden to be the President Doug Ducey; the Democratic secretary So to my fellow Americans who were of the United States, and we will work of state, Katie Hobbs; the Republican shocked and appalled by the images on together in this body to be able to set attorney general, Mark Brnovich; and their televisions today and who are a peaceful example in the days ahead. the State supreme court chief justice, worried about the future of this coun- I yield the floor. Robert Brutinel all certified the results try, let me speak to you directly. The The VICE PRESIDENT. The Demo- of the election on November 30. divisions in our country clearly run cratic leader. And we know—we have heard—Arizo- deep, but we are a resilient, forward- Mr. SCHUMER. The Senator from nans have been voting by mail for al- looking, and optimistic people. And we Nevada, Senator CORTEZ MASTO. most 30 years, and Governor Ducey has will begin the hard work of repairing The VICE PRESIDENT. The Senator expressed confidence in the State’s this Nation tonight because here in from Nevada. process numerous times. In November, America we do hard things. In Amer- Ms. CORTEZ MASTO. Mr. Vice Presi- he said: ica, we always overcome our chal- dent, I know that this room is full of We do elections well here in Arizona. The leaders of both parties who love this system is strong, and that is why I have lenges. bragged on it so much. I yield the floor. country, and many believe that for The VICE PRESIDENT. The majority America to succeed, our politics must He further stated: leader. find common ground. That has never We have some of the strongest election laws in the country, laws that prioritize ac- Mr. MCCONNELL. Mr. Vice Presi- been clearer than today, when armed countability and clearly lay out our proce- dent, I yield 2 minutes to the Senator rioters stormed the U.S. Capitol, dures for conducting, canvassing and even from Oklahoma, Senator LANKFORD. emboldened by President Trump’s false contesting the results. The VICE PRESIDENT. The Senator and inflammatory rhetoric about the And they are right. Arizona has one from Oklahoma. 2020 elections. of the most transparent election proc- Mr. LANKFORD. Mr. Vice President, I believe that we, in this Chamber, esses in the country with built-in ac- you said things more eloquently than have a special duty as leaders to work countability, starting with the internal how we say it in Oklahoma. In Okla- together to lower the temperature of auditing. homa, we say something like: Why in our politics, and I hope that my col- We have heard unfounded allegations God’s name would someone think at- leagues, who have questioned the legit- that voting machines in Arizona and tacking law enforcement and occu- imacy of this election in Arizona and elsewhere somehow changed vote tal- pying the United States Capitol is the all of these other States, now see the lies or somehow improperly rejected best way to show that you are right? dire and dangerous consequences of ballots while claiming to accept them. Why would you do that? sowing doubt and uncertainty. These allegations all ignore the fact Rioters and thugs don’t run the Cap- I also know that, as U.S. Senators, that Arizona counties conducted ballot itol. We are the United States of Amer- we all take solemnly the oath we swear audits by hand to double-check the ma- ica. We disagree on a lot of things, and to support and defend the Constitution chine counts, and these audits found no we have a lot of spirited debate in this of the United States against all en- widespread fraud or irregularities. room, but we talk it out, and we honor emies, foreign and domestic. At this Maricopa County, the county where each other, even in our disagreements. moment in history, I can think of more than 60 percent of the State’s That person, that person, and that per- nothing more patriotic than renewing population resides, conducted a post- son is not my enemy. That is my fellow our faith in the Charters of Freedom election hand count audit in the week American. And while we disagree on that our Founding Fathers crafted for after the election, which showed per- things, and disagree strongly at times, our Republic, starting with the funda- fect, 100 percent, accuracy in the ma- we do not encourage what happened mental American principle in our Dec- chine tabulations. So why would we today—ever. laration of Independence that govern- need, my colleagues, to call for a 10- Now, I want to join my fellow Sen- ments derive their just powers from day emergency audit to be conducted ators in saying thank you to the Cap- the consent of the governed. by a legislative commission when it itol Hill Police, the law enforcement, The people have spoken in this elec- has already been done by the State of the National Guard, the Secret Service tion, and our only job here today is to Arizona? What happened to State’s who stood in harm’s way. While we do what they ask. It is not to argue rights? were here debating, they were pushing election security. That is not the place The audit involved checking ballots back. And I was literally interrupted for what we are doing today. for the Presidential election but also midsentence speaking here because we Our Constitution specifically re- ballots for Federal and State legisla- were all unaware of what was hap- serves to the people the right to meet tive elections. The audit report shows pening right outside this room because in their respective States and vote for every precinct’s machine and hand of their faithfulness and because of the President and Vice President. As a count totals for each of the races au- what they have done. I want to thank result, individual States oversee and dited, and for every single race in every them. implement the election process, not precinct, the difference between the Ronald Reagan once said: Peace is the Federal Government. hand count and the machine count was not the absence of conflict. It is the To guard against fraud or irregular- zero. Maricopa’s audit report stated: ability to handle conflict by peaceful ities in the voting process, the States No discrepancies were found by the means. are required to have robust election se- hand count audit boards. The peaceful people in my State of curity measures. Likewise, State legis- Seeking to find any reason to contest Oklahoma want their questions an- latures have the opportunity to exam- these results, some of the State Repub- swered, but they don’t want this, what ine evidence of voter fraud before they licans then tried to claim that Mari- happened today. They want to do the certify their electoral college votes. copa County failed to follow State law right thing, and they also want to do it And our courts—from district courts to in conducting this audit by selecting the right way. They want to honor the the United States Supreme Court—ad- voting center locations to audit in- constitutional process, but they also judicate legal challenges and election stead of voting precincts. This was

VerDate Sep 11 2014 01:30 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.014 S06JAPT1 sspencer on DSK126QN23PROD with SENATE S20 CONGRESSIONAL RECORD — SENATE January 6, 2021 wrong. And this, too, went to a court. electors can be submitted by the same Mr. BENNET. Colleagues, it has been In rejecting this claim, the State court State. That doesn’t happen very often. a terrible day for everybody here and in Arizona found that the county fol- It happened in 1960. It happened in 1876. for our country. lowed the properly issued guidance on Let’s hope it doesn’t ever happen One of the things I was thinking hand audit procedures from the Ari- again. In those rare moments, Congress about today is something I often think zona Secretary of State. And the court has to make a choice. It has to decide about when I am on this floor, which is found that Maricopa County officials, which of the electoral votes will be that the Founders of this country, the therefore, could not lawfully have per- counted and which will not. That did people who wrote our Constitution, ac- formed the hand count audit the way not happen here—thank heavens—and tually knew our history better than we the plaintiffs wanted it done. If they let’s hope that it never does. know our history. had done so, they would have exposed Many of my colleagues have raised I was thinking about that history themselves to criminal punishment. objections or had previously stated today, as we saw the mob riot in Wash- The VICE PRESIDENT. The Sen- their intent to raise objections with re- ington, DC—thinking about what the ator’s 5 minutes has expired. gard to these. I have spent an enor- Founders were thinking about when Ms. CORTEZ MASTO. Thank you, mous time on this issue over the last they wrote our Constitution, which was Mr. Vice President. I would close by few weeks. I have met with lawyers on what happened to the Roman Republic just saying, please, my colleagues, do both sides of the issue, and I have met when armed gangs, doing the work for not disenfranchise the voters of Ari- with lawyers representing the Trump politicians, prevented Rome from cast- zona and certify their votes tonight. campaign, reading everything I can ing their ballots for consuls, for prae- Thank you. find about the constitutional provi- tors, for senators. These were the offi- The VICE PRESIDENT. The majority sions in question, and I have spent a cers in Rome, and these armed gangs leader. lot of time on the phone with legisla- ran through the streets of Rome, keep- Mr. MCCONNELL. Mr. Vice Presi- tors and other leaders from the con- ing elections from being started, keep- dent, I yield up to 5 minutes to the tested States. I didn’t initially declare ing elections from ever being called. In Senator from Utah, Senator LEE. my position because I didn’t yet have The VICE PRESIDENT. The Senator the end, because of that, the Roman one. Republic fell, and a dictator took its from Utah. I wanted to get the facts first, and I Mr. LEE. Mr. Vice President, from place, and that was the end of the wanted to understand what was hap- Roman Republic—or any republic, for the time I prepared my remarks for pening. I wanted to give the people today, it seems like a lifetime ago. A that matter—until this beautiful Con- serving in government in the contested stitution was written in the United lot has changed in the last few hours. States the opportunity to do whatever So I am going to deliver some of the States of America. they felt they needed to do to make So it is my fervent hope that the way same remarks, but it has a little bit of sure that their election was properly a different feel than it would have just we respond to this today, my dear col- reflected. I spent an enormous amount leagues, is that we give the biggest bi- a few hours ago. of time reaching out to State govern- My thoughts and prayers go out to partisan vote we can in support of our ment officials in those States, but in the family members of those who have democracy and in support of our Con- none of the contested States—no, not been injured or killed today. My heart- stitution and in rejection of what we even one—did I discover any indication felt gratitude goes out to the Capitol saw today and what the Roman Repub- that there was any chance that any Hill Police who valiantly defended our lic saw in its own time. State legislature or secretary of state building and our lives. There is a tendency around this While it is true that legitimate con- or Governor or Lieutenant Governor place, I think, to always believe that cerns have been raised with regard to had any intention to alter the slate of we are the first people to confront how some of the key battleground electors. That being the case, our job is something when that is seldom the a very simple one. States conducted their Presidential case and to underappreciate what the This simply isn’t how our Federal elections, this is not the end of the effect of our actions will be. We need to system is supposed to work. That is to story. We each have to remember that deeply appreciate, in this moment, our say, if you have concerns with the way we swore an oath to uphold, protect, obligation to the Constitution, our ob- that an election in the Presidential and defend this document, written ligation to democracy, and our obliga- race was handled in your State, the ap- nearly two and a half centuries ago by tion to the Republic. propriate response is to approach your wise men raised up by God for that There are people in this Chamber State legislatures, first and foremost. who have twisted the words—twisted very purpose. That document makes These protests—hearing from those clear what our role is and what it isn’t. the words—of a statute written in the who have raised concerns—should have 19th century that was meant to actu- It makes clear who does what when it been focused on their State capitols, comes to deciding Presidential elec- ally settle our electoral disputes, to not the Nation’s Capitol, because our leave them with the States, as the Sen- tions. role is narrow, our role is defined, our You see, because in our system of ator from Utah was saying, to give us role is limited. a ministerial role, except in very rare government, Presidents are not di- Yes, we are the election judges when circumstances. That is what that law rectly elected. They are chosen by it comes to Members elected to our is about that the Senator of Texas was Presidential electors, and the Constitu- own body. And, yes, the House of Rep- talking about today. And that is the tion makes very clear, under article II, resentatives are the judges of their own law that is leading us to be asked to section 1, that the States shall appoint races there. Presidential electors according to pro- We also have the authority to pre- overturn the judgments of 60 courts in cedures that their legislatures develop. scribe, as a Congress, rules governing America, many of the courts in Ari- Then comes the 12th Amendment. It the time, place, and manner of elec- zona, some of whom have howled the explains what we are doing here today tions for Senators and Representatives. President’s lawyers out of the court- in the Capitol. It explains that the There is no corresponding authority rooms because there is no evidence of President of the Senate—the Vice with respect to Presidential elections— fraud. By the way, the fact that 37 percent President of the United States—shall none whatsoever. It doesn’t exist. Our or 39 percent of Americans think there open the ballots, ‘‘and the votes shall job is to convene, to open the ballots, is evidence of fraud does not mean then be counted.’’ It is those words and to count them. That is it. that confine, define, and constrain Thank you. there is fraud. If you have turned a every scrap of authority that we have I yield the floor. blind eye to a conspiracy theory, you in this process. The VICE PRESIDENT. The Demo- can’t now come to the floor of the Sen- Our job is to open and then count. cratic leader. ate and say you are ignoring the people Open, then count—that is it. That is all Mr. SCHUMER. The Senator from who believe that the election was sto- there is. Colorado, Mr. BENNET. len. Go out there and tell them the There are, of course, rare instances— The VICE PRESIDENT. The Senator truth, which is that every single Mem- instances in which multiple slates of from Colorado. ber of this Senate knows this election

VerDate Sep 11 2014 01:30 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.015 S06JAPT1 sspencer on DSK126QN23PROD with SENATE January 6, 2021 CONGRESSIONAL RECORD — SENATE S21 wasn’t stolen and that we, just as in the integrity of our elections and re- What is interesting about the par- the Roman Republic, have a responsi- storing every American’s faith that allel between the two is they both were bility to protect the independence of their voice and their vote matter. waving flags to a sole sovereign, to an the judiciary from politicians who will America is a divided country with se- individual, surrendering democratic stop at nothing to hold on to power. rious differences, but it is still the principles to the cult of personality. There is nothing new about that either. greatest country on Earth. There can One was a monarch in England, and the That has been true since the first re- be no disagreement that upholding de- other were the flags I saw all over our public was founded. mocracy is the only path to preserving Capitol, including in the hallways and So now we find ourselves in the posi- our Republic. in this room, to a single person named tion, just days after many Senators I yield the floor. Donald Trump. here swore an oath to uphold and de- (Applause.) The sad difference between these two fend the Constitution—every single The VICE PRESIDENT. The Demo- times is one was yet another nation in Member of the House of Representa- cratic leader. the history of our country that tried to tives swore the same oath, as well, and Mr. SCHUMER. I yield 21⁄2 minutes to challenge the United States of Amer- I think we have a solemn obligation Senator BOOKER and 21⁄2 minutes to ica, but this time, we brought this hell and responsibility here to prove, once Senator KAINE, in reverse order. upon ourselves. again, that this country is a nation of The VICE PRESIDENT. The Senator My colleague from Texas said that laws and not of men, and the only re- from Virginia. this was a moment where there were sult that we can reach together is one Mr. KAINE. Mr. President and my unprecedented allegations of voter that rejects the claim of the Senator colleagues, I applaud the comments of fraud. Yes, that is true. They were un- from Texas and the other Members of my colleague from Georgia deeply. precedented when the President, before the House and Senate who seek to My first job after school was in the election even happened, said: If I overturn the decisions that have been Macon, GA, working for a Federal lose this election, then the election made by the States, by the voters in judge, Lanier Anderson. I learned a lot was rigged. these States, and by the courts. about integrity and a lot about law That is unprecedented. It is unprece- If we follow what they have proposed, from him. I also learned some sad les- dented that, before the night of the we will be the ones who will have dis- sons, that in the history of Georgia— counting of the vote was even done, enfranchised every single person who and, indeed, Virginia and many that he called it rigged. It is unprece- cast a vote in this election, whether States—so many people, especially peo- dented that he is fanning the flames of they voted for the President or they ple of color, had been disenfranchised conspiracy theory to create a smoke- didn’t. over the course of our history. Our late screen in this Nation to cover what he I urge you to reject this, and I deeply friend, John Lewis, a Congressman is trying to do, which is undermine our appreciate the opportunity to serve from Georgia, was savagely beaten on democratic principles. with every single one of you. Bloody Sunday just for marching for But it is not just that. The shame of Thank you. voting rights. That act of violence in- this day is it is being aided and abetted (Applause.) spired this body, the U.S. Senate, to by good Americans who are falling The VICE PRESIDENT. The majority come together in March of 1965 and prey, who are choosing Trump over leader. work to pass, in a bipartisan fashion, truth, who are surrendering to the pas- Mr. MCCONNELL. I yield up to 5 the Voting Rights Act. sion of lies as opposed to standing up minutes to the Senator from Georgia, We should be coming together and speaking truth to power, who are Senator LOEFFLER. today—after acts of violence—as a U.S. trying to fundraise off of the shame of The VICE PRESIDENT. The Senator Senate, to affirm the votes of all who conspiracy theories as opposed to doing from Georgia. cast ballots in November. Instead, we the incalculably valuable, patriotic Mrs. LOEFFLER. Mr. President, are contemplating an unprecedented thing: to speak truth to our Nation. when I arrived in Washington this objection that would be a massive dis- Our democracy is wounded, and I saw it morning, I fully intended to object to enfranchisement of American voters. when I saw pictures of yet another in- the certification of the electoral votes. The Georgia result was very clear: a surgency, of a flag of another group of However, the events that have tran- 12,000-vote margin, 2 certifications by Americans who tried to challenge our spired today have forced me to recon- Republican officials, 4 separate re- Nation. I saw the flag of the Confed- sider, and I cannot now, in good con- counts and canvases, 7 lawsuits, as in eracy there. science, object to the certification of the other States. If we object to results What will we do? How will we con- these electors. like this, the message is so clear. We front this shame? How will we confront The violence, the lawlessness, and are saying to States: No matter how this dark second time in American his- siege of the Halls of Congress are ab- secure and accurate your elections are, tory? I pray that we remember a Geor- horrent and stand as a direct attack on we will gladly overthrow them if we gian and his words. All I can say is we the very institution my objection was don’t like who you voted for. But, more must, in spirit, join together like those intended to protect: the sanctity of the importantly, what we will be saying— Georgians on a bridge called the Ed- American democratic process. And I really, what we will be doing—is as the mund Pettus, who joined hands, who thank law enforcement for keeping us body that acted together to guarantee were called threats to our democracy, safe. Americans the right to vote, we will who were called outrageous epithets I believe that there were last-minute become the agent of one of the most when they sought to expand our de- changes to the November 2020 election massive disenfranchisements in the mocracy, to save it, to heal it—when process and serious irregularities that history of this country. they joined arm in arm and said what resulted in too many Americans losing So I urge all of my colleagues: Please we should say now, commit ourselves confidence not only in the integrity of oppose these objections. to that ideal, that together, we shall our elections but in the power of the Thank you. overcome. ballot as a tool of democracy. Too I yield to my colleague from New (Applause.) many Americans are frustrated at Jersey. The VICE PRESIDENT. The majority what they see as an unfair system. The VICE PRESIDENT. The Senator leader. Nevertheless, there is no excuse for the from New Jersey. Mr. MCCONNELL. Mr. Vice Presi- events that took place in these Cham- Mr. BOOKER. Mr. Vice President, I dent, I yield up to 5 minutes to the bers today, and I pray that America can only think of two times in Amer- Senator from Nebraska, Mr. SASSE. never suffers such a dark day again. ican history that individuals laid siege The VICE PRESIDENT. The Senator Though the fate of this vote is clear, to our Capitol, stormed our sacred from Nebraska. the future of the American people’s civic spaces, and tried to upend and Mr. SASSE. Mr. Vice President, I faith in the core institution of this de- overrun this government. One was in want to say, before we begin, thank mocracy remains uncertain. We as a the War of 1812, and the other one was you for the way you have fulfilled your body must turn our focus to protecting today. constitutional duties and your oath of

VerDate Sep 11 2014 01:30 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.018 S06JAPT1 sspencer on DSK126QN23PROD with SENATE S22 CONGRESSIONAL RECORD — SENATE January 6, 2021 office today. Obviously, it hasn’t been word—and our ancestors have spilled tional system is still the greatest order easy. blood to defend the glories of this re- for any government ever, and it is our Colleagues, today has been ugly. public. Why would they do that? Be- job to steward it and protect it. When I came to the floor this morning, cause America is the most exceptional Let’s remember that today when we I planned to talk about the lesson of nation in the history of the world and vote. 1801 because I am kind of a history because the Constitution is the great- The VICE PRESIDENT. The Demo- nerd, and I wanted to celebrate the glo- est political document that has ever cratic leader. ries of the peaceful transition of power been written. Most governments in the Mr. SCHUMER. The Senator from Il- across our Nation’s history. It feels a past have said might makes right, and linois, Mr. DURBIN. little naive now to talk about ways we saw some of that hooligan nuttery The VICE PRESIDENT. The Senator that American civics might be some- today. Might makes right. No, it from Illinois. thing that could unite us and bring us doesn’t. Mr. DURBIN. Mr. Vice President, in back together. God gives us rights by nature, and March of 1861, a Springfield lawyer Now, 1801 blew everybody’s mind all government is just our shared project caught a train to Washington. His over the world, by the way. John to secure those rights. America has al- name was Abraham Lincoln. It wasn’t Adams loses to Thomas Jefferson, and ways been about what we choose to do his first trip there. He served as Con- Adams willingly leaves the Executive together, the way we reaffirm our con- gressman 15 years before and returned mansion and moves back to Massachu- stitutional system. We have some gov- in the beginning of the Civil War to setts, and Jefferson peacefully assumes ernmental tasks, and we all in this serve as President. power. People all over Europe said: body could do better at those govern- It was a different place than he knew That must be fake news. Those must be mental tasks, but the heart of America as a Congressman. In 15 years, it had bad reports. There is no way any Exec- is not government. The center of Amer- changed a lot. The Sprigg’s boarding utive would ever willingly lay down ica is not Washington, DC. house across the street, which is now power. Yet Adams, in defeat, did some- The center of America is the neigh- the Library of Congress, was gone. And thing glorious to give all of us a gift. borhoods where 330 million Americans this building was changing—big I wanted to celebrate that, and it are raising their kids and trying to put changes. They were building a dome on feels a little bit harder now. This build- food on the table and trying to love the Capitol. But they were also in the ing has been desecrated. Blood has been their neighbor. That is the center of earliest days of war, and President Lin- spilled in the hallways. I was with oc- America. coln was counseled: Stop building the togenarian Members of this Chamber We are not supposed to be the most dome. It costs too much money. We who needed to have troops and police important people in America. We are can’t spend any more time on it. stabilize them to get down the stairs at supposed to be servant leaders who try And he said: No. We are going to a time when a lot of our staffs were to maintain a framework for ordered build that dome, and we are going to panicked and under their desks and not liberty so that there is a structure finish it. That dome and this building knowing what was going to happen to that, back home where they live, they will be a symbol of this country that them. can get from the silver-framed struc- will survive this Civil War and come It was ugly today. But you know ture and order to the golden apple at back strong. what? It turns out that when some- the center, as Washington would have So they built the dome. They won thing is ugly, talking about beauty said, which is the things that they the war. And since those days, that isn’t just permissible; talking about build together, the places where they dome and this building have been a beauty is obligatory in a time like coach little league, the places where symbol to this country, a symbol of that. Why? Why would we talk about they invite people to synagogue or unity and of hope. beauty after the ugliness of today? Be- church. Tours come through here—before cause our kids need to know that this Sometimes, the biggest things we do COVID–19—by the tens of thousands. If isn’t what America is. What happened together are governmental, like kick- you have ever noticed their tours, they today isn’t what America is. ing Hitler’s ass or like going to the are often shushed. People are saying: They have been given a glorious in- moon. Sometimes, there is govern- Show some respect for this building. heritance for the 59th Presidential mental stuff. But the heart of America We know this building and the Ro- election. If the Vice President wasn’t is about places where moms and dads tunda as a place where some of the in the Chair and if the President pro are raising kids, and we are supposed greatest American heroes of both polit- tempore was, I would have made some to serve them by maintaining order ical parties lie in state, and we go joke that CHUCK GRASSLEY has voted in and by rejecting violence. You can’t do there to honor them. We know this two-thirds of those 59 Presidential elec- big things like that if you hate your building because we work here. We tions. He is laughing. It is not as good neighbors. You can’t do big things to- enact laws here that change America. as ‘‘hit deer, deer dead,’’ but it still got gether as Americans if you think other We gather for State of the Union mes- a Grassley laugh. Americans are the enemy. sages from Presidents and honor the I don’t think we want to tell the Look, there is a lot of uncertainty people in the gallery. Americans that come after us that this about the future. I get it. There is a lot This is a special place. This is a sa- republic is broken, that this is just a that does need to be rebuilt. But if you cred place. But this sacred place was banana republic, that our institutions are angry—I want to beg you—don’t let desecrated by a mob today, on our can’t be trusted. I don’t think we want the screamers who monetize hate have watch. This temple to democracy was that. We don’t want that in this body, the final word. Don’t let needlists be- defiled by thugs who roamed the halls and we don’t want that in our home- come your drug dealers. There are and sat in that chair, Mr. Vice Presi- towns. I don’t think we want to tell our some who want to burn it all down. We dent, the one that you vacated at 2:15 kids that America’s best days are be- met some of them today. this afternoon—sat and posed for pic- hind us—because it is not true. That is But they aren’t going to win. Don’t tures, those who were roaming around not who we are. America isn’t Hat- let them be your prophets—instead, or- in this Chamber. fields’ and McCoys’ blood feud forever. ganize, persuade, but most impor- What brought this on? Did this mob America is a union. tantly, love your neighbor. Visit the spring spontaneously from America? There is a lot that is broken in this widower down the street who is lonely No. This mob was invited to come to country but not anything that is so big and doesn’t want to tell anybody that Washington on this day, by this Presi- that the American people can’t rebuild his wife died and he doesn’t have a lot dent, for one reason: because he knew it, that freedom and community and of friends. Shovel somebody’s drive- the electoral college vote was going to entrepreneurial effort and that neigh- way. You can’t hate somebody who just be counted this day. He wanted this borhoods can’t rebuild. Nothing that is shoveled your driveway. mob to disrupt the constitutional proc- broken is so big that we can’t fix it. The heart of life is about community ess which we are part of. This mob was Generations of our forefathers and and neighborhood, and we are supposed inspired by a President who cannot ac- our foremothers—probably not a to be servant leaders. The constitu- cept defeat.

VerDate Sep 11 2014 01:30 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.021 S06JAPT1 sspencer on DSK126QN23PROD with SENATE January 6, 2021 CONGRESSIONAL RECORD — SENATE S23 If you wonder whether I am going too itol today and across the country over and deployed to Iraq, ready to sacrifice far in what I say, just read the tran- the past year are unacceptable, and I whatever was asked of me, all because script with the secretary of state from condemn them at the highest level. I love this Nation—willing to sacrifice Georgia and listen to this President’s Like all of us in the Chamber, I am my life, if needed, because I believe in wild conspiracy theories, one after the thankful for the heroic law enforce- the sanctity of our electoral system, other, swatted down by that Repub- ment officers who worked feverishly to which had declared George W. Bush my lican-elected official and his attorney restore order so that we get back to Commander in Chief. as having no basis in fact. This Presi- the electoral certification process. I earned my wounds proudly fighting dent begs, he coaxes, he even threatens During my 29-year career as an obste- in a war I did not support on the orders that secretary of state to find the votes trician and gynecologist, too often I of a President I did not vote for be- he needs. In any other venue, that had to sit down with patients and give cause I believed in and I still do believe would be a simple, obvious crime. them a very bad diagnosis. It might in the values of our Nation; because I The lengths he will go to are obvious. have been a young mother of three believe in a government of, by, and for The Texas Senator says to us: Well, whose three babies I delivered, now the people, where voters—voters— many people still agree with him, you with metastatic breast cancer, or per- choose who leads them, not the other know, when it gets down to the bottom haps another woman with advanced way around. line. Many people have fallen for this cervical or ovarian cancer, all of which I have spent my entire adult life de- Presidential position that it must have have very challenging prognoses. But fending our democracy, but I never— been a rigged election if I lost. before I sat down with each one of never—thought it would be necessary Well, I would say that after—we have those patients, I carefully reviewed all to defend it from an attempted violent lost count—57 lawsuits, 62 lawsuits—I the labs, their x rays, and the pathol- overthrow in our Nation’s own Capitol have heard so many different num- ogy to make sure I had the facts Building. Well, I refuse to let anyone bers—after 90 different judges; after straight, but at the end of the day, my intent on instigating chaos or inciting this President took his case, the best final recommendation was always violence deter me from carrying out he could put together, to the highest going to be a recommendation from my my constitutional duties. Court in the land across the street, heart. You know, when my Army buddies where he had personally chosen three I want my fellow Kansans and all and I raised our right hands, when Justices on the Supreme Court—and I Americans to know that I have given 45,000 troops in Arizona raised their say to the Senator from Texas that he as much consideration and thought right hands and swore to protect and knows much more about that Court surrounding the issue of objecting to a defend the Constitution, we did not than I do—I don’t believe they let that State’s electoral college votes as I did qualify our oaths by saying that we paper that he sent up there even hit considering the treatment plan for a would follow orders only when the the desk before they laughed it out of serious health concern, and today’s de- Commander in Chief was someone the Court. And that is the best he had cision once again is from my heart. whose election we were happy with. to offer—no evidence whatsoever of Mr. President, I rise today to restore Just like when every Senator in this this rigged election and this integrity to our Republic, and I rise to Chamber was sworn into office, we fraudulence. do it knowing that many of our col- didn’t mutter under our breath that we The Senator from Texas says: We leagues are all concerned for current discharge our duties only when it just want to create a little commis- and future generations. We must re- served our political interests or helped sion, 10 days; we are going to audit all store faith and confidence in one of our us to avoid the wrath of a petty, inse- of the States—particularly the ones in Republic’s most hallowed and patriotic cure, wannabe tin-pot dictator on the contention here—and find out what ac- duties: voting. precipice of losing power and rel- tually occurred. There is no question our U.S. Con- evance. No, there is no ambiguity And it really draws its parallel to stitution empowers State legislatures here—Joe Biden won the election with 1876, to Hayes and Tilden. Don’t forget to execute free, legal, and fair elec- a record number of votes. Republican what that commission—that so-called tions. Unfortunately, in several States, officials nationwide confirmed those political compromise—achieved. It was the clear authority of those State leg- results, including in Arizona, as has not just some ordinary governmental islatures to determine the rules for judge after Trump-appointed judge. commission. It was a commission that voting was usurped by Governors, sec- Even Trump’s Attorney General admit- killed reconstruction, that established retaries of state, and activist courts. ted that the U.S. Department of Jus- Jim Crow, that—even after a civil war, Our laws and Constitution should al- tice had not found widespread fraud which tore this Nation apart, it re- ways be followed, especially in a time that would have affected the outcome. enslaved African-Americans, and it was of crisis. Yet still many of my Republican col- I don’t rise to undo a State’s legally a commission that invited voter sup- leagues are asking us to ignore all of obtained electoral college votes; rath- pression we are still fighting today in that. With no evidence of their own, er, I rise in hopes of improving the in- America. they are asking us to ignore court rul- Let me close by saying this. The vote tegrity of the ballot to hold States ac- ings, ignore Republican-elected offi- we are going to have here is a clear countable to the time-proven constitu- cials, and even worse, ignore the will of choice of whether we are going to feed tional system of the electoral college. the people across this vast, great Na- This is why I urge the formation of the beast of ignorance or we are going tion by trying to overturn this elec- an electoral commission to give con- to tell the truth to the American peo- tion. They are placing more trust in structive suggestions and recommenda- ple. We saw that beast today roaming Reddit conspiracy theories than the tions that States can take to make our the halls. Let’s not invite it back. Constitution, proving that appeasing elections once again safe, free, and fair The VICE PRESIDENT. The majority Trump is more important to them than after a year of jarring irregularities. protecting the most basic tenet of our leader. We must and will have a peaceful Mr. MCCONNELL. I yield up to 5 Republic—the adherence to free and transition of power. fair elections. minutes to the Senator from Kansas, To all my fellow Americans, I have If there is one thing I know, it is that Senator MARSHALL. no doubt that our Republic can grow my troops didn’t sign up to defend our The VICE PRESIDENT. The Senator stronger through this difficult day. democracy in war zones thousands of from Kansas. May God bless this great Republic. Mr. MARSHALL. Thank you, Mr. Thank you, Mr. President. mile away only to watch it crumble in President. I yield the floor. these hallowed halls here at home. Yet Freedom of speech and the freedom The VICE PRESIDENT. The minor- that is what this effort amounts to—an to protest are provided in our Constitu- ity leader. attempt to subvert our democracy. In tion. While I share the same frustra- Mr. SCHUMER. The Senator from Il- the process, it is threatening what tion many Americans have over the linois, Senator DUCKWORTH. makes America American, because in Presidential election, the violence and Ms. DUCKWORTH. In 2004, I packed this country—in this country—the mob rule that occurred at the U.S. Cap- up my rucksack, laced up my boots, power of the people has always

VerDate Sep 11 2014 01:30 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.022 S06JAPT1 sspencer on DSK126QN23PROD with SENATE S24 CONGRESSIONAL RECORD — SENATE January 6, 2021 mattered more than the people in test. This is about overturning a State- I was going to try in a feeble way, power. certified election. maybe, to reach some of the rhetorical That is the ideal that this Nation was If you vote to overturn these elec- heights of BEN SASSE. I knew I couldn’t founded upon. That is why a few patri- tions, wouldn’t it be the opposite of do that, so instead—I know I am vio- ots threw some tea in Boston Harbor, States’ rights Republicans have always lating rules. Today is the day for vio- why Washington crossed the Delaware, advocated for? lating rules. This is a photo that ap- why suffragists were arrested a century This would doom the electoral col- pears today in one of the most promi- ago, and why my friend John Lewis lege forever. It was never intended by nent German newspapers. You don’t crossed that bridge in Selma in 1965. It our Founders that Congress have the need to draw it up. You can draw up is why millions spent a Tuesday in No- power to overturn State-certified elec- photos from any newspaper or any tele- vember standing in line, braving a pan- tions. My oath to the Constitution vision feed anywhere across the world. demic to make their voices heard. doesn’t allow me to disobey the law. I And what is this photo of? It is of Listen, this administration has al- can’t vote to overturn the verdict of thugs—thugs—in the Halls of this Cap- ways had an adversarial relationship States. Such a vote would be to over- itol, diminishing everything we say we with the truth. Trump always cries turn everything held dear by those of believe in, in this democracy. conspiracy, always foments chaos us who support the rights of States in When you look at those images, real- whenever something doesn’t go his this great system of federalism that ize that those images are priceless for way. But today, we here in this Cham- was bequeathed to us by our Founders. our adversaries. I am willing, tonight, ber have the opportunity to prove that The electoral college was created to in an overwhelming way, to take a here in this country, truth matters, devolve the power of selecting Presi- small step, in a bipartisan way, to that right matters, that the will of the dential electors to the States. The start restoring that trust of our people people matters more than the whims of electoral college is, without question, and, hopefully, the billions of people any single powerful individual. an inseparable friend to those who be- around the world who believe in that I have no tea to throw in Boston Har- lieve that every American across our notion of American democracy. Re- bor tonight, and I regret that I have no vast country deserves to be heard. member, these images are still there. rucksack to pack for my country, no If Congress were given the power to I yield the floor. Black Hawk to pilot, nor am I asking overturn the States’ elections, what The VICE PRESIDENT. The majority for any grand gesture from my Repub- terrible chaos would ensue every 4 leader. lican colleagues. All I am asking of you years. Imagine the furor against the Mr. MCCONNELL. Mr. President, I is to reflect on the oaths that you have electoral college if Congress becomes a yield 5 minutes to the Senator from sworn, on the damage done to our forum to overturn States’ electoral col- Missouri, Mr. HAWLEY. Union today, and on the sacrifices lege slates. The VICE PRESIDENT. The Senator made by those who have given so much It is one thing to be angry. It is an- from Missouri. to this Nation, from the servicemem- other to focus one’s anger in construc- Mr. HAWLEY. Mr. President, I want bers at Arizona’s Fort Huachuca and tive ways. That hasn’t happened today, to begin this evening by saying thank Marine Corps Air Station Yuma to the to say the least. you to the men and women of the Cap- marchers who bent America’s moral We simply cannot destroy the Con- itol Police, the National Guardsmen, arc a little bit more toward justice stitution, our laws, and the electoral the Metropolitan Police, and others with every single step that they took, college in the process. who came to this Capitol and put their every bridge that they crossed. I hope, as the Nation’s anger cools, lives on the line to protect everybody Then ask yourself whether the de- we can channel that energy into essen- here who was working inside. I want to mocracy they were willing to bleed for, tial electoral reforms at the State thank law enforcement all across this the country that each of us in this level. America is admired around the country—in my home State of Missouri Chamber has sworn to defend, is worth world for our free elections. We must— and everywhere else—who do that day damaging in order to protect the por- we absolutely must fix this mess and in and day out. celain ego of a man who treats the Con- restore confidence and integrity to our I just want to acknowledge that, stitution as if it were little more than elections. We must. when it comes to violence, it was a ter- a yellowing piece of paper. The VICE PRESIDENT. The Demo- rible year in America this last year. We I think we all know the right answer. cratic leader. have seen a lot of violence against law The VICE PRESIDENT. The majority Mr. SCHUMER. The Senator from enforcement, and today, we saw it here leader. Virginia, Senator WARNER. in the Capitol of the United States. In Mr. MCCONNELL. Mr. President, I The VICE PRESIDENT. The Senator this country, in the United States of yield up to 5 minutes to the Senator from Virginia. America, we cannot say emphatically from Kentucky, Senator PAUL. Mr. WARNER. Mr. President, I think enough: Violence is not how you The VICE PRESIDENT. The Senator like most of us, I am still pretty reel- achieve change. Violence is not how from Kentucky. ing from what happened today. What I you achieve something better. Mr. PAUL. I wrote a speech for was going to talk about was the work Our Constitution was built and put today. I was planning to say that I fear I am most proud of since I have been into place so that there would be, in the chaos of establishing a precedent here, with my good friend RICHARD the words of Abraham Lincoln, no ap- that Congress can overturn elections. BURR and all the members of the Intel- peal from ballots to bullets, which is Boy, was I right. Chaos, anarchy—the ligence Committee, about a multiyear what we saw, unfortunately, attempted violence today was wrong and un- report we did into foreign interference tonight. There is no place for that in American. in our elections. Probably our top rec- the United States of America, and that The vote we are about to cast is in- ommendation of that five-volume, bi- is why I submit to my colleagues that credibly important. Now more than partisan report was that any official or what we are doing here tonight is, ac- ever, the question is, Should Congress candidate should use restraint and cau- tually, very important because, for override the certified results from the tion when questioning results of our those who have concerns about the in- States and nullify the States’ rights to elections because when you do so, you tegrity of our elections and for those conduct elections? often carry out the goals of our foreign who have concerns about what hap- The vote today is not a protest; the adversaries. Use caution because, pened in November, this is the appro- vote today is literally to overturn elec- whether knowingly or unknowingly priate means. This is the lawful place tions. We have been told that this is a and whether that adversary is in Rus- where those objections and concerns protest, that this is about an electoral sia or China or Iran, their goals are should be heard. This is the forum that commission. No, it is not. It is about pretty simple: They want to make it the law provides for—that our laws whether to seat the electors certified appear to Americans, to folks around provide for—for those concerns to be by a State. It is not about an electoral the world, and to their own people that registered, not through violence—not commission. It is not about a protest. there is nothing special about Amer- by appealing from ballots to bullets— You can go outside if you want to pro- ican democracy. but here, in this lawful process.

VerDate Sep 11 2014 01:30 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.024 S06JAPT1 sspencer on DSK126QN23PROD with SENATE January 6, 2021 CONGRESSIONAL RECORD — SENATE S25 So to those who say that this is just the American people from both parties voter fraud or election irregularities a formality today—an antique cere- and all walks of life can have con- that have been suggested by those mony that we have engaged in for a fidence in their elections and so that seeking to overturn the election. There couple of hundred years—I can’t say we can arrange ourselves under the have been 60 cases in court after court, that I agree. I can’t say that our prece- rule of law that we share together. all throughout our State and through- dent suggests that. I actually think it I yield the floor. out the country, including in the Su- is very vital, what we do. The oppor- The VICE PRESIDENT. The Demo- preme Court, that have dealt with this tunity to be heard and to register ob- cratic leader. bizarre argument that we know is jections is very vital because this is Mr. SCHUMER. The Senator from based upon that lie. the place where those objections are to Pennsylvania, Mr. CASEY. In one court, the U.S. Court of Ap- be heard and dealt with, debated, and The VICE PRESIDENT. The Senator peals for the Third Circuit, Judge finally resolved—in this lawful means, from Pennsylvania. Bibas, appointed by President Trump, Mr. CASEY. Mr. President, I rise to- peacefully, without violence, without wrote: night to defend the people of the Com- attacks, without bullets. The campaign’s claims have no merit. The monwealth of Pennsylvania—to defend Let me just say now, briefly—in lieu United States has free and fair elections, the more than 6.9 million voters who of speaking about it later—a word which are the lifeblood of our democracy. voted in this election—and to condemn, about Pennsylvania, which is a State Charges require specific allegations and then in the strongest possible terms, this at- that I have been focused on and have proof. We have neither here. tempt to disenfranchise the voters of objected to, as an example of why peo- So said Judge Bibas. Pennsylvania based upon a lie, a false- ple are concerned—why millions of Finally, a word about those election hood. That same lie sowed the seeds of Americans are concerned—about our officials who did such work. These elec- today’s violence and today’s lawless- tion officials all across our State—Re- election integrity. ness here in the Capitol. I say to Pennsylvania, quite apart publicans and Democrats from red One of my constituents, Susan, from counties and blue counties—did their from allegations of any fraud, you have Lehigh Valley—the community of our a State constitution that has been in- jobs. They are patriots, and these ob- State where Senator TOOMEY lives—re- terpreted for over a century to say that jections are an attack on these Penn- cently wrote to my office and, perhaps, sylvania public servants. I will give there is no mail-in balloting permitted said it best: except for in very narrow cir- you one example from Republican We cannot allow ANYBODY to overturn Commissioner Al Schmidt, of Philadel- cumstances, which is also provided for the legal votes of the citizens of Pennsyl- in the law. Yet, last year, Pennsylva- phia. vania. This would be the ultimate destruc- He wrote: nia’s elected officials passed a whole tion of our democracy. new law that allowed for universal There really should not be a disagreement, Susan had it right. We cannot allow regardless of party affiliation, when we’re mail-in balloting, and they did it, irre- ‘‘ANYBODY’’—and she put that word talking about counting votes . . . by eligible gardless of what the Pennsylvania Con- in all caps—to overturn the legal votes voters. It is not a very controversial thing stitution said. of the people of our State. or, at least, it shouldn’t be. Then, when Pennsylvania’s citizens Let me address the allegation regard- After election day, Commissioner Al tried to be heard on this subject before ing the Pennsylvania Constitution and Schmidt, his family, and his colleagues the Pennsylvania Supreme Court, they the general assembly and somehow were subjected to death threats simply were dismissed on grounds of procedure that the general assembly didn’t have because he was trying to do his job and timeliness, in violation of that su- the authority to enact ‘‘no excuse with integrity. It calls to mind that preme court’s own precedent. mail-in voting’’—that process—for the great line from ‘‘America the So the merits of the case have never people of our State. Beautiful″: ‘‘O beautiful for patriot been heard. The constitutionality of First, the law in question, Act 77, was dream, That sees beyond the years.’’ the statute, actually, has never been passed in 2019 and was implemented These election officials, like so many defended. I am not aware of any court without any serious question as to its of our patriots—and we heard from that has passed on its constitu- constitutionality. The law was passed Senator DUCKWORTH tonight, a real pa- tionality. I actually am not aware of by a Republican-controlled general as- triot—did their jobs. Let’s support anybody who has defended the con- sembly, house and senate. It was only these patriots. Vote against this objec- stitutionality, and this was the statute after the 2020 election, when it became tion. that governed this last election in clear that President-Elect Joe Biden I yield the floor. which there were over 2.5 million mail- won Pennsylvania by a little more The VICE PRESIDENT. The majority in ballots in Pennsylvania. than 80,000 votes, that some Republican leader. This is my point, that this is the politicians in our State decided to Mr. MCCONNELL. I yield 5 minutes forum. The Pennsylvania Supreme challenge the constitutionality of the to the Senator from Utah, Mr. ROMNEY. Court hasn’t heard the case, and there law. The VICE PRESIDENT. The Senator is no other court to go to, to hear the Second, Act 77 is plainly constitu- from Utah. case in the State, so this is the appro- tional. My colleagues allege that the Mr. ROMNEY. Today was heart- priate place for these concerns to be State constitution requires in-person breaking, and I was shaken to the core raised, which is why I have raised them voting except under limited cir- as I thought about the people I have here today. cumstances. This is not true. While met in China and Russia and Afghani- I hope that this body will not miss Pennsylvania lays out specific situa- stan and Iraq and other places who the opportunity to take affirmative ac- tions in which absentee voting is re- yearn for freedom and who look to this tion to address the concerns of so many quired, there is no in-person require- building and these shores as a place of millions of Americans—to say to mil- ment in our State constitution. The hope. I saw the images being broad- lions of Americans tonight that vio- constitution sets a floor, not a ceiling, casted around the world, and it breaks lence is never warranted, that violence for this type of voting. my heart. will not be tolerated, that those who Third, apart from the argument made I have 25 grandchildren. Many of engage in it will be prosecuted, but by my colleague, there is bipartisan them were watching TV, thinking that this body will act to address the agreement across our State—at the about this building, and whether their concerns of all Americans across the local, State, and Federal levels—that grandpa was OK. I knew I was OK. I country. our election was fair, secure, and law- must tell you, as well, that I am proud We do need an investigation into ful. On Monday, my colleague from to serve with these men and women. irregularities, fraud. We do need a way Pennsylvania, Senator TOOMEY, wrote This is an extraordinary group of peo- forward together. We need election se- in an op-ed: ‘‘The evidence is over- ple. I am proud to be a Member of the curity reforms. I bet my friends on the whelming that Joe Biden won this elec- U.S. Senate and meet with people of in- other side of the aisle don’t disagree tion.’’ tegrity as we do here today. with that. We need to find a way to There is simply no evidence to justify Now, we gather due to a selfish man’s move forward on that together so that the outrageous claims of widespread injured pride and the outrage of his

VerDate Sep 11 2014 01:30 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.026 S06JAPT1 sspencer on DSK126QN23PROD with SENATE S26 CONGRESSIONAL RECORD — SENATE January 6, 2021 supporters, whom he has deliberately leagues are coming close to breaking regard of the votes of our citizenry, misinformed for the past 2 months and this promise. even as they speak out against foreign stirred to action this very morning. Since 1797, each U.S. President has leaders who ignore their own people. What happened here today was an in- peacefully handed over power to the They will fail, and history will re- surrection that was incited by the next, and that will happen again on member them. President of the United States. Those January 20, when Donald Trump, de- I hope that future generations will who choose to continue to support his spite the protesters today, the violence view the actions of some of those folks dangerous gambit by objecting to the today—when Donald Trump leaves the today as little more than an unfortu- results of a legitimate and democratic White House at noon and Joe Biden be- nate anomaly. election will forever be seen as being comes President. Future opportunists may use this ill- complicit in an unprecedented attack We have heard tonight from both fated effort to seek short-term polit- against our democracy. Fairly or not, Democrats and Republicans about the ical gain over the long-term stability they will be remembered for their role importance of the voters speaking in of our Republic. But for the sake of our in this shameful episode of American the election and about the fact that great country and America’s standing history. That will be their legacy. there is no evidence of widespread in the world, I ask my colleagues today I salute Senators LANKFORD and voter fraud. But this is not just an to fully endorse the results of the free LOEFFLER and BRAUN and DAINES and, I issue for us here in the United States; and fair election and set aside this par- am sure, others who, in light of today’s this is an issue for nascent democracies tisan attempt to subvert the will of the outrage, have withdrawn their objec- around the world, which, as Senator people. We should be venerating the tions. For any who remain insistent on ROMNEY said, look to the United States peaceful transition of power, even if an audit in order to satisfy the many as an example. We are the shining city our own preferred candidate didn’t win. people who believe the election was on the hill. We give those struggling That is, after all, who we are in the stolen, I would offer this perspective: under oppression hope for a better fu- United States of America. No congressional audit is ever going to ture. Thank you, Mr. President. convince these voters, particularly Now, like so many of us in this The VICE PRESIDENT. The majority when the President will continue to Chamber, I have traveled to developing leader. say that the election was stolen. The democracies around the world—to Af- Mr. MCCONNELL. Mr. President, I best way we can show respect for the ghanistan and Iraq, to the Western Bal- yield up to 5 minutes to the Senator voters who are upset is by telling them kans, to Africa, to the country of Geor- from Ohio, Senator PORTMAN. the truth. gia. I went there with my colleague The VICE PRESIDENT. The Senator (Applause, Senators rising.) Senator RISCH. from Ohio. That is the burden. That is the duty In 2012, we went to Georgia to ob- Mr. PORTMAN. Mr. Vice President, of leadership. The truth is that Presi- serve officially, on behalf of the Sen- you have fulfilled your duties as Presi- dent-Elect Biden won the election, and ate, the election between outgoing dent of the Senate tonight with dis- President Trump lost. I had that expe- President Mikheil Saakashvili and his tinction, and we all appreciate it. rience myself. It is no fun. United National Movement Party and I thought about changing my mind (Laughter.) the challenge by Georgian Dream, and not speaking tonight, given the Scores of courts, the President’s own which was a newly formed party sup- lateness of the hour, and I know all of Attorney General, and State elections ported and funded by billionaire oli- my colleagues would have appreciated officials, both Republican and Demo- garch Bidzina Ivanishvili. It was a bat- that greatly. But I thought it was nec- crat, have reached that unequivocal de- tle for Parliament, but also for control essary to speak because I want the cision. of the government. American people, particularly my con- In light of today’s sad circumstances, Senator RISCH and I visited multiple stituents in Ohio, to see that we will I ask my colleague: Do we weigh our polling places on election day, and we not be intimidated, that we will not own political fortunes more heavily agreed with the international assess- disrupted from our work, that here in than we weigh the strength of our Re- ment that that election was free and the citadel of democracy, we will con- public, the strength of our democracy, fair and that Georgian Dream were the tinue to do the work of the people. Mob and the cause of freedom? What is the winners. rule is not going to prevail here. weight of personal acclaim compared But there was real concern in the Now, let’s face it. We did not reclaim to the weight of conscience? country that Saakashvili was going to this Chamber tonight. Brave and self- Leader MCCONNELL said that the vote refuse to give up power—that that less law enforcement officers stood in today is the most important in his 36 would lead to violence, and it would the breach and ensured that the citadel years of public service. Think of that end the nascent democratic reforms of democracy would be protected and after his authorizing two wars and vot- that were happening in that former So- that we would be defended, and we are ing against two impeachments. He said viet Republic. deeply grateful for that—as is the Na- that not because the vote reveals some- So Senator RISCH and I, the day after tion. thing about the election but because the election, went to visit President I have listened carefully to com- this vote reveals something about us. Saakashvili to try and talk him out of ments of my colleagues, and I have lis- I urge my colleagues to move forward staying in power. I remember very tened over the past couple of weeks as with completing the electoral count, to clearly going to his home, and we sat this issue has been discussed, and I tell refrain from further objections, and to down with him, and we pointed out you, for me, it is not a hard decision. I unanimously affirm the legitimacy of that the hallmark of a democracy— stand with the Constitution. I stand the Presidential election. what he had worked so hard for in his with what the Constitution makes Thank you, Mr. President. 8 years as President of Georgia—the clear: The people and the States hold The VICE PRESIDENT. The Demo- hallmark of that was to turn over the power here, not us. cratic leader. power in a peaceful election to the per- My oath to the Constitution and my Mr. SCHUMER. The Senator from son the voters chose. Well, President reverence for our democratic principles New Hampshire, Senator SHAHEEN. Saakashvili listened to us, and he did make it easy for me to confirm these The VICE PRESIDENT. The Senator leave office peacefully. State certifications. from New Hampshire. But it is important that future gen- By the way, I opposed this process Mrs. SHAHEEN. Mr. President, on erations recognize that America—like some 15 years ago, when some Demo- January 3, I, along with 31 of my col- democracies everywhere—depends on a crats chose to object to the electors leagues, stood in this Chamber and peaceful transition of power, on believ- from my home State of Ohio after the swore an oath to support and defend ing in what the voters say, and ensur- 2004 elections. I opposed it then, and I the Constitution of the United States. ing that happens. oppose it now. I said at the time that It is both ironic and deeply dis- Unfortunately, we have heard from Congress must not thwart the will of appointing that only 3 days after some Senators today who have been en- the people. That is what we would be swearing these oaths, some of my col- abling President Trump’s willful dis- doing.

VerDate Sep 11 2014 02:22 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.028 S06JAPT1 sspencer on DSK126QN23PROD with SENATE January 6, 2021 CONGRESSIONAL RECORD — SENATE S27 Let’s assume for a moment that challenges, let’s work together for the ing, and he didn’t feel that they were those who object to the certifications people. fully and effectively engaged. He ended are right, that the Constitution in- The VICE PRESIDENT. The Demo- his speech that day with words that I tended that a bare majority of Mem- cratic leader. think have an eerie relevance tonight. bers of Congress could circumvent the Mr. SCHUMER. Mr. President, I be- Here is what Abraham Lincoln said: States that have chosen to certify the lieve we have 8 minutes left, so I would Fellow-[Americans], we cannot escape his- popular votes of their own State citi- like to divide 4 to Senator KING and 4 tory. We of this Congress and this adminis- zens. I ask the objectors to think about to Senator VAN HOLLEN. tration, will be remembered in spite of our- the precedent that would be set if we The VICE PRESIDENT. That is cor- selves. No personal significance, or insignifi- were to do that. rect. cance, can spare one or another of us. What if the majority in the House The Senator from Maine. And here are his final words: and the Senate were of the other party Mr. KING. Mr. President, Winston The fiery trial through which we pass will when a Presidential candidate of our Churchill once said that he could do a light us down in honor or dishonor to the lat- party came through a close Presi- 2-hour speech extemporaneously, but a est generation. dential election? Would you want a 10-minute speech took immense prepa- The fiery trial through which we Congress controlled by the Democrats ration. I don’t know what he would pass, will light us down in honor or dis- to play the role you now intend for us? have said about a 4-minute speech. honor to the latest generation. It is asking Congress to substitute its We are a 240-year anomaly in world Thank you, Mr. President. judgment for the judgment of the vot- history. We think that what we have The VICE PRESIDENT. The Senator ers and its judgment for the judgment here in this country is the way it has from Maryland. of the States that certified the results. always been. Mr. VAN HOLLEN. Thank you, Mr. And even forgetting the dangerous It is a very unusual form of govern- President. The mob violence and at- precedent that would be set, what ment. The normal form of government tack we saw on our Capitol today would be the basis for objecting in this throughout world history is dictators, should be a wake-up call to each and election? kings, czars, pharaohs, warlords, ty- every one of us of what happens when Look, I voted for President Trump. I rants. And we thought 20 years ago the we fail to come together, not as Demo- supported him because I believe the march of history was toward democ- crats and Republicans but each of us as Trump administration’s policies are racy, but it is in retreat in Hungary Americans, to stand up to a President better for Ohio and for the country. and Turkey—goodness knows, in Rus- who time and again has shown con- And I supported the Trump campaign’s sia. tempt for our democracy, contempt for right to pursue recounts—they had Democracy as we have practiced it is our Constitution. every right to do it—and legal chal- fragile. It is fragile, and it rests upon Today, here on the Capitol, we wit- lenges. trust. It rests upon trust in facts. It nessed people taking down an Amer- I agree that there were instances of rests upon trust in courts, in public of- ican flag and putting up a Trump flag. fraud and irregularities in the 2020 ficials, and, yes, in elections. That is not democracy in the United elections. I think we all do. And by the I don’t sympathize or justify or in States of America. way, there are fraud and irregularities any way—in any way—support—that is As every Senator who has spoken has in every Presidential election. putting it mildly—what happened here mentioned, we have for hundreds of But it is also true that after 2 today, but I understand it. I under- years had a peaceful transfer of power. months of recounts and legal chal- stand it because I saw those people Nobody likes to lose, and supporters of lenges, not a single State recount interviewed today, and they said: We the losing candidate are always dis- changed the result. And of the dozens are here because this election has been appointed. What is different this time? of lawsuits filed, not one found evi- stolen. We all know what is different this dence of fraud or irregularities wide- And the reason they said that is that time. We have a President who, as the spread enough to change the result of their leader has been telling them that Senator from New Jersey said, even be- the election. This was the finding of every day for 2 months. fore a vote was cast, that if he didn’t numerous Republican-appointed judges We cannot afford to pull bricks out win the election, it was going to be a and the Trump administration’s own from the foundation of trust that fraud and every day since then has per- Department of Justice. underlies our entire system. And I petrated that lie. Every State has now weighed in and agree with Governor ROMNEY that the We have a President who just today chosen to certify its electoral slate answer to this problem is to tell people criticized the very loyal Vice Presi- based on the popular vote, as set out in the truth—is to tell them what hap- dent, who is presiding right now, urg- the Constitution. pened. ing him to disregard his responsibil- I understand that many Americans It is easy to confront your opponents. ities under the Constitution of the who would never storm this Capitol It is hard to confront your friends. United States in order to reinstall Don- don’t trust the integrity of the 2020 It is hard to tell your supporters ald Trump as President; the same per- election, don’t think the States should something they don’t want to hear, but son who got on the phone to the sec- have certified, don’t think we should that is our obligation. That is why the retary of state in Georgia and threat- have accepted the results from the word ‘‘leader’’ is applied to people in ened him to change the results of the States, and are insisting on more jobs like ours. It is not supposed to be election. transparency and accountability. easy. It is supposed to be something Mr. President, I read something this In the 2016 elections, lest we forget, that we take on as a sacred obligation, week I never thought I would read in a many Democrats objected to the re- and if people believe something that newspaper in the United States of sults and distrusted the election. isn’t true, it is our obligation to tell America. It was an op-ed by all the liv- I challenge my colleagues on both them: No, I am sorry, it isn’t, just as ing former Secretaries of Defense, in- sides of the aisle to listen but also to Senator PORTMAN just said, as MIKE cluding Secretaries Rumsfeld, Cheney, do our part to try to restore faith in LEE just said: I am sorry we can’t do and Mattis, warning—warning—the our elections. We should all work to this here. We don’t want to do this country about our tradition of peaceful improve the integrity of the electoral here. This is a power reserved to the transfer of power and that it would be system and the confidence of the Amer- States, not to the Congress. inappropriate for the military to take ican people in this bedrock of our great And I agree with the majority leader. sides in the United States of America. democratic Republic. I think this is one of the most impor- We talk to the world about how we Today, I will do my constitutional tant votes any of us will ever take. want to promote democracy and our duty and oppose these efforts to reject On December 1, 1862, Abraham Lin- values, and right here at home too the State-certified results. coln came to this building. He came to many are undermining those values. And tomorrow, in the wake of this this building in the darkest days of the Mr. President, Donald Trump could attack on the Capitol, the pandemic Civil War. He was trying to awaken the not do this alone. He could only do it if that engulfs us, and other national Congress to the crisis that we were fac- he is aided and abetted by individuals

VerDate Sep 11 2014 02:22 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.030 S06JAPT1 sspencer on DSK126QN23PROD with SENATE S28 CONGRESSIONAL RECORD — SENATE January 6, 2021 who are willing to perpetrate those lies disingenuous given that those concerns take a long time and a lot of work to and those conspiracies, and that is why have been fueled by the President’s overcome. It has been a day truly un- it is so important that we as Demo- own baseless conspiracy theories—not worthy of our Nation. crats and Republicans and Senators by the evidence, not by the facts, and I thank the U.S. Capitol Police, the stand up together—stand up together not by State election administrators, U.S. Secret Service, the law enforce- and tell the truth. You know when you both Republicans and Democrats, who ment officers from Washington, DC, go into a court of law, like those 60 actually oversaw these elections and Maryland, and Virginia, the National cases, you are testifying under penalty know what they are talking about. Guard, and others who have protected of perjury. That is very different than President Trump and his allies have this institution and the U.S. Congress here in the House and the Senate, and now lost more than 60 cases in courts today. in all those 60 cases, under penalty of across the country, by judges of every There will be time to say more about perjury, there was no evidence of wide- political stripe, including those ap- today’s events, but I rise now to speak spread fraud. So it should be easy for pointed by the President. The lopsided- about the unprecedented actions today us all together to tell the truth. ness of these decisions has been ex- to attempt to undermine a fairly and On January 20, Joe Biden will be traordinary. It has been nothing less properly conducted democratic elec- sworn in as the next President of the than a wholesale rejection of the Presi- tion. United States. He has said he wants to dent’s claims. But this is not sur- Under our system of government, bring the country together. He has said prising. The President’s own Attorney States bear the primary responsibility he wants to bring Democrats and Re- General said there is no evidence of for runninq elections and certifying publicans together to do some of the widespread fraud. His own Department election results, and that is exactly pressing business of this country, to of Homeland Security described it as what we have seen—all 50 States and defeat this pandemic, to get the econ- the ‘‘most secure election in American the District of Columbia have certified omy going again, to face challenging history.’’ the results of the 2020 Presidential issues of racial and social justice. I President Trump serves no one but election. himself. He is not a custodian or guard- hope we will learn from what happened The results of the election are clear: ian of our democracy. He is a man today—the mob attack on this Cap- Joe Biden and KAMALA HARRIS won. whose every decision is driven by his Challenging these electoral votes itol—the price we pay when we don’t shallow self-interest. I did not expect now is the height of hypocrisy for a stand up for the truth and for democ- him to be gracious in defeat. I expected party that prides itself on States’ racy. James McHenry, Maryland’s delegate him to throw tantrums. I am not even rights. Even worse, today’s actions are based to the Constitutional Convention, surprised that his rhetoric has incited on the faulty premise that this election wrote about a famous exchange in his violence, as it has today. That is who President Trump is; we have all known was somehow tainted by widespread diaries between Elizabeth Willing that for some time. I am surprised and fraud, which is flat out wrong. Powel and Benjamin Franklin. A lady disappointed that so many Members of Protesting these votes today is a dis- asked Dr. Franklin, ‘‘Well, Doctor, this body have let it get this far. After service to our constitutional order and what have we got, a Republic or a mon- he incited rioters and criminal actions the more than 81 million Americans archy?’’ ‘‘A republic,’’ replied Dr. by a mob attacking America’s symbol who voted for Joe Biden and KAMALA Franklin, ‘‘if you can keep it.’’ of democracy, our Capitol, what more HARRIS. My colleagues, this is a test of We must also recognize that today’s whether we unite to keep our Republic. will he do? He should just leave. He has damaged the country enough. actions could echo far beyond this elec- I hope we will pass the test together. Our job today is simply to count the tion. Our democratic Republic has sur- Thank you. votes and to certify that Joe Biden won vived as a result of certain bedrock Mr. LEAHY. Mr. President. January the election. Pretending that Congress principles, including the peaceful 6, 2021, will forever mark a historic day could effectively overturn the will of transfer of power and the right of the for our Nation. Not simply because our the American people has, predictably, people to elect their leaders. beloved Capitol building—the very poured gasoline on an already lit fire. For Congress to challenge the legit- heart of our democracy—laid under We must now get to work to put this imacy of electoral votes because Presi- siege. Not simply because rioters fire out. I am glad that Congress is dent Trump is upset that he lost far ex- stormed the Senate and House floors, taking the first step now—that is, to ceeds our role as envisioned by our assaulting Capitol Police officers and stop with this nonsense and certify this Founding Fathers. leaving a wake of destruction along the election. The next step will be harder. These challenges threaten the very way. Not simply because the President The only way we stand a chance of core of a functioning democracy—that of the United States encouraged his coming together as a country, let alone voters and votes matter. supporters to commit these felonies— making progress for the American peo- If a State’s electoral votes can be set to march to the Capitol and ‘‘to fight,’’ ple, is by working together. aside by Congress based on conspiracy in his words. No, today will also be re- I am thankful to the many Senate theories dreamed up by the President membered because of what happened Republicans who have forcefully re- and his followers, the value of free and before all of that. Today, over 100 Mem- jected this dangerous political stunt, fair elections is damaged. bers of the House and a dozen Senators even before the violence. Your words Mr. President, those who feel they supported a ploy to deprive the States had meaning and sent a message to the needed to protest today’s results say and the American people of their con- country that our democracy will en- they do so because of allegations of stitutional role to choose our next dure. fraud. The problem is, those allega- President—a ploy that amounts to I have served in the Senate for 46 tions all originate from President nothing less than an assault on our years. I can tell you that history will Trump himself. Constitutional republic. remember this sad day. So let us en- The Justice Department found no The President’s obscene claim that sure that it is not just remembered for evidence of widespread fraud. Attorney the election was stolen from him, the destruction, for the President’s General Barr himself said there were which he continued to spout even while recklessness, and for those in Congress no irregularities that could have af- his rioting supporters roamed the Halls who so casually attempted to overturn fected the outcome of the election. of the Capitol today, has been the will of the American people. Let us Likewise, our courts—including the disproven time and again. Every single work together now and certify this Supreme Court—have tossed out law- Senator knows that Vice President election, so this day will also be re- suit after lawsuit filed by President Biden won the election and did so deci- membered for those who stood up and Trump and his allies, more than 60 in sively. Claims that President Trump rejected this dangerous political stunt total. won reelection are not just fantasy; for the good of the Republic and for the I appreciate those Republicans Sen- they are delusional. And citing voters’ good of the American people. ators who have stood up for democracy mistrust in the election results as Mrs. FEINSTEIN. Mr. President. and against these baseless objections grounds for this stunt is particularly Today has been a dark day that will to the election results.

VerDate Sep 11 2014 02:22 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JA6.031 S06JAPT1 sspencer on DSK126QN23PROD with SENATE January 6, 2021 CONGRESSIONAL RECORD — SENATE S29 Senator ROMNEY called it an ‘‘egre- made and that our colleagues lend cre- This past November, the American gious ploy.’’ dence to today: that Venezuela, Cuba, people voted in the highest numbers we Senator TOOMEY said, ‘‘Allegations of and China rigged our country’s voting have seen in our Nation’s history. More fraud by a losing campaign cannot jus- machines in favor of Joe Biden; that than 155 million Americans cast a bal- tify overturning an election.’’ dead people voted in this election and lot in what was a free and fair election. Senator PORTMAN said, ‘‘I cannot they only voted for Joe Biden; and that A clear majority voted for former support allowing Congress to thwart poll watchers and election observers— Vice President Joe Biden over Presi- the will of the voters.’’ who risked their lives during this pan- dent Donald Trump. This was not the And Senator THUNE added, ‘‘It’s time demic to uphold the integrity of our closest election in our Nation’s history for everybody to move on.’’ elections—stuffed ballot boxes with by a long shot. President-Elect Joe He is right; the election is over. Biden votes and shredded Trump votes. Biden won by more than 7 million President-Elect Biden won. Not one—let me repeat—not one of votes. He and Vice President-Elect Especially now, after all of the these things is true. There is no evi- KAMALA HARRIS won 306 electoral events of the day. It is truly time to dence to back up these ridiculous votes. Donald Trump and Mike Pence get to work repairing our country. claims. received 232 electoral votes. Thank you, Mr. President, I yield the Many of these absurd claims from Given the tremendous impact the floor. Donald Trump and his legal team are COVID–19 pandemic has had on our Mr. CARPER. Mr. President, ‘‘free, nothing more than conspiracy theories country, everyone should be over- fair elections are the lifeblood of our circulating online. This misinforma- whelmed that Americans turned out in democracy. Charges of unfairness are tion and dangerous rhetoric from the such strong numbers for this election. serious, but calling an election unfair President and his allies, including calls People should not have to choose be- does not make it so. Charges require for violence, have polluted our dis- tween casting their ballot and pro- specific allegations and then proof. We course and imperiled our peaceful tran- tecting their own health and their fam- have neither here.’’ sition of power. And when our col- ily’s health. The pandemic wreaked Those aren’t my words. Those are the leagues show indifference or outright havoc in so many of our lives for much words of a judge on the U.S. Court of support for these unsubstantiated of last year, which is why our election Appeals for the Third Circuit, rejecting claims and conspiracy theories, they officials in most States responded by President Trump’s legal challenges to lead our nation and our Constitution taking special measures and pre- the Pennsylvania election—a judge down a dangerous path. We all swore cautions to protect the right to vote who, I might add, was a longtime mem- an oath to support and defend our Con- while safeguarding the health and well- ber of the conservative Federalist Soci- stitution—not our political party, and being of voters and election judges ety and was nominated to the bench by certainly not any individual candidate. alike. President Trump. Colleagues, for the safety of our citi- Election security officials, Federal Mr. President, the 2020 presidential zens and our Republic, we must lead by and those in all 50 States and the Dis- election was hard-fought, but the example and turn the temperature trict of Columbia—Democrats, Repub- American people spoke clearly and de- down. It was a hard-fought campaign, licans, and Independents—have all cer- cisively: 81.2 million votes for Joe but the campaign is over, the votes tified that we held a free and fair elec- Biden, 74.2 million votes for Donald have been counted, the count has been tion despite these extraordinary cir- Trump, 51.3 percent of the vote for Joe certified in all 50 States, and in 2 cumstances. The Department of Home- Biden, 46.8 percent of the vote for Don- weeks, on January 20th, Joe Biden and land Security, DHS, stated that the ald Trump, 306 electoral college votes KAMALA HARRIS will be sworn-in as November 3 election was ‘‘the most se- for Joe Biden, 232 electoral college President and Vice-President of the cure in American history’’ and that votes for Donald Trump. United States. ‘‘there is no evidence that any voting Accepting the outcome of an election We have serious and urgent chal- system deleted or lost votes, changed can be difficult when our political lenges that will require working with votes, or was in any way com- party doesn’t win, but calling an elec- our new President and Vice President promised.’’ tion unfair does not make it so. and with one another, including mak- President Trump responded how we More than 60 Federal and State ing sure hundreds of millions of Ameri- would expect a would-be autocrat to re- courts, involving more than 90 judges, cans can be vaccinated, getting our spond, by firing the head of the DHS many of whom were nominated by Re- kids back to school, and getting their agency overseeing election security, publican Presidents, including Presi- parents back to work, just to name a pursuing baseless and groundless law- dent Trump, are all in agreement. No few. suits, and promoting wild conspiracy evidence of widespread fraud, wrong- It is time to stop trying to overturn theories about a rigged election. These doing, or other irregularities have been the will of the people and get back to lawsuits repeatedly have been dis- uncovered during the 2020 election. working on their behalf. missed as frivolous by both State and Unfortunately, some of our col- President Lincoln observed at the Federal judges appointed by both Re- leagues today ask us to do the same end of the Gettysburg Address that publican and Democratic Chief Execu- thing Donald Trump asked of the sec- ours is a ‘‘government of the people, by tives. retary of state of Georgia: to overturn the people, and for the people.’’ Even in There is simply no evidence of wide- the results of the 2020 election without the midst of a Civil War, President Lin- spread voter fraud claims in this elec- specific allegations and without proof. coln put his unwavering faith in ‘‘the tion that can credibly affect the out- Our colleagues are asking us not to people’’ to chart our Nation’s course. come of the election, which even abide by the will of the people but to We would be wise to remember Lin- former U.S. Attorney General William bend to the will of one man, Donald coln’s words in this moment. We are Barr—speaking on behalf of the De- Trump. not a government of Trump, by Trump, partment of Justice—acknowledged. In In 1787, delegates from 13 States con- and for Trump. We are a government of December, the electoral college met to vened in Philadelphia to debate the fu- the people, by the people, and for the certify the results, and all of the ture of our country. Our Founders dis- people. And the people have spoken. States and the District of Columbia agreed on many things, but they did Our only job today is to listen to them. have now regularly reported their re- agree that they didn’t want a King, and Mr. CARDIN. Mr. President, not lik- sults to Congress, pursuant to the 12th they set up an intricate system of ing whom the voters choose to vote for Amendment to the Constitution. checks and balances to ensure that we in an election does not mean it is a In Pennsylvania, a panel of the Third would never have an all-powerful King. fraudulent election. Enabling such talk Circuit Court of Appeals unanimously That system of checks and balances is and actively working to disseminate rejected President Trump’s lawsuit being pushed to a dangerous limit here false information that cripples our gov- making claims that a State court had today, but it will prevail. ernment is in itself a fraud committed already dismissed. Stephanos Bibas—a Here are just some of the claims Don- against the American people and our judge whom President Trump ap- ald Trump and his legal team have Constitution. pointed—wrote, ‘‘Free, fair elections

VerDate Sep 11 2014 04:57 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JA6.008 S06JAPT1 sspencer on DSK126QN23PROD with SENATE S30 CONGRESSIONAL RECORD — SENATE January 6, 2021 are the lifeblood of our democracy. election results, the full U.S. Congress mocracy prevails over chaos. And in Charges of unfairness are serious. But would forcefully condemn such auto- America, those who commit violent calling an election unfair does not cratic and undemocratic moves. acts against our government are held make it so. Charges require specific al- My congressional colleagues who are accountable. These are the values that legations and then proof. We have nei- objecting to the electoral college re- I served to defend in the U.S. Navy and ther here.’’ sults without any evidence or legal that I have sworn an oath to uphold in On Monday, January 4, in the U.S. basis must stop coddling President the Senate, and they have not failed District Court for the District of Co- Trump’s insatiable ego. They must re- us. lumbia, James Boasberg—whom George member their oath is to the Constitu- Our democracy was tested today— W. Bush originally appointed to the tion and not the President. first, by a baseless objection to Arizo- bench—dismissed yet another frivolous Sixty years ago, John F. Kennedy na’s electoral votes, despite the fact lawsuit seeking to stop Congress from warned that people who foolishly seek that Arizona’s elections were fairly ad- certifying President President-Elect power by riding the back of the tiger ministered and certified by a Repub- Joe Biden’s victory when it meets in ultimately end up inside its belly. Peo- lican Governor, a Democratic Sec- joint session to tally the electoral col- ple should heed that advice. It is time retary of state, and public servants at lege votes on Wednesday. to put country before personal every level of government and rep- In a 7-page opinion, Judge Boasberg ambition. resenting both political parties; and noted that the plaintiffs had filed in Mr. TILLIS. Mr. President, the then again when individuals, spurred the wrong court; did not have standing American people should have full faith on by the President, stormed the Cap- to sue; and had made no effort to serve in our election system, which is why I itol in an unpatriotic attempt to over- defendants with the suit, a legal re- led the passage of voter ID legislation turn our election. They will fail. To- quirement. He indicated that he was in North Carolina and why I supported night we will count Arizona’s electoral contemplating referring the case to the President Trump’s right to call for re- votes and those of every other State. Court’s Committee on Grievances ‘‘for counts and bring challenges to the For centuries, our democracy has potential discipline of Plaintiffs’ coun- courts. I share the concerns of many thrived because after elections we have sel.’’ More importantly, he wrote, ‘‘the Americans regarding the lack of secu- come together to find common ground suit rests on a fundamental and obvi- rity of widespread mail-in voting and and solve our challenges, and that is ous misreading of the Constitution.’’ the partisan actions of activist Demo- the work we begin tonight. My focus He concluded, ‘‘It would be risible were cratic lawyers who succeeded in mak- will continue to be on representing Ari- its target not so grave: the under- ing questionable changes to the voting zonans by working with Republicans mining of a democratic election for process while Americans were already and Democrats and the incoming ad- President of the United States.’’ casting their ballots. Even if it wasn’t ministration to beat this virus and re- After being shut down again and enough to change the outcome of the build our economy. again by the courts and State election election, irregularities and fraud are Mrs. LUMMIS. Mr. President, it is officials—the people who run the elec- never acceptable, and they should be the privilege of a lifetime to represent tions—President Trump has continued investigated and prosecuted when ap- the people of Wyoming in this great de- his sordid campaign to undermine the propriate. liberative body. I genuinely look for- rule of law in our Nation. He continues The Framers of our Constitution ward to joining each of you to make a to fan the flames of division in our Na- made it clear that the power to certify difference for the American people and tion, including encouraging fringe ele- elections is reserved to the States, not to uphold my solemn oath to support ments seeking to declare martial law Congress. Refusing to certify State and defend the Constitution. or have the military intervene to over- election results has no viable path to Let me be clear. An attack on our turn the election results. This dema- success, and, most importantly, it Capitol is an attack on our Constitu- goguery led all 10 former Secretaries of lends legitimacy to the left’s stated tion and democracy itself. I strongly Defense who are still living—Repub- policy objective of completely federal- condemn the violence that occurred licans and Democrats alike—to warn izing elections and eliminating the today, which did more to thwart the against any attempt to involve the electoral college. Congress should not democratic process than to protect it. military in pursuing claims of election overstep its constitutional authority Today, many Members of the Senate fraud, arguing that it would take the by overturning the results of States were trying to peacefully use our United States into ‘‘dangerous, unlaw- and the will of American voters, espe- democratic process to ensure each and ful and unconstitutional territory.’’ President Trump and his enablers’ cially absent legitimate requests from every American’s vote counts. In the ceaseless provocations call into ques- States for Congress to intervene. best tradition of the U.S. Senate, we tion whether we can have a peaceful It is a precedent we should not set, will fulfill our constitutional duty and and orderly transition of power in the and NANCY PELOSI and CHUCK SCHUMER complete the electoral count tonight. United States. This concern is not the- should not have the power to set aside In 1833, Senator Daniel Webster said oretical, as we saw today, as a lawless electors after the 2024 election and that ‘‘duty binds . . . the conscience of mob encouraged by the President tem- overrule Federal courts and the Con- the individual member’’ in counting porarily took control of our sacred stitution as they see fit. the votes for President and Vice Presi- Capitol. I was proud to support President dent. Each of us has a solemn duty to President Trump’s recent phone call Trump’s agenda and campaign with ensure that the slate of Presidential to pressure the Georgia secretary of him, and I am deeply disappointed he electors we certify is beyond reproach, state to ‘‘find’’ the votes he needs to was not reelected despite his success in respecting the people’s voice and up- win the State is his latest failure to creating jobs, cutting taxes, securing a holding the Constitution. take care that the laws be faithfully conservative judiciary, reforming the Congress will not overturn the peo- executed. VA, and rebuilding our military. Al- ple’s voice. A president will be inaugu- Historically, American Presidents though I certainly wish the results rated on January 20. Congress cannot have understood that America is a de- were different, Congress cannot change and shall not dictate the results of a mocracy and not an autocracy or a cult them without inflicting irreparable Presidential election to our States. of personality. I find it unfathomable damage to our constitutional Republic. That would be the death of our Repub- that we even need to say that out loud. I will not oppose the certification of lic. Elected legislators cannot, in good the electoral college votes, and I will In the coming months, Congress conscience, allow President Trump to not embolden politicians in the future must take a fresh look at troubling continue to act like a dictator by try- to appoint our Presidents instead of concerns from the election that simply ing to undermine valid election results having the American people duly elect don’t add up. After the 2000 Presi- and trash and burn our Republic on his them. dential election, millions of voters in way out of office. Mr. KELLY. Mr. President. In Amer- Florida felt disenfranchised, and now 74 If a foreign leader acted in such a ica, we have fair elections and peaceful million Americans deserve the assur- blatant way to overturn legitimate transitions of power. In America, de- ance and the dignity that their votes

VerDate Sep 11 2014 02:22 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JA6.010 S06JAPT1 sspencer on DSK126QN23PROD with SENATE January 6, 2021 CONGRESSIONAL RECORD — SENATE S31 count the same as every other Amer- Tim and I have a good relationship. I [T]he President of the Senate shall, in the ican. We owe our first duty to the love TIM SCOTT. In 1876, South Caro- presence of the Senate and the House of Rep- American people, following proce- lina, Louisiana, and Florida sent two resentatives, open all certificates and the dures—like the Electoral Count Act— slates of electors—they had two Gov- votes shall then be counted;-The person hav- ing the greatest number of votes for Presi- used for nearly 150 years. ernors, by the way—and we didn’t dent shall be President. It is my fervent hope that our State know what to do. Why did South Caro- legislatures will consider meaningful lina, Florida, and Louisiana do it? To Where in there does it say that Mike election reform to ensure that our elec- hold the country hostage to end Recon- can say, ‘‘I don’t like the results; I tion laws are applied uniformly, to en- struction. It worked. want to send them back to the States; sure the technology we use is accurate The Commission was 8 to 7. It did I believe there was fraud’’? and secure, and, most importantly, to work. Nobody accepted it. The way it To the conservatives who believe in ensure that all Americans treasure our ended is when Hayes did a deal with the Constitution, now is your chance precious right to vote and feel their these three States: You give me the to stand up and be counted. voices are heard. States are at the very electors. I will kick the Union Army Originalism, count me in. It means center of elections in our country and out. The rest is history. It led to Jim what it says. will remain so. Crow. If you are looking for historical So Mike—Mr. Vice President, just Many ask why Congress should be in- guidance, this is not the one to pick. hang in there. They said: We can count volved in election matters that have If you are looking for a way to con- on Mike. All of us can count on the been considered by the courts. Some vince people there was no fraud, having Vice President. You are going to do the argue that Congress’ role in certifying a commission chosen by NANCY PELOSI, right thing. You are going to do the our Presidential elections is merely MITCH MCCONNELL, and John Roberts is constitutional thing. You have a son ministerial. Under our constitutional not going to get you to where you want who flies F–35s. You have got a son-in- separation of powers, it is too often to go. It ain’t gonna work. So it is not law flying F–18s. They are out there forgotten that Congress has the right going to do any good. It is going to flying so we can get it right here. and duty to interpret the Constitution, delay, and it gives credibility to a dark There are people dying, to my good especially on matters which by the chapter of our history. That is why I friend from Illinois, to make sure we Constitution have been delegated to am not with you, but I will fight to my have a chance to argue among our- Congress, like the electoral count. Con- death for you. You are able to object. selves, and when it is over, it is over. It gress interpreted the Twelfth Amend- You are not doing anything wrong. is over. ment in passing the Electoral Count Other people have objected. I just The final thing. Joe Biden. I have Act in 1887 and continues to breathe think it is a uniquely bad idea to delay traveled the world with Joe. I hoped he new life into these provisions by its ac- this election. lost. I prayed he would lose. He won. tions today. Our Founders understood Trump and I have had a hell of a He is the legitimate President of the Congress would play a key role in de- journey. I hate it being this way. Oh, United States. I cannot convince peo- bating constitutional issues as a co- my God, I hate it. From my point of ple, certain groups, by my words, but I equal branch of government. Thomas view, he has been a consequential will tell you by my actions that maybe Jefferson commented in an 1819 letter President. But today, the first thing I, above all others in this body, need to that ‘‘each of the three departments [of you will see, all I can say is, count me say this. Joe Biden and KAMALA HARRIS government] has equally the right to out. Enough is enough. I tried to be are lawfully elected and will become decide for itself what is its duty under helpful. But when the Wisconsin su- the President and the Vice President of the Constitution.’’ preme court ruled 4 to 3 that they the United States on January the 20th. I remain deeply concerned that the didn’t violate the Constitution of Wis- (Applause, Senators rising.) electoral votes of the Commonwealth consin, I agreed with the three, but I The VICE PRESIDENT. The majority of Pennsylvania were not ‘‘regularly accept the four. If Al Gore can accept 5 leader. given’’ under Pennsylvania law, as re- to 4 he is not President, I can accept Mr. MCCONNELL. Mr. President, I quired by the Electoral Count Act. Se- Wisconsin 4 to 3. yield back the balance of our time. rious concerns have been raised about Pennsylvania went to the Second Cir- the constitutionality of Pennsylvania’s cuit. So much for all the judges being VOTE ON OBJECTION TO COUNTING OF ARIZONA ELECTORAL VOTES vote-by-mail statute. Also, Pennsyl- in Trump’s pocket. They said: No, you The VICE PRESIDENT. All time has vania election law may have been ap- are wrong. I accept the Pennsylvania plied unevenly by State officials, in- Second Circuit that Trump’s lawsuit expired. cluding signature verification and wasn’t right. The question is, Shall the objection voter identification requirements. Georgia, they said the secretary of submitted by the gentleman from Ari- In 2005, Senator Barbara Boxer and state took the law in his own hands, zona, Mr. GOSAR, and the Senator from the late Representative Stephanie and he changed the election laws un- Texas, Mr. CRUZ, and others be sus- Tubbs Jones objected to the slate of lawfully. A Federal judge said no. I ac- tained? electors from Ohio. They rightfully cept the Federal judge, even though I Mr. MCCONNELL. Mr. President, I drew attention to the fact that many don’t agree with it. ask for the yeas and nays. African-Americans and other commu- Fraud. They say there is 66,000 people The VICE PRESIDENT. Is there a nities suffered disproportionate wait in Georgia under 18 voting. How many sufficient second? times at the polls, broken voting ma- people believe that? I asked: Give me There is a sufficient second. chines, and high ballot rejection rates. 10. I haven’t had one. They said 8,000 The clerk will call the roll. Raising this objection led to some of felons in prison in Arizona voted. Give The senior assistant legislative clerk these issues being remedied and more me 10. I haven’t gotten one. called the roll. Americans having the precious oppor- Does that say there are problems in The result was announced—yeas 6, tunity to vote. That is a legacy our every election? I don’t buy this. nays 93, as follows: Senate and every American should Enough is enough. We got to end it. [Rollcall Vote No. 1 Leg.] value today. Vice President PENCE, what they are YEAS—6 asking you to do, you won’t do because Thank you. Cruz Hyde-Smith Marshall The VICE PRESIDENT. The majority you can’t. Hawley Kennedy Tuberville Talk about interesting times. I asso- leader. NAYS—93 Mr. MCCONNELL. Mr. President, I ciate myself with RAND PAUL. How yield 5 minutes to the Senator from many times will you hear that? The Baldwin Brown Coons Barrasso Burr Cornyn South Carolina, Senator GRAHAM. mob has done something nobody else Bennet Cantwell Cortez Masto The VICE PRESIDENT. The Senator could do to get me and Rand to agree. Blackburn Capito Cotton from South Carolina. Rand is right. If you are a conserv- Blumenthal Cardin Cramer Mr. GRAHAM. Many times, my State ative, this is the most offensive con- Blunt Carper Crapo Booker Casey Daines has been the problem. I love it. That is cept in the world that a single person Boozman Cassidy Duckworth where I want to die but no time soon. could disenfranchise 155 million people. Braun Collins Durbin

VerDate Sep 11 2014 02:22 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JA6.020 S06JAPT1 sspencer on DSK126QN23PROD with SENATE S32 CONGRESSIONAL RECORD — SENATE January 6, 2021 Ernst Loeffler Sasse worthiness of a State’s election proc- time and again, and they lost repeat- Feinstein Luja´ n Schatz Fischer Lummis Schumer ess, which it does not, rejecting Penn- edly, often in unanimous, bipartisan Gillibrand Manchin Scott (FL) sylvania’s electoral votes would still be decisions. Graham Markey Scott (SC) wildly out of proportion to the pur- Some of the objectors also cite Grassley McConnell Shaheen ported offenses and very damaging to Congress’s own failure to investigate Hagerty Menendez Shelby Harris Merkley Sinema our Republic. allegations of election irregularities, Hassan Moran Smith Let me go through a few facts about and that is their justification for refus- Heinrich Murkowski Stabenow Pennsylvania. ing to certify the election results. But Hickenlooper Murphy Sullivan First, some of the objectors and, in the allegations of election irregular- Hirono Murray Tester Hoeven Paul Thune fact, even the President of the United ities and fraud have been investigated. Inhofe Peters Tillis States this morning have observed that They have been adjudicated. They were Johnson Portman Toomey the Pennsylvania Supreme Court dis- adjudicated in the States in which they Kaine Reed Van Hollen regarded existing law when it ruled were alleged to have occurred. Kelly Risch Warner King Romney Warren that mail-in ballots could be counted In Pennsylvania, the Trump cam- Klobuchar Rosen Whitehouse even if they arrived up to 3 days after paign took their case of election irreg- Lankford Rounds Wicker election day. ularities into the courtroom of Judge Leahy Rubio Wyden Matthew Brann of the Federal district Lee Sanders Young Now, the objectors are right about that. In my view, the Supreme Court of court. Judge Brann is a conservative The VICE PRESIDENT. On this vote, the United States should overturn that Republican Federalist Society member. the yeas are 6, the nays are 93. illegal decision. But only 10,097 ballots Here is what he said about the Trump The objection is not sustained. arrived in Pennsylvania during the 3 campaign case: The Secretary will notify the House days after the election, and those 10,097 This court has been presented with of the action of the Senate, informing ballots have been excluded from the strained legal arguments without merit and that body that the Senate is now ready vote count that resulted in President- speculative accusations . . . unsupported by to proceed to joint session for further evidence. In the United States of America, Elect Biden winning Pennsylvania by counting of the electoral vote for this cannot justify the disenfranchisement of about 80,000 votes. What greater rem- President and Vice President. a single voter, let alone all [the] voters of edy could the objectors possibly want The majority leader. the sixth most populated state. than the complete exclusion of the Mr. MCCONNELL. So, colleagues, So the campaign then appealed Judge here is where we are. We have a few late-arriving ballots? How could we Brann’s decision to the Third Circuit, more speakers now as we wait for the possibly invalidate the entire Pennsyl- and they drew a three-judge panel, all House to finish their debate and vote. vania election over 10,000 votes that Republican-appointed judges, one ap- We expect the House to finish voting were not even included in the vote pointed by President Trump. The panel on Arizona between 11:30 and midnight. count? concurred with Judge Brann. A second charge we heard—and the f Certainly there were irregularities in Senator from Missouri alluded to it this election—there always are—but MORNING BUSINESS this evening—is that a 2019 Pennsyl- there is no evidence of significant Mr. MCCONNELL. Mr. President, I vania law that allows mail-in ballots fraud, conspiracies, or even significant ask unanimous consent that the Sen- for any reason—that that might vio- anomalies that cast any serious doubt ate be in a period of morning business, late the Pennsylvania Constitution. on who actually won the election. with the following Senators permitted First of all, as Senator CASEY observed, You know, one of the ways you can to speak therein for up to 5 minutes this was a bipartisan law passed with tell is to look at the big picture in each: Senator TOOMEY, Senator RUBIO, nearly unanimous Republican support. Pennsylvania. Look at what happened. and Senator COLLINS. Clearly, the State legislators and the In 2016, President Trump won Pennsyl- Mr. SCHUMER. And on our side, Sen- Governor believe it is consistent with vania by eight-tenths of 1 percent. In ators WYDEN, HIRONO, and COONS. the Pennsylvania Constitution. 2020, he lost Pennsylvania by a little The PRESIDING OFFICER (Mr. Secondly, this law was not chal- over 1 percent. Is there anything at all BOOZMAN). Without objection, it is so lenged when it was passed. It wasn’t that is implausible or surprising about ordered. challenged when it was applied during a 2-percent change in the election out- The PRESIDING OFFICER. The Sen- the June primary election. It was chal- come? ator from Pennsylvania. lenged only after President Trump lost Relative to 2016, in Pennsylvania the f the general election. But 2.6 million President lost a little ground in most Pennsylvanians voted by mail-in ballot of the rural counties he had carried. He OBJECTION TO COUNTING OF in the general election. Over 37 percent lost a lot of ground in the big suburban PENNSYLVANIA ELECTORAL of Pennsylvania voters, in good faith, counties, and he slightly narrowed his VOTES relied on a law to cast their votes, as large loss in Philadelphia. There are no Mr. TOOMEY. Mr. President, I appre- they had done previously. Now, I un- surprises here. This reflects a pattern ciate the indulgence of my colleagues derstand you can make a theoretical that occurred all across the country. allowing me to speak twice today. But argument about whether this is con- My colleagues, as I have said, it is my understanding is that later this sistent with Pennsylvania’s Constitu- not our responsibility to sit in judg- evening, objectors will object to the tion, and that needs to be resolved for ment of State election procedures in certification of Pennsylvania’s elec- future elections. But because of this the first place, but if it were, there toral votes because they disapprove of constitutional question that some peo- would not be nearly sufficient reason the process that my State used in the ple have, the objectors want to prevent to deny my constituents their right to last election. So in light of my expec- Pennsylvania voters from participating participate in this Presidential elec- tation of this objection, I rise to defend in the Presidential election entirely. tion. the right of my citizens, my constitu- That would be an outrageous remedy Joe Biden won the election. That is ents, to vote in the Presidential elec- to this purported offense. not what I had hoped for, but that is tion. A third charge we have heard is that what happened. It was an honest vic- Let’s be clear. That is exactly what Pennsylvania officials did not properly tory with the usual minor irregular- this objection is about. It is what it implement Pennsylvania election law ities that occur in most elections. would do. It would overturn the results in a variety of other ways. But the We witnessed today the damage that of the Presidential election in Pennsyl- Trump campaign has shown that many can result when men in power and re- vania, and it would thereby deny Penn- of these issues have—well, first of all, sponsibility refuse to acknowledge the sylvania’s voters the opportunity to none of these issues would have truth. We saw bloodshed because the even participate in the Presidential changed the election outcome, but demagogue chose to spread falsehoods election. more importantly, the campaign had and sow distrust of his own fellow Even if Congress did have the con- many opportunities, of which it availed Americans. Let’s not abet such decep- stitutional responsibility to judge the itself, to litigate these issues. They did tion. Let’s reject this motion.

VerDate Sep 11 2014 02:22 Jan 08, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JA6.011 S06JAPT1 sspencer on DSK126QN23PROD with SENATE