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January 6, 2020 CONGRESSIONAL RECORD — SENATE S13 EXECUTIVE SESSION move to bring to a close debate on the nomi- was carried out with insufficient trans- nation of Eleni Maria Roumel, of Maryland, parency, without consultation of Con- to be a Judge of the United States Court of gress, and without a clear plan for EXECUTIVE CALENDAR Federal Claims for a term of fifteen years. what comes next. Mitch McConnell, , Thom President Trump had promised to Mr. MCCONNELL. Mr. President, I Tillis, , Lamar Alexander, move to proceed to executive session to , Roger F. Wicker, Pat keep the United States out of endless consider Calendar No. 329. Roberts, , Cindy Hyde- wars in the Middle East. The Presi- The PRESIDING OFFICER. The Smith, , , dent’s actions, however, have seem- question is on agreeing to the motion. , , Steve ingly increased the risk that we could Daines, , . be dragged into exactly such a war. It The motion was agreed to. is indicative of President Trump’s for- The clerk will report the nomination. f eign policy record, which is riddled by The legislative clerk read the nomi- LEGISLATIVE SESSION chaotic, uninformed, erratic, and im- nation of Matthew H. Solomson, of pulsive decision-making without ade- Maryland, to be a Judge of the United Mr. MCCONNELL. Mr. President, I quate consideration for the con- States Court of Federal Claims for a move to proceed to legislative session. sequences. term of fifteen years. The PRESIDING OFFICER. The question is on agreeing to the motion. In just about every foreign policy MOTION The motion was agreed to. area President Trump touches, we are Mr. MCCONNELL. Mr. President, I worse off than we were before he start- send a cloture motion to the desk. f ed with it. Whether it is with China, The PRESIDING OFFICER. The clo- EXECUTIVE SESSION North Korea, Syria, , the Presi- ture motion having been presented dent has careened from one impulsive under rule XXII, the Chair directs the action to the next, with no coherent clerk to read the motion. EXECUTIVE CALENDAR strategy. North Korea today—despite The legislative clerk read as follows: what President Trump said, we don’t Mr. MCCONNELL. Mr. President, I LOTURE OTION have to worry about them—is a greater C M move to proceed to executive session to nuclear threat than they have ever We, the undersigned Senators, in accord- consider Calendar No. 525. been. Trump’s actions have been disas- ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Standing Rules of the Senate, do hereby trous. North Korea has more nuclear question is on agreeing to the motion. move to bring to a close debate on the nomi- weapons, and, by all reports, has either The motion was agreed to. nation of Matthew H. Solomson, of Mary- developed or is very close to developing The clerk will report the nomination. land, to be a Judge of the United States an ICBM that can hit the U.S. main- Court of Federal Claims for a term of fifteen The legislative clerk read the nomi- land. That is a result of President years. nation of Michael George DeSombre, of Trump’s bumbling. Mitch McConnell, Mike Crapo, Thom Illinois, to be Ambassador Extraor- Tillis, Mike Rounds, Lamar Alexander, The situation in Syria is much worse dinary and Plenipotentiary of the than before. Doing what he did in John Hoeven, Roger F. Wicker, Pat United States of America to the King- Roberts, John Thune, Cindy Hyde- Syria, pulling out those troops, made Smith, John Boozman, Tom Cotton, dom of Thailand. no sense to anybody, even the most Chuck Grassley, Kevin Cramer, Steve CLOTURE MOTION hawkish foreign policy people we have, Daines, Todd Young, John Cornyn. Mr. MCCONNELL. Mr. President, I and every time the President seems to f send a cloture motion to the desk. deal with Putin, Putin seems to come The PRESIDING OFFICER. The clo- out ahead. Looking at the President’s LEGISLATIVE SESSION ture motion having been presented chaotic and rudderless foreign policy in Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the hotspots around the globe, it is hard to move to proceed to legislative session. clerk to read the motion. conclude that any of the situations are The PRESIDING OFFICER. The The legislative clerk read as follows: better off than when the President question is on agreeing to the motion. CLOTURE MOTION took office 3 years ago. His policies The motion was agreed to. We, the undersigned Senators, in accord- seem to be characterized by erratic, f ance with the provisions of rule XXII of the impulsive, and often egotistical behav- Standing Rules of the Senate, do hereby ior, with little regard to a long-term EXECUTIVE SESSION move to bring to a close debate on the nomi- strategy that would advance the inter- nation of Michael George DeSombre, of Illi- ests of the United States. nois, to be Ambassador Extraordinary and At times like this, it is essential for EXECUTIVE CALENDAR Plenipotentiary of the United States of Congress to provide a check on the America to the Kingdom of Thailand. President and assert our constitutional Mr. MCCONNELL. Mr. President, I Mitch McConnell, John Boozman, James move to proceed to executive session to M. Inhofe, , , role in matters of war and peace. In my consider Calendar No. 462. Todd Young, , Mi- view, President Trump does not—does The PRESIDING OFFICER. The chael B. Enzi, , John not—have authority to go to war with question is on agreeing to the motion. Cornyn, , Lindsey Gra- . There are several important The motion was agreed to. ham, Chuck Grassley, , pieces of legislation that seek to, The clerk will report the nomination. Roger F. Wicker, . again, assert Congress’s authority and The legislative clerk read the nomi- Mr. MCCONNELL. I ask unanimous prerogative on these matters. Senator KAINE has a War Powers Res- nation of Eleni Maria Roumel, of Mary- consent that the mandatory quorum olution that would force a debate and land, to be a Judge of the United calls be waived. vote in Congress to seek to prevent fur- States Court of Federal Claims for a The PRESIDING OFFICER. Without ther escalation of hostilities with Iran. term of fifteen years. objection, it is so ordered. That resolution will be privileged, so it RECOGNITION OF THE DEMOCRATIC LEADER CLOTURE MOTION will have to come to the floor. My col- The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I leagues, we are going to vote on it. Democratic leader is recognized. send a cloture motion to the desk. Senator SANDERS has introduced a The PRESIDING OFFICER. The clo- IRAN bill that would block funding for the ture motion having been presented Mr. SCHUMER. Mr. President, it has war with Iran. I am supportive of both under rule XXII, the Chair directs the been 4 days since the United States Senator KAINE’s and Senator SANDERS’ clerk to read the motion. carried out a military operation that efforts, and I urge the Senate to con- The legislative clerk read as follows: killed Major General Qasem Soleimani, sider both in the coming days. CLOTURE MOTION the commander of the Islamic Revolu- Additionally, the Trump administra- We, the undersigned Senators, in accord- tionary Guard Corps Quds Force. In the tion must start acting with greater ance with the provisions of rule XXII of the days since, I have become increasingly transparency. By law, the Trump ad- Standing Rules of the Senate, do hereby alarmed about the strike, a strike that ministration must make a notification

VerDate Sep 11 2014 01:24 Jan 07, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G06JA6.005 S06JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S14 CONGRESSIONAL RECORD — SENATE January 6, 2020 to Congress when it conducts a mili- the tweeting and all of the bravado is trial or a coverup? Will we hear the tary operation like the one last Friday. no substitute for strategic thinking evidence, or will we try to hide it? It That is known as a War Powers Act no- and long-term foreign policy goals and will not be me and not the Republican tification. Unusually, the Trump ad- ways to achieve those goals. This ad- leader alone but a majority of Senators ministration made the notification on ministration seems to be devoid of who will decide whether we have a fair Saturday, after the action occurred, that. It certainly was when it came to trial with facts and evidence or a Sen- and then they did it in a completely North Korea. It certainly was when it ate-sponsored coverup of the Presi- classified format. came to Syria. It certainly is when it dent’s alleged misconduct. Let me be clear. An entirely classi- comes to Russia, and it seems likely Make no mistake—there will be votes fied notification—in the case of this the same case is now occurring with on whether to call each of the four wit- particular military operation—is sim- Iran. nesses we proposed and subpoena the ply not appropriate, and there appears At a minimum, the questions I men- documents we have identified. Under to be no legitimate justification for tioned must be answered. This is an the rules of the Senate trial, the mi- classifying this notification. important moment for our Nation. The nority will be able to offer motions Ranking Member MENENDEZ and I American people need clarity that the subject to a majority vote. sent a letter to the President urging Trump administration has a plan—not My colleagues on the other side of declassification. It is critical that na- just a tweet but a plan—to keep our the aisle, your constituents and the tional security matters of such impor- troops, our Nation, and our people safe. voice of history are watching. You will tance—war and peace and the possi- IMPEACHMENT be required to vote on whether we have bility of another ‘‘endless war’’ in the Mr. President, as my colleagues re- a fair trial with witnesses and with Middle East—that knowledge of the ac- turn from the holiday recess, one ques- documents, or you will say: I am run- tions and justification should be shared tion looms before us: Will the Senate ning away from the facts. I am scared with the American people in a timely conduct a fair impeachment trial of of the facts. I will go for a coverup. manner. It is Americans who will be the President of the United States? A few hours ago, the momentum for asked to pay for such a war if it occurs. Will we search for all of the facts, or uncovering the truth in a Senate trial It is American soldiers who will brave- will we look for a coverup—a sham gathered even more momentum. One of ly risk their lives once again. trial—on one of the most important the key witnesses I have asked for, Mr. The reason the Founding Fathers powers the Founding Fathers gave the John Bolton, former National Security gave Congress war-making authority is American people? Advisor to President Trump, correctly very simple: They were afraid of an The Framers gave the Senate the acknowledged that he needs to comply overreaching Executive. They wanted sole power to try Presidential impeach- with a Senate subpoena for his testi- to make sure that any act as impor- ments because they could not imagine mony, if issued. Previously, Mr. Bolton tant as war—war and peace—be dis- another body with ‘‘confidence said he was leaving the question of his cussed in an open manner by the Con- enough’’ in its own status to ‘‘preserve testimony up to the courts. Today, he gress so it could be vetted, so questions the necessary impartiality.’’ It is up to made it perfectly clear that he will could be asked, so a small, insular every Senator now to live up to that come if the Senate asks, as he should. group—and the President’s group awesome and profound responsibility. The other potential witnesses we have seems even more and more insular be- At the moment, there is a very clear identified—Mr. Mulvaney, Mr. Duffey, cause anyone of strength and courage, difference of opinion between the Re- and Mr. Blair—should do the same. people like Mattis and McMaster, who publican leader and myself about what We know that Mr. Bolton, like Mr. disagrees with the President because it means to have a fair trial. I believe Mulvaney, Mr. Duffey, and Mr. Blair— he is so erratic leaves, leaving a bunch a fair trial is one that considers all the the three other witnesses—has crucial, of ‘‘yes’’ people who seem to want to do relevant facts and allows relevant wit- eyewitness knowledge of the Presi- whatever the President wants. That nesses and documents—a feature of dent’s dealings with Ukraine, about means having a debate in Congress every single impeachment trial of a how decisions were made to withhold where questions are asked and coming President in the history of our Nation. security assistance and how opposition to the American people so that people We have never had one with no wit- within the administration to that can hear a justification and see if it is nesses—not once. delay President Trump seemed to want actually a valid one is vital. Leader MCCONNELL likes to cite was overcome. The administration still has to an- precedent. That precedent stares him A simple majority is all it takes to swer several very crucial questions in the face, and he can’t answer it. My ensure that the Senate issues a sub- about their actions last week. Iran has Republican counterpart believes that a poena for these witnesses. If only four many dangerous surrogates in the re- trial should feature no relevant wit- Republicans decide that Mr. Bolton and gion and a whole range of possible re- nesses and none of the relevant docu- the three other witnesses ought to be sponses. Which responses do we expect? ments. He has made clear in his public heard, they will be heard, because Which are the most likely? What do we appearance on FOX News that it should every Democrat will vote to hear them. know about what Iran would plan to do proceed according to the desires of the It is now up to four Senate Republicans in retaliation, and what are our plans —the defendant in this to support bringing in Mr. Bolton and to counter all of these responses? How case. Glaringly, the Republican leader the three other witnesses, as well as effective does our military, does our has yet to make one single argument the key documents we have requested, CIA, does our State Department think why witnesses should not testify. to ensure that all the evidence is pre- these responses will be? I am waiting to hear it, Leader sented at the outset of the Senate The next question is, What does this MCCONNELL. Give us specific answers trial. action mean for the long-term stability why these witnesses should not come Given that Mr. Bolton’s lawyers have for ? What does it mean for our forward. Don’t call names. Don’t fin- stated he has new and relevant infor- presence in Iraq? What does it mean to ger-point. Don’t get angry at NANCY mation to share, if any Senate Repub- the trillions of dollars—trillions—and PELOSI. Tell us why, here in the Sen- lican opposes issuing subpoenas to the thousands of American lives sacrificed ate, witnesses and documents should four witnesses and documents we have there? How does what we are doing now not come forward that are directly rel- requested, they would make it abso- fit into that? How does the administra- evant to the charges against the Presi- lutely clear they are participating in a tion plan to manage any escalation of dent of the United States of America. coverup on one of the most sacred du- the hostilities? How does the adminis- Leader MCCONNELL has sort of ex- ties we have in this Congress—in this tration plan to avoid a larger and po- empted himself from fair debate. He Senate—and that is to keep a President tentially endless conflagration in the doesn’t want a fair trial; he wants a in check. Middle East? quick and sham trial. Now it is up to Leader MCCONNELL has suggested we These are crucial questions. Not one every Senator. Every Senator will have follow the 1999 example of beginning has been answered by the President or a say in deciding which of the two the impeachment trial first and then anyone in the administration. All of views wins out. Will we have a fair deciding on witnesses and documents

VerDate Sep 11 2014 01:24 Jan 07, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G06JA6.011 S06JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 6, 2020 CONGRESSIONAL RECORD — SENATE S15 after the arguments are complete. He nesses to come forward. Join us in ask- under the Constitution to engage in keeps making this argument. It doesn’t ing for the documents. What are you foreign relations, and the other was gather any steam because it is such a hiding, President Trump? What are you based on this bogus idea that by say- foolish one. Let me again respond for afraid of, President Trump? If you ing: I need to go to court to get some the benefit of my colleagues. think that you have done nothing direction on a claim of executive privi- Witnesses and documents are the wrong, you wouldn’t mind having your lege, that somehow, even though Mr. most important issue, and we should own witnesses come here. These are SCHIFF dropped the subpoena or no deal with them first. To hear Leader people you appointed. longer sought that witness’s testi- MCCONNELL say ‘‘no witnesses now but Most Americans know that President mony, one has obstructed Congress’s maybe some later’’ is just another indi- Trump seems to be afraid of the truth. investigation. All of this was without cation that he has no argument against And 64 percent of all Republicans who even alleging any crime. witnesses and documents on the mer- almost always side with President I suggest that the Senate is an insti- its. He is afraid to address the argu- Trump in the polling data say there tution that follows the rules and that ment because he knows it is a loser for should be witnesses and documents—64 we follow our precedents. The most ob- him, so he says: Let’s decide it later. percent. A trial without all the facts is vious precedent for this impeachment Why? There is no reason. In fact, it is a farce. The verdicts of a kangaroo trial is the Clinton impeachment trial. sort of backward. We are going to have court are empty. There, we saw 100 Senators agree to a all the arguments—pro and con—then It is time for a bipartisan majority in procedure which allowed both sides to say maybe we will have witnesses and this Chamber, Democrat and Repub- present their cases, after which there documents? We will have the argu- lican, to support the rules and proce- was a vote to see whether additional ments first and the evidence later? As dures of a fair trial. A vote to allow testimony would be required. Indeed, there was an agreement to provide I have said, Leader MCCONNELL’s view witnesses and documents does not pre- of the trial is an ‘‘Alice in Wonder- sume a vote for conviction in any way. three additional witnesses, not live, in a circuslike atmosphere here on the land’’ view—first the trial, then the It merely ensures that when the ulti- floor of the Senate, but through deposi- evidence. mate judgment is rendered, whatever tions taken out of court that could More important than precedent is the that judgment will be, it will be based then be out of the Chamber, whereby fact that his analogy plainly doesn’t on the facts. We don’t know what the excerpts of those depositions could be make sense because you don’t have witnesses will say; it could be excul- offered as additional evidence. That both sides present their arguments patory for President Trump or it could was the procedure that was supported first and then afterward ask for the be more condemning. Whatever it will by the Democratic leader, the Senator evidence that we know is out there. be, we should have the facts come out from New York. I suggest that what The evidence should inform the trial, and let the chips fall where they may. was fair for President Clinton is fair not the other way around. The Senate Democrats believe we must for President Trump. It is not much When Leader MCCONNELL proposes conduct a fair trial. As for the Senate more complicated than that, and that, that we follow the 1999 precedent, he is Republicans, we will see. indeed, is the most relevant precedent. essentially arguing that we should con- I yield the floor. With regard to this claim that some duct the entire impeachment trial first The PRESIDING OFFICER (Ms. Senators aren’t demonstrating impar- and then once it is over, decide on ERNST). The Senator from Texas. tiality, I recall reading that the Sen- whether we need witnesses and docu- Mr. CORNYN. Madam President, I ator from New York, when he was run- ments. Again, MCCONNELL’s view is have some prepared remarks regarding ning against incumbent Senator ‘‘Alice in Wonderland,’’ where we first the Soleimani strike and some other D’Amato, said a vote for him for the have the trial and then the evidence. If related matters, but I want to take a Senate would be a guaranteed vote of the Senate were to agree to Leader moment and just respond briefly to my acquittal of President Clinton. That MCCONNELL’s proposal, the Senate friend, the Democratic leader. was hardly impartial. Now he protests would act as little more than a nation- There seems to be a lot of irony in- too much and, I think, demonstrates ally televised meeting of a mock trial volved in this question of the Articles his hypocrisy when it comes to the club. of Impeachment. First of all, of course, standard by which he holds himself and Leader MCCONNELL’s proposal on wit- Speaker PELOSI, who said this is an ur- others. nesses and documents later is a poorly gent fulfilling of a constitutional duty I am sorry. I just can’t believe that disguised trap. He has already actually and who wanted the Articles of Im- Senator WARREN and Senator SANDERS made clear what his goals are. He said peachment voted on in the House, has would qualify under anybody’s defini- it on FOX News radio: ‘‘After we’ve been radio silent and appears to be get- tion of an impartial juror. Yet that is heard the arguments, we ought to vote ting cold feet on whether or not she our constitutional system. I think and move on’’ with no witnesses and no will even send the Articles of Impeach- what has happened is that they realize documents. ment to the Senate. their case is falling short of any stand- Well, at least 47 Democrats and I I would suggest that the first thing ard by which a President would be con- hope some Republicans won’t fall for we need to know is if Speaker PELOSI is victed and impeached, and they are that kind of specious logic. What actually serious about this. If she is simply grasping at straws. MCCONNELL said doesn’t sound like not, there is no occasion for us to even IRAN someone who will reasonably consider begin this conversation about how the Madam President, on another mat- witnesses and documents at a later Senate trial will proceed. Speaker ter, last Friday, Americans woke up to date; he sounds more like someone who PELOSI is mistaken if she thinks she the news that one of the most brutal has already made up his mind. can direct or influence the Senate’s de- terrorist leaders in the world had been You cannot have a fair trial without cision on how the trial will proceed. In killed. Qasem Soleimani was killed in the facts and without the testimony fact, one of the things I am pretty sure an airstrike by America’s military, fi- from witnesses with knowledge of the of is that the Senate will not replicate nally bringing an end to his decades- events and related documents. A trial the circuslike atmosphere of the im- long reign of terror. without all the facts is a farce. peachment inquiry in the House, which You could legitimately call General If the President is acquitted at the was one of the most partisan under- Soleimani a master of disaster because end of a partisan sham trial with no takings I have seen in my time in the that defined his entire professional life witnesses and no documents, then his Senate. as the leader of Iran’s military. Actu- acquittal will not carry much weight I think they are really grasping at ally, he was the head of the Islamic in the minds of the American people or straws now and are recognizing they Revolutionary Guard Corps Quds in the judgment of history. did a poor job in developing the case Force, which is a U.S.-designated ter- President Trump, if you are hurting that led to the two Articles of Im- rorist organization. General Soleimani about this impeachment and you are peachment. One was because of a dis- was the most consequential military wishing for a fair trial and a real ac- agreement over the manner in which leader in Iran, which has been des- quittal, join us in asking for the wit- the President exercised his authority ignated by the U.S. State Department

VerDate Sep 11 2014 02:38 Jan 07, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G06JA6.013 S06JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S16 CONGRESSIONAL RECORD — SENATE January 6, 2020 as a state sponsor of international ter- women in uniform make each day as the decisive action taken by President rorism since 1984. General Soleimani well as the perilous threat posed by Trump, he is gone. orchestrated Iran’s efforts to squash Iran under Soleimani’s leadership. I fully support this move by the democracy movements both at home For decades, since the Iranian Revo- President, and I commend the Presi- and abroad by any means necessary. He lution in 1979, Tehran has waged war dent’s willingness to send a strong and his army of terrorists exported vio- against the United States and our al- message of deterrence to the terrorist lence around the region and engaged in lies, and recent reports indicate that threat in the Middle East, particularly gross human rights violations against Soleimani was in the process of plot- against the United States, our citizens, the Iranian people. ting even more acts of aggression and our interests. If you are curious how the Iranian against the United States and U.S. in- Finally, I join my fellow Senators in Government treats its own citizens, terests, which is hardly surprising, thanking the brave men and women in just look at the recent protests that though, since he had been doing that uniform who fought and continue to started as complaints over increased for many years. That is precisely why fight terrorist acts brought about by gas prices. When the Iranian citizens he was targeted. people like General Soleimani and the took to the streets in peaceful protest, Just as quickly as the news of this Quds Force as part of the IRGC. I espe- the Ayatollah, the Supreme Leader, attack spread, so did anti-Trump rhet- cially thank those who are fighting and called them enemy agents and thugs, oric. Instead of celebrating the fact who are prepared to defend our inter- and the government attacked. As many that Iran’s chief terrorist was dead and ests in the Middle East today. as 450 Iranians were killed in those could kill no more, a number of our America must never back down in peaceful protests, with some 2,000 in- Democratic colleagues chose to bash the face of this evil. Our world is safer jured and 7,000 detained. This is not a the President instead. They claimed today because Qasem Soleimani is government that is protecting its peo- his action was unauthorized, even ille- dead. It would not have been possible ple; it is a network of criminals that gal, or that he should have sought con- without the actions that President masquerades as a government. One of gressional approval beforehand. None Trump has undertaken or without the the Ayatollah’s most loyal henchmen of that is true. The President not only resolve of our military leaders and our was Soleimani. has the authority under the Constitu- courageous servicemembers who put In addition to leading attacks on the tion but the responsibility to defend their lives on the line each day. Iranian people and fueling terrorist op- the United States from terrorist orga- 116TH CONGRESS erations throughout the Middle East, nizations like the Iranian Revolu- Madam President, on another mat- he also played a crucial role in foment- tionary Guard Corps and its leaders ter, briefly, we have now crossed the ing Syria’s civil war. Soleimani helped like General Soleimani. halfway point of the 116th Congress, to finance and aid the butcher, known This was neither an assassination—a and it is safe to say that 2019 was an as Bashar al-Assad, in the slaughter of particularly loathsome allegation that unconventional and a somewhat bumpy the Syrian people. The death toll of the has been made on social media—nor an year. Syrian civil war is estimated to be as unprovoked attack. This was the Presi- After 2 years with Republicans con- high as a half a million Syrians, and dent of the United States exercising his trolling both Chambers of Congress and the number of refugees and internally lawful authority to protect the United the White House, we were all prepared displaced persons goes into the mil- States, our allies, and our national in- for the challenges that would come lions. terests just as Presidents before have with a Democratically controlled While the greatest death and destruc- done. Perhaps the most stark compari- House. Despite the unnecessary foot- tion orchestrated by Soleimani was son is when directed the dragging and political gaming and ob- concentrated in the Middle East, the killing of Osama bin Laden. Where session with foiling the President, we United States was one of his and Iran’s were the people who now claim that were still able to accomplish a lot of biggest targets. From the Iranian hos- Soleimani’s death is an abuse of power? good for the country and the people of tage crisis back in 1979, to the Khobar I don’t recall anyone calling the killing my State of Texas. Towers bombing, to the recent shoot- of Osama bin Laden an assassination. Last month alone, we made major ing down of a U.S. drone, to the death When he was killed, they were not on moves to strengthen our military and of an American contractor in Iraq, cable TV, criticizing the move; we were support our troops. We passed a fund- Iran’s actions at every turn have dem- all celebrating. ing bill that increased the funding by onstrated a desire to make the chant Some of our Democratic friends will nearly $20 billion—necessary to restore ‘‘Death to America’’ a reality. simply never pass on an opportunity to our readiness—and gave our troops the Soleimani was known to be respon- criticize the President—no matter how largest pay raise they had received in a sible for the deaths of hundreds of unfair. Thank goodness there are decade. American soldiers. He and the Iranian Democrats like former Department of This complemented the National De- regime supplied explosively formed Homeland Security Secretary Jeh fense Authorization Act, which author- penetrators that cut through American Johnson and former U.S. Senator Joe ized $400 million for military construc- armor like a hot knife through butter Lieberman. tion projects in Texas and 90 new F–35 and left hundreds of American sol- Senator Joe Lieberman said: Joint Strike Fighters that will be built diers—indeed, maybe 1,000 or more— President Trump’s order to take out in Fort Worth. disabled as a result of this deadly in- Qasem Soleimani was morally, constitu- It also included a number of provi- strument of war. Since 2003, at least 600 tionally and strategically correct. It de- sions that I introduced to support our U.S. soldiers have been killed by Ira- serves more bipartisan support than the be- servicemembers and veterans. In 2016, nian proxies in Iraq, and as I have said, grudging or negative reactions it has re- only 46 percent of Active-Duty military many more have been injured. ceived thus far from my fellow Democrats. voted by absentee ballot, and one-third I and others in this Chamber have I am also grateful for the informed of those who didn’t vote said that the seen their activities firsthand at comments by luminaries like former absentee voting process was simply too Brooke Army Medical Center, the Cen- CENTCOM Commander and former CIA complicated. ter for the Intrepid in San Antonio, Director General Petraeus as well as To make that better, I introduced and at other places where they have re- Ambassador Ryan Crocker, who have the Military Voter Protection Act, ceived treatment, like at Walter Reed both rightly said that this action was which became law last month. It Army Medical Center here in Wash- authorized and necessary. makes the absentee voter registration ington, DC. It is where the victims of It is unquestionable that the death of process easier for servicemembers sta- these Iranian improvised explosive de- Soleimani was a major blow to the Ira- tioned overseas so that a complicated vices were treated for amputation, for nian regime and a strong message of trail of paperwork doesn’t prevent burns, or functional limb loss if they deterrence to all state sponsors of ter- them from casting their well-deserved survived those injuries in the first rorism. The blood of hundreds of Amer- ballots. place. These soldiers are a reminder of ican soldiers and countless civilians is I have also heard from my Texas con- the selfless commitment our men and on Soleimani’s hands, and because of stituents who are veterans, who have

VerDate Sep 11 2014 01:24 Jan 07, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G06JA6.015 S06JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 6, 2020 CONGRESSIONAL RECORD — SENATE S17 fallen on hard times and had to fight be ignored too often here in Wash- (The remarks of Mr. HAWLEY per- for their VA and Department of De- ington, DC. Nearly 40 percent of this taining to the introduction of S. Res. fense benefits in bankruptcy initial funding went to Texas to meet 463 are printed in today’s RECORD under proceedings. That should never be the immediate needs, and I expect another ‘‘Statements on Introduced Bills and case. Another bill I introduced called round to come soon to cover additional Joint Resolutions.’’) the HAVEN Act, which is now law, expenses. Mr. HAWLEY. I yield the floor. shields those benefits in the same way Another big victory came in the form The PRESIDING OFFICER. The Sen- that Social Security disability is ex- of international trade. Through my ator from Virginia. empted. No veteran should be penalized role as chairman of the Senate Finance IRAN for receiving the disability compensa- Trade Subcommittee, I worked with Mr. KAINE. Madam President, I am tion that they are rightly due. the administration on three trade glad to be joined today by my col- Of course, perhaps the biggest head- agreements with Japan, the USMCA— league from Illinois, who is a personal line news is our continued work on ju- the U.S.-Mexico-Canada Agreement— mentor of mine. We are here to talk dicial nominations. Under this admin- and China, all of which, I think, will about the threat of war with Iran and istration, we have confirmed more than inure to the benefit of all Americans, about the Constitution. 180 Federal judges, including 20 in including Texans. I commend President I have been worried about this threat Texas, plus 2 Supreme Court Justices. Trump and Ambassador Lighthizer for for some time, ever since President Although we are still 1 year shy of the their courage in confronting unfair Trump chose to ignore the advice of his end of President Trump’s first term, we trade practices, opening new markets, key national security professionals and have already confirmed more circuit and providing economic certainty as allies by abandoning America’s com- court judges than in any other Presi- we move into this election year. mitment to a diplomatic deal to limit dent’s first term in the past four dec- On top of all of this, we passed the bi- Iran’s nuclear program. The Presi- ades. Having these impressive judges partisan Taxpayer First Act, which in- dent’s action since that tragic decision on the Federal bench will be a tremen- cludes some of the most significant re- and the easily predictable responses of dous benefit to the entire country for forms to the Iran to his actions have resulted in an generations to come, and we will keep in two decades. We stood with victims escalating set of hostilities between working to confirm even more. of domestic violence and sexual assault the United States and Iran and its Over the last year, we have also built by finally passing the Debbie Smith proxies. on our work to support victims of Hur- Reauthorization Act, which strength- I will state at the outset my conclu- ricane Harvey, including the release of ens our fight to end the rape kit back- sion. I believe that the United States $4.6 billion in additional funding from a log. We helped provide additional re- should not be at war in Iran and that, bill to support communities across the sources to secure America’s elections indeed, another war in the Middle East now would be catastrophic. country, including those in Texas, re- against foreign interference, and the But I recognize that some of my col- covering from natural disasters. list goes on and on and on. leagues may have a different point of More than 2 years after the storm, It is safe to say, though, that there view. So I speak in the hopes of forging many Texans are still rebuilding and, are a number of items that could have a consensus on at least one issue, and sadly, have had the added struggle of been added to this list of accomplish- ments, had they not been pulled into that issue is this: If there is to be a war fighting to get their hands on Federal the political fray and this obsessive im- with Iran, it should not be initiated by funds already approved by Congress. In peachment mania by the House of Rep- this President or any President acting February 2018, Congress passed a fund- resentatives. Two things we could have on his or her own. It should only be ini- ing package that included more than $4 done that were not accomplished as a tiated by a vote of Congress following billion in disaster mitigation for result of this obsession were bills to re- an open and public debate in full view Texas, but more than a year later, duce prescription drug pricing and to of the American people. folks at home still hadn’t seen a dime reauthorize the Violence Against Every Member of Congress should of that money. Women Act, for which the Presiding vote and then be accountable for the This summer, I introduced a bill that Officer has played such an important question of whether another war in the would require the Office of Manage- leadership role. Middle East is a good idea. The demand ment and Budget to send those and any In both cases, there is broad bipar- for congressional accountability is con- future funds approved by Congress tisan support for action, and in both stitutionally required in the unique within 90 days of their appropriation cases, our colleagues on the other side constitutional framework that we by Congress. Government bureaucrats of the aisle decided that political point have. We pledge to support and defend should not be allowed to stand in the scoring was more important than actu- the principle that it is up to Congress way between communities in need and ally getting the job done; thus, we to declare war, not the President. funds already approved by Congress, found ourselves at an impasse. As we If we engage in a war, the odds are and I am happy that those funds are fi- gear up for a new year, those will be high that young American men and nally going out the door to these Texas two of the top items on my priority women will be killed or injured. Some communities. list, and I hope our Democratic col- will see their friends killed and in- Another challenge we have faced over leagues will work with us this time jured. Some will have the remainder of the last year is the ongoing crisis at around to get them done. their lives affected by physical and the border, which hit its peak in May. We are kicking off 2020 with a big, emotional injuries, post-traumatic Local communities in Texas helped looming question mark hanging over stress, the pain of losing friends, and carry the weight of this humanitarian this Chamber in the form of this im- their families and friends will bear crisis, which has placed serious strain peachment trial, which was an urgent those scars as well. If we are to order on their ability to deliver basic serv- constitutional imperative until it our troops and their families to run ices at the municipal and State levels. wasn’t. We are anxious to see what that risk, then, it should be based on a They diverted taxpayer dollars from Speaker PELOSI will finally decide, and public consensus as reflected in an things like public safety, power, and we are waiting for the House to trans- open congressional debate and vote clean drinking water to do a job that mit the Articles of Impeachment, but that war is in the national interest. should have been done by the Federal we are not going to let the grass grow If Congress debates the matter in full Government in the first place to secure under our feet in the interim. We are view of the public and reaches the con- our border. going to keep working to notch more clusion that war is necessary, so be it. To right this wrong, we passed a wins for the American people, confirm Even if I were to vote no, if the major- funding agreement, at my request, more Federal judges, and pass the ity of my colleagues voted yes, I would which provided $30 million in reim- USMCA trade agreement, hopefully, agree that the decision to go to war bursements for local governments, before further delay. was a legitimate basis to order our best States, and charitable organizations I yield the floor. and brightest into harm’s way. that have spent millions of dollars in The PRESIDING OFFICER. The Sen- But by what right do we consign our response to this crisis, which seems to ator from Missouri. troops to possible injury and death if

VerDate Sep 11 2014 01:24 Jan 07, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G06JA6.016 S06JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S18 CONGRESSIONAL RECORD — SENATE January 6, 2020 we are unwilling to have a debate and the first days of the Reagan adminis- National Security Advisor McMaster, cast a vote ourselves? We cannot hide tration. Chairman of the Joint Chiefs of Staff under our desks, outsource our con- After this attack—this inexcusable General Dunford—all argued that the stitutional duty to any President, and attack on the American Embassy—U.S. agreement was working and should be pretend that we can avoid account- and Iran diplomatic relations were sev- maintained. ability for war and its consequences. ered. The United States has imposed But President Trump made the deci- Over the course of this week, I will significant economic sanctions against sion that the United States should address three topics about the issue of Iran for decades. The United States abandon the diplomatic deal. The U.S. war with Iran. The first subject which provided support for Iraq in its 8-year abandonment of a working diplomatic I will address today is this: How did we war against Iran—a war in which hun- deal was historic. No U.S. President get here? How did we come to the place dreds of thousands of Iranians were had ever walked away from a diplo- where the United States and Iran are killed. matic commitment of this kind. trading violent attacks against one an- In 1988, the U.S. Navy cruiser USS Many of us, at the time, warned the other and what does that mean for our Vincennes shot down an Iranian com- President that abandoning diplomacy, country, the region, and the world? mercial airliner, killing 290 passengers against the advice of allies and our na- In the coming days, I will address and its crew. tional security professionals, would two additional topics. I will discuss Iran has engaged in hostilities likely lead us to an unnecessary war. It how Congress should reclaim its con- against the United States and our al- was just a matter of time. Indeed, since stitutional war-making powers by act- lies in many settings—through tar- the beginning of the Trump adminis- ing on a privileged resolution that Sen- geted attacks and assassinations tration, there have been increasing ator DURBIN and I have filed on Janu- around the world, covert and overt sup- back-and-forth provocations that have ary 3 to remove U.S. troops from hos- port for terrorist organizations, and de- now led us to a state of active hos- tilities with Iran unless Congress velopment of weapons systems in viola- tilities between the United States and passes a new declaration or legal au- tion of U.N. security resolutions. Iran Iran. thorization initiating such a war. The has been directly responsible for the Unclassified examples of U.S. activ- resolution, which is also being offered deaths of thousands of Americans and ity under the Trump administration on the House side by Representative indirectly responsible for many, many that have escalated hostilities with SLOTKIN, will give all 535 Members of more. These activities over many dec- Iran include the following: Congress the opportunity to declare ades have led America for years to view On December 12, 2017, the United where they are on the advisability of a Iran as a key promoter of terrorism States and reached a joint stra- war with Iran, and it also gives them and one of the most concerning nation- tegic work plan to counter Iranian ac- an opportunity to affirm their commit- state adversaries of the United States. tivity in the Middle East that included ment to their oath of office. In recent years, a particular focus preparation for military escalation sce- Finally, later in the week, I will ad- has been Iran’s nuclear program. De- narios against Iran. dress the larger question of how the spite Iran’s claim that it sought nu- On May 8, 2018, President Trump uni- United States should deescalate ten- clear power purely for peaceful pur- laterally withdrew from the JCPOA sions in the Middle East so that we poses, legitimate suspicion of its intent after promising to do so for months. might better protect American lives led to a global campaign led by the On May 21, 2018, Secretary of State and promote peace and stability in a United States to sanction Iran even Pompeo, who had earlier expressed a very turbulent part of the world. more as a means of getting the country preference for bombing Iran rather How did we get here? to abandon its quest for nuclear weap- than entering into the JCPOA, vowed The United States and Iran have a ons. to ‘‘crush’’ Iranian operatives and very troubled history. When Iran’s After years of negotiations between proxies. democratically elected Prime Minister, six nations—France, Britain, the On July 23, 2018, President Trump Mohammad Mossaddegh, supported ef- United States, Germany, Russia, tweeted a threat to President Rouhani, forts to nationalize private energy re- China—and Iran, an agreement was warning that Iran would ‘‘SUFFER sources, the United States and Britain reached in 2015 whereby Iran would CONSEQUENCES THE LIKES OF orchestrated a coup that led to his pledge never to seek, acquire, or de- WHICH FEW THROUGHOUT HISTORY ouster in 1953. velop nuclear weapons in exchange for HAVE EVER SUFFERED BEFORE.’’ The overthrow of Iran’s democratic gradual relaxation of sanctions against On August 6, 2018, the Trump admin- government, partially with U.S. sup- Iran. The agreement, known as the istration unilaterally imposed eco- port, led to the strengthened rule of JCPOA, contained strict limits on nomic sanctions lifted as part of the Shah Mohammad Reza Pahlavi, who Iran’s nuclear program that would JCPOA, despite Iran’s continued com- ruled Iran as an Emperor until he was gradually relax over 25 years. Iran’s pliance with the deal. overthrown in the Iranian revolution of pledge to never acquire or develop nu- In September of 2018, it was reported 1979. His dictatorial rule, with strong clear weapons was permanent, as was that new National Security Advisor support from the United States, in- its commitment to abide by the inspec- John Bolton had asked the Department creasingly alienated the Iranian popu- tion protocols of the International of Defense to prepare war plans against lation. When he fled the country during Atomic Energy Agency to ensure com- Iran. Later the same month, Bolton the revolution, Iran abolished the mon- pliance with that fundamental pledge. warned Iran that there would be ‘‘hell archy and declared itself an Islamic re- The JCPOA was not perfect, but it to pay’’ if the nation ever crossed the public. carefully preserved the ability of the United States. Within a few months after the revo- United States and other nations to On October 3, 2018, the Trump admin- lution, Iranian protestors took over continue sanctions against Iran for its istration terminated the 1955 Treaty of the American Embassy in Iran. For other activities and offered an oppor- Amity affirming friendly relations be- those of us who saw the protests out- tunity for the first time in four decades tween the United States and Iran. The side the American Embassy in Baghdad for the United States and Iran to com- United States terminated it. The trea- last week, the images of the Iranian municate through an established diplo- ty itself had long ago been made irrele- Embassy hostage taking in Iran in 1979 matic process. vant by the actual hostilities between were at the front of our minds. The As the Trump administration took the nations, but the action of the protesters cited America’s role in the office, the President pledged to undo United States in finding the treaty and 1953 coups, and they asked the United this diplomatic deal, the JCPOA. The publicly terminating it unilaterally States to return the Shah, who had nations that agreed to the deal pointed was seen as a part of a pattern of hos- come to the United States seeking out that Iran was complying with the tile intent. medical attention, to Iran for trial. deal, as did the IAEA, and the key offi- As early as the fall of 2018, Depart- The United States refused. Iran held 52 cials of President Trump’s national se- ment of Defense officials began to ex- Americans hostage for more than 440 curity team—Defense Secretary press concern that the U.S. maximum days until they were finally released in Mattis, Secretary of State Tillerson, security pressure campaign against

VerDate Sep 11 2014 01:24 Jan 07, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G06JA6.017 S06JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 6, 2020 CONGRESSIONAL RECORD — SENATE S19 Iran was raising the risk of Iranian re- On September 15, 2019, after drone at- ries and deaths on the other, and we taliation against American troops in tacks on two key oil installations in are at the brink of war. Iraq and Syria. In an October 26 article Saudi Arabia, President Trump Thousands of American servicemem- in , DOD offi- tweeted that the United States was bers enjoying the holidays with their cials were quoted as expressing concern ‘‘locked and loaded depending on verifi- families were surprised by notices in that Iran’s belief that the United cation from the Kingdom as to who the last few days that they must now States was helping Israel with air- they believe was the cause of the at- deploy to the Middle East yet again. strikes would jeopardize American tack.’’ The current state of hostilities is caus- lives in the region. On November 19, 2019, President ing other serious consequences. On November 5, 2018, President Trump notified Congress that ‘‘con- The U.S. abandonment of the diplo- Trump imposed additional sanctions on sistent with the War Powers Resolu- matic deal, together with other ac- Iranian oil, shipping, and banking sec- tion,’’ he was deploying additional U.S. tions, has seriously jeopardized our re- tors. weapons and troops to Saudi Arabia to lations with many allies, particularly On February 3, 2019, President Trump counter Iran. our European allies. The U.S. abandon- stated on ‘‘Face the Nation’’ that On December 29, 2019, following a ment of a diplomatic deal over a nu- troops being withdrawn from Syria rocket attack from an Iranian-backed clear program has made it much harder would be moved to Iraq to serve as a militia in Iraq that killed an American to find a diplomatic deal with North check against Iran. contractor and wounded several others, Korea. The U.S. decision to carry out On February 11, 2019, Advisor Bolton the U.S. military struck Iranian- strikes on Iraqi soil over Iraqi objec- released a video addressed to the 40th backed militia groups in Iraq and anniversary of the Iranian revolution, tions has badly damaged U.S.-Iraq rela- Syria, killing dozens. stating that Iran’s leaders would not tions. Just yesterday, the Iraqi Par- On January 2, 2019, President Trump liament voted to ask all U.S. troops to ‘‘have many more anniversaries to ordered a drone strike killing Qasem enjoy.’’ leave Iraq. If that occurs, it will fur- Soleimani, a key Iranian military com- On February 13, 2019, the Trump ad- ther destabilize a country that has ministration convened a meeting in mander as well as a key Iraqi military been wracked with protests in recent Poland that was publicly described by leader. The December and January months, and it will embolden both ISIS Israeli Prime Minister Benjamin strikes in Iraq were carried out despite and Iran. Netanyahu on his official website as the objections of the Iraqi Government U.S. actions have had the unlikely ef- designed to ‘‘advance the common in- and without any prior notification to fect of driving three of our principled terest of war’’ against Iran. Congress. Two days after the Soleimani nation-state adversaries into histori- In March 2019, press accounts re- strike, the President notified Congress cally unprecedented levels of coopera- vealed that the Department of Energy of the action, which had been in the tion. Just recently, Iran, China, and had approved seven transfers of nuclear newspaper, obviously, ‘‘consistent with Russia conducted joint naval oper- technical information from U.S. com- the War Powers Resolution.’’ ations in the Gulf of Oman. panies to Saudi Arabia without inform- Now, during the same time, Iran has Notably, the U.S. actions that I have ing Congress. The transfers were made conducted escalatory activities as well. described here have been carried out despite U.S. awareness that the Gov- Their bellicose behavior includes con- mostly by President Trump without ernment of Saudi Arabia had publicly tinued arming and financial backing of congressional approval and often with- threatened to develop nuclear weapons Hezbollah, a designated foreign ter- out any notice or any consultation to counter Iran. rorist organization which carried out with Congress. Members of Congress on On April 8, 2019, the United States the bombing of the marine barracks in the relevant committees have had to designated the Iranian Revolutionary Beirut as well as efforts to target read about these actions in the news- Guard as a foreign terrorist organiza- Israeli citizens and troops; support for papers rather than being informed by tion, the first time that had ever been the Houthis, including the supplying of the Trump administration. used to apply to a foreign govern- ballistic missiles, thus escalating the At this particular moment, with the mental entity. civil war in Yemen; direct participa- specter of war so present, it is time for On May 5, 2019, Advisor Bolton an- tion of troops and commanders in sup- Congress to assert itself. We cannot let nounced deployment of the Lincoln port of Bashar al-Assad’s murderous a President destroy American diplo- Carrier Strike Group and a bomber campaign against the Syrian people; macy on its own. We cannot let a task force to the U.S. Central Com- support for the Popular Mobilization President take our Nation, take our mand for the expressed purpose of Committee-affiliated Shia militias in troops, and take our best and brightest countering Iran. Iraq, which pose a direct threat to U.S. into an unnecessary war on his own. In- On May 8, 2019, the Trump adminis- personnel; unjust detention of U.S. deed, we cannot leave the lives of our tration ordered new sanctions against citizens; cyber attacks on U.S. offi- troops up to the whim of this President Iran’s metal industry. cials, agencies, and companies; the On May 10, 2019, or of any President. downing of a U.S. unmanned aerial ve- reported on war plans developed by the That is why Senator DURBIN and I hicle in June of 2019; UAV strikes administration that could deploy up to have introduced, pursuant to the same 120,000 additional U.S. troops to the against Saudi oil facilities in Sep- War Powers Act referenced by the Middle East to counter Iran. On the tember 2019; persistent interference President, a resolution that will force same day, the administration deployed with commercial shipping in the Strait the removal of U.S. troops from hos- Patriot missiles to U.S. Central Com- of Hormuz; militia attacks on the Iraqi tilities with Iran unless Congress inde- mand to counter Iran. base in December that killed an Amer- pendently votes that we should be at On May 24, 2019, the Trump adminis- ican contractor; and stoking popular war. Congress has the responsibility, tration bypassed Congress, declaring unrest against the United States in and Congress must act to shoulder its an emergency citing ‘‘Iranian malign Iraq that encouraged the assault on the responsibility. activity’’ in order to sell weapons to U.S. Embassy in Baghdad last week. I will offer more comments on the Saudi Arabia and the UAE. I have given you these examples for a resolution later this week, but I appre- In June of 2019, President Trump or- reason. You can see the reason. There ciate the support of my colleague, who, dered 3,500 more troops of the U.S. has been an escalation that began with as I said, in many ways, is my mentor military to the Middle East to check the U.S. decision to destroy a diplo- in the Senate, the Senator from Illi- Iran. matic deal, and it has been one nation nois. On June 20, 2019, the United States acting and the other responding, and I yield the floor to him. initiated a strike against Iranian posi- the other acting and the other respond- The PRESIDING OFFICER. The mi- tions that was aborted at the last ing, and now we are on the brink of nority whip. minute by President Trump. war. The escalation has been so signifi- Mr. DURBIN. Madam President, I On June 24, 2019, President Trump cant between the United States and thank the Senator from Virginia for imposed additional sanctions against Iran that now each country has been his clarion call for the U.S. Senate to Iran. responsible for actively inflicting inju- assert its constitutional responsibility

VerDate Sep 11 2014 01:24 Jan 07, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G06JA6.018 S06JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S20 CONGRESSIONAL RECORD — SENATE January 6, 2020 when it comes to the prospect of a war attended the funerals of servicemem- ican families to give their children in with Iran. bers who gave their lives in Iraq and service of this country in a war? He has referenced, many times, the Afghanistan and so many other places. Senator Wellstone passed away a few War Powers Act. The War Powers Act, It is a heartbreaking experience to see days later in an airplane crash. It was students of history will remember, was that emotional family leaving a church my last conversation with him, but I passed by the U.S. Congress after the or a synagogue after a service honoring remember that moment, and I remem- end of the so Congress someone in uniform who has given ber the responsibility we had. What would assert, with specificity, its au- their life for this country. That is so Senator KAINE and I are doing now is thority when it came to the execution fundamental. to appeal to our colleagues on both of a war. The President at the time, Senator KAINE and I have come to sides of the aisle. Do not walk away Richard Nixon, opposed the War Pow- the floor today to say we are finding from our responsibility when it comes ers Act and vetoed it, and because of ourselves now moving, day by day, to the future decision of whether we go what the United States had endured closer and closer to a confrontation to war with Iran. Stand up for those during the course of the Vietnam war, with Iran that could result in a war. American families who sent us here to Congress overrode the veto of Presi- What Senator KAINE has catalogued do our constitutional duty and engage dent Nixon to make it clear, with the and gone through is this long buildup in the debate as to whether it is the War Powers Act, that we would never under the Trump administration that right thing at the right moment of his- ever, by design, find ourselves in the brings us to this moment. tory or whether it is an impulsive deci- same moral predicament we did with To think President Trump inherited sion by a President who broke away the war in Vietnam. from President Obama an international from a political campaign meeting to Almost 50,000 American lives were agreement that included the signato- authorize the assassination of General lost in that war in Vietnam, a war ries of not only our traditional Euro- Soleimani and then returned to the which was not a declared war under the pean allies but also China and Russia campaign meeting. Make the decision Constitution but one which still ex- to stop Iran from developing a nuclear as to whether this is the right moment acted a heavy, incalculable price on weapon; to think that that agreement in history. Don’t point to the President American families—families I know was being monitored by international that it is his responsibility; it is our re- and everyone knows, whose lives were overseers who reported back to us that sponsibility. That is what this Con- touched by that Vietnam war, whose they had ready access throughout the stitution says. sons and daughters may have served or nation of Iran when it came to making (Mr. BOOZMAN assumed the Chair.) may have given their lives in service. certain that the JCPOA agreement was Now, with that responsibility, we The decision was made in Congress lived up to; to think that that at least need to stand up and act. I am honored never again. We are not going to let gave us the assurance that Iran would to join Senator KAINE. We have filed this happen again. We are not going to not develop a —and our resolution. We are seeking a ruling find ourselves backsliding into a war. then this President, with a series of by the Parliamentarian, and we want The American people, through their tweets and actions, swept it away and to move forward on a schedule for a de- elected men and women representing said we are going to ignore this treaty, bate on the floor of the Senate. It may them in Congress, will make the deci- we are going to walk away from it, and be the single most important debate we sion as to whether it is time for us to we are going to confront the Iranians face this year for many years to come. go to war and will make the decision as in a variety of ways, as Senator KAINE I yield the floor. to whether our men and women in uni- has spelled out. form are going to risk their lives at So we come to the floor this after- f war. The decision will be made by the noon to really appeal to our colleagues CERTIFICATE OF APPOINTMENT American people through their elected on both sides of the aisle. On behalf of representatives in Congress. It was not the American people, let us learn the The VICE PRESIDENT. The Chair a novel idea. We find it in this little lessons of history—a lesson bitterly lays before the Senate the certificate Constitution, which we are all handed learned during the Vietnam war—that of appointment to fill the vacancy cre- when we take the oath of office. if Congress does nothing, a war can de- ated by the resignation of former Sen- As Senator KAINE from Virginia has velop and continue at great human ator Johnny Isakson of Georgia. The noted, article I, section 8, in just a few cost. certificate, the Chair is advised, is in words, says: The Congress shall have I know the moments of great decision the form suggested by the Senate. If the power to declare war. It is not that are made in the U.S. Congress, there be no objection, the reading of equivocal. There are no footnotes, as- and I have been fortunate to be part of the certificate will be waived, and it terisks, or question marks. The Con- some of them. I remember October 16, will be printed in full in the RECORD. gress shall have the authority to de- 2002, as if it were yesterday. I remem- There being no objection, the mate- clare war. ber that well, at that place that I point rial was ordered to be printed in the Now, at this moment in time, with to, where in the early morning hours, RECORD, as follows: the assassination of General Soleimani three of us—three Senators stood and STATE OF GEORGIA and the escalation of the conflict be- spoke to one another as we left to go CERTIFICATE OF APPOINTMENT tween the United States and Iran, Sen- home. There had just been a vote for an To the President of the Senate of the United ator KAINE and I come to the floor and authorization for use of military force States: ask this Congress, Republicans and in Iraq. The three of us had gathered in This is to certify that, pursuant to the Democrats alike: Do these words the well, including Senator Paul power vested in me by the Constitution of count? Do we have a constitutional re- Wellstone from Minnesota and Senator the United States and the laws of the State sponsibility to stand up and speak up from , and of Georgia, I, Brian Kemp, the Governor of and to challenge this President or any we looked at one another, having all said State, do hereby appoint Kelly Loeffler a Senator from said State to represent said President of either political party three voted against the invasion of State in the Senate of the United States when they start moving us toward a Iraq, and realized we were headed home until the vacancy therein caused by the res- moment of war which could easily to face the electorate on that decision. ignation of John H. Isakson, is filled by elec- claim the lives of many Americans? It was an emotional moment. tion as provided by law. That is the purpose of our resolution. I remember saying to Senator Witness: His excellency our Governor It is simple and straightforward, but it Wellstone, who had voted against the Brian Kemp, and our seal hereto affixed at really goes to a fundamental question. invasion of Iraq, as I had: Paul, I hope the Capitol, in the city of Atlanta, this 1st The men and women who serve this this doesn’t cost you the election. He day of January, in the year of our Lord 2020. country in uniform—God bless them said: Dick, if it does, it is all right be- By the Governor: BRIAN P. KEMP, for their sacrifice and their courage. cause that is what I was elected to do, Governor. We know that when they take the oath to come here and to vote on issues. Is BRAD RAFFENSPERGER, to serve, they are prepared to risk it possible there is any issue more im- Secretary of State. their lives in service. Many of us have portant than the issue of asking Amer- [State Seal Affixed]

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