E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, FRIDAY, JANUARY 24, 2020 No. 15 Senate The Senate met at 1:05 p.m. and was States is sitting for the trial of the articles That is what you should expect for called to order by the Chief Justice of of impeachment exhibited by the House of the day, and with that, I will now yield the United States. Representatives against Donald John Trump, to Mr. CROW of Colorado. President of the United States. f Mr. Manager CROW. Mr. Chief Jus- The CHIEF JUSTICE. The majority tice, good afternoon. I woke up this TRIAL OF DONALD J. TRUMP, leader is recognized. morning and walked to my local coffee PRESIDENT OF THE UNITED ORDER OF PROCEDURE shop, where, unlike my esteemed col- STATES league Mr. JEFFRIES from New York, Mr. MCCONNELL. Mr. Chief Justice, The CHIEF JUSTICE. The Senate for all of our colleagues’ information nobody complained to me about Colo- will convene as a Court of Impeach- about scheduling, today we will plan to rado baseball. So I could only conclude ment. take short breaks every 2 to 3 hours that this is only a New York Yankees The Chaplain will please lead us in and will accommodate a 30-minute re- problem. As Mr. SCHIFF mentioned, we talked prayer. cess for dinner, assuming it is needed, last night about the July 25 call and PRAYER until the House managers have finished The Chaplain, Dr. Barry C. Black, of- the multiple officials who had con- their opening presentation. firmed the intent of the President in fered the following prayer: For scheduling purposes, we have or- Let us pray. withholding the aid, so now I would ganized tomorrow’s session to convene like to turn to what happened around Almighty God, as we resume this im- at 10 a.m. and run for several hours as peachment trial, let Your will be done. the time the aid was lifted. the President’s counsel begin their We know that the aid was lifted ulti- Enlighten our Senators as You show presentation. them Your will. Lord, guide them with mately on September 11, but it wasn’t The CHIEF JUSTICE. Pursuant to lifted for any legitimate reason. It was Your wisdom, supporting them with the provisions of S. Res. 483, the man- Your power. In spite of disagreements, only lifted because President Trump agers for the House of Representatives had gotten caught. Let’s go through may they strive for civility and re- have 7 hours 53 minutes remaining to how we know that. spect. May they respect the right of make the presentation of their case. On August 26, the whistleblower com- the opposing side to differ regarding The Senate will now hear you. plaint had been sent to the Director of convictions and conclusions. Give them OPENING STATEMENT—CONTINUED National Intelligence, and public re- the wisdom to distinguish between ports indicate that President Trump Mr. Manager SCHIFF. Mr. Chief Jus- facts and opinions without lambasting was told about the complaint by White tice, Senators, distinguished counsel of the messengers. House Counsel Pat Cipollone. We pray in Your strong Name. Amen. the President, I keep wanting to say On September 5, though, the scheme PLEDGE OF ALLEGIANCE ‘‘good morning,’’ but good afternoon. I became public. An editorial in the The Chief Justice led the Pledge of just wanted to give a very brief ori- Washington Post on that day, for the Allegiance, as follows: entation to the argument you will hear first time publicly, explicitly linked I pledge allegiance to the Flag of the today. the military aid hold and the investiga- United States of America, and to the Repub- We will begin with JASON CROW, who tions that President Trump wanted. lic for which it stands, one nation under God, was talking about the conditionality of Keep in mind that public scrutiny of indivisible, with liberty and justice for all. the military assistance. This is the lat- the President’s hold increased exponen- THE JOURNAL ter part, although not the end, of the tially after this became public. And The CHIEF JUSTICE. Will Senators argumentation on the application of this is where things start moving real- please be seated. the constitutional law as it respects ar- ly fast. If there is no objection, the Journal ticle I, the abuse of power. I will have A few days later, on September 9, the of proceedings of the trial are approved a presentation after Mr. CROW, and House investigative committees pub- to date. soon thereafter we will conclude the licly announced their investigation of Hearing no objection, it is so ordered. presentation on article I. We will then the President’s conduct in Ukraine. The Sergeant at Arms will make the begin the presentation on article II, Lieutenant Colonel Vindman testified proclamation. once again applying the constitutional to the National Security Council, and The Sergeant at Arms, Michael C. law to the facts on the President’s ob- others at the White House learned Stenger, made proclamation as follows: struction of Congress. We will then about the investigation when it was Hear ye! Hear ye! Hear ye! All persons are have some concluding thoughts and announced. And a colleague of his said commanded to keep silence, on pain of im- then turn it over to the President’s that it might have the effect of releas- prisonment, while the Senate of the United counsel. ing the aid. On that same day, the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 01:34 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JA6.000 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S532 CONGRESSIONAL RECORD — SENATE January 24, 2020 House Intelligence Committee learns support for Ukraine. And regardless of told the GAO at one point. But the evi- that the administration had withheld whether the aid was ultimately re- dence shows the opposite. The evidence the whistleblower complaint from Con- leased, the fact that the hold became shows that the administration didn’t gress. The scheme was unravelling. public sent a very clear signal to Rus- conduct a review at any time after the What happens 2 days later? President sia that our support for Ukraine was President ordered the hold. Trump released the military aid. wavering, and Russia was watching Laura Cooper was not aware of any He only released it after he got very closely for any sign of weakness. review of the funding conducted by caught. But there is another reason we The damage was done. DOD in July, August, or September, know the President lifted the aid only Now, any possible doubt about and, similarly, George Kent testified because he got caught: because there is whether the aid was linked to the in- that the State Department did not con- no other explanation. The testimony of vestigations has been erased by the duct and was never asked to conduct a all of the witnesses confirmed it. Both President’s own Chief of Staff. We have review of funding administrated by the Lieutenant Colonel Vindman and Ms. seen this video before during the trial, State Department. In fact, on May 23, Williams testified that they were not but there is a really good reason for the anti-corruption review was com- provided any reason for lifting the this. It is a complete admission on na- plete and DOD certified to Congress hold. Vindman testified that nothing tional TV that the military aid was that Ukraine had complied with all of on the ground had changed in the 2 conditioned on Ukraine helping the the conditions and that the remaining months of the hold, and Mark Sandy of President’s political campaign. half of the aid should be released. This the OMB also confirmed that. Ambas- Here, once again, is what Mulvaney was confirmed by the June 18 press re- sador Taylor, too, testified that ‘‘I was said. lease announcing the funding. not told the reason why the hold had (Text of Videotape presentation:) Do you remember the fictitious been lifted.’’ Mr. MULVANEY. Did he also mention to ‘‘interagency review process’’? That Let me take a moment to address an- me in the past the corruption related to the was made up too. No review is nec- other defense I expect you will hear: DNC server? Absolutely. No question about essary because it had already been that the aid was released and the inves- that. But that is it. And that’s why we held done. tigations were never announced; so up the money. Next, the President’s counsel keeps therefore no harm, no foul, right? Well, Mr. Manager CROW. When pressed saying this was about corruption in this defense would be laughable if this that he just confessed to the very quid Ukraine. President Trump was not con- issue wasn’t so serious. pro quo that President Trump had been cerned with fighting corruption. It is First, I have spoken over the past 3 denying, Mulvaney doubled down. difficult to even say that with a days about the real consequences of in- (Text of Videotape presentation:) straight face. The President never serting politics into matters of war. QUESTION. To be clear, what you just de- mentioned corruption on either call Real people, real lives are at stake. scribed is a quid pro quo. Funding will not with President Zelensky. But let’s go Every day, every hour matters. So, no, flow unless the investigation into the Demo- through the evidence. the delay wasn’t meaningless. Just ask cratic server happened as well. As we just discussed, DOD had al- the Ukrainians sitting in trenches Mr. MULVANEY. We do that all the time ready completed a review and con- with foreign policy. If you read the news re- right now. And to this day, they are ports and you believe them, what did McKin- cluded that Ukraine had ‘‘made suffi- still waiting on $18 million of the aid ney say yesterday? Well, McKinney said yes- cient progress in meeting defense re- that hasn’t reached them. terday that he was really upset with the po- form and anti-corruption goals con- Jennifer Williams, who attended the litical influence in foreign policy. That was sistent with the National Defense Au- Warsaw meeting with Vice President one of the reasons he was so upset about thorization Act in order to receive the PENCE, described President Zelensky’s this. And I have news for everybody: Get funds.’’ focus during this time. over it. There is going to be political influ- In fact, Mark Sandy, who was not at (Text of Videotape presentation:) ence in foreign policy. that meeting but who was initially re- Mr. GOLDMAN. And you testified in your Mr. Manager CROW. Remember, at sponsible for approving the hold, said deposition that in that conversation Presi- the time he made these statements, he had never heard corruption as a rea- dent Zelensky emphasized that the military Mulvaney was both the head of OMB son for the hold in all of the discus- assistance, the security assistance, was not and the Acting Chief of Staff at the sions he had about it. just important to assist Ukraine in fighting White House. He knew about all of the Similar to the anti-corruption argu- a war against Russia but that it was also legal concerns. He also knew about the symbolic in nature. What did you understand ment, there is simply no evidence to him to mean by that? President’s so-called drug deal, as Am- support the President’s after-the-fact Ms. WILLIAMS. President Zelensky ex- bassador Bolton called it. He knew ex- argument that he was concerned about plained that more than—or just equally actly what was going on in the Oval Of- burden-sharing; that is, other countries with—the financial and physical value of the fice and how OMB implemented the also contributing to Ukraine. assistance, that it was the symbolic nature President’s illegal order to hold the I imagine the President may cite the of that assistance that really was the show aid. emails in June about what other coun- of U.S. support for Ukraine and for Ukraine’s Mulvaney confirmed why the Presi- tries provided to Ukraine, the reference sovereignty and territorial integrity. And I dent ordered the hold. It was not to de- think he was stressing that to the Vice to other countries’ contributions in the President to really underscore the need for velop further policy to counter aggres- July 25 call, and testimony from Sandy the security assistance to be released. sion. It was not to convince the about a request for information about Mr. GOLDMAN. And, then, if the United Ukrainians to implement additional what other European countries give to States was holding the security assistance, anti-corruption reforms. And it was Ukraine. But there is simply no evi- is it also true then that Russia could see not to pressure our allies to give more dence that ties the concern to his deci- that as a sign of weakening U.S. support for to Ukraine. sion to hold the funding. Ukraine and take advantage of that? Since we won’t have an opportunity Ms. WILLIAMS. I believe that is what First, let’s actually look at the con- President Zelensky was indicating, that any to respond to the President’s presen- tributions of European countries to signal or sign that U.S. support was waver- tation, I am going to take a minute to Ukraine. There is a slide in front of ing would be construed by Russia as poten- respond to some of the arguments that you. It shows that other European tially an opportunity for them to strengthen I expect them to make. countries have significantly contrib- their own hand in Ukraine. You will notice, I am sure, that they uted to Ukraine since 2014, and the Eu- Mr. Manager CROW. This is an im- will ignore significant portions of the ropean Union, in total, has given far portant point, particularly when the evidence, while trying to cherry-pick more than the United States. The EU President and his attorneys tried to individual statements here and there is the single largest donor to Ukraine, argue: no harm, no foul. to manufacture defenses. But don’t be having provided over $16 billion in The financial assistance itself was fooled. grants and loans. really important to Ukraine, no ques- One defense you may hear is that the The President’s assertion that other tion about it. But the aid was equally aid was held up to allow for a policy re- countries did not support Ukraine is important as a signal to Russia of our view. This is what the administration meritless. There are other reasons too.

VerDate Sep 11 2014 23:56 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.001 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S533 After DOD and OMB responded to the President Trump, which is the subject and, most importantly, the American President’s request, presumably with of the classified document that I urge people. some of the information we just pro- all Senators to look at, President As we have discussed at length, on vided you, showing Europe gives a lot Zelensky canceled the CNN interview. July 10, Ambassador Sondland told the to Ukraine, nobody in the Trump ad- But the damage was already done. Ukrainians and other U.S. officials ministration mentioned burden-sharing The evidence is clear. The question that he had a deal with Acting Chief of as a reason for the hold to any of the 17 for you is whether it is OK for the Staff Mick Mulvaney to schedule the witnesses that we have been talking President to withhold taxpayer money, White House meeting President about. aid for our ally—our friend at war—for Zelensky wanted, if the new Ukrainian Sondland, whose actual portfolio is a personal political benefit; whether it leader committed to the phony inves- the EU—not Ukraine—testified that he was OK for the President to sacrifice tigations that President Trump sought. was never asked to speak to the EU or our national security for his own elec- As you have seen in testimony shown EU member countries about providing tion. It is not OK to me, it is certainly during this trial, following that meet- more aid to Ukraine. If President not OK with the American people, and ing, National Security Council offi- Trump were truly concerned about it should not be OK to any of you. cials, Dr. Fiona Hill and LTC Alex- that, he would have been the perfect Mr. Manager JEFFRIES. Mr. Chief ander Vindman immediately reported guy to handle it because he was our Justice, distinguished Members of the this information to John Eisenberg, Ambassador to the EU. But it never Senate, President’s counsel, the Amer- the Legal Advisor for the National Se- happened. How could it? Sondland him- ican people, once again, we are gath- curity Council and a Deputy Counsel to self knew the aid was linked to the in- ered here, not as Democrats or Repub- the President. According to Dr. Hill, vestigations because that is what the licans, not as the left or the right, not Mr. Eisenberg told her that he was also President himself had told him. as progressives or conservatives, but as concerned about that July 10 meeting. It wasn’t until the President’s Americans doing our constitutional On the screen is Dr. Hill’s deposition scheme began to unravel, after the duty during this moment of Presi- testimony where she explains Mr. White House learned of the whistle- dential accountability. As House man- Eisenberg’s reaction, saying: blower complaint and after POLITICO agers, we thank you for your courtesy, I mean, he wasn’t aware that Sondland, publicly revealed the existence of the your attentiveness, and your hospi- Ambassador Sondland was . . . kind of run- ning around doing a lot of these . . . meet- hold, that the issue of burden-sharing tality. ings and independently. We talked about the came up again. At the heart of article II, obstruction fact that . . . Ambassador Sondland said he’d If the President’s concern were genu- of Congress, is a simple, troubling re- been meeting with Giuliani and he was very inely about burden-sharing, he never ality. President Trump tried to cheat, concerned about that. And he said he would made any public statements about it, he got caught, and then he worked hard follow up on this. never ordered a review of burden-shar- to cover it up. The President tried to Mr. Eisenberg was very concerned ing, and never ordered his officials to cheat, he got caught, and then he about that and said that he would fol- push Europe to increase their contribu- worked hard to cover it up. low up on this. tions. And then he released the aid Patrick Henry, one the Nation’s Dr. Hill further testified that Mr. without any changes in Europe’s con- great patriots, once said that ‘‘the lib- Eisenberg told her that he followed up tributions. erties of a people never were, nor ever with his boss, the distinguished White This last point is important. You will be secure, when the transactions of House Counsel, Pat Cipollone. How- know the President’s purported con- their rulers may be concealed from ever, because the President blocked cern about burden-sharing rings hollow them.’’ Mr. Eisenberg from testifying in the because the aid was released after the Let’s now address the effort by Presi- House, we do not know what, if any- President got caught, not because the dent Trump and his team to cover up thing, he or Mr. Cipollone did in re- EU or any European country made any his wrongdoing. By July of 2019, White sponse to this deeply troubling infor- new contributions. As Lieutenant Colo- House officials were aware of serious mation. What we do know is that nel Vindman testified, the facts on the allegations of misconduct by President President Trump’s effort to cheat con- ground had not changed. Trump regarding Ukraine, but instead tinued with reckless abandon. By fail- Finally, you may hear the Presi- of halting the President’s corrupt ing to put the brakes on the wrong- dent’s counsel say that Ukraine didn’t scheme, they worked overtime to con- doing after that July 10 meeting—even know about the hold until August 28, ceal it from the American people. after they were notified by concerned long after the hold was implemented. As additional evidence of the Presi- national security officials—the White Therefore, they could not have felt dent’s wrongdoing mounted, White House attorneys allowed it to continue pressure. But this makes no sense. House lawyers redoubled their efforts unchecked. First, they found out about it long to prevent Congress and the American Right around the same time that the before August 28. Multiple witnesses people from learning of the President’s July 10 meetings at the White House testified that the Ukrainians showed misconduct. took place, the Office of Management ‘‘impressive diplomatic tradecraft’’ in At the same time, top administration and Budget began executing President learning quickly about the hold, and, officials—including Secretary of State Trump’s illegal order to withhold all of course, they would know. The DOD Pompeo, Secretary of Defense Esper, security assistance from Ukraine. release was announced in June. U.S. and National Security Advisor John On July 10, Robert Blair, an assistant agencies knew about it in July. It Bolton—tried to convince President to the President, communicated the should be no surprise that the first in- Trump to lift the hold on the security hold to the Acting Director of the Of- quiries about the aid were on July 25, assistance. They failed. President fice of Management and Budget, Rus- the same day as the call. Trump was determined to carry out his sell Vought. On July 18, an Office of You see, it doesn’t matter if extor- corrupt scheme. Management and Budget official com- tion lasts 2 weeks or 2 months. It is The military and security aid was municated the hold to other executive still extortion, and Ukraine certainly only released on September 11 after the branch agencies, including the Depart- felt the pressure. Other Ukrainian offi- hold became public, after the House ment of State and the Department of cials also expressed concerns that the launched an investigation, and after Defense. And a week later, on July 25, Ukrainian government was being sin- Congress learned about the existence of President Trump had his imperfect gled out and penalized for some reason. a whistleblower complaint. The $391 telephone call with President Zelensky And they were, by President Trump. million in security aid was only re- and directly pressured the Ukrainian Do you know how else you know they leased because President Trump was leader to commence phony political in- felt the pressure from the hold? Presi- caught redhanded. vestigations as part of his effort to dent Zelensky finally relented and was The actions of President Trump and cheat and solicit foreign interference planning to do the CNN interview. Ulti- high-level White House officials al- in the 2020 election. mately, right around the time of Presi- lowed his abuse of power to continue The July 25 call marked an impor- dent Zelensky’s conversation with beyond the watchful eye of Congress tant turning point. If there was any

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The July 25 At his deposition, Mr. Morrison testi- ficials and attorneys about whether call was at least the second time that fied that the call record was placed on President Trump was directly involved National Security Council officials had the server by ‘‘mistake.’’ However, in the Ukraine scheme, as opposed to reported concerns about President even after this alleged ‘‘mistake’’ was just a rogue operation being led by Ru- Trump’s pressure campaign to White discovered, the July 25 call summary dolph Giuliani or some other House lawyers—the second time—who was not removed from the classified underlings, after July 25, there can be now clearly understood the gravity of system because someone was trying to no mistake that the President of the the ongoing misconduct. hide it. It was not until a launch of the United States was undoubtedly calling But because the President blocked House impeachment inquiry in late the shots. Mr. Eisenberg from testifying without September, and after intense public Thereafter, the complicity of White any justification, the record is silent as pressure, that the rough transcript of House officials with respect to the to what, if any, actions he or the White the July 25 call was released. coverup of the President’s misconduct House Counsel took to address Presi- Again, because Mr. Eisenberg and Mr. intensified. Immediately after the July dent Trump’s brazen misconduct and Ellis refused to testify in the House, we 25 call, both Lieutenant Colonel abuse of power. We do know, however, do not know exactly how the July 25 Vindman and his direct supervisor, that instead of trying to halt the call record ended up on this highly Tim Morrison, reported their concerns scheme, White House lawyers facili- classified National Security Council about the call to Mr. Eisenberg and his tated it by taking affirmative steps to server. What we do know is that Mr. Deputy, Michael Ellis. In fact, within conceal evidence of President Trump’s Eisenberg ordered access restricted an hour after the July 25 call, Lieuten- misconduct. For example, after Lieu- after multiple officials, like Dr. Fiona ant Colonel Vindman returned again a tenant Colonel Vindman and Mr. Mor- Hill and Lieutenant Colonel Vindman, second time to Mr. Eisenberg and re- rison reported their concerns related to advised him of the scheme to condition ported his concerns. the July 25 call to the National Secu- a White House meeting on phony polit- (Text of Videotape presentation:) rity Council lawyers, they tried to ical investigations. They strongly sug- Lt. Col. VINDMAN. I was concerned by the bury the call summary. They tried to gested there was an active attempt to call. What I heard was inappropriate and I bury it. Lieutenant Colonel Vindman conceal the clear evidence of the Presi- reported my concerns to Mr. Eisenberg. It is testified that the National Security dent’s wrongdoing. Instead of address- improper for the President of the United Council lawyers believed it was ‘‘appro- ing the President’s misconduct, Mr. States to demand that a foreign government priate to restrict access’’ to the call Eisenberg seemingly tried to cover it investigate a U.S. citizen and a political op- summary ‘‘for the purpose of the up. ponent. Why did Mr. Eisenberg place the July I was also clear that if Ukraine pursued an leaks’’ and ‘‘to preserv[e] the integ- investigation, it was also clear that if rity’’ of the transcript. 25 call summary on a server for highly Ukraine pursued investigation into the 2016 According to Lieutenant Colonel classified material? Did anyone senior elections, the Bidens and Burisma, it would Vindman, Mr. Eisenberg ‘‘gave the go- to Mr. Eisenberg direct him to hide the be interpreted as a partisan play. This would ahead’’ to restrict access to the call call record? Why did the call record re- undoubtedly result in Ukraine losing bipar- summary. Mr. Morrison testified that main on the classified server even after tisan support, undermining U.S. national se- he learned in late August, after he the so-called error was discovered? Who curity and advancing Russia’s strategic ob- raised concerns that the call record ordered the coverup of the call record? jectives in the region. The American people deserve to know. I want to emphasize to the committee that might leak and be politically damaging when I reported my concerns on July 10th re- to the President, that the call sum- Following the July 25 call, the Presi- lating to Ambassador Sondland and then on mary had been placed on a highly clas- dent’s scheme to pressure Ukraine for July 25th relating to the President, I did so sified National Security Council serv- political purposes intensified, appar- out of a sense of duty. I privately reported er. The call record was placed on a ently unchecked by any effort to stop my concerns in official channels to the prop- server that is reserved for America’s it from the White House Counsel’s Of- er authority in the chain of command. My most sensitive national security se- fice. After the July 25 call, Ambas- intent was to raise these concerns because crets and covert operations, not rou- sadors Sondland and Volker worked they had significant national security impli- with the President’s personal lawyer, cations for our country. I never thought that tine calls with foreign leaders. I’d be sitting here testifying in front of this Apparently, Mr. Eisenberg claimed at Rudolph Giuliani, to procure a public committee and the American public about the time that burying the call tran- statement from President Zelensky to my actions. When I reported my concerns, script on a highly classified server was announce phony investigations into my only thought was to act properly and to a ‘‘mistake.’’ Joe Biden and the CrowdStrike con- carry out my duty. (Text of Videotape presentation:) spiracy theory being peddled by Presi- Mr. Manager JEFFRIES. Timothy Mr. GOLDMAN. Now, in a second meeting dent Trump. At the same time, Presi- Morrison, the National Security Coun- with Mr. Eisenberg, what did you rec- dent Trump continued to withhold the cil’s Senior Director for Europe and ommend that he do to prevent the call White House meeting and security as- Russia, also reported the call to Mr. record from leaking? sistance from Ukraine in a manner Mr. MORRISON. I recommended we re- Eisenberg and asked him to review the that broke the law. strict access to the package. As these efforts were ongoing, White call, which he feared would be ‘‘dam- Mr. GOLDMAN. Had you ever asked the aging’’ if leaked. NSC legal advisor to restrict access before? House attorneys reportedly received (Text of Videotape presentation:) Mr. MORRISON. No. yet another warning sign that the Mr. GOLDMAN. Now, Mr. Morrison, short- Mr. GOLDMAN. Did you speak to your su- President was abusing his power. Ac- ly after you heard the July 25th call, you tes- pervisor, Dr. Kupperman, before you went to cording to a published report in the tified that you alerted the NSC legal advisor, speak to John Eisenberg? New York Times, the week after the Mr. MORRISON. No. John Eisenberg, pretty much right away. Is Mr. GOLDMAN. Did you subsequently July 25 call, an anonymous whistle- that right? learn that the call record had been put in a blower reported concerns that the Mr. MORRISON. Correct. highly classified system? President was abusing his office for Mr. GOLDMAN. And you indicated in your Mr. MORRISON. I did. personal gain. The whistleblower’s opening statement, or at least from your Mr. GOLDMAN. And what reason did Mr. deposition, that you went to Mr. Eisenberg complaint landed with the CIA’s Gen- Eisenberg give you for why the call record eral Counsel’s office. Although the con- out of concern over the potential political was put in a highly classified system? fallout if the call record became public and Mr. MORRISON. It was a mistake. cerns related directly to the Presi- not because you thought it was illegal. Is Mr. GOLDMAN. He said it was just a mis- dent’s own misconduct, the CIA’s Gen- that right? take? eral Counsel, Courtney Elwood, alerted Mr. MORRISON. Correct. Mr. MORRISON. It was an administrative Mr. Eisenberg. Over the next week, Ms. Mr. GOLDMAN. But you would agree, error. Elwood, Mr. Eisenberg, and their depu- right, that asking a foreign government to investigate a domestic political rival is inap- Mr. Manager JEFFRIES. In Mr. Mor- ties reportedly discussed the whistle- propriate. Would you not? rison’s view, the July 25 call record did blower’s concerns, and they deter- Mr. MORRISON. It’s not what we rec- not meet the requirements to be placed mined, as required by law, that the al- ommended the President discuss. on a highly classified server. legations had a ‘‘reasonable basis.’’

VerDate Sep 11 2014 23:56 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.004 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S535 So, by early August, White House As to the first prong, sometime after haps one of the greatest Presidents was lawyers began working, along with the the Acting Director of National Intel- Abraham Lincoln. He once said that attorneys at the Department of Jus- ligence told the White House Counsel’s any man can handle adversity, but if tice, to cover up the President’s wrong- Office about the complaint on August you want to test a man’s character, doing. They were determined to pre- 26, Mr. Cipollone and Mr. Eisenberg re- give him some power. vent Congress and the American people portedly briefed the President. They America is a great nation. We can from learning anything about the likely discussed with President Trump handle adversity better than any other President’s corrupt behavior. Although whether they were legally required to country in the world. Whenever Amer- senior Justice Department officials, in- give the complaint to Congress. They ica has found itself in a tough spot, we cluding Attorney General Bill Barr, stated that they were consulting with have always made it to the other side. were reportedly made aware of the con- the Office of Legal Counsel at the De- We were in a tough spot during the cerns about corrupt activity, no inves- partment of Justice. The Acting Direc- Civil War, when America was at risk of tigation into President Trump’s wrong- tor of National Intelligence testified tearing itself apart, but we made it to doing was even opened by the DOJ. that he and the inspector general con- the other side. We were in a tough spot As White House and Justice Depart- sulted with the Office of Legal Counsel, in October of 1929, when the stock mar- ment lawyers were discussing how to which opined without any reasonable ket collapsed, plunging us into the deal with the whistleblower’s concerns, basis that he did not have to turn over Great Depression, but we made it to on August 12—another important the complaint to Congress. the other side. We were in a tough spot date—the whistleblower filed a formal On September 3—the day after the in December of 1941, when a foreign complaint with the inspector general statutory deadline for the Director of power struck, plunging us into a great for the intelligence community. National Intelligence to provide the conflict with the evil empire of Nazi In accordance with Federal law, on complaint to this body and to the Germany, but America made it to the August 26, the inspector general trans- House—the Office of Legal Counsel other side. We were in a tough spot in mitted the whistleblower’s complaint issued a secret opinion, concluding the 1960s when dealing with the inher- to the Acting Director of National In- that, contrary to the plain language of ent contradictions of Jim Crow, but we telligence, Joseph Maguire, along with the statute, the Acting Director of Na- made it to the other side. We were in a the inspector general’s preliminary tional Intelligence was not required to tough spot on September 11, when the conclusion that the complaint was turn over the complaint. The coverup Towers were struck and when young both credible and related to a matter of was in full swing. men and women, like JASON CROW, urgent concern. Instead of transmit- The Office of Legal Counsel opined were sent to Afghanistan to fight the ting the whistleblower’s complaint to that the whistleblower’s complaint did terrorists there so we didn’t have to the House’s and Senate’s distinguished not qualify as an urgent concern and fight the terrorists here, and we made Intelligence Committees, as required therefore did not have to be turned it to the other side. by law, the Acting Director of National over. What could be more urgent than America is a great country. We can Intelligence notified the White House. a sitting President’s trying to cheat in handle adversity better than any other (Text of Videotape presentation:) an American election by soliciting for- nation in the world, but what are we The CHAIRMAN. I’m just trying to under- eign interference? What could be more going to do about our character? stand the chronology. [So] you first went to urgent than that? That is a constitu- President Trump tried to cheat and the Office of Legal Counsel, and then you went to White House Counsel? tional crime in progress, but they con- solicit foreign interference in an Amer- MAGUIRE. We went to the—repeat that, cluded it was not an urgent matter. ican election. That is an attack on our please, sir. Acting Director of National Intel- character. President Trump abused his The CHAIRMAN. I’m just trying to under- ligence Maguire testified that the Of- power and corrupted the highest office stand the chronology. You first went to the fice of Legal Counsel’s opinion did not in the land. That is an attack on our Office of Legal Counsel, and then you went actually prevent him from turning over character. President Trump tried to to the White House Counsel? MAGUIRE. No, no, no, sir. We went to the the complaint to Congress. Instead, cover it all up and hide it from Amer- White House first to determine—to ask the based upon his testimony, it is clear ica and obstruct Congress. That is an question— that he withheld it on the basis that extraordinary attack on our character. The CHAIRMAN. That’s all I want to know the complaint might deal with infor- America is a great nation. We can is the chronology. So you went to the White mation he believed could be covered by handle adversity better than any other House first. So you went to the subject of the executive privilege, but President country in the world, but what are we complaint for advice first about whether you Trump never actually invoked execu- going to do about our character? should provide the complaint to Congress? MAGUIRE. There were issues within this, a tive privilege. He never actually in- Mr. Manager CROW. As the crisis couple of things: One, it did appear that it voked executive privilege, nor did he around the President’s hold deepened has executive privilege. If it does have execu- inform Congress that he was doing so throughout our government, the Presi- tive privilege, it is the White House that de- with respect to this complaint. Instead, dent’s own top advisers redoubled their termines that. I cannot determine that, as the White House secretly instructed efforts to lift the hold on military aid the Director of National Intelligence. the Acting Director of National Intel- and stem the fallout in case it went Mr. Manager JEFFRIES. Under Fed- ligence to withhold the complaint public, and it did go public. On August eral law, the Acting Director of Na- based on the mere possibility that ex- 28, POLITICO publicly reported that tional Intelligence was required to ecutive privilege could be invoked. By the President was withholding the share the whistleblower’s complaint doing so, the White House was able to military aid. with Congress—period, full stop. If that keep the explosive complaint from As you have heard, the public disclo- had occurred, the President’s scheme Congress and the American public sure of the President’s hold in late Au- to withhold security assistance and a without ever having to disclose the gust caused deep alarm among Ukrain- White House meeting—being sought by reason it was withholding this informa- ian officials. It also caused U.S. offi- the new Ukrainian leader—in order to tion. cials to redouble their efforts once pressure Ukraine for his own, personal But truth crushed to the ground will again. political gain would have been exposed. rise again. There is a toxic mess at 1600 At the end of August, Secretary of To prevent that from happening, the Pennsylvania Avenue, and I humbly State Pompeo, Defense Secretary President’s lawyers and top-level advis- suggest that it is our collective job, on Esper, and Ambassador Bolton report- ers adopted a two-pronged coverup behalf of the American people, to try edly tried to convince President Trump strategy: first, block Congress and the to clean it up. President Trump tried to release the military aid, but they American people from learning about to cheat. He got caught. Then he failed. The President wanted the hold the whistleblower’s complaint; second, worked hard to cover it up. to remain. That prompted Duffey, the try to convince President Trump to lift There have been many great Presi- political appointee charged with imple- the hold on the security assistance be- dents throughout the history of this menting the hold, to send an email on fore anyone could find out about it and Republic—great Republican Presidents August 30 to the DOD, stating: ‘‘Clear use that evidence against him. and great Democratic Presidents. Per- direction from POTUS to hold.’’ This is

VerDate Sep 11 2014 23:56 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.006 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S536 CONGRESSIONAL RECORD — SENATE January 24, 2020 consistent with Laura Cooper’s deposi- Mr. Manager CROW. Now, this wasn’t the aid and a meeting to force Presi- tion testimony, when she said that the first time—and it wouldn’t be the dent Zelensky to announce investiga- they were ‘‘hopeful this whole time last—that Ambassador Bolton in- tions to benefit his personal political that Secretary Esper and Secretary structed other government officials to campaign. Pompeo would be able to meet with the report details of the President’s The editors wrote: President and just explain to him why scheme to White House lawyers. ‘‘[W]e are reliably told that the President this was so important and get the funds Now, let’s be clear. When government has a second and more venal agenda: He is released,’’ but, instead, the President employees have concerns about wheth- attempting to force Mr. Zelensky to inter- held firm. er something is legal, they often go to vene in the 2020 U.S. Presidential election by Even as the President’s own Cabinet their agency’s lawyers. And it was hap- launching an investigation of the leading Democratic candidate, Joe Biden. Mr. Trump officials were trying to convince him pening an awful lot around this time. is not just soliciting Ukraine’s help with his to lift the hold, White House lawyers Recall that Bolton also instructed Dr. Presidential campaign; he is using U.S. mili- were receiving new reports about the Hill to report to the lawyers tary aid the country desperately needs in an President’s abuse. Sondland’s statements about requiring attempt to extort it. On September 1, Vice President an announcement of the investigations Despite these efforts to get the Presi- PENCE met with President Zelensky in as a condition for a White House meet- dent to lift the hold and the now-public Warsaw, and immediately after, ing—what Bolton called Sondland’s discussion about the President’s abuse Sondland had a side conversation with ‘‘drug deal’’ with the President’s top of power, the scheme continued. Two the top Ukrainian Presidential aide. aide, Mick Mulvaney. Ambassador days later, on September 7, Morrison Morrison was privy to these conversa- Bolton’s testimony would obviously went back to the White House lawyers tions, and when he returned from War- shine further light on these concerns to report additional details he had saw, he reported to Eisenberg the de- and what or who, if anyone, in the learned from Ambassador Sondland tails. White House or the Cabinet did to try about the President’s scheme—again, (Text of Videotape presentation:) to stop the President at this time. at the direction of Ambassador Bolton. Mr. GOLDMAN. And what did Ambassador After the President’s hold on mili- (Text of Videotape presentation:) Sondland tell you that he told Mr. Yermak? tary aid became public in late August, Mr. GOLDMAN. Now, a few days later, on Mr. MORRISON. That the Ukrainians there was increasing pressure on the September 7th, you spoke again to Ambas- would have to have the prosecutor general President to lift the hold. On Sep- sador Sondland, who told you that he had make a statement with respect to the inves- tember 3, a bipartisan group of Sen- just gotten off the phone with President tigations as a condition of having the aid ators sent a letter to Acting White Trump. Isn’t that right? lifted. House Chief of Staff Mick Mulvaney. Mr. MORRISON. That sounds correct, yes. Mr. GOLDMAN. And you testified that you Mr. GOLDMAN. What did Ambassador were not comfortable with what Ambassador An excerpt from that letter is in front Sondland tell you that President Trump said Sondland had told you. Why not? of you. The Senators expressed ‘‘deep to him? Mr. MORRISON. Well, I was concerned concerns’’ that the ‘‘Administration is Mr. MORRISON. If I recall this conversa- about what I saw as essentially an additional considering not obligating the Ukraine tion correctly, this was where Ambassador hurdle to accomplishing what I had been di- Security Initiative funds for 2019.’’ The Sondland related that there was no quid pro rected to help accomplish, which was giving Senators’ letter also urged that the quo, but President Zelensky had to make the the President the information that he needed ‘‘vital’’ funds be obligated ‘‘imme- statement and that he had to want to do it. to determine that the security sector assist- Mr. GOLDMAN. And by that point, did you diately.’’ understand that the statement related to the ance could go forward. On September 5, the chairman and Mr. GOLDMAN. So now there’s a whole Biden and 2016 investigations? other wrinkle to it, right? the ranking member of the House For- Mr. MORRISON. I think I did, yes. Mr. MORRISON. There was the appearance eign Affairs Committee sent a joint Mr. GOLDMAN. And that that was essen- of one, based on what Ambassador Sondland letter to Mulvaney and OMB Director tially a condition for the security assistance represented. Russell Vought. That letter also ex- to be released? Mr. GOLDMAN. And you told Ambassador pressed ‘‘deep concern’’ about the con- Mr. MORRISON. I understood that that’s Taylor about this conversation as well. Is what Ambassador Sondland believed. tinuing hold on the military aid. Mr. GOLDMAN. After speaking with Presi- that right? The same day, Senators MURPHY and dent Trump? Mr. MORRISON. I promptly reached out to JOHNSON visited Kyiv and met with Mr. MORRISON. That’s what he rep- Ambassador Taylor to schedule a secure President Zelensky, along with Ambas- resented. phone call. Mr. GOLDMAN. Now, you testified that Mr. GOLDMAN. And in your deposition, sador Taylor. (Text of Videotape presentation:) hearing this information gave you a sinking you testified that his testimony, other than feeling. Why was that? Ambassador TAYLOR. On September 5th, I one small distinction between President Mr. MORRISON. Well, I believe if we’re on accompanied Senators JOHNSON and MURPHY Zelensky and the prosecutor general, was ac- September 7th, the end of the fiscal year is during their visit to Kyiv. When we met with curate as to what you told him. Is that cor- September 30th, these are 1 year dollars, the President Zelensky, his first question to the rect? DOD and the Department of State funds, so Senators was about the withheld security as- Mr. MORRISON. About that conversation, we only had so much time. And, in fact, be- sistance. My recollection of the meeting is yes. cause Congress imposed a 15 day notification that both Senators stressed that bipartisan Mr. GOLDMAN. And, generally speaking, requirement on the State Department funds, support for Ukraine in Washington was you confirmed everything that Ambassador September 7th, September 30th, that really Ukraine’s most important strategic asset Taylor told you, except for that one thing means September 15th in order to secure a and that President Zelensky should not jeop- and a small other ministerial matter relat- decision from the President to allow the ardize that bipartisan support by getting ing to the location of the meeting. Is that funds to go forward. correct? drawn in to U.S. domestic politics. Mr. GOLDMAN. Did you tell Ambassador I had been making and continue to make Mr. MORRISON. Correct. Bolton about this conversation as well? Mr. GOLDMAN. Now, did you tell Ambas- this point to all of my official Ukrainian Mr. MORRISON. I did. I did, yes. sador Bolton about this conversation as contacts. But the odd push to make Presi- Mr. GOLDMAN. And what did he say to well? dent Zelensky publicly commit to investiga- you? Mr. MORRISON. I have reached out to him tions of Burisma and alleged interference in Mr. MORRISON. He said to tell the law- as well and requested his availability for a the 2016 election showed how the official for- yers. secure phone call. eign policy of the United States was under- Mr. GOLDMAN. And why did he say to tell Mr. GOLDMAN. And what was his response cut by the irregular efforts led by Mr. the lawyers? when you explained to him what Ambassador Giuliani. Mr. MORRISON. He did not explain his di- Sondland had said? Mr. Manager CROW. The Senators rection. Mr. MORRISON. Tell the lawyers. sought to reassure President Zelensky Mr. Manager CROW. Again, ‘‘tell the Mr. GOLDMAN. Did you go tell the law- that there was bipartisan support in lawyers.’’ yers? Ambassador Sondland’s call with Mr. MORRISON. When I returned to the Congress for providing the military States, yes. aid. President Trump on September 7 also Mr. GOLDMAN. And did he explain to you Also on September 5, the Washington prompted deep concern by Ambassador why he wanted you to tell the lawyers? Post editorial board reported concerns Taylor, which you have already heard Mr. MORRISON. He did not. that President Trump was withholding about.

VerDate Sep 11 2014 23:56 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.007 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S537 On September 8 and 9, Ambassador Giuliani’s scheme. And this is when the By lifting the hold only after Con- Taylor exchanged WhatsApp messages music stops and everyone starts run- gress had launched an investigation— with Ambassadors Sondland and ning to find a chair. when, as Lieutenant Colonel Vindman Volker, describing his ‘‘nightmare’’ Word of the committees’ investiga- testified, none of the ‘‘facts on the scenario that ‘‘they give the interview tion spread quickly through the White ground’’ had changed since the hold and don’t get the security assistance.’’ House to the NSC. Morrison recalled had been put in place—the President He then goes on to say: ‘‘The Russians seeing and discussing the letter with was conceding that there was never a love it. (And I quit.)’’ NSC staff. Lieutenant Colonel legitimate purpose. After the hold on the military aid be- Vindman also recalled discussions Since the hold was lifted, the Presi- came public, the White House took two among NSC staff members, including dent has paid lip service to purported actions in early September. Morrison’s deputy, John Erath, about concerns about corruption and burden- First, the White House and the Jus- the investigation. sharing. But the administration has tice Department ensured that the Act- The same day, there were efforts at taken no concrete steps before or since ing DNI continued to withhold the OMB to create a paper trail to try to those statements were made to show whistleblower complaint from Con- shift the blame for the President’s hold that it really cares. gress, in clear violation of the law. on security assistance away from the The record is clear. Before he got And second, the White House at- White House. Duffey sent an email to caught, the President had no interest tempted to create a cover story for the Elaine McCusker that contradicted in anti-corruption reforms in Ukraine. President’s withholding of the assist- months of email exchanges and stated And, as you have already learned, ance. falsely that OMB had in fact those people who really were concerned Approximately 2 months after Presi- ‘‘authoriz[ed] DOD to proceed with all about these issues—like Congress, this dent Trump had ordered the freeze, processes necessary to obligate funds.’’ Senate, the DOD, and the State De- Mark Sandy received an email from his Duffey was attempting to shift all the partment—had already gone through boss, Michael Duffey that, for the first responsibility for the delay onto the the process to address them. As Ambassador Sondland testified, at time, gave a reason for the hold. Sandy Pentagon. McCusker replied: ‘‘You no point did the President ask him to testified that in early September he re- can’t be serious. I am speechless.’’ ceived an email from Duffey ‘‘that at- Now, all of this—including OMB’s ef- discuss additional contributions to tributed the hold to the President’s forts to shift blame to the Pentagon, Ukraine from the EU countries, nor did President Trump push Ukraine to un- concern about other countries not con- the White House’s effort to create a dertake any specific anti-corruption tributing more to Ukraine.’’ cover story for the hold on security as- Again, after months of scrambling, reforms. sistance—was a continuation of the Now, the President’s counsel will this was the first time any reason had coverup. likely say that his lifting of the hold been provided for the hold. It started with the White House law- shows his good faith. They will say And according to Sandy, it was also yers’ failure to stop the scheme after that because Ukraine ultimately re- only in early September—again, after the July 10 meeting was reported to ceived the aid without President the White House learned of the whistle- them, continued with attempts to hide Zelensky having to announce the sham blower complaint and the hold became the July 25 call summary, and esca- investigations, then there was no abuse public—that the White House requested lated with the White House’s illegal of power. As a legal matter, the fact data from OMB on other countries’ as- concealment of the whistleblower com- that the President’s corrupt scheme sistance to Ukraine. plaint from Congress. was not fully successful makes no dif- So let’s recap why we know the con- On September 10, the House Intel- ference. Trump’s abuse occurred at the cern about burden-sharing was bogus. ligence Committee requested that the moment he used the power of the Presi- First, for months, no reason was given DNI provide a copy of the whistle- dency to assist his reelection cam- to the very people executing the mili- blower complaint as the law requires. paign, undermining our free and fair tary aid who had been actively search- But DNI continued to withhold the elections and our national security. ing for answers about why the aid was complaint for weeks. But, importantly, President Trump being held. The same day, it was announced that almost did get away with it. As dis- Second, remember the supposed Ambassador Bolton was resigning or cussed earlier, President Zelensky interagency process performed by had been fired. It is unclear whether agreed during his September phone call OMB? Well, it was fake. Ambassador Bolton’s departure from with Ambassador Sondland to do a And third, after the hold went public the White House had anything to do CNN interview during which he would and the White House became aware of with his opposition to the hold on mili- announce the investigations. On Sep- the whistleblower, they started scram- tary aid, but, of course, Ambassador tember 12, Ambassador Taylor person- bling to develop another excuse. Public Bolton could shed light on that himself ally informed President Zelensky and reports confirm this. if he were to testify. the Ukrainian Foreign Minister that A November 24 news report, for in- The next day, on September 11, Presi- President Trump’s hold on military as- stance, revealed that in September, Mr. dent Trump met with Vice President sistance had been lifted. On September Cipollone’s lawyers conducted an inter- PENCE, Mulvaney, and Senator 13, Ambassador Taylor and David nal records review. The review report- PORTMAN to discuss the hold. Later Holmes met with President Zelensky edly ‘‘turned up hundreds of documents that day, the President relented and and his advisers and urged them not to that reveal extensive efforts to gen- lifted the hold after his scheme had go forward with the CNN interview. erate an after-the-fact justification for been exposed. It was not until September 18 and the decision and a debate over whether The President’s decision to release 19—around the time that President the delay was legal.’’ the aid, like his decision to impose the Zelensky spoke with Vice President The President’s top aides were trying hold, was never explained. Cooper testi- PENCE—that the Ukrainians finally to convince the President to lift the fied that President Trump’s lifting of canceled the CNN interview. hold in late August and early Sep- the hold ‘‘really came out of the blue. The President has also repeatedly tember, and White House officials were . . . It was quite abrupt.’’ pointed to President Zelensky’s public actively working to develop an excuse The only logical conclusion, based statements that he did not feel pres- for the President’s scheme and devise a upon all of this evidence, is that the sured by Trump. Not only unsurprising, cover story in the event it was exposed, President lifted the hold on September it is also irrelevant. The question is and soon it would be. 11 because he got caught. whether President Trump used the On September 9, the chairs of the The President’s decision to lift the power of the Presidency to coerce House Intelligence Committee, the hold without any explanation is also President Zelensky into helping him Committee on Foreign Affairs, and the very telling. If the hold was put in win a political campaign. Committee on Oversight and Reform place for legitimate policy reasons, But we know that President publicly announced a joint investiga- why lift it arbitrarily with no expla- Zelensky was pressured. He kept delay- tion of President Trump and Mr. nation? ing and delaying because he did not

VerDate Sep 11 2014 23:56 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.009 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S538 CONGRESSIONAL RECORD — SENATE January 24, 2020 want to be a pawn in U.S. domestic pol- The President’s scheme to pressure that has the capacity, does a psycho- itics. Ukraine to do his political dirty work logical profile of the President of the In fact, President Zelensky remains harmed our national security, under- United States, as we profile other lead- under pressure to this day. As Holmes mined our free and fair elections, and ers. If a President can be so easily ma- testified, there are still things the even today—even today—threatens the nipulated to disbelieve his own intel- Ukrainians want and need from the very foundation of our democracy. ligence agencies, to accept the propa- United States, including a meeting When the President argues that his ganda of the Kremlin, that is a threat with the President in the Oval Office, call was ‘‘perfect,’’ that he did nothing to our national security. That is just which has still not been scheduled. And wrong, what he is really saying is that what has happened here, but that is not yes, Ukraine remains at war and needs there is nothing wrong with a Presi- all. U.S. military aid, including aid that is dent asking a foreign government to do President Trump’s willingness to en- still delayed from last year. For these a personal favor, that there is nothing tangle our foreign allies in a corrupt reasons, Mr. Holmes explained: wrong with the President pressuring political errand also undermined the I think [the Ukrainians are] being very that foreign country to interfere in our credibility of Americans to promote careful. They still need us now going for- elections for his personal benefit, that the rule of law and fight corruption ward. In fact, right now President Zelensky there is nothing wrong with with- abroad. is trying to arrange a summit meeting with holding congressionally appropriated This is ‘‘Trump first,’’ not ‘‘America President Putin in the coming weeks, his taxpayer-funded military assistance to first,’’ not American ideals first. And first face-to-face meeting with him to try to that foreign country to extort that the result has and will continue to be advance the peace process. country to help the President cheat to great harm to our Nation if this Cham- He needs our support. He needs—he needs win an election. President Putin to understand that America But there are a great many things ber does not stand up and say it is supports Zelensky at the highest levels. So wrong, if you do not stand up and say this doesn’t end with the lifting of security wrong with that. Most significant for the purposes that bring us here today, this is not only wrong, not only unac- assistance hold. Ukraine still needs us, and ceptable but conduct incompatible as I said, still fighting this war this very the Constitution does not permit it. day. The Constitution does not permit it be- with the Office of the Presidency. If it really is incompatible with the Office When President Trump, for his own cause that conduct is the quintessen- of the Presidency, if you cannot faith- personal political gain, asked for a tial abuse of power—the use of official fully execute that responsibility, if you favor from President Zelensky, he did power for personal gain, putting per- cannot bring yourself to put your Na- exactly what the Framers feared most: sonal interests over the national inter- tion’s interests ahead of your own, it He invited the influence of a foreign ests, and placing personal benefits over must be impeachable, for the Nation power into our elections. He used the our Nation’s security. remains at risk. power of his office to secure that ad- The President’s conduct that we out- Let’s consider the big picture, and vantage and jeopardized our national lined yesterday harmed our national probably a question many people security. security. That is without a doubt. It Yet President Trump maintains that endangered our elections and it has around the country are asking: Why he was always in the right and that his sent our country on a dangerous path does Ukraine matter to the United July 25 call with President Zelensky that if left unchecked will cause irrev- States? Why does Ukraine matter to was ‘‘perfect.’’ President Trump has ocable damage to the balance of power the United States? Because we are made it clear that he believes he is free contemplated in our Constitution. If talking about a small country that to use his powers the same way, to the someone sacrifices the national inter- many people know very little about. est in favor of his own and is not re- same ends, whenever and wherever he Well, this small country, this ally of moved from office, our democracy is in pleases. Even more troubling, he is ours, is a country hungry for reform jeopardy. It is just that simple. even doubling down on his abuse, invit- and eager for a stronger relation with The grave consequences of President its most powerful, important ally, the ing other countries to interfere in our Trump’s misconduct demand our atten- elections. United States. We are talking about tion. Let me take these issues in turn, ourselves and what it means to the What does all of this tell you? It tells beginning with this harm to national you that Ambassador Sondland was strength of our own democracy and de- security. mocracies around the world when coun- correct when he told Holmes after First, the President’s abuse of power hanging up with President Trump on tries like Ukraine are fighting our had immediate consequences to our se- fight against authoritarianism. It used July 26 that the President doesn’t care curity. Ukraine is a burgeoning democ- about Ukraine. He only cares about the to be our fight, and God help us if it is racy entangled in a hot war with Rus- not our fight still. ‘‘big stuff,’’ meaning stuff that helps sia. By withholding military aid, Presi- Russian President Putin declared the him personally. dent Trump not only denied Ukraine collapse of the Soviet Union to be the The bottom line is that the President much-needed military equipment but greatest geopolitical catastrophe of the used the powers of his office for per- also weakened Ukraine’s position in 20th century. Ukraine’s vote for inde- sonal political gain. He did so know- negotiations over the end of the war pendence in December 1991 was the ingly, deliberately, and repeatedly, and with Russia. Because of President final nail in the Soviet Union’s coffin. his misconduct continues to this day. Trump’s corrupt actions, Vladimir Mr. Manager SCHIFF. Senators, just Putin was emboldened at a pivotal mo- That made Ukraine’s greatest moment for your orientation, this will be the ment ahead of those sensitive negotia- Putin’s greatest tragedy. last presentation on article I, and, Mr. tions to attempt to end the war. An When it declared independence from Leader, I think at the conclusion of emboldened Russia is a threat to the Soviet domination, Ukraine inherited this presentation would be a logical United States and global security roughly 1,900 Soviet nuclear warheads, point to take a break. around the world. enough firepower to level every major This last section on article I deals The President’s willingness to put American city several times over—1,900 with the injury to our national inter- himself over country undercut our Eu- Soviet nuclear warheads. In exchange ests and our national security. ropean allies’ confidence in America’s for Ukraine’s surrendering this arsenal, When President Trump used commitment to deterring Russian ag- the United States, Russia, and the Ukraine’s leader for a political favor gression, and it signaled to adversaries United Kingdom reached an under- and withheld critical military aid to an and friends alike that the President of standing called the Budapest Memo- ally in exchange for that favor, he did the United States, the most powerful randum of 1994. They committed in this exactly what our Framers feared most: man in the world, our Commander in memorandum to respecting the borders He invited foreign interference in our Chief, could be influenced by manipu- of an independent Ukraine and also to elections and sold out our country’s se- lating his perception of what was best refrain from using the threat or use of curity for his personal benefit and be- for his personal interests. force against Ukraine. This was an trayed the Nation’s trust to a foreign Now, I have no doubt that the Rus- early success of the post-Cold War pe- power. sians, and probably every other nation riod.

VerDate Sep 11 2014 23:56 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.011 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S539 Despite its commitment to respect (Text of Videotape presentation:) The CHAIRMAN. And, indeed, Ukrainians Ukraine’s independence, of course, Rus- JOHN MCCAIN. . . . Putin also sees—here’s lose their lives every week. sia continued to meddle in Ukraine’s this beautiful and large and magnificent Ambassador TAYLOR. Every week. affairs. Ambassador Taylor recounted country called Ukraine. And suppose Mr. Manager SCHIFF. David Holmes how events took an even more sinister Ukraine, finally, after failing in 2004, gets it also testified that prolonging the war turn in 2013: right, democracy, gets rid of corruption, in Ukraine resulted in additional cas- (Text of Videotape presentation:) economy is really improving and it’s right ualties. there on the border of Russia. And so I think (Text of Videotape presentation:) Ambassador TAYLOR. In 2013, Vladimir it makes him very nervous if there were a Putin was so threatened by the prospect of success in Ukraine in bringing about a free DAVID HOLMES. As we sit here today, Ukraine joining the European Union that he and open society and economic success, Ukrainians are fighting a hot war on Ukrain- tried to bribe the Ukrainian President. This which is not the case in Russia, as you know, ian territory against Russian aggression. triggered mass protests in the winter of 2013 which is propped up by energy. This week alone, since I have been here in that drove that President to flee to Russia in Washington, two Ukrainian soldiers were February of 2014, but not before his forces Mr. Manager SCHIFF. Achieving the killed and two injured by Russian-led forces killed 100 Ukrainian protesters in central Ukrainian success that Senator in eastern Ukraine despite a declared cease- Kyiv. McCain and many of us hoped for fire. I learned overnight that seven more Mr. Manager SCHIFF. Angered by proved to be a daunting task, but sev- were injured yesterday. the fall of the Kremlin-backed leader eral witnesses who testified before the Mr. Manager SCHIFF. Withholding in Kyiv, President Putin ordered the House said Volodymyr Zelensky’s land- the aid has real consequences to real invasion of Ukraine—specifically, a re- slide election in April 2019 was a game soldiers with real families. Bear in gion known as Crimea. Russia’s aggres- changer. Here is how U.S. diplomat mind that U.S. aid is fully 10 percent of sion was met with global condemna- David Holmes explained the ‘‘historic Ukraine’s defense budget—10 percent. tion. opportunity’’ created by his election: That is not an extra bonus. That is nec- (Videotape presentation.) (Text of Videotape presentation:) essary aid for Ukraine to defend itself Mr. Manager SCHIFF. We don’t have DAVID HOLMES. Despite the Russian ag- on the frontline. the sound there, but you can see the gression, over the past 5 years, Ukrainians Now, a second consequence of Presi- images of that conflict on the screens have rebuilt a shattered economy, adhered to dent Trump’s withholding of military a peace process, and moved economically and assistance was that it emboldened Rus- before you. socially closer to the West, toward our way Deputy Assistant Secretary of De- of life. sia, our adversary. Here is Laura Coo- fense Laura Cooper testified as to the Earlier this year, large majorities of per, a Pentagon official, who oversaw stakes for U.S. national security: Ukrainians again chose a fresh start by vot- the military aid. (Text of Videotape presentation:) ing for a political newcomer as President, re- (Text of Videotape presentation:) Ms. COOPER. Russia violated the sov- placing 80 percent of their parliament, en- Mr. CARSON. So what about today? If the ereignty of Ukraine’s territory. Russia ille- dorsing a platform consistent with our demo- U.S. were to withdraw its military support of gally annexed territory that belonged to cratic values, our reform priorities, and our Ukraine, what would effectively happen? Ukraine. They also denied Ukraine access to strategic interests. Ms. COOPER. It is my belief that, if we its naval fleet at the time. And to this day, This year’s revolution at the ballot box un- were to withdraw our support, it would em- Russia is building a capability on Crimea de- derscores that, despite its imperfections, bolden Russia. It would also validate Rus- signed to expand Russian military power Ukraine is a genuine and vibrant democracy sia’s violation of international law. projection far beyond the immediate region. and an example to other post-Soviet coun- Mr. CARSON. And which country stands to Ms. CARSON. In 2014, were there concerns tries and beyond, from Moscow to Hong benefit the most—would stand to benefit the in Washington, here in Washington, and Eu- Kong. most from such a withdrawal? ropean capitals that Russia might not stop Mr. Manager SCHIFF. So American Ms. COOPER. Russia. in Ukraine? support for Ukraine’s security and re- Mr. Manager SCHIFF. Russia was not Ms. COOPER. I was not in my current posi- form is critical not only to our own na- only emboldened on the battlefield. tion in 2014, but it is my understanding that tional security but to other allies and Ambassador Taylor testified that there was significant fear about where Rus- emerging democracies around the sian aggression would stop. President Trump’s corrupt withholding world. The widely accepted fact of of military assistance and his failure to Mr. Manager SCHIFF. One Amer- Ukraine’s importance to our national host President Zelensky in the Oval Of- ican—a war hero and statesman who security makes President Trump’s fice was a ‘‘sign of weakness’’ to Mos- was no stranger to this body—recog- abuse of power and withholding of vital cow. It harmed Ukraine’s negotiating nized the threat posed by Russia’s in- diplomatic and military support all the position, even as recently as December vasion of Crimea: Senator John more disturbing. 9 when Zelensky and Putin met to dis- McCain. First, witnesses assessed that with- In an interview, he declared: ‘‘We are cuss the conflict in the east shown in holding the military aid likely helped this photo. all Ukrainians.’’ Senator McCain ad- to prolong the war against Russia. vised that this is a chess match remi- Ambassador Taylor explained: When wars drag on, more people die. (Text of Videotape presentation:) niscent of the Cold War, and we need to Ambassador Taylor testified to this realize that and act accordingly. He The CHAIRMAN. I think you also testified sober reality. that Russia was watching closely to gauge was, of course, absolutely right. (Text of Videotape presentation:) the level of American support for the Consistent with the commitments The CHAIRMAN. I take it, if the provision Ukrainian government. Why is that signifi- made to Ukraine in 1994, the United of the U.S. military assistance would save cant? States and Europe responded to Rus- Ukrainian lives, that any delay in that as- Ambassador TAYLOR. This is significant, sia’s invasion by imposing significant sistance may also cost Ukrainian lives. Is Mr. Chairman, because the Ukrainians, in sanctions on Russia. We joined Europe that true? particular under this new administration, in providing Ukraine billions of dollars Ambassador TAYLOR. Chairman, of course are eager to end this war, and they were in economic support to help it resist it’s hard to draw any direct lines between eager to end it in a way that the Russians Russian influence, and the Senate ap- any particular element of security assistance leave their territory. These negotiations, and any particular death on the battlefield. like all negotiations, are difficult. Ukrain- proved, by an overwhelming bipartisan But it is certainly true that that assistance ians would like to be able to negotiate from majority, vital security assistance to had enabled Ukrainian Armed Forces to be a position of strength or at least more help rebuild Ukraine’s military, which effective and deter and to be able to take strength than they now have. Part of that the former Russian-backed leader of countermeasures to the attacks that the strength, part of the ability of the Ukrain- Ukraine had starved of resources. Russians had— ians to negotiate against the Russians with This strong bipartisan support for The CHAIRMAN. I think you said that a the Russians for an end to the war in Ukraine reflected what Senator Ukrainian soldier lost their life while you Donbas, depends on United States and other McCain said was an opportunity for the were visiting Donbas. international support. If we withdraw or sus- Ambassador TAYLOR. We keep very care- pend or threaten to withdraw our security United States to undermine Russian le- ful track of the casualties. And I noticed, on assistance, that’s a message to the Ukrain- verage in Eastern Europe by building a the next day, the information that we got, ians, but it’s at least as important, as your ‘‘success’’ in Ukraine. Senator McCain that one was killed, four soldiers were question indicates, Mr. Chairman, to the outlined this vision: wounded on that day. Russians, who are looking for any sign of

VerDate Sep 11 2014 01:34 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.012 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S540 CONGRESSIONAL RECORD — SENATE January 24, 2020 weakness or any sign that we are with- Deterring Russia requires persist- more, Russia got the message. It drawing our support for Ukraine. ence—not just one military aid pack- wasn’t very inexplicable to Russia, The CHAIRMAN. And so, when the Ukrain- age or one Oval Office meeting but a which had pushed out the whole propa- ians learned of the suspension of the mili- tary aid, either privately or when others sustained policy of support for our ganda theory that it was Ukraine that learned publicly, the Russians would be partners. We only deter Russia by con- had interfered in our election and not learning also, and they would take that as a sistently demonstrating support for Russia. lack of robust U.S. support for Ukraine. Is our friends—friends like Ukraine. So that consensus among the Con- that right? George Shultz, who served as Ronald gress and the administration, among Ambassador TAYLOR. That’s correct, sir. Reagan’s Secretary of State, under- the right and the left and the center, The CHAIRMAN. And that would weaken stood this. He compared diplomacy and that, as Ambassador Taylor explained, Ukraine in negotiating an end to the war in this is not only vital to Ukraine’s secu- Donbas. alliance management to gardening. He Ambassador TAYLOR. It would. said: rity and the post-World War II order Mr. Manager SCHIFF. Indeed, the aid If you plant a garden and go away for six that has kept the peace in Europe for doesn’t just supply much needed weap- months, what have you got when you come 70 years, but it is vital to us and our se- back? Weeds. Diplomacy is kind of like that. curity as well, that all broke down. ons to Ukraine. It is a symbol of sup- You go around, talk to people, you develop a port, a signal of strength, a signal of That all broke down over an effort led relationship of trust and confidence, and by the President and his agent Rudy the backing of the United States. With- then if something comes up, you have that Giuliani and his agents Parnas and holding that aid, even for a period of base to work from. Fruman to overturn all of that—over- time, undermined all of those things. President Trump’s decision to trans- turn a decades-long commitment to President Trump’s actions toward form the military aid and Oval Office Ukraine also undercut worldwide con- standing up to Russian aggression. meeting into leverage was the equiva- We have so tremendously benefited. fidence in the United States as a reli- lent of trampling all over George No country has benefited more from able security partner. Maintaining that Shultz’s garden, crushing Ukraine’s the international rules of the road, the confidence is crucial to the strength of confidence in the United States as a international order, than the United our alliances in Europe to deterring partner. He also caused our NATO al- States. It gave us the peace and sta- Russia and ultimately protecting and lies to question whether we would bility to prosper like no other nation projecting democracy around the stand with them against Russia. Lead- has before, and we are throwing it world. ers in European capitals now wonder away. We are throwing it away. We are The United States has roughly 68,000 whether personal political favors and undermining the rule of law. We are troops stationed in Europe. They serve not treaty obligations guide our for- undermining the principle that you alongside troops from 28 other coun- eign policy. don’t invade your neighbor. We are un- tries that comprise the North Atlantic Colleagues, this is how alliances dermining the key to our own success. Treaty Organization, or NATO. They wither and die and how Russia wins. And for what? For help with a political are holding the line against further Ambassador Taylor made clear that is campaign. To quote Bill Taylor, that is Russian aggression. It was U.S. leader- why it is so important to our security crazy. That is crazy. ship that led to the creation of NATO that we stand with Ukraine. If our allies can’t trust us to stand 70 years ago as the Iron Curtain was de- (Text of Videotape presentation:) behind them in a time of need, we will scending across the heart of Europe, Ambassador TAYLOR. Mr. Chairman, as soon not have a single ally left. I know and it is American leadership that my colleague, Deputy Assistant Secretary it is painful to see some of our allies makes NATO work today. George Kent, described, we have a national and how they talk about this President NATO is also affected because other security policy, a national defense policy that identifies Russia and China as adver- because when they talk about this countries, friends and foes alike, know President, they are also talking about that we are committed to our collec- saries. The Russians are violating all of the rules, treaties, understandings that they the United States. It is painful to see tive defense; that an attack against committed to that actually kept the peace in our allies distance themselves from the one nation is an attack against all of Europe for nearly 70 years. Until they in- United States. It is more than painful; us. That principle deterred a Russian vaded Ukraine in 2014, they had abided by it is dangerous. It is dangerous to us. I invasion of Europe during the Cold sovereignty of nations, of inviolability of think it was Churchill who once said War. It has only been invoked once by borders. That rule of law, that order that there is nothing worse than allies ex- NATO in the aftermath of the Sep- kept the peace in Europe and allowed for prosperity as well as peace in Europe was cept having no allies. tember 11 terrorist attacks. New York If we are going to condition our sup- is a long way from the frontlines with violated by the Russians. And if we don’t push back on that, on those violations, then port for our allies on their willingness Russia, but our European allies stood that will continue. And that, Mr. Chairman, to be dragged kicking and screaming with us after that dark day. affects us. It affects the world that we live into our politics, if we are going to They deployed tens of thousands of in, that our children will grow up in, and our condition the strength of our alliance troops to Afghanistan and joined us in grandchildren. This affects the kind of world on whether they will help us cheat in fighting the al-Qaida terrorists who at- that we want to see abroad. So that affects an election, we are not going to have a tacked the Twin Towers and the Pen- our national interest very directly. Ukraine single ally left, and not a single one of tagon. is on the front line of that conflict. us in this Chamber is ever going to be Now, Ukraine is not a member of We understood that in 2017, the first able to say to one of our counterparts NATO, but Russia’s invasion of year of the Trump administration, and to respect the rule of law without it Ukraine was a threat to the peace and it appeared the Trump administration being thrown in our face. security of Europe. Moscow’s aggres- understood it as well. We understood it Promoting the rule of law and fight- sion threatened the rules of the road in 2018, and the Trump administration ing corruption is central to our foreign that have kept the peace in Europe understood that as well. We understood policy. It distinguishes U.S. global since World War II, the sacrosanct idea that in 2019, and the Trump adminis- leadership from the transactional ap- that borders cannot be changed by tration appeared to as well—at least it proach favored by authoritarian adver- military force. did until it didn’t. It did until some- saries. If we had not supported Ukraine in thing of greater importance and sig- The inherently corrupt nature of the 2014, if Members of this body had not nificance came along. That event of President’s demand that Ukraine in- voted overwhelmingly on a bipartisan greater significance to the Oval Office vestigate his political opponent under- basis for military assistance to rebuild was the emergence of Joe Biden as a mined the credibility of efforts to pro- Ukraine’s military, there is no ques- candidate for President, and then that mote the rule of law and combat cor- tion it would have invited further Rus- military support, which had increased ruption in Ukraine and around the sian adventurism in Ukraine and per- during the Trump administration, was world. Indeed, the President engaging haps elsewhere in the heart of Europe. suddenly put on hold for inexplicable in the very conduct at home that our It would have weakened our allies and reasons. policy fights abroad sabotages long- exposed U.S. troops stationed in Eu- Ukraine got the message. It wasn’t standing bipartisan pillars of American rope to greater danger. very inexplicable to Ukraine. What is diplomacy.

VerDate Sep 11 2014 00:18 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.013 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S541 This was a problem, not least because Immediately, he kept his promise and called ‘‘political investigations’’ a part of the pervasive corruption within introduced numerous bills in Ukraine’s U.S. foreign policy to promote the rule of Ukraine leaves its politics and econ- Parliament. In a sign that he intended law in Ukraine and around the world? Mr. KENT. It is not. omy susceptible to Russian influence to hold himself accountable, Zelensky Mr. GOLDMAN. Is it in the national inter- and subterfuge. even introduced a draft law on Presi- ests of the United States? Ambassador Yovanovitch emphasized dential impeachment. He also intro- Mr. KENT. In my opinion, it is not. that U.S. policy in Ukraine has long duced a bill to restore punishment of Mr. GOLDMAN. Why not? recognized that the struggle against top officials found guilty of ‘‘illicit en- Mr. KENT. Because our policies, particu- corruption and defending against Rus- richment.’’ larly in promoting the rule of law, are de- signed to help countries. And in Eastern Eu- sia are, in fact, two sides of the very President Trump’s self-serving rope and Central Europe, that is overcoming same coin. scheme threatened to undermine the legacy of communism. In the communist (Text of Videotape presentation:) Zelensky’s anti-corruption work. system in particular, the Prosecutor General Ambassador YOVANOVITCH. Corruption Zelensky’s successful anti-corruption Office was used to suppress and persecute makes Ukraine’s leaders ever vulnerable to reforms would have advanced U.S. se- citizens, not promote the rule of law. So, in Russia, and Ukraine people understand that. curity. Instead, President Trump’s de- helping these countries reach their own aspi- That’s why they launched the Revolution of mands undermined that effort to bring rations to join the Western community of Dignity in 2014, demanding to be a part of about reform to Ukraine. nations and live lives of dignity, helping them have the rule of law, with strong insti- Europe, demanding transformation of the Here is George Kent, a rule of law system, demanding to live under the rule of tutions, is the purpose of our policy. law. and corruption expert at the State De- Mr. GOLDMAN. So, in other words, it is a Ukrainians wanted the law to apply equal- partment. purpose of our foreign policy to encourage ly to all people, whether the individual in (Text of Videotape presentation:) foreign nations to refrain from conducting question is the President or any other cit- Mr. KENT. U.S. efforts to counter corrup- political investigations. Is that right? izen. It was a question of fairness, of dignity. tion in Ukraine focus on building institu- Mr. KENT. Correct. And, in fact, as a mat- Here, again, there is a coincidence of inter- tional capacity so that the Ukrainian Gov- ter of policy, not of programming, we often- ests. Corrupt leaders are inherently less ernment has the ability to go after corrup- times raise our concerns, usually in private, trustworthy while an honest and account- tion and effectively investigate, prosecute, with countries that we feel are engaged in able Ukrainian leadership makes a U.S.- and judge alleged criminal activities using selective political prosecution and persecu- Ukrainian partnership more reliable and appropriate institutional mechanisms, that tion of their opponents. more valuable to the United States. is, to create and follow the rule of law. That Mr. Manager SCHIFF. Ambassador A level playing field in this strategically means that if there are criminal nexuses for Yovanovitch aptly summarized the located country, bordering four NATO allies, activity in the United States, U.S. law en- global consequences and harm to U.S. creates an environment in which U.S. busi- forcement should pursue the case. If we national security resulting from Presi- ness can more easily trade, invest, and prof- think there’s been a criminal act overseas dent Trump’s demand that Ukraine in- it. that violates U.S. law, we have the institu- Corruption is also a security issue, because tional mechanisms to address that. It could vestigate his political opponent. corrupt officials are vulnerable to Moscow. be through the Justice Department and FBI (Text of Videotape presentation:) Mr. Manager SCHIFF. During that agents assigned overseas, or through treaty Ambassador YOVANOVITCH. Such con- conversation that we related in the mechanisms, such as a mutual legal assist- duct undermines the U.S., exposes our friends, and widens the playing field for past, when Ambassador Volker urged ance treaty. As a general principle, I do not believe the autocrats like President Putin. Our leader- his Ukrainian counterpart, Andriy United States should ask other countries to ship depends on the power of our example Yermak, not to investigate the past engage in selective politically associated in- and the consistency of our purpose. Both President of Ukraine and Yermak vestigations or prosecutions against oppo- have now been opened to question. threw it back in his face—you remem- nents of those in power because such selec- Mr. Manager SCHIFF. The issues I ber the conversation: Oh, you mean tive actions undermine the rule of law, re- just covered are not a matter of policy like the investigation you want us to gardless of the country. disagreement over foreign policy and do of the Clintons and the Bidens. They Mr. Manager SCHIFF. So it is clear: national security. Article I asserts that taught us something in that conversa- What President Trump did when abus- the President was engaged in no such tion. They taught us that we had for- ing his office and demanding Ukraine policy at all but, instead, sold out our gotten, for that moment, our own val- open an investigation into Joe Biden policies and our national interests for ues. was not fighting corruption. It was not his own personal gain and to help him Just listening to the Ambassador part of established U.S. anti-corruption corrupt the next election. That is the right now, I was thinking how inter- policy. That corrupt pressure campaign core conduct of an impeachable of- esting it is that Ukrainians chose to for his own, personal political benefit fense. describe their revolution as a Revolu- in fact subverted U.S. anti-corruption The President’s abuse of power also tion of Dignity. Maybe that is what we efforts in Ukraine and undercut our na- affected our election integrity. need here—a revolution of dignity at tional security. The Framers of our Constitution home, a revolution of civility here at President Trump is not fighting to were particularly fearful that a Presi- home. Maybe we can learn a lot more end corruption in Ukraine, as my col- dent might misuse or abuse the power from our Ukrainian ally. league in the House, Mr. HIMES, point- of his office to undermine the free and In short, it is in America’s national ed out during one of our hearings. He fair elections at the heart of our de- security interest to help Ukraine was trying to aim corruption in mocracy. Sadly, that moment has ar- transform into a country where the Ukraine at Vice President Biden and rived. President Trump’s repeated so- rule of law governs and corruption is our 2020 election. licitation of a Ukrainian investigation held in check. Selective, politically motivated pros- was a clear effort to leverage foreign As we heard yesterday, anti-corrup- ecutions of political opponents under- interference and bolster his prospects tion policy was a central part of the cut governance in Ukraine. President in the 2020 election; in other words, to talking points provided to President Trump’s demand that Zelensky help cheat in his election. Trump before his phone calls with him do precisely what U.S. diplomats In our democracy, power flows from President Zelensky on April 21 and for decades advised Ukrainian officials the will of the people as manifested in July 25. President Trump, of course, not to do completely undercut the free and fair elections. One person, one didn’t mention corruption, but, impor- credibility of efforts to promote the vote is fundamental in our democracy. tantly, those same foreign policy goals rule of law there. The demand also un- President Trump’s invitation of for- remained intact following the call, as dercut the U.S. moral standing and au- eign interference in the 2020 election— Tim Morrison testified. Anti-corrup- thority in the eyes of a global audi- for the purposes of helping him win an tion reforms—institutional reforms— ence. election—undercut the Constitution’s remain a top priority to help Ukraine Once again, here is George Kent. commitment to popular sovereignty. fight corruption. (Text of Videotape presentation:) Americans are now left to wonder if President Zelensky was swept into Mr. GOLDMAN. Mr. Kent, is pressuring their vote matters or if they are simply office on an anti-corruption platform. Ukraine to conduct what I believe you have pawns in a system being manipulated

VerDate Sep 11 2014 00:18 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.015 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S542 CONGRESSIONAL RECORD — SENATE January 24, 2020 by shadowy foreign forces working on sia to get involved in our election, or do you server. But I have—I have confidence in both behalf of the corrupt interests of a law- find evidence to suggest they’ll try to do this parties. I really believe that this will prob- less President. Over the long term, this again? ably go on for a while, but I don’t think it weakens our democratic system’s ca- MUELLER. Oh, it wasn’t a single attempt. can go on without finding out what happened They’re doing it as we sit here, and they ex- to the server. What happened to the servers pacity for self-governance by encour- pect to do it during the next campaign. of the Pakistani gentleman that worked on aging apathy and nonparticipation. the DNC? Where are those servers? They’re Cynicism makes it easier for enemies Mr. Manager SCHIFF. Not a single attempt. They’re doing it as we sit missing. Where are they? What happened to to influence our politics and undermine Hillary Clinton’s emails? Thirty-three thou- the national good. Indeed, this is pre- here, and they expect to do it in the sand emails gone—just gone. I think, in Rus- cisely what Vladimir Putin intended next campaign. sia, they wouldn’t be gone so easily. I think when he meddled in the 2016 election: That was Special Counsel Mueller’s it’s a disgrace that we can’t get Hillary Clin- for us to become more cynical; for us stark warning. And we now know that ton’s 33,000 emails. to lose faith in the notion that the Director Mueller was right. Just the Mr. Manager SCHIFF. I am sure you American system of government is su- other week, we saw public reporting remember this. It was, I think, unfor- perior to the corrupt, autocratic model that Russian hackers may be using gettable for every American. But I am of government that he has erected in phishing emails to attack Ukrainian sure it was equally unforgettable for Russia and sought to export to places gas company Burisma, presumably in Vladimir Putin. I mean, there he is, like Ukraine. search of dirt on Joe Biden. Those are the President of Russia, standing next These are not the free and fair elec- the same tactics deployed by the same to the President of the United States tions Americans expect or demand if adversary, Russia, that the special and hearing his own Kremlin propa- foreign powers are interfering. How can counsel warned about in the last elec- ganda talking points coming from the we know that our elections are free tion. It may be Russia once again at- President of the United States. Now, if from foreign interference, whether by tempting to sway our election for one that is not a propaganda coup, I don’t disinformation or hacking or fake in- candidate, this time through Ukraine. know what is. vestigations? We must not become Indeed, President Trump, to this very It is the most extraordinary thing. It numb to foreign interference in our day, refuses to accept the unanimous is the most extraordinary thing: the elections. assessment of our intelligence commu- President of the United States stand- Our elections are sacred. If we do not nity and law enforcement professionals ing next to the President of Russia, our act to put an end to the solicitation of that Russia interfered in the 2016 cam- adversary, saying he doesn’t believe his foreign interference in our election by paign and poses a threat to the 2020 own intelligence agencies. He doesn’t the President of the United States, the Presidential election. Instead, he views believe them. He is promoting this effect would be corrosive to our elec- it from his own personal lens—whether kooky, crazy server theory cooked up tions and our values. Future Presidents it is an attack on the legitimacy of his by the Kremlin, right next to the guy may believe that they, too, can use the 2016 electoral victory. who cooked it up. It is a breathtaking substantial power conferred on them Special Counsel Mueller’s testimony success of Russian intelligence. I don’t by the Constitution in order to under- on July 24, 2019, the day before the know if there has ever been a greater mine our system of free and fair elec- President’s call with President success of Russian intelligence. What- tions, that they, too, can cheat to ob- Zelensky, contradicted President ever profile Russia did of our Presi- tain power or keep it. That way lies Trump’s claim that his was ‘‘a clean dent, boy, did they have him spot-on. disaster for the great American experi- campaign.’’ Mueller found that individ- Flattery and propaganda. Flattery and ment in self-governance. uals associated with the 2016 campaign propaganda is all Russia needed. As you have seen, there is powerful of the President welcomed Russia’s of- As to Ukraine, well, they needed to evidence that President Trump will fers of assistance and adjusted their po- deliver a political investigation to get continue to betray the national inter- litical strategy so that then-Candidate help from the United States. I mean, est to a foreign power and further un- Donald Trump might benefit from Rus- this is just the most incredible propa- dermine both our security and democ- sia’s assistance. ganda coup. As I said yesterday, it is racy. This creates an urgent need to re- When they were subsequently asked not just that the President of the move him from office before the next by U.S. law enforcement about their United States, standing next to Vladi- election. activities, President Trump’s advisers mir Putin, is reading Kremlin talking To explain the nature of that con- repeatedly lied. In Helsinki in July of points; he will not read his own na- tinuing threat, let me describe Russia’s 2018, however, President Trump refused tional security staff talking points, but ongoing efforts to harm our elections, to acknowledge the Russian threat to he will read the Kremlin ones. It is not the President’s corrupt refusal to con- our elections. When a reporter explic- just that he adopts the Kremlin talk- demn or defend against those attacks, itly asked whether he believed Putin or ing points. That would be bad enough. his statements confirming that he wel- the U.S. intelligence agencies on the It is not bad enough, it is not damaging comes foreign interference in our elec- issue of foreign interference in the 2016 enough, it is not dangerous enough to tions so long as this is meant to help election, President Trump said: ‘‘I our national security that he is under- him and his conduct, proving that he don’t see any reason why it would mining our own intelligence agencies. will persist in seeking to corrupt elec- be’’—Russia—and talked about the It is not bad enough that he under- tions at the expense of our security and DNC server. mines those very agencies that he at the expense of those elections. (Text of Videotape presentation:) needs later, that we need later to have Let’s start with Russia’s ongoing at- President TRUMP. So let me just say that credibility. tacks on our democracy. At the heart we have two thoughts. You have groups that We just had a vigorous debate over of the President’s Ukraine scheme is are wondering why the FBI never took the the strikes against General Soleimani, his decision to subscribe to that dan- server. Why haven’t they taken the server? and the President has made his argu- Why was the FBI told to leave the office of ment about what the intelligence says gerous conspiracy theory that Ukraine, the Democratic National Committee? I’ve not Russia, was responsible for inter- been wondering that. I’ve been asking that and supports. How do you make those fering in 2016. President Trump and his for months and months, and I’ve been arguments when you say the U.S. intel- men pressured Ukraine into inves- tweeting it out and calling it out on social ligence community can’t be believed? tigating this bogus piece of Russian media. Where is the server? I want to know, Now, we have had a vigorous debate propaganda, and in doing so, they aided where is the server? And what is the server about what that intelligence has to Putin’s concerted plot to undermine saying? say. That is not the issue here. The our security and democracy. With that being said, all I can do is ask the issue here is you undermine the credi- question. My people came to me—Dan Coats bility of your own intelligence agen- Special Counsel Mueller warned that came to me and some others—they said they Putin’s plot was ongoing: think it’s Russia. I have President Putin; he cy—you weaken the country—for when (Text of Videotape presentation:) just said it’s not Russia. you need to rely on them, for when you HURD. Is this—in your investigation, did I will say this: I don’t see any reason why need to persuade your friends and your you think this was a single attempt by Rus- it would be, but I really do want to see the allies that ‘‘you can trust us when we

VerDate Sep 11 2014 00:18 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.017 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S543 tell you this is what the intelligence investigate during his July 25 call with tion, even after the scheme came to shows.’’ How do you make that argu- President Zelensky. light. Even after it became the subject ment, as the President of the United When the President talked about the of an impeachment inquiry, it contin- States, when you have just told the DNC server in Helsinki, with Vladimir ued, and the false statements about it world you trust the Russians more Putin standing by his side, he was ref- continued. than your own people? You trust Rudy erencing the same discredited con- President Trump repeatedly asserted Giuliani more than Christopher Wray. spiracy theory about the Ukraine in- that he had a prerogative to urge for- How do you make that case? And if you terference in 2016 that Putin repeatedly eign nations to investigate U.S. citi- can’t make that case, what does that promoted. zens who dare to challenge him politi- mean to our security? Let’s look at this Washington Post cally. But that is not the end of it. It is not article from July 2018. Just for a minute, we should try to just the propaganda coup. It is not just In the end, Trump’s performance alongside step into the shoes of someone else. My the undermining of our agencies. It is Putin in the Finnish capital seemed like a father used to say, you don’t under- also that the buy-in to that propa- tour through his most controversial con- stand a person until you step in their ganda meant that Ukraine wasn’t spiracy theories, tweets and off-the-cuff shoes. I also thought he invented that going to get money to fight the Rus- musings on Russia—except he did it all while wisdom himself until I watched ‘‘To abroad, standing just feet from Putin, the sians. Kill a Mockingbird’’ and found out that I mean, that is one hell of a Russian leader of one of America’s greatest geo- political foes. Atticus Finch said it first. intelligence coup. They got the Presi- The spectacle in Helsinki also underscored Let’s try to step into someone else’s dent of the United States to provide Trump’s eagerness to disregard his own ad- shoes for a moment. Let’s imagine it cover for their own interference with visers, his willingness to flout the conclu- wasn’t Joe Biden. Let’s imagine it was our election. They got the President of sions of his own intelligence community— any one of us. Let’s imagine the most the United States to discredit his own that Russia interfered in the 2016 elections— powerful person in the world was ask- and his apparent fear that pressing Putin on intelligence agencies. They got the ing a foreign nation to conduct a sham President of the United States to drive the subject might cast doubt on his electoral victory. investigation into one of us. What a wedge between the United States and would we think about it then? Would Ukraine. They got the President of the White House officials told the Wash- ington Post that President Trump’s re- we think that is good U.S. policy? United States to withhold aid from Would we think he has every right to Ukraine in a war with Russia, in a war marks in Helsinki were ‘‘very much counter to the plan.’’ do it? Would we think that is a perfect that is claiming Ukrainian lives every call? week. That is another understatement of the century. If that sounds familiar, it Let’s step, for a minute, into Ambas- Has there ever been such a coup? I sador Yovanovitch’s shoes, and we are would submit to you, in the entire is because the witnesses who testified before the House as part of the im- the subject of a vicious smear cam- length of the Cold War, the Soviet paign that no one in the Department Union had no such success—no such peachment inquiry all said the same thing about the July 25th phone call. we work for, up to the Secretary of success. And why? Because a former State, thinks has a shred of credibility. mayor of New York persuaded a Presi- The President ignored vital national security issues he was supposed to Let’s step into her shoes for a minute. dent of the United States to sacrifice We spent our whole life devoted to pub- all of that for a cheap shot at his polit- raise and instead raised disproven con- spiracies about 2016 and the DNC serv- lic service, served in dangerous places ical opponent, for a smear against his around the world, and we are hounded political opponent. Was it worth it? I er—the very same Russian propaganda out of our post. And one day someone hope it was worth it. I hope it was he publicly endorsed in Helsinki. releases a transcript of a call between worth it for the President because it Do you think it is going to stop now? the President of the United States and certainly wasn’t worth it for the Do you think if we do nothing it is a foreign leader, and the President says United States. going to stop now? All of the evidence Now, you can see President Trump is to the contrary. You know it is not there is going to be some things hap- did not blame Vladimir Putin and the going to stop. pening to you, or to you, or to you, or Russian intelligence agencies who The President just told one of the to you, or to you. How would you feel interfered in our election for the ques- Members of this body he still wants about the President of the United tions surrounding his victory. He did Biden investigated. It is not going to States? Would you think he was abus- not blame the people who worked for stop unless the Congress does some- ing the power of his office? If you his campaign and were subsequently thing about it. would, it shouldn’t matter that it convicted of lying to our law enforce- President Trump’s betrayal began in wasn’t you. It shouldn’t matter that it ment agencies. No. He blamed the in- 2016, when he first solicited Russian in- was Marie Yovanovitch. It shouldn’t vestigators—Special Counsel Mueller, terference in our election. matter that it was Joe Biden. I will tell the man in charge of getting to the (Text of Videotape presentation:) you something. The next time it just bottom of Russia’s interference in 2016. Candidate TRUMP. Russia, if you’re listen- may be you. It just may be you. And he chose to believe Vladimir ing, I hope you’re able to find the 30,000 Do you think for a moment that any Putin, a former Russian intelligence emails that are missing. of you, no matter what your relation- officer, rather than his own intel- Mr. Manager SCHIFF. That betrayal ship with this President, no matter ligence agencies. continued in Helsinki in 2018, when, as how close you are to this President—do We can see a pattern here. President we saw, he rejected the intelligence you think for a moment that if he felt Trump solicited interference from Rus- community’s assessment about Rus- it was in his best interest he wouldn’t sia as a candidate in 2016, and then his sian interference in that same elec- ask you to be investigated? Do you campaign welcomed Russian inter- tion—when he criticized U.S. officials think for a moment that he wouldn’t? ference in the election. investigating the Russian interference If somewhere deep down below you In Helsinki, President Trump chose and instead promoted Putin’s con- realize that he would, you cannot leave to believe Putin over his own agencies: spiracy theory about Ukraine. a man like that in office when he has ‘‘I don’t see any reason why it would The betrayal continued in 2019 when violated the Constitution. It shouldn’t be’’—referring to Russia. Instead of de- he carried out a scheme to cheat in the matter that it was Joe Biden. It could nouncing Russia’s interference, he de- 2020 election by demanding that the have been any of us. It may be any of nounced those investigating Russia’s leader of Ukraine—a U.S. partner us. It shouldn’t matter that it was interference, and he raised that now-fa- under military attack by Russia—an- Marie Yovanovitch. It will be some miliar DNC CrowdStrike server thing: nounced an investigation into the same other diplomat tomorrow, for some ‘‘I really do want to see the server. I baseless conspiracy theory about a other pernicious reason. don’t think it can go on without find- DNC server and the bogus allegations It goes to what Mr. JEFFRIES said. It ing out what happened to the server.’’ about Vice President Biden. goes to character. You don’t realize That is the exact same server that The abuse of power continues. He is how important character is in the President Trump demanded Ukraine still trying to cheat in the next elec- highest office in the land until you

VerDate Sep 11 2014 00:18 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.018 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S544 CONGRESSIONAL RECORD — SENATE January 24, 2020 don’t have it, until you have a Presi- Well, I don’t think that was John not change, nor will the danger associ- dent willing to use his power to coerce Adams’ point, and I don’t think that ated with him. Every piece of evidence an ally to help him cheat, to inves- was James Madison’s point, and I don’t supports the terrible conclusion that tigate one of our fellow citizens—one of think that was George Washington’s the President of the United States will our fellow citizens. point. If it was, they would have said: abuse his power again, that he will con- Yes, he is running for President. He ‘‘Get over it.’’ But they recognized, as tinue to solicit foreign interference to is still a U.S. citizen. He is still a U.S. I know we recognize, what a profound help corruptly secure his reelection. He citizen, and he deserves better than danger that would be for that to be- has shown neither remorse nor ac- that. come the new normal. knowledgement of wrongdoing. If you Of course, it wasn’t just Ukraine. It Another election is upon us. In 10 can believe that July 25 was a perfect wasn’t just Russia. There is the invita- months, voters will undertake their call, that asking for investigations of tion to China to investigate the Bidens. most important duty as citizens by your political opponents and using the It is not going to stop. going to the polls and voting for their power of your office to make it so is On September 19, Rudy Giuliani was leader. And so we must ask: What role perfectly fine, then, there is nothing interviewed by Chris Cuomo on CNN. will foreign powers play in trying to in- that would stop you from doing it You have probably all seen the clip. fluence the outcome? And if they take again. When asked specifically if he had urged the President’s side, who will protect President Trump has abused the Ukraine to look into Vice President our franchise if the President will not? power of his office and must be re- Biden, Mr. Giuliani replied imme- As charged in the first Article of Im- moved from that office. diately: ‘‘Of course I did.’’ ‘‘Of course I peachment, President Trump has dem- Mr. MCCONNELL, I yield back. did.’’ onstrated that he will remain a threat The CHIEF JUSTICE. The majority It shouldn’t matter that it was Joe to national security and the Constitu- leader is recognized. Biden. It wasn’t Hunter Biden there. It tion if allowed to remain in office and RECESS SUBJECT TO THE CALL OF THE CHAIR was Joe Biden. It wasn’t Hunter Biden has acted in a manner grossly incom- Mr. MCCONNELL. Mr. Chief Justice, on that call. It was Joe Biden. It patible with self-governance and the I suggest a 15-minute recess. shouldn’t matter whether it was Hun- rule of law. There being no objection, at 3:30 ter Biden or Joe Biden. We are talking Based on the abuse of power for p.m., the Senate, sitting as a Court of about American citizens. It shouldn’t which he was impeached and his ongo- Impeachment, recessed until 4:04 p.m.; matter to any of us which American ing powers to solicit foreign influence, whereupon the Senate reassembled citizens. both directly and through Mr. Giuliani, when called to order by the CHIEF JUS- He hasn’t stopped urging Ukraine to there can be little doubt that President conduct these investigations. Mr. TICE. Trump will continue to invite foreign Giuliani hasn’t. Donald Trump hasn’t. The CHIEF JUSTICE. The Senate interference in our elections again and To the contrary and consistent with will come to order. again. That poses an imminent threat everything we know about the Presi- Mrs. Manager DEMINGS. Mr. Chief to the integrity of our democracy. dent, he has done nothing but double Justice and Senators, first of all, I Our Founders understood that a want to join my colleagues in just down. President like Donald Trump might During the first week of December, thanking you for your patience and one day grasp the reins of power: an Mr. Giuliani traveled to Ukraine and your indulgence. unremorseful, overreaching executive, Hungary to interview the corrupt What I can tell you today is that we faithful to himself only, and willing to former Ukrainian prosecutors, who had are closer today than we were yester- sacrifice our democracy and national been pushing these false narratives day because I am prepared to present security for his own personal advan- about Vice President Biden and this article II: Obstruction of Congress. tage. His pattern of conduct—repeat- kooky conspiracy about 2016. Mr. The second Article of Impeachment edly soliciting foreign interference in Giuliani met with current members of charges the President with misusing our elections for his own benefit—con- the Ukraine Parliament who have ad- the powers of his high office to ob- firms that he will stop at nothing to vocated for that same fraudulent inves- struct the House impeachment inquiry. retain his power. He willfully chose to We are here today in response to a tigation. In June of last year, President place his own personal interests above blanket order issued by President Trump told ABC News that he would the country’s and the integrity of our Trump directing the entire executive take political dirt from a foreign coun- elections. branch to withhold all documents and There is every reason to believe that try if it was offered again. testimony from that inquiry. If he has learned anything from the will continue. He has stonewalled Con- President Trump’s obstruction of the tumult of the last 3 years, it is that he gress and ordered executive branch impeachment inquiry was categorical, can get away with anything, can do it agencies—organizations that work for indiscriminate, and historically un- again. He can’t be indicted. He can’t be the American people, not for the Presi- precedented. And its purpose was clear: impeached—can’t, if you believe our dent—to join in his obstruction. He de- to impede Congress’s ability to carry Attorney General, even be inves- ployed Mr. Giuliani to Ukraine to con- out its duties under the Constitution to tigated. tinue advancing a scheme that serves hold the President accountable for high Our Founders worried about a situa- no other purpose than advancing his crimes and misdemeanors. tion just like this. James Madison put 2020 reelection prospects. He attacked As part of his effort to cover up evi- it simply: The President ‘‘might betray witnesses, public servants, patriots, dence of his scheme to solicit foreign his trust to foreign powers.’’ In his who stayed true to their oath and lev- interference in the upcoming election, farewell address, George Washington eled with the American people about President Trump did something no warned Americans ‘‘to be constantly the grave national injury that resulted President has ever dared to do in the awake, since history and experience from the President’s misconduct. And history of our Republic. President prove that foreign influence is one of he continued to urge foreign nations to Trump directed the entire executive the most baneful foes of republican investigate American citizens that he branch not to cooperate with the government.’’ views as a threat. The threat that he House’s impeachment inquiry. Presi- John Adams, in a letter to Thomas will continue to abuse his power and dent Trump blocked every person who Jefferson wrote: cause grave harm to the Nation over works in the White House and every You are apprehensive of foreign Inter- the course of the next year, until a new person who works in every department, ference, Intrigue, Influence. So am I. But as President is sworn in or until he would agency, and office of the executive often as Elections happen, the danger of for- be reelected is not a hypothetical. branch from providing information to eign influence recurs. Merely exposing the President’s the House as part of the impeachment Or to quote the President’s Chief of scheme has not stopped him from con- inquiry. Staff: tinuing this destructive pattern of be- This was not about specific, narrowly Get over it. There is going to be politics in havior that has brought us to this som- defined security or privacy issues. Nor foreign policy. ber moment. He is who he is. That will was it based on potential privileges

VerDate Sep 11 2014 00:18 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.019 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S545 available to the executive branch. In- the White House, OMB, State Depart- Executive power without any sort of deed, President Trump has not once as- ment, and other agencies are actively restraint, without oversight, and with- serted executive privilege during this withholding highly relevant documents out any checks and balances is abso- process. that could further implicate the Presi- lute power. We know what has been This was a declaration of total defi- dent and his subordinates. said about absolute power: ‘‘Absolute ance of the House’s authority to inves- Over time, these documents and this power corrupts absolutely.’’ tigate credible allegations of the Presi- evidence will undoubtedly come to This is the very opposite of what the dent’s misconduct and a wholesale re- light, and I ask this body to not wait to Framers intended. The Framers of the jection of Congress’s ability to hold the read about it in the press or in a book. Constitution purposefully entrusted President accountable. You should be hearing this evidence the power of impeachment to the legis- The President’s order, executed by now—hearing this evidence now. lative branch so that it may protect his top aids, substantially interfered Now, there is one point that I would the American people from a corrupt with the House’s constitutionally au- like to make very clear. President President. Well, the times, Senators, thorized power to conduct an impeach- Trump’s wholesale obstruction of Con- have found us. If Congress allows Presi- ment inquiry. gress strikes at the very heart of our dent Trump’s obstruction to stand, it At President Trump’s direction, the Constitution and our democratic sys- essentially nullifies the impeachment White House itself refused to produce a tem of government. power. single document or record in response The President of the United States Senators, we are the keepers, the to a House subpoena that remains in could undertake such comprehensive protectors, the defenders of what the obstruction only because of the excep- full force and effect, and it continues Framers intended. We must hold any tional powers entrusted to him by the to withhold those documents from Con- unprincipled and undisciplined Execu- American people. Only one person in gress and from the American people. tive accountable. the world has the power to issue an But it is not just the White House. Senators, I know that this is not order to the entire executive branch. Following President Trump’s order, the easy. I don’t take this moment lightly. That person, Senators, as you know, is Office of the Vice President, the Office These are tough times. I remember the President. And President Trump of Management and Budget, the De- quite a few tough times during my 27 used that power not to faithfully exe- partment of State, the Department of years as a law enforcement officer, but cute the law but to order agencies and Energy, and the Department of Defense we must stop this President. Today we employees of the executive branch to all continued to refuse to produce a will explain why. conceal evidence of his misconduct. single document or record in response First, we will review key facts re- Now, I know that no other American garding the scope and breadth of Presi- to 71 specific requests, including 5 sub- could seek to obstruct an investigation poenas. dent Trump’s unprecedented actions to into his or her wrongdoing in this way. stop the House’s impeachment powers. Additionally, following President We all know that no other American Trump’s order, 12 current or former ad- As you well know, we covered many of could use the vast powers of our gov- these facts on Tuesday when we ex- ministration officials continue to ernment to undertake a corrupt refuse to testify as part of the House’s plained in depth what evidence the scheme to cheat to win an election and President had blocked from Congress. impeachment inquiry—not only cur- then use those same powers to suppress rent administration officials but We addressed documents we know the the evidence of his constitutional White House and other agencies are former administration officials as well. crime. We would not allow—I am con- concealing. We addressed testimony Nine of those witnesses, including sen- vinced that we would not allow any the President’s aides would provide if ior officials with direct firsthand member of our State or local govern- they testified under oath. We will, knowledge of the President’s actions, ments to use the official powers of therefore, review the documents and continue to defy subpoenas for testi- their office to cover up crimes and mis- witnesses briefly. mony because of the President’s order. deeds. As this body is well aware, may- Second, after surveying relevant his- And yet, despite President Trump’s ob- ors and Governors have gone to jail for tory and constitutional law, we will ex- struction, as you have heard and seen doing so. Sheriffs and police chiefs are plain why obstruction of Congress in throughout the House managers’ pres- certainly not immune. If we allow and of itself warrants impeachment entation of the facts of the President’s President Trump to escape account- and removal from office. scheme, the House gathered over- ability, we will inflict lasting damage Finally, we will demonstrate that whelming evidence of his misconduct on the separation of powers among our President Trump is without question from courageous public servants who branches of government—our funda- guilty of obstruction of Congress, that were willing to follow the law, comply mental system of checks and balances. his defenses lack any legal foundation, with subpoenas, and tell the truth. It would inflict irreversible damage by and that his actions pose a dire and On the basis of that formidable body allowing this Commander in Chief and continuing threat to the foundation of of evidence, the House adopted the first establishing precedence for future our constitutional framework. Article of Impeachment. These wit- Presidents to act corruptly or abu- This is very simple. It is simple. The nesses also testified with great speci- sively and then use the vast powers of President abused the powers entrusted ficity about extensive documents, com- their office—the Office of the Presi- in him by the American people in a munications, and records in the posses- dency—to conceal their own mis- scheme to suppress evidence, escape ac- sion of the White House and other conduct from Congress and the Amer- countability, and orchestrate a mas- agencies regarding the President’s ican people. In other words, we would sive coverup, and he did so in plain scheme to coerce Ukraine’s leader to create a system that allows this Presi- sight. His obstruction remains ongoing. help his reelection. dent and any future President to really Ms. Manager GARCIA of Texas. Mr. As you have heard over the past few do whatever he or she wants. Chief Justice, Senators, President’s days, the House was, therefore, able to It is an attack on congressional over- counsel: develop an extensive catalog of specific sight, not just on the House but also on Before I start, I, too, want to thank documents and pertinent communica- the Senate’s own ability to oversee and all the Senators for being so patient tions that go to the heart of the Presi- serve as a check on this and future and being such good listeners. It re- dent’s wrongdoing and which the Presi- Presidents in both Republican and minds me, quite frankly, of one of the dent has ordered be concealed from Democratic administrations. Without first days that I went to what was af- Congress and the American people. meaningful oversight, without the fectionately called ‘‘baby judge Revelations of evidence harmful to power of impeachment, Americans will school.’’ When we first got started, the President have only continued have to come to accept a far greater those were the first two things they since the House compiled its investiga- likelihood of misconduct by the Oval told us—that we needed to be patient tive reports. Recent court-ordered re- Office, and they would not be able to and that we needed to listen and that leases under the Freedom of Informa- look to other branches of government we needed to be fair and always give tion Act, as well as disclosures to the to hold their President—the people’s the opportunity to be heard to each media, have further demonstrated that President—accountable. side.

VerDate Sep 11 2014 00:18 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.022 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S546 CONGRESSIONAL RECORD — SENATE January 24, 2020 I am going to say that you have cer- freeze it. Instead, the White House Soon after, President Trump took tainly been playing a very good role as tried to keep the freeze secret. the matter into his own hands. The judges because, although I know the Maybe they kept it a secret because President used his authority and his of- press calls you jurors, I know that you a senior White House aide, Rob Blair, fice to wage a relentless and mis- are in the role of judges, and I com- accurately predicted to his boss, Mick leading public campaign to attack the mend you for being good listeners and Mulvaney, to ‘‘expect Congress to be- impeachment inquiry. for having the patience to listen to us come unhinged’’ if it learned that bi- The President spent time at rallies, these last 2 days and in our final re- partisan aid approved for a valuable at press conferences, and on Twitter marks today. So thank you all. foreign partner was being frozen for the trying to persuade the American people Ms. DEMINGS has given us an over- President’s personal gain. that the House’s inquiry was invalid view of the second Article of Impeach- But the coverup reached its peak and fraudulent. ment: Obstruction of Congress. soon after August 12 because, on Au- Here are just a few of President So let us now turn to the facts of the gust 12, a whistleblower filed a lawful Trump’s comments about the impeach- case because to fully appreciate the and protected complaint intended for ment inquiry. He called it ‘‘a witch scope and the scale of the President’s Congress with the inspector general of hunt,’’ ‘‘a COUP,’’ ‘‘an unconstitu- wrongdoing and the size of the coverup the intelligence community. The Presi- tional power grab,’’ and ‘‘a fraud he has orchestrated, it requires an un- dent, who was the subject of the com- against the American people.’’ He said derstanding of the evidence that he has plaint, learned of the filing well before it is ‘‘the phony Impeachment Scam,’’ lawlessly hidden from Congress and the Congress and the American people. ‘‘the phony Impeachment Hoax,’’ the In an effort to conceal the whistle- American people. ‘‘Ukraine Hoax,’’ and ‘‘a continuation blower’s concerns, the White House and President Trump categorically, indis- of the greatest Scam and Witch Hunt the Department of Justice took an un- criminately, and in unprecedented in the history of our Country.’’ precedented step. No administration fashion obstructed Congress’s impeach- Those are probably some of the ones had ever intervened in such a manner ment inquiry; in other words, he or- that I can repeat here. And it didn’t before. But President Trump maneu- chestrated a coverup. He did it in plain stop. The attacks did not end there. vered to keep the whistleblower’s con- sight. President Trump turned from rhetoric cerns from the congressional Intel- First, from the beginning, the Trump to action. ligence Committee. On October 8, the White House sent a administration sought to hide the In the history of the Intelligence President’s misconduct by refusing to Committee Whistleblower Protection letter to Speaker NANCY PELOSI in- turn over the Intelligence Committee Act, no credible and urgent complaint forming her that President Trump whistleblower complaint. That com- had ever, ever been withheld from Con- would seek to completely obstruct the plaint would sound the first alarm of gress—not ever before. It was through impeachment inquiry. They sent this the President’s wrongdoing. immense public pressure and vigorous letter. White House stationery. I Second, the President issued an order oversight by the House that the Trump shouldn’t say this—I am a lawyer—but prohibiting the entire executive branch administration ultimately produced a it is very lawyerly. It is an eight-page from participating in the impeachment complaint to the House and Senate In- letter. You know, lawyers can’t do one inquiry—no cooperation, no negotia- telligence Committees. I will add that thing in one page; we have to do it in tion, nothing—or as we say in Texas, even when it was produced, it was seven or eight. This was eight pages, nada. weeks after the legal deadline. and it is long. No worries, I am not Following the President’s orders, If the President’s efforts to conceal going to read it all. I just want to get Federal agencies refused to produce the whistleblower’s concerns had suc- to the bottom line. It says: ‘‘President documents, and key witnesses refused ceeded, Congress would never have Trump cannot permit his Administra- to testify. In fact, the President sanc- learned about the existence of the com- tion to participate in this partisan in- tioned specific directions to officials, plaint, let alone the allegations that it quiry under these circumstances.’’ ordering them to defy congressional contained. But this attempt to hide He was just saying: We are not going subpoenas. Third, and perhaps the most key information from Congress was to cooperate. reprehensible of all, the President only the first sign of what was to come. The letter is dated, again, October 8, waged a campaign of intimidation Following new, deeply troubling rev- and it is signed by Pat Cipollone, who against those brave public servants elations about the President’s July 25 is here, of course, with us today as the who did come forward to comply with call, on September 24, the Speaker of lead counsel for the President. their obligation under the law. the House announced that the House The President did not make any Senators, as I mentioned, I am a law- investigations into the President’s claim of privilege. The President did yer and a former judge. I have never scheme to pressure Ukraine for per- not make any attempt to compromise. ever seen anything like this from a liti- sonal gain would be folded into the on- He had no valid excuse. Although we gant or a party in any case, not any- going impeachment inquiry. Just days are all too familiar with President where. But from the very beginning of later, the President began to attack Trump’s rhetoric and rants, these this scandal, President Trump has the legitimacy of the House impeach- words in this letter on White House sought to hide and cover up key evi- ment inquiry. stationery, signed by his lead counsel dence. While standing on the tarmac at An- here today, have consequences. These The coverup started even before the drews Air Force Base, President Trump words have consequences. They were House began to investigate the Presi- argued that the House impeachment more than just ink on a page. They dent’s Ukrainian-related activity. It inquiry ‘‘shouldn’t be allowed.’’ He were more than just eight pages of began when the White House sought to claimed ‘‘There should be a way of words. conceal the record of Donald Trump’s stopping it—maybe legally, through In the days that followed, President July 25 call with the President of the courts.’’ Trump’s agencies and officials followed Ukraine by placing it on a highly clas- Let’s watch the President and what his order to conceal information from sified system. But, as we have said be- he had to say: Congress. Over the past few days, you fore, there was no legitimate national (Text of Videotape presentation:) have heard in extensive detail from all security reason to do so. The coverup The PRESIDENT. My call was perfect. The of us about some of the specific and in- continued. A top OMB official in- President, yesterday, of Ukraine said there criminating documents that the Presi- structed the freeze to be ‘‘closely was no pressure put on him whatsoever. dent has withheld from Congress. But, None whatsoever. And he said it loud and held.’’ In other words, ‘‘Don’t say any- clear to the press. What these guys are again, here is the bottom line: The thing to anybody.’’ doing—Democrats—are doing to this country House investigating committees sought Senators, you know that in order to is a disgrace and it shouldn’t be allowed. a total of 71 specific categories of docu- lock in the hold of the funding, the There should be a way of stopping it—maybe ments from 6 different agencies and of- President was required to notify Con- legally, through the courts. fices. President Trump blocked every gress about the amount of money in- Ms. Manager GARCIA of Texas. single one of these requests—all of volved and why he was intending to ‘‘There should be a way of stopping it.’’ them.

VerDate Sep 11 2014 01:34 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.023 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S547 Between September 27 and October lic servants, top to bottom. The execu- ministration released them publicly. 10, the investigating committees issued tive branch was all ordered by Presi- By contrast, the President turned over subpoenas to the Department of State, dent Trump not to provide information nothing in response to the House im- the White House, the Office of Manage- to Congress. The President offered no peachment investigation. ment and Budget, Department of De- accommodation and no opportunity for Senators, there still is another com- fense, and the Department of Energy. negotiation. ponent of the President’s obstruction The committees always remained open Ultimately, each agency and office that I want all of us to focus on. to working with the executive branch followed the President’s order. In re- Not only did the President block to discuss and prioritize the subpoenas. sponse to each subpoena, the Trump agencies and offices from producing Some agents initially suggested that administration produced no docu- documents, his administration also they might comply. For example, a few ments—nothing, nada—and the agen- blocked current and former officials days after receiving the subpoena, the cies and offices made clear that it was from identifying, producing, or even re- Department of State staff reached out due to the President’s instructions. viewing relevant documents. to the committee to ‘‘discuss accom- They always deferred to that October 8 First, the Trump administration ac- modations.’’ letter. tively discouraged its employees from As you all know, the accommodation For example, despite the Secretary’s even identifying documents responsive process is when Congress and the exec- initial signal of cooperation—I gave to the committees’ request. utive branch discuss priorities and con- you the quote from when he was asked Deputy Assistant Secretary George cerns so that the committee gets what specifically on TV. He said they would Kent testified in his deposition that he it needs most efficiently, while mini- try to cooperate. But despite that, the informed the State Department attor- mizing any burden to the agency. Department of Defense later refused to ney about additional responsive On October 7, the committee staff respond to the committee’s subpoena. records that the Department had not met with State Department officials. In a letter to the committees, the De- collected. According to Kent, the De- During that conversation, the commit- partment of Defense echoed many of partment attorney ‘‘got very angry’’ tees made a good-faith attempt to en- the White House’s unsupported legal and ‘‘objected to [Mr. Kent] raising of gage the Department in negotiations. arguments and concluded: ‘‘In light of the additional information.’’ He ‘‘made To start, the committees requested these concerns, and in view of the clear that he did not think it was ap- that the Department prioritize produc- President’s position as expressed in the propriate for [Mr. Kent] to make the tion of a narrow set of nonprivileged White House Counsel’s October 8 letter, suggestion.’’ documents. The Department’s rep- and without waiving any other objec- So here is a lawyer telling the wit- resentatives stated that they would tions to the subpoena that the Depart- ness: Don’t say that. I just—frankly, as take the request back to senior State ment may have, the Department is un- a lawyer and former judge, I just can’t Department officials, but that was the able to comply with your request for believe something like this would hap- end. That was the end. Those priority documents at this time.’’ pen. But Kent responded that he was documents were never provided to the In a TV interview on ‘‘Face the Na- just trying to ‘‘make sure that the De- committees. tion, they tried to ask him again. When partment was being fully responsive.’’ In addition to the State Department, asked by Chris Wallace on FOX News: Second, the Trump administration the Department of Defense also showed Question. And—but do you feel Congress refused to permit individual witnesses an initial interest in cooperating. Dur- has a right to oversight and to be able to see to produce relevant documents them- ing an October 13 television appear- documents from the Pentagon about a pro- selves. ance, Secretary of Defense Mark Esper gram that was approved by Congress? After the State Department failed to Answer. Well, they do, but provided it’s respond to voluntary requests for docu- stated repeatedly that the Department done in the right and proper way. And I of Defense would seek to comply. He ments at the beginning of the inves- think that was the issue. Again, I think my tigation, the committee sent document said on air, on TV, that they would reputation is pretty good in terms of being seek to comply with the subpoena. very transparent. I like to communicate requests to six individual State Depart- In an exchange on ‘‘Face the Na- with members of Congress. But in this case, ment employees. Secretary Pompeo ob- tion,’’ he was specifically asked: they were—my recollection is that there jected to the committee’s request to were technical and legal issues that prohib- State officials, calling them ‘‘an act of Question. Very quickly, are you going to ited us from doing exactly what was re- comply with the subpoena that the House intimidation and invitation to violate quested by Congress. provided you and provide documents to them federal court laws.’’ He also claimed regarding the halt to military aid to So he said he would try to cooperate, that the House inquiry was ‘‘an at- Ukraine? to seek to comply, but now they are tempt to intimidate, bully, and treat Answer. [From the Secretary] Yeah we will back-peddling. But, Senators, there improperly the distinguished profes- do everything we can to cooperate with the were no valid technical or legal argu- sionals of the Department of State.’’ Congress. Just in the last week or two, my ments. None were put forth to justify Now we were the bullies. But let’s be general counsel sent out a note as we typi- the stonewalling of the impeachment clear: His statement has been contra- cally do in these situations to ensure docu- ments are retained. inquiry. The documents President dicted by actual State Department pro- [But, again, the question is] Is that a yes? Trump is withholding are highly rel- fessionals from whom the committees Answer. [By the Secretary] That’s a yes. evant, responsive, and would further sought documents. Kent testified that Question. You will comply with the sub- our understanding of the President’s he ‘‘had not felt bullied, threatened, poena? scheme. and intimidated’’ by the House. In fact, Answer. [Again, by the Secretary] We will Here is just a sampling of the docu- Kent said that the language in Sec- do everything we can to comply. ments we know exist that are cur- retary Pompeo’s letter, which had been These are his very own words: We can rently being withheld: National Secu- drafted by a State Department attor- comply. rity Advisor John Bolton’s notes, Am- ney, was without consulting Mr. Kent. But remember that October 8 letter bassador Taylor’s first-person cable to He said: ‘‘It was inaccurate’’—‘‘inac- from the White House Counsel sent to Secretary Pompeo, emails between curate.’’ Then the State Department the Speaker stating the President’s po- OMB and other agencies about the ordered witnesses to withhold docu- sition of total defiance. President President’s directive to place a hold on ments from Congress. Trump—again, I will quote it. It said: the Ukraine military aid, and the hun- For example, on October 14, the De- ‘‘President Trump cannot permit his dreds of heavily redacted documents partment sent a letter to Kent’s per- Administration to participate in this that the administration has now sonal attorney warning—warning: partisan inquiry under these cir- turned over to third parties under ‘‘Your client is not authorized to dis- cumstances.’’ FOIA court orders. close to Congress any records relating So every department and every of- Certainly the documents released to official duties.’’ fice, top to bottom, of the executive pursuant to the FOIA lawsuits were Certain witnesses defied those orders branch was under these instructions. not subject to any claims of privilege and produced the substance of key doc- You know, that is about 2 million pub- or confidentiality or burden. The ad- uments, providing critical insight into

VerDate Sep 11 2014 00:18 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.025 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S548 CONGRESSIONAL RECORD — SENATE January 24, 2020 the President’s scheme. Other wit- President Nixon, who famously at- Third, President Trump’s blanket nesses produced documents to the tempted to defy a subpoena for tape re- order not only directed them to refuse Trump administration so they could be cordings of his conversations, let his to participate voluntarily; it also di- turned over to Congress, but now the most senior staff testify before Con- rected them to defy House subpoenas. administration is also sitting on those gress. Fourth, President Trump’s blanket documents and is refusing to turn them I remember listening on TV as John order directly prevented the three OMB over. Ambassador Taylor testified that Dean testified before the Senate Water- officials from providing testimony to he turned over documents to the gate Committee. He was the Presi- the House. Trump administration but, to his dent’s lawyer. President Nixon didn’t There is no question about the scope knowledge, they had not been produced block him. Not only did President of President Trump’s order. It was to the House. Nixon allow his staff to testify before total. There is no question about the Let’s watch. Congress; he publicly directed them to intent of the order. It was clearly un- (Text of Videotape presentation:) testify and without demanding a sub- derstood by administration officials, as Mr. QUIGLEY. But has any of the docu- poena. shown by OMB. And there is no ques- ments that you turned over, to your knowl- Actually, with the Senate Watergate tion the order had an impact. It di- edge, been turned over to the committee? investigation, President Nixon said: rectly prevented the House from get- Ambassador TAYLOR. No. All members of the White House staff will ting testimony from the three senior Ms. Manager GARCIA of Texas. Sen- appear voluntarily when requested by the officials at OMB. ators, I will confirm. The committees committee. They will testify under oath, and So here we are. The President of the they will answer fully all proper questions. have not seen not one of these docu- United States issued an official order ments—none. Now compare that to President forbidding every single person who Finally, if it could be any worse— Trump. He publicly attacked the works for the executive branch of our House’s impeachment inquiry, calling well, it is—a Trump administration of- government from giving testimony to it ‘‘constitutionally invalid,’’ and he ficial, Ambassador Sondland, informed the House as part of an impeachment ordered every single person working in us that he was not even permitted to investigation. That order prevented the the executive branch to defy the House review his own relevant records in House from getting testimony from preparation for their testimony. Again, impeachment inquiry. As just discussed, in the letter to the witnesses who knew about the Presi- this would be his own records so that dent’s conduct. he could prepare to testify. Speaker of the House, the White House Counsel said that President Trump The matter is simple. It is plain to Let’s watch. see. The question we here in Congress (Text of Videotape presentation:) ‘‘cannot permit his administration to participate.’’ must ask is whether we are prepared to Ambassador SONDLAND. I have not had turn a blind eye to a President’s ob- access to all of my phone records, State De- No President ever used the official power of his office to prevent witnesses struction—obstruction not only of partment emails, and many, many other oversight but also the power to deter- State Department documents. And I was told from giving testimony to Congress in I could not work with my EU staff to pull to- such a blanket and indiscriminate mine whether Congress may gather evi- gether the relevant files and information. manner. There is no telling how many dence in an impeachment proceeding. Having access to the State Department ma- government officials would have come If the Senate is prepared to accept terials would have been very helpful to me in forward if the President hadn’t issued that, it will mean that not only Presi- trying to reconstruct with whom I spoke and this order. dent Trump but all Presidents after met and when and what was said. Let’s look at some of the witnesses him will have veto power over My lawyers and I have made multiple re- Congress’s ability to conduct oversight quests to the State Department and the who followed the President’s orders. White House for these materials. Yet these The House issued subpoenas to com- and the power of impeachment. The materials were not provided to me, and they pel the testimony of three officials at House was not prepared to accept that, have also refused to share these materials the Office of Management and Budget: and that is why the House approved ar- with this committee. These documents are Acting Director Russell Vought, Asso- ticle II. not classified and, in fairness—and, in fair- ciate Director Michael Duffey, and As- As you consider what you think ness—should have been made available. sociate Director, Brian McCormack. about this, please know that President Ms. Manager GARCIA of Texas. Of According to testimony in the House, Trump’s blanket order was not the end course, we agree. which was reinforced by emails re- of his campaign to obstruct the im- At President Trump’s order, agencies cently revealed through the Freedom peachment inquiry. Actually, it was and offices refused to produce docu- of Information Act lawsuits, OMB was just the beginning. ments in response to the committee’s just central to the President’s hold on In addition to his total ban of gov- requests, and they refused to allow in- security assistance to Ukraine. Its offi- ernment witnesses, President Trump dividual witnesses to do so either. cials served as conduits for the White also sent specific explicit orders. He di- So let’s recap. No documents—zero, House to implement the hold without rected key witnesses to defy subpoenas goose egg, nada—in response to over 70 directly engaging the agencies that ac- and to refuse to testify as part of the requests—70 requests and 5 subpoenas. tually supported release of the aid. House’s impeachment inquiry. There was no attempt to negotiate, no President Trump directed these three As you know, the House subpoenaed genuine attempt to accommodate. OMB officials to violate their legal ob- Acting White House Chief of Staff Mick There was categorical, indiscriminate, ligation by defying lawful subpoenas, Mulvaney. We wanted his testimony. and unprecedented stonewalling. and they followed his orders. At a White House press briefing in Again, never in my time as a lawyer This isn’t just an argument. It is a October—I know you have seen it be- or as a judge have I seen this kind of fact. In response to House subpoenas, fore—Mr. Mulvaney confirmed what we total disrespect in defiance of a law- OMB sent a letter to Chairman SCHIFF had suspected. Mr. Mulvaney admitted fully issued subpoena—and all on Presi- refusing to comply. This is what the that President Trump withheld the aid dent Trump’s orders. And it could con- letter said: ‘‘As directed by the White to pressure Ukraine into announcing tinue because this obstruction of Con- House Counsel’s October 8, 2019, letter, an investigation into the conspiracy gress is real, and it is beyond—be- OMB will not participate in this par- theory that Ukraine interfered in the yond—comparison. This President tisan and unfair impeachment in- 2016 elections. Here are his words. should be removed. quiry.’’ (Text of Videotape presentation:) Ms. Manager LOFGREN. Mr. Chief In that simple statement, OMB ad- Mr. MULVANEY. Did he also mentioned to Justice and Senators, let’s turn to mitted several key points. First, Mr. me in the past the corruption that related to President Trump’s efforts to stop wit- Cipollone’s letter of October 8 was an the DNC server? Absolutely, no question nesses from testifying. official directive from the White about that. But that’s it, and that’s why we No other President facing impeach- House. held up the money. ment has taken the extreme step to Second, President Trump’s blanket Ms. Manager LOFGREN. After this prohibit executive branch witnesses order applied to OMB and the three of- really stunning admission, the House from testifying before Congress. Even ficials subpoenaed by the House. issued a subpoena to require Mr.

VerDate Sep 11 2014 00:18 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.027 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S549 Mulvaney to testify, but on the day of Trump forced those officials to choose Pompeo, was quite aware of the deal to Mr. Mulvaney’s scheduled deposition, between submitting to the demands of trade an invitation to the White House the White House sent a letter to his their boss or breaking the law. Nobody for a statement from President personal attorney. It prohibited him should abuse a position of power in Zelensky. from obeying the subpoena. The letter that way. But President Trump specifi- Indeed, Ambassador Sondland con- said: ‘‘The President directs Mr. cally ordered all three of these senior firmed that he kept them in the loop. Mulvaney not to appear at the Com- White House officials—Mulvaney, Here is his testimony: mittee’s scheduled deposition.’’ Blair, and Eisenberg—to defy the (Text of Videotape presentation:) When he issued this order, President House’s subpoenas and refuse to tes- Ambassador SONDLAND. We kept the Trump doubled down on his previous tify. leadership of the State Department and the blanket order. He did so after the President Trump’s efforts to conceal NSC informed of our activities, and that in- House voted to approve resolution 660, his actions didn’t stop there, and they cluded communications with Secretary of State Pompeo; his counselor, Ulrich which in no uncertain terms made didn’t stop at the front door of the Brechbuhl; his Executive Secretary, Lisa clear that Mr. Mulvaney was being sub- White House. No less than 12 other wit- Kenna; and also communications with Am- poenaed to testify in an impeachment nesses were specifically ordered not to bassador Bolton, Dr. Hill, Mr. Morrison, and investigation. testify. One of those witnesses, Ulrich their staff at the NSC. They knew what we This order was the first of many. Brechbuhl, hasn’t been highlighted were doing and why. President Trump also ordered another much over the past few days, but the Ms. Manager LOFGREN. Eight other White House official, Robert Blair, not way he fits into the story is worth not- witnesses were also ordered not to tes- to testify. Mr. Blair is Mr. Mulvaney’s ing. tify as part of the House’s impeach- senior adviser and his closest aide. He Mr. Brechbuhl is a senior official at ment inquiry, but those eight wit- was involved in communications about the State Department. Like these nesses came forward anyway, despite the hold on Ukraine aid. other senior officials, he was ordered the President’s efforts to prevent them The day after his initially scheduled not to testify. In a letter to the House, from testifying. All of the following deposition, Mr. Blair’s personal attor- his attorney said: ‘‘Mr. Brechbuhl has witnesses were told not to testify: Am- ney sent a letter to the House. It said: received a letter of instruction from bassador Marie Yovanovitch, Ambas- ‘‘Mr. Blair has been directed by the the State Department directing that he sador Gordon Sondland, Deputy Assist- White House not to appear and tes- not appear.’’ Mr. Brechbuhl is still an- ant Secretary of State George Kent, tify.’’ other person who could shed light on Ambassador Bill Taylor, Deputy As- The House also wanted testimony President Trump’s actions. He was sistant Secretary of Defense Laura from John Eisenberg, the senior attor- kept updated on Rudy Giuliani’s broad- Cooper, Deputy Associate Director at ney on President Trump’s National Se- er efforts in Ukraine. He had firsthand OMB Mark Sandy, State Department curity Council. As you have heard over knowledge of Secretary Pompeo’s in- official Catherine Croft, and State De- the past few days, key witnesses, in- volvement. For one thing, he handled partment official Christopher Ander- cluding Dr. Hill and Lieutenant Colo- Ambassador Yovanovitch’s recall from son. Each of these eight witnesses fol- nel Vindman, said they were concerned Ukraine, though he refused to meet lowed the law. They obeyed House sub- by President Trump’s efforts to pres- with her in the aftermath. poenas, and they testified before the sure Ukraine. They were told to report Also, messages by Ambassador House. these concerns to Mr. Eisenberg. Volker show that Mr. Brechbuhl knew In all, we know that by issuing the The day before his scheduled deposi- about Mr. Giuliani’s efforts in Ukraine blanket order and later specific orders, tion, the White House sent a letter to as they occurred. On July 10, Ambas- President Trump prevented at least 12 Mr. Eisenberg’s personal attorney. It sadors Taylor, Volker, and Sondland current or former administration offi- said: ‘‘The President directs Mr. discussed Rudy Giuliani’s push abroad. cials from testifying during the Eisenberg not to appear at the Com- While discussing the problems Rudy House’s impeachment inquiry. He spe- mittee’s deposition.’’ Now, that lan- was creating by meddling in official cifically forced nine of those witnesses guage is starting to sound familiar. U.S. foreign policy, Ambassador Taylor to defy duly authorized subpoenas. Mr. Eisenberg’s personal attorney noted that he ‘‘briefed Ulrich this The facts are straightforward, and then sent a letter to the House. The afternoon.’’ Also on August 11, Ambas- they are not in dispute: letter said this: sador Sondland emailed Mr. Brechbuhl First, in the history of our Republic, Under these circumstances, Mr. Eisenberg to ask him to brief Secretary Pompeo no President ever dared to issue an has no other option that is consistent with in the statement he was negotiating order to prevent even a single govern- his legal and ethical obligations except to with President Zelensky, the aim of ment witness from testifying in an im- follow the direction of his client and em- ‘‘making the boss happy enough to au- peachment inquiry. ployer, the President of the United States. thorize an invitation.’’ Second, President Trump abused the Accordingly, Mr. Eisenberg will not be ap- Ambassador Sondland wrote to him: power of his office by using his official pearing for a deposition at this time. Kurt and I negotiated a statement from Z power in an attempt to prevent every Now, that language, I think, is im- to be delivered for our review in a day or single person who works in the execu- portant. And it is telling. It shows that two. The contents will hopefully make the tive branch from testifying before the President Trump’s order left Mr. boss happy enough to authorize an invita- House. Eisenberg with ‘‘no other option that is tion. Finally, President Trump’s orders, in consistent with his legal and ethical Now, State Department Executive fact, prevented the House from obtain- obligations.’’ By directing him to defy Secretary Lisa Kenna answered Ambas- ing key witness testimony from at a lawful subpoena, President Trump sador Sondland several hours later, let- least 12 current or former government created a legal and ethical problem for ting him know that she passed that in- officials. Mr. Eisenberg. formation on to Secretary Pompeo. President Trump’s orders were clear; I am sure you know, contempt of Let’s pause here and consider why this they were categorical; they were indis- Congress can be punished as a criminal message to Mr. Brechbuhl, which the criminate; and they were wrong. They offense. It carries the possible sentence State Department continues to con- prevented key government witnesses of up to 12 months in jail. No President ceal, is important. In this exchange, from testifying. There is no doubt. has ever dared, during an impeachment Ambassador Sondland told Brechbuhl That is obstruction, plain and simple. inquiry, to officially and explicitly that he had negotiated a deal to get Mrs. Manager DEMINGS. Mr. Chief order government witnesses to defy President Zelensky to make a state- Justice, now let us turn to some final House subpoenas. You don’t have to ment and that Sondland hoped that the sets of facts. In a further effort to si- consider high-minded constitutional promised statement would ‘‘make the lence his administration, President principles to understand why this was boss happy enough to authorize an in- Trump engaged in a brazen effort to wrong. It is simple, really. By ordering vitation.’’ publicly attack and intimidate the specific government officials to defy It shows that senior State Depart- dedicated public servants who came congressional subpoenas, President ment leadership, including Secretary forward to testify. To be clear, these

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.028 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S550 CONGRESSIONAL RECORD — SENATE January 24, 2020 witnesses didn’t seek the spotlight in Ambassador YOVANOVITCH. It is very in- vember 19, seeking to question his loy- this way. For years, they had quietly timidating. alty to the United States. The Presi- and effectively performed their duties Mr. SCHIFF. It is designed to intimidate, dent retweeted that Lieutenant Colo- on behalf of our national interest and is it not? nel Vindman was offered the position Ambassador YOVANOVITCH. I mean, I on behalf of the American people. can’t speak to what the President was trying of Defense Minister for the Ukrainian Why would they seek the spotlight in to do, but I think the effect is to be intimi- Government three times. Lieutenant this way, knowing that the President dating. Colonel Vindman, the national security of the United States would lead the Mr. SCHIFF. Well, I want to let you know, director for Ukraine, has been an Ac- chorus of attacks against them. And he Ambassador, that some of us here take wit- tivity Duty Army officer for more than did. In response, the President issued ness intimidation very, very seriously. 20 years. Lieutenant Colonel Vindman threats, openly discussed possible re- Mrs. Manager DEMINGS. The House earned a Purple Heart for wounds he taliation, attacked their character and also subpoenaed the public testimony sustained in an improvised explosive patriotism, and subjected them to of Ambassador William B. Taylor, an- attack or device in Iraq. mockery and other insults—the Presi- other career public servant, who grad- President Trump’s campaign of in- dent. The President’s attacks were uated at the top of his class from West timidation is reprehensible, debases broadcast to millions of Americans, in- Point, served as an infantry com- the Presidency, and was part of his ef- cluding the witnesses, their families, mander in Vietnam, and earned a fort to obstruct the impeachment in- their friends, and their coworkers. This Bronze Star and an Air Medal with the quiry. The fact that it is the President campaign of intimidation risked dis- ‘‘V’’ device for Valor. of the United States making these couraging witnesses from coming for- Yet, shortly after Ambassador Taylor threats tells us something. It tells us ward voluntarily or complying with came forward to Congress, President that the President desperately wanted mandatory subpoenas for documents Trump publicly referred to him as a to keep witnesses from testifying and and testimony. And, as we all know, Never Trumper without any basis. thus further obstruct Congress’s in- witness intimidation is a Federal Then, when a reporter noted that Sec- quiry. crime. retary of State Mike Pompeo had hired Senators, we cannot, and we must There is simply not enough time Ambassador Taylor, President Trump not, condone President Trump’s at- today to walk through each of the responded: ‘‘Hey, everybody makes tacks on whistleblowers and wit- President’s attacks on the House’s wit- mistakes.’’ He then had the following nesses—people who truly have the abil- nesses, but let’s talk about a few. As I exchange about Ambassador Taylor. ity to put our country first. am sure my colleagues recall, the Let’s listen. Mr. Manager NADLER. Now that we House subpoenaed Ambassador Marie (Text of Videotape presentation:) have carefully reviewed the facts and Yovanovitch for public testimony. Am- have described the President’s categor- bassador Yovanovitch’s first tour was President TRUMP. He’s a Never Trumper. His lawyer is the head of the Never Trump- ical obstruction of Congress, we ad- in Somalia, an increasingly dangerous ers. They’re a dying breed, but they are still dress questions of law. This discussion place as that country’s civil war pro- there. need not be abstract. The President’s gressed. During a different tour, Am- Mrs. Manager DEMINGS. Ambas- obstruction impacts the Senate di- bassador Yovanovitch helped to open a sador Taylor has since stepped down rectly. It impacts the constituents you U.S. Embassy, during which time the from his position as our chief diplomat represent. It impacts you because your Embassy was attacked by a gunman in Ukraine. job as a Member of Congress is to hold who sprayed the Embassy building In addition to his relentless attack the executive branch in check. This is with gunfire. Ambassador Yovanovitch on witnesses who testified in connec- true no matter who occupies the White has also served as an ambassador to tion to the House’s impeachment in- House or which party controls the Armenia and served the U.S. Embassy quiry, the President also repeatedly House or Senate. And the further the in Moscow. As Chairman SCHIFF said threatened and attacked the member of President—any President—departs earlier, she has served in some dan- the intelligence community who filed from the law in the Constitution, the gerous places around the world on be- more important it is for you to do your half of our interests and the interests the anonymous whistleblower com- plaint. In more than 100 statements job. of the American people. I suspect that there is common President Trump’s Under Secretary about the whistleblower over a period ground here. We all know that in order of State for Political Affairs described of just 2 months, the President publicly for Congress to do its work, we must Ambassador Yovanovitch as ‘‘an excep- questioned the whistleblower’s motives have information. What is reasonable tional officer, doing exceptional work and disputed the accuracy of the whis- policy? What is the administration at a critical embassy in Kyiv.’’ But tleblower’s account. doing? Do we support it? Should we op- during Ambassador Yovanovitch’s pub- But most disturbing, President pose it? Should we enact legislation to lic testimony, President Trump Trump issued a threat against the correct the problem? Asking questions, tweeted: whistleblower and those who provided information to the whistleblower. Let’s gathering information, making deci- Everywhere Marie Yovanovitch went sions based on the answers—this is one turned bad. She started off in Somalia, how listen. did that go? Then fast forward to Ukraine, (Text of Videotape presentation:) of the fundamental functions of Con- where the new Ukrainian President spoke President TRUMP. I want to know who’s gress. unfavorably about her in my second phone the person, who’s the person who gave the I suspect that we agree on this as call with him. It is a U.S. President’s abso- whistleblower the information. Because well: Our ability to do that work de- lute right to appoint ambassadors. that’s close to a spy. You know what we used pends on gathering information. It de- In that same hearing, Chairman to do in the old days when we were smart? pends on the power of the congres- SCHIFF asked Ambassador Yovanovitch Right? The spies and treason, we used to sional subpoena. Even when you make for her reactions to the President’s at- handle it a little differently than we do now. a polite request for information from a tacks during her testimony before the Mrs. Manager DEMINGS. The Presi- friendly administration, that request is House. Let’s listen to that exchange. dent’s need to conceal his actions was backed by the threat of a subpoena. (Text of Videotape presentation:) so extreme that he even attacked the And although the power of the con- Mr. SCHIFF. Ambassador, you’ve shown credibility of those witnesses who gressional subpoena has been affirmed the courage to come forward today and tes- served our country in combat. This in- repeatedly by the courts, enshrined in tify, notwithstanding the fact you were cluded Active Duty military personnel the rules of the House and Senate, and urged by the White House or the State De- and veterans who earned the Purple respected by executive branch agencies partment not to, notwithstanding the fact Heart and Bronze Star, among other for centuries, if the President chooses that, as you testified earlier, the President battlefield recognition. But President to ignore our subpoenas, our powers as implicitly threatened you in that call record. And now the President, in real-time, Trump showed utter disregard for such a branch of government—our ability to is attacking you. What effect do you think patriotism. For example, President do our jobs, our ability to keep an ad- that has on other witnesses’ willingness to Trump attacked Lieutenant Colonel ministration in check, our ability to come forward and expose wrongdoing? Vindman during his testimony on No- make sure that the American people

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.030 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S551 are represented by a Congress, not just the other way around. It is a reminder That is where we find ourselves now by a President—are diminished. to Presidents that they answer to but with even greater force. Please know that we are not talking something greater than themselves. It President Nixon authorized other ex- about a disagreement over the last few confirms that nobody in America is ecutive branch officials and agencies to documents at the end of a long produc- above the law, not even the President. honor their legal obligations. He also tion schedule. We are talking about a As we have discussed, the impeach- turned over many of his own docu- direct order from the President of the ment power does not magically protect ments. President Trump, in contrast, United States to completely disregard us when a President commits high directed his entire administration— all our subpoenas, to deny us all infor- crimes and misdemeanors. In Benjamin every agency, every office, and every mation the President wants to keep se- Franklin’s words, the Framers left us a official—not to cooperate with the im- cret. This is in order to deprive Con- Republic—if we can keep it. peachment inquiry. As in Nixon’s case, gress of our ability to hold an adminis- One way we can uphold that promise President Trump’s obstruction is mere- tration accountable. It is a bid to neu- is to do our duty as elected Members of ly an extension of his coverup. ter Congress, to render the President Congress to hold the executive branch As in Nixon’s case, President all powerful since Congress could not in check. That responsibility is part of Trump’s obstruction reveals conscious- have any information the President the constitutional design. The burden ness of guilt. Innocent people do not didn’t want us to have. Without infor- is ours, regardless of our political act this way. They do not hide all the mation, we cannot act. party, no matter who sits in the Oval evidence. And like Nixon, President We must ask: Is there a consequence Office. Trump has offered an assortment of ar- for a President who defies our sub- In the ordinary course, when we do guments to excuse his obstruction. But poenas absolutely; who says to all our jobs, we do our Nation a service by as was true in Nixon’s case, none of branches of the administration ‘‘Do not holding the executive branch—both its these excuses can succeed. obey a single congressional sub- political leadership and its professional At bottom, these arguments amount poena’’—categorically, without know- core—accountable to the people for its to a claim that the President can dic- ing the subject of the subpoena—just actions. tate the terms of his own impeachment ‘‘Never answer a congressional sub- When the President’s conduct ex- inquiry. President Trump’s lawyers poena’’; who denies Congress the right ceeds the usual constitutional safe- may insist his grounds for defying Con- to any information necessary to chal- guards, it falls on the House to inves- gress are unique and limited; that they lenge his power? tigate Presidential wrongdoing and, if only apply here, just this one time; Would Madison, Hamilton, and Wash- necessary, to approve Articles of Im- that it was the House, not the Presi- ington support removing a President peachment. It then falls on the Senate dent, that broke from precedent; that who declares that the Constitution lets to judge, convict, and remove Presi- he would gladly comply with subpoenas him do whatever he wants and who bra- dents who threaten the Constitution. if only the House would do as he in- zenly adds that he can ignore any ef- This entire framework depends on sists. fort to investigate, even when backed Congress’s ability to discover and then That is pure fantasy. The President’s by subpoenas that the law requires him to thoroughly investigate Presidential arguments are not a one-ride ticket. to obey? The answer to all these ques- malfeasance. If Presidents could abuse They are not unique to these facts. Un- tions is a resounding yes. their power and then conceal all the less they are firmly and finally re- Before diving in, I would like to set evidence from Congress, the impeach- jected here, these bogus excuses will the historical scene. The Framers were ment clause would be a nullity. We the reappear every time Congress inves- wise. And so they worried that Presi- people would lose a vital protection. tigates any President for serious dents would abuse their power for per- That is why officials throughout his- abuses of power—every single time. sonal gain. They feared that someday a tory have repeatedly recognized that They will constitute a playbook for ig- President might mistake himself for a subpoenas served in an impeachment noring oversight, available to all fu- King—whose decisions cannot be ques- inquiry must be obeyed, including by ture Presidents—Democratic and Re- tioned, whose conduct cannot be inves- the President. It is why, before Presi- publican. tigated, whose power transcends the dent Trump, only a single official in These arguments are not consistent rule of law. Such a would-be King American history has ever defied an with the Constitution. They are would certainly think things like ‘‘I impeachment subpoena. And that is lawyerly window dressing for an un- have the right to do whatever I want as why that official, Richard Nixon, faced precedented, dangerous power grab. president.’’ He might believe that it is Articles of Impeachment for doing so. Plenty of Presidents and judges have ‘‘illegitimate’’ for anyone to inves- As the House Judiciary Committee complained about impeachment inquir- tigate him. Of course, not even the reasoned in its analysis of Nixon’s ob- ies, declaring their own innocence, at- Framers could have imagined a Presi- struction: ‘‘[U]nless the defiance of the tacking the House’s motives, and in- dent would say these things out loud. [House] subpoenas . . . is considered sisting that due process entitled them A President with this view of raw grounds for impeachment, it is difficult to all sorts of things. But no President power would attack anyone who tried to conceive of any President acknowl- or judge—except Richard Nixon—has to hold him to account, branding them edging that he is obligated to supply ever defied subpoenas on that basis. ‘‘human scum’’ and ‘‘the Enemy of the the relevant evidence necessary for And no President or judge—none—has People.’’ He would argue that courts Congress to exercise its constitutional ever directed others to defy subpoenas had no power to enforce subpoenas responsibility in an impeachment pro- categorically across the board. They against him. ceeding.’’ have all eventually recognized their He would conscript his allies to ridi- Representative Robert McClory, a obligations under the law. President cule Congress. He would harass wit- Republican from Illinois, explained the Trump stands alone. nesses who testified against him, de- importance of this Article of Impeach- If President Trump is permitted to claring it was disloyal to question his ment for our separation of powers. He defy our subpoenas here in an impeach- conduct. He would use the powers of said: ment inquiry, when the courts have his high office to sabotage our system . . . if we refuse to recommend that the said the congressional power of inquiry of checks and balances. All of this we President should be impeached because of his is at its highest, imagine what future have seen in the last few years—indeed, defiance of the Congress with respect to the Presidents will do when we attempt to in the last few months. subpoenas that we have issued, the future re- conduct routine oversight. The Framers wrote the impeachment spondents will be in the position where they President Trump is the first leader of clause to protect the American people can determine themselves what they are this Nation to declare that nobody can from such a President. The impeach- going to provide in an impeachment inquiry investigate him for official mis- and what they are not going to provide, and ment clause exists to protect our free- this would be particularly so in the case of conduct, except on his own terms. In dom and our democracy in between an inquiry directed toward the President of word and in deed, President Trump has elections. It exists to remind Presi- the United States. So, it not only affects this declared himself above the law. He has dents that they serve the public, not President but future Presidents. done so because he is guilty and wishes

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.031 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S552 CONGRESSIONAL RECORD — SENATE January 24, 2020 to conceal as much of the evidence important is misconduct in the execu- to approve or not approve Articles of from the American people and from tive branch. Impeachment. Therefore, when the this body as he can. In that, he must There is a long history of congres- House determines that the President not succeed. If President Trump is al- sional investigations into the execu- may have committed high crimes and lowed to remain in office after this tive branch. To name a few especially misdemeanors, it has the constitu- conduct, historians will mark the date famous cases, Congress has inves- tional duty to investigate his conduct. that this Senate allowed this President tigated claims that President Lincoln In such cases, the House acts not to break one of our mightiest defenses mishandled Civil War military strat- only pursuant to its ordinary legisla- against tyranny. They will wonder why egy; the infamous Teapot Dome scan- tive authority but also serves as a Congress so readily surrendered one of dal under President Harding; President ‘‘grand inquest of the Nation’’ because its core constitutional powers. They Nixon’s involvement in the Watergate an impeachment inquiry wields one of will wonder why Congress admitted scandal; President Reagan’s involve- the greatest powers of the Constitu- that a President can get away with ment in the Iran-Contra affair; Presi- tion—a power that exists specifically anything, can violate any constitu- dent Clinton’s real estate dealings and to constrain Presidents. tional rule, any liberty, any request for the Monica Lewinsky scandal; Its subpoenas are backed with the information, and get away with it sim- warrantless wiretapping under Presi- full force of the impeachment clause. ply by saying: I don’t have to answer dent George W. Bush; and attacks on They cannot be thwarted by ordinary your questions. Congress has no power personnel in Benghazi under President executive privileges or ordinary objec- to make me answer questions about my Obama. tions. It is therefore presumed—as conduct. Since the dawn of the Republic, President Polk conceded over 150 years That is what is at stake. In the fu- Presidents have recognized Congress’s ago—that ‘‘all the archives and papers ture, people will despair that future power to investigate the executive of the Executive Departments, public Presidents will abuse their power with- branch. Even in sensitive investiga- or private, would be subject to . . . in- out fear of consequences or constraint. tions involving national security and spection’’ and ‘‘every facility in the Let’s begin with a legal premise of foreign policy, Presidents have pro- power of the Executive [would] be af- the second Article of Impeachment. vided Congress with access to senior of- forded to enable [the House] to pros- Congress has the power to inves- ficials and important documents. ecute the investigation.’’ What inves- tigate Presidents for official mis- For example, in the Iran-Contra in- tigation? The impeachment investiga- conduct. This premise is indisputable. quiry, President Reagan’s former Na- tion of President Polk. In article I of the Constitution: tional Security Advisor, Oliver North, President’s Polk’s statement, which All legislative powers herein granted shall and the former Assistant to the Presi- we will return to, was no outlier. Presi- be vested in the Congress of the United dent for National Security Affairs, dents have long understood that they States, which shall consist of a Senate and John Poindexter, testified before Con- must comply with impeachment in- House of Representatives. Each House may determine the rules of its gress. President Reagan also produced quiries. Consistent with this under- own proceedings. ‘‘relevant excerpts of his personal dia- standing, in the history of the Repub- Our investigations are grounded in ries to Congress.’’ lic, no President has ever claimed the During the Clinton administration, article I of the Constitution, which unilateral prerogative to categorically Congress obtained testimony from top grants Congress all legislative powers defy a House impeachment inquiry. On advisers, including the President’s and authorizes each House to deter- the contrary, every President facing Chief of Staff Mack McLarty, his Chief mine its own rules. As the Supreme this issue has agreed that Congress of Staff Erskine Bowles, White House Court has explained, the Constitution possesses a broad and penetrating Counsel Bernie Nussbaum, and White thus vests the House and the Senate power of inquiry when investigating House Counsel Jack Quinn. with the power of inquiry, that it is grounds for impeachment. In the Benghazi investigation, Presi- ‘‘penetrating and far-reaching.’’ This directly refutes President dent Obama made many of his top Moreover, Congress can effectuate Trump’s claim that he obstructed Con- aides available for transcribed inter- that power of inquiry by issuing sub- gress to protect the Office of the Presi- views, including National Security Ad- poenas commanding the recipient to dent. Every prior occupant of his office visor Susan Rice and Deputy National provide documents or to testify under has disavowed the limitless power that Security Advisor for Strategic Commu- oath. Compliance with subpoenas is he asserts. That matters. nications Benjamin Rhodes. The mandatory. It is not at the option of As the Supreme Court explained just Obama administration, in that case, the executive or the President. As the a few years ago: also produced more than 75,000 pages of Supreme Court has explained: [L]ong settled and established practice is a documents, including 1,450 pages of consideration of great weight in a proper in- [I]t is unquestionably the duty of all citi- terpretation of constitutional provisions reg- zens to cooperate with the Congress in its ef- White House emails, with communica- ulating the relationship between Congress forts to obtain the facts needed for intel- tions of senior officials on the National and the President. ligent legislative action. It is their Security Council. unremitting obligation to respond to sub- To be sure, certain House Repub- Let’s take a quick tour of the histor- poenas, to respect the dignity of the Con- licans complained loudly that the ical record. To begin at the beginning— gress and its committees, and to testify fully Obama administration’s response to a sweltering summer in Philadelphia, with respect to matters within the province the Benghazi investigation was insuffi- 1787—the Framers discussed at length of proper investigation. cient. Just imagine how they would the balance between Presidents and More recently, U.S. District Judge have reacted if Obama had ordered Congress. Remember, they had just Ketanji Brown Jackson has elaborated: total defiance of all subpoenas. They fought a bloody war to rid themselves [B]latant defiance of Congress’ centuries- would have been outraged. Why? Be- of a tyrant, and they were very con- old power to compel the performance of wit- cause Congress unquestionably has the scious they didn’t want another tyrant. nesses is not an abstract injury, nor is it a authority to investigate Presidential When impeachment came up, they mere banal insult to our democracy. It is an affront to the mechanism for curbing abusers conduct. agreed it would limit the President’s of powers that the Framers carefully crafted Not only does Congress have the authority. But a strong majority of for our protection, and, thereby, recalcitrant power to investigate the Executive, Framers saw that as a virtue, not a witnesses actually undermine the broader in- but, as we have discussed, article I of vice. They wanted to empower the terests of the people of the United States. the Constitution gives the House the President but also to keep his power In recognition of the important role sole power of impeachment. The Fram- from getting out of hand. that congressional inquiries play in ers intended this power to be the cen- Yet impeachment could not serve protecting our democracy and in tral check on out-of-control Presi- that role if the House was unable to in- guarding the American people, it is un- dents. But it does not work automati- vestigate the President for suspected lawful to obstruct them. cally. The House must investigate, high crimes and misdemeanors. This Of course, while Congress inves- question witnesses, and review docu- was recognized early on, starting with tigates many issues, one of the most ments. Only then can it decide whether our very first President. In 1796, the

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.032 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S553 House requested that President Wash- that period, while objecting to ordi- President Trump is an outlier. He is ington provide it sensitive diplomatic nary legislative oversight, Presidents the first and only President ever to de- materials relating to the hugely un- Ulysses S. Grant, Grover Cleveland, clare himself unaccountable and to ig- popular Jay Treaty with Great Britain. and Theodore Roosevelt each noted nore subpoenas backed by the Con- President Washington declined since that Congress could obtain key execu- stitution’s impeachment power. If he is this request intruded upon his execu- tive branch documents in an impeach- not removed from office and if he is tive functions. But Washington agreed ment inquiry. They thus confirm yet permitted to defy the Congress en- that impeachment would change his again that impeachment is different. tirely, categorically, and to say that calculus. In the ensuing debates, it was Under the Constitution, it requires full subpoenas from Congress in an im- noted on the House floor that Wash- compliance. peachment inquiry are nonsense, then ington had admitted ‘‘that where the Then came Watergate, when Presi- we will have lost—the House will have House expresses an intention to im- dent Nixon abused the power of his of- lost, and the Senate, certainly, will peach, the right to demand from the fice to undermine his political oppo- have lost—all power to hold any Presi- Executive all papers and information nents. But even Nixon—even Nixon— dent accountable. in his possession belongs to it.’’ understood that he must comply with This is a determination by President ‘‘All papers and information.’’ This subpoenas for information relating to Trump that he wants to be all power- was only the first of many references his misconduct. Thus, he stated in ful. He does not have to respect the to that point in our constitutional tra- March 1973, regarding the Senate’s Wa- Congress—he does not have to respect dition. For example, less than 40 years tergate investigation: the representatives of the people. Only later, in 1833, Justice Joseph Story re- All members of the White House staff will his will goes. He is a dictator. This marked upon the dangers of Presi- appear voluntarily when requested by the must not stand. That is another reason dential obstruction. He wrote: committee. They will testify under oath, and he must be removed from office. The power of impeachment will generally they will answer fully all proper questions. Ms. Manager LOFGREN. Mr. Chief be applied to persons holding high offices As a result, many senior White House Justice, Senators, we have now shown under the government; and it is of great con- officials testified, including White how the extreme measures President sequence that the President should not have House Counsel John Dean, White House Trump took to conceal evidence and the power of preventing a thorough inves- Chief of Staff H. R. Haldeman, and Dep- block witnesses defies the Constitution tigation of their conduct. uty Assistant to the President Alex- and centuries of historical practice; Consistent with this teaching, Presi- ander Butterfield. but there is more to this story, and it dent Polk later offered his clear and in- In addition, Nixon produced many only further undermines President sightful explanation of why Presidents documents in response to congressional Trump’s case. The position he has must honor all impeachment sub- subpoenas, including notes from meet- taken is not only baseless as an histor- poenas. As I mentioned just moments ings with the President. ical matter; it is also inconsistent with ago, he said: As the House Judiciary Committee the Justice Department’s stated reason It may be alleged that the power of im- explained at the time, 69 officials had for refusing to indict or prosecute peachment belongs to the House of Rep- been subjected to impeachment inves- Presidents. resentatives, and that with a view to the ex- tigations throughout American his- The Department of Justice’s unwill- ercise of this power, that House has the right tory. Yet, ‘‘with the possible exception ingness to indict a sitting President to investigate the conduct of all public offi- of one minor official who invoked the creates a danger that the President cers under the government. This is cheer- privilege against self-incrimination, fully admitted. can’t be held accountable by anyone, not one of them challenged the power even for grave misconduct. To its cred- Decades later, during our first Presi- of the committee conducting the inves- it, the Department of Justice recog- dential impeachment inquiry, Presi- tigation to compel the production of nized that risk. In its view, ‘‘the con- dent Andrew Johnson recognized evidence it deemed necessary.’’ stitutionally specified impeachment Congress’s power to thoroughly inves- President Nixon’s production of process ensures that the immunity tigate him and his executive branch records was incomplete, however, in a would not place the President ‘above subordinates. very important respect: He did not the law.’’’ In 1857, for example, the House Judi- produce tape recordings of key Oval Of- This argument by the Justice De- ciary Committee obtained executive fice conversations. In response, the partment is really important. In justi- and Presidential records. The com- House Judiciary Committee approved fying its view that a President can’t be mittee interviewed Cabinet officers and an Article of Impeachment against the held criminally liable while in office, Presidential aides about Cabinet meet- President for obstruction of Congress. the DOJ relies on Congress’s ability to ings and private conversations with the Twenty-four years later, the House impeach and remove a President, but President by his top aides and Cabinet undertook impeachment proceedings the Justice Department’s rationale officials. Multiple witnesses, moreover, against President Clinton. Consistent falls apart if the ‘‘constitutionally answered questions about the opinions with precedent and entirely unlike specified impeachment process’’ can’t of the President’s, statements made by President Trump, Clinton ‘‘pledged to function because the President himself the President, and the advice given to cooperate fully with the [impeach- has obstructed it. the President. There is no evidence ment] investigation.’’ Ultimately, he The Supreme Court correctly noted that Johnson ever asserted any privi- provided written responses to 81 inter- in Nixon v. Fitzgerald—and that is not lege to prevent disclosure of Presi- rogatories from the Judiciary Com- Richard Nixon; it is Judge Nixon— dential conversations to the committee mittee, and 3 witnesses provided testi- ‘‘vigilant oversight by Congress’’ is or failed to comply with any of the mony during the Senate trial. necessary to ‘‘make credible the threat committee’s requests. As this review of the historic record of impeachment.’’ Thus, in the first 80 years of the Re- proves, Presidents have long recognized The President should not be treated public, Presidents Washington, Polk, that the Constitution compels them to as immune from criminal liability be- and Johnson, along with members of honor subpoenas served by the House cause he is subject to impeachment but committees of the House and a Su- in an impeachment inquiry. then be allowed to sabotage the im- preme Court Justice, all recognized Stated simply, President Trump’s peachment process itself. That is what that Congress is authorized by the Con- categorical blockade of the House—his this President did. That places him stitution to investigate grounds for im- refusal to honor any subpoenas, his dangerously above the law and beyond peachment and that Presidents are ob- order that all subpoenas be defied with- the separation of powers. Presidents ligated to give all information re- out even knowing what they were—has can’t be above the law. Presidents, like quested. President Trump’s attempt to no analog in the history of the Repub- everyone else, must obey subpoenas stonewall Congress would have shocked lic. Nothing even comes close. He has served in an impeachment inquiry. those Presidents. engaged in obstruction that several of In 1880, the Supreme Court explained: With only a few exceptions, invoca- his predecessors have expressly said is ‘‘Where the question of such impeach- tions of the impeachment power sub- forbidden and that led to an Article of ment is before either [House of Con- sided from 1868 to 1972. Yet, even in Impeachment against Nixon. gress] acting in its appropriate sphere

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.034 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S554 CONGRESSIONAL RECORD — SENATE January 24, 2020 on that subject, we see no reason to fensive to the precedents, and it is in- We negotiated—as the courts indicate doubt the right to compel the attend- consistent with his duty—his oath—to you should—with the White House, and ance of witnesses, and their answer to faithfully execute the laws. That obli- we finally filed suit in March of 2008. proper questions, in the same manner gation to see that the laws are faith- We won a favorable district court order and by the use of the same means that fully executed is not just about enforc- in July 2008, but we didn’t receive tes- courts of justice can in like cases.’’ ing statutes; it is a duty to be faithful timony from Miers until June of 2009. Almost a century later, Judge John to the Constitution—every part of it— That was 2 years. Sirica’s influential opinion on the Wa- as stated in the text and understood In Committee on Oversight and Gov- tergate ‘‘roadmap’’ in 1974 emphasized across history, and it is a duty that he ernment Reform v. Holder, the Com- the special weight assigned to Congress has violated by obstructing Congress mittee on Oversight and Government in an impeachment. here. Reform tried to force Attorney General He wrote: I want to make one additional point Eric Holder to produce additional docu- [I]t should not be forgotten that we deal in regarding the judiciary. ments relating to the so-called Oper- a matter of the most critical moment to the Presidents have an obligation to ation Fast and Furious. The committee Nation, an impeachment investigation in- comply with Congress’s impeachment served the subpoena in October 2011. volving the President of the United States. It would be difficult to conceive of a more inquiry regardless of whether a court They filed suit in August 2012. They compelling need than that of this country has reviewed the request. We make this won a series of orders requiring the for an unswervingly fair inquiry based on all point even though, I think, President production of documents, but the first the pertinent information. Trump’s lawyers would be making a such order did not issue until August of That same year, the Supreme Court mistake to raise it. After all, the Presi- 2014—nearly 3 years. decided the famous case of Nixon v. dent’s lawyers can’t have it both ways. In Committee on the Judiciary v. United States. That is President Nixon. They can’t argue here that we must go McGahn, the House Judiciary Com- I was standing just across the street to court and then argue in court that mittee sought to enforce a subpoena to from the Court when the case was our case can’t be heard. require White House Counsel Don handed down, and I remember seeing Anyway, the House’s ‘‘sole Power of McGahn to give testimony regarding the reporters running down those mar- impeachment’’ wouldn’t be ‘‘sole’’ or matters relating to the special coun- ble steps, clutching the Court’s unani- much of a ‘‘power’’ if the House could sel’s investigation. We served that sub- mous decision. That decision forced the not investigate the President at all poena in April of last year. We filed release of key Oval Office tapes that without first spending years litigating suit in August of last year. We won a President Nixon had tried to cover up before the third branch of government. favorable district court order in No- by invoking executive privilege. In It would frustrate the Constitution for vember of last year. The court of ap- short order, it led to the resignation of the House to depend entirely on the ju- peals stayed that ruling and didn’t President Nixon. diciary to advance its impeachment-re- hear arguments until early this The plaintiff in that case was actu- lated investigatory powers. month—with an opinion and, poten- ally the special prosecutor, Leon Ja- Consistent with this understanding, tially, a Supreme Court application worski, who had been appointed to in- before President Trump, the House had likely to follow. We will likely not vestigate the Watergate burglary and never before filed a lawsuit to require have an answer this year. who had issued subpoenas for the Nixon testimony or documents in a Presi- Sometimes courts move quickly, but, tapes. The Supreme Court upheld these dential impeachment. We didn’t have here, they have not—not at all. Even subpoenas against President Nixon’s to. No President had ever issued a blan- when the House urges expedited action, claim of executive privilege. It rea- ket ban on compliance with House sub- it usually takes years, not months, to soned that his asserted interest in con- poenas or challenged the House to find get evidence through judicial pro- fidentiality could not overcome the a way around his unlawful order. In ceedings. constitutionally grounded interest in this strange and unprecedented situa- The President can’t put off impeach- the fair administration of criminal jus- tion, it is appropriate for Congress to ment for years by ordering total defi- tice. reach its own judgment that the Presi- ance of the House and then insist that In reaching that conclusion, the dent is obstructing the exercise of its the House go to court even as he argues Court said: constitutional power. that it can’t go to court. That is espe- The ends of criminal justice would be de- As then-Representative LINDSEY cially true when the President doesn’t feated if judgments were to be founded on a GRAHAM explained in 1998 during the just raise one or two objections to spe- partial or speculative presentation of the Clinton proceedings, where we served cific subpoenas but orders a blanket, facts. The very integrity of the judicial sys- tem and public confidence in the system de- together on the Judiciary Committee: governmentwide coverup of all evi- pend on full disclosure of all the facts, with- ‘‘The day Richard Nixon failed to an- dence. in the framework of the rules of evidence. swer that subpoena is the day he was That kind of order makes this clear. That reasoning, which was a unani- subject to impeachment because he The President sees himself completely mous decision by the Supreme Court in took the power from Congress over the immune from any accountability— the Nixon tapes case, applies with full impeachment process away from Con- above the law. It reveals his force—indeed, greater force—to im- gress, and he became the judge and pretentions, really, to absolute power. peachments. jury.’’ It confirms he must be removed from The House Judiciary Committee rec- There is still another reason it would office. ognized this when it approved an Arti- be wrong and dangerous to insist that Here is the key point: President cle of Impeachment against President the House cannot take action without Trump’s obstruction of Congress is not Nixon for obstruction of Congress. involving the courts, and that reason is merely unprecedented and wrong; it is It reasoned as follows: delay. also a high crime and misdemeanor, as If a generalized Presidential interest in Consider just three lawsuits filed by the Framers used and understood that confidentiality cannot prevail over ‘‘the fun- House committees over the past two phrase, warranting his immediate re- damental demand of due process of law in decades to enforce subpoenas against moval from office. To see why, let’s re- the fair administration of justice,’’ neither senior executive branch officials. I turn to first principles. can it be permitted to prevail over the funda- served on the Judiciary Committee As the Framers deliberated in Phila- mental need to obtain all the relevant facts when we decided that we needed to delphia, George Mason posed a pro- in the impeachment process. Whatever the limits of legislative power in other con- hear from former White House Counsel found question: ‘‘Shall any man be texts—and whatever need may otherwise Harriet Miers. above justice?’’ exist for preserving the confidentiality of In Committee on the Judiciary v. That question wasn’t a hypothetical. Presidential conversations—in the context of Miers, the Judiciary Committee tried The Framers had just rebelled against an impeachment proceeding the balance was to enforce a subpoena that required her England, where one man, the King, was struck in the favor of the power of inquiry. to give testimony about the conten- in fact above justice. Accordingly, President Trump’s con- tious firing of nine U.S. attorneys. The By authorizing Congress to remove duct is unprecedented and, actually, of- committee served the subpoena in 2007. Presidents for egregious misconduct,

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.035 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S555 the Framers rejected that model. Un- discharge of the Judiciary Committee’s acts like a King, which the Founders like Britain’s King, the President responsibility to investigate fully and were fighting against. That is what would answer to Congress and, thus, to completely whether he had committed they wrote out of the Constitution. A the Nation, if he engaged in serious high crimes and misdemeanors. Presi- President cannot be immune from wrongdoing, because the impeachment dent Nixon’s third Article of Impeach- oversight, accountability, and even power exists not to punish the Presi- ment explained it this way: simple justice in the exercise of the dent but to check Presidents. It can’t In refusing to produce these papers and powers entrusted to him. function if Presidents are free to ignore things, Richard M. Nixon, substituting his We can’t let that stand in this case. all congressional investigation and judgment as to what materials were nec- The President must forfeit the powers oversight. essary for the inquiry, interposed the powers that he has abused and be removed An impeachment scholar, Frank of the Presidency against the lawful sub- from office. Bowman, said this: poenas of the House of Representatives, Mr. Manager JEFFRIES. Mr. Chief thereby assuming to himself functions and Without the power to compel compliance judgments necessary to the exercise of the Justice, distinguished Members of the with subpoenas and the concomitant right to sole power of impeachment vested by the Senate, counsel for the President, my impeach a president for refusal to comply, Constitution in the House of Representa- colleagues, the American people who the impeachment power would be nullified. tives. are assembled here today, I think we So the consequences of Presidential In all of this, Richard M. Nixon has acted have our next break scheduled for obstruction go beyond any particular in a manner contrary to his trust as Presi- within the hour, and so I find myself in impeachment inquiry. They go to the dent and subversive of constitutional govern- the unenviable position of being the heart of the impeachment power itself. ment, to the great prejudice of the cause of only thing standing between you and They weaken our shield against a dan- law and justice, and to the manifest injury of the people of the United States. . . . our dinner. But be not discouraged be- gerous or corrupt President. cause I am going to try to follow the Now, of course, Presidents are still President Nixon’s case powerfully advice of a former Sunday school free to raise privacy, national security, supports the conclusion that Presi- teacher of mine. I grew up in the Cor- or other concerns in the course of an dential defiance of a House impeach- nerstone Baptist Church in Brooklyn. impeachment inquiry. There is room ment inquiry constitutes high crimes She said: Jeffries, on the question of for good-faith negotiations over what and misdemeanors. public presentations, be brief, be You know, I have been thinking a lot evidence will be disclosed, although bright, and be gone. there is a strong presumption in favor about the Founders and have been re- And so I am going to try to do my of full compliance with congressional reading the Constitution and the notes best. subpoenas. from the Constitutional Convention. It Presidents are required to comply But when a President abuses his of- was just a little over 230 years ago that with impeachment subpoenas. This fice, abuses his power to completely they met in Philadelphia, not too far President has completely defied them. defy House investigators in an im- from here. They had been at it for a That conduct alone is a high crime and peachment inquiry, when he does that long time. They didn’t know whether misdemeanor. without lawful cause or excuse, he at- the constitution they were going to The facts here are not really in dis- tacks the Constitution itself. When he write would sustain freedom, but they pute. President Trump’s defense ap- does that, he confirms that he sees were trying to create a completely dif- pears to be: I can do whatever I want to himself as above the law. ferent type of government. do. Only I can fix it. I am the chosen President Nixon’s case is inform- On July 20, Governor Morris said one. ative. As noted, President Nixon let his this: (Text of Videotape presentation:) senior officials testify, he produced The magistrate is not the king. The people President TRUMP. Then I have an Article many documents. He did not direct are the king. II, where I have the right to do whatever I anything like a blanket indiscriminate George Mason, of Virginia, on that want as president. Nobody knows the system block of the House’s impeachment in- same day said: better than me. Which is why I alone can fix quiry. Still, he did defy subpoenas Shall any man be above Justice? Above all, it. Somebody had to do it. I am the chosen seeking records and recordings of the shall that man be above it who can commit one. Somebody had to do it. Oval Office. the most extensive injustice?’’ Mr. Manager JEFFRIES. Is that who Now, President Nixon claimed that And Elbridge Gerry argued that he we are as a democracy? his noncompliance was legally defen- hoped that the maxim that the chief President Trump can’t address the sible. He invoked the doctrine of execu- magistrate could do no wrong ‘‘would substance of our case. He therefore tive privilege. The judiciary rejected never be adopted here.’’ complains about process, but these pro- that excuse. Now, finally, on September 8, they cedural complaints are baseless ex- The committee emphasized that ‘‘the adopted the impeachment clause in the cuses, and they do not justify his at- doctrine of separation of powers cannot U.S. Constitution, but I hope that we tempts to hide the truth from Congress justify the withholding of information will remember the admonition that we and from the American people. from an impeachment inquiry.’’ After should never accept the fact that the The President’s arguments fail for all, ‘‘the very purpose of such an in- magistrate—the President—can do no four simple reasons. First, the House, quiry is to permit the House, acting on wrong. not the President, has the ‘‘sole Power behalf of the people, to curb the ex- They crafted the Constitution to pro- of Impeachment’’ and the soul power cesses of another branch, in this in- tect our liberty and the liberty of those ‘‘to determine the Rules of its Pro- stance the Executive.’’ who will follow us. ceedings.’’ That is article I, section 2, ‘‘Whatever the limits of legislative Professor Noah Feldman talked of the Constitution. power in other contexts—and whatever about the Constitution in his testi- Second, President Trump’s ‘‘due need may otherwise exist for pre- mony before the House. process’’ argument has no basis in law, serving the confidentiality of Presi- (Text of Videotape presentation:) no basis in fact, no basis in the Con- dential conversations—in the context Noah FELDMAN. A President who says, as stitution. President Trump may not of an impeachment proceeding the bal- this President did say, I will not cooperate in preemptively deny any and all coopera- ance was struck in favor of the power any way, shape, or form with your process, tion to the House and then assert that of inquiry when the impeachment pro- robs a coordinate branch of government, he the House’s procedures are illegitimate vision was written into the Constitu- robs the House of Representatives of its because they lack his cooperation. tion. basic constitutional power of impeachment. Third, President Trump’s claim that Now, ultimately, the committee ap- Ms. Manager LOFGREN. You know, a he is being treated differently com- proved an article against Nixon be- President who does that also endangers pletely lacks merit. Despite what he cause he sought to prevent the House the American people by stripping away contends, the House provided President from exercising its constitutional duty. the Constitution’s final safeguard Trump with greater protection than Article III charged Nixon with abus- against Presidents who abuse power what was given to both President ing his power by interfering with the and harm the Nation. Such a President Nixon and President Clinton. The fact

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.037 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S556 CONGRESSIONAL RECORD — SENATE January 24, 2020 that President Trump failed to take overwhelming evidence of President transmission of a whistleblower com- advantage of these procedural protec- Trump’s guilt. plaint to the Intelligence Committees tions does not mean they did not exist. The President cannot unlawfully ob- of the Senate and the House. President Trump is not the first struct a House impeachment inquiry Given the gravity of these allega- President to complain about House because he sees no need to be inves- tions and the immediacy of the threat procedures. He won’t be the last. He is tigated. One of the most sacred prin- to the next Presidential election, the not the first one to challenge the mo- ciples of justice is that no man should Speaker of the House, a constitutional tives of any investigation or certainly be the judge in his own case, and yet officer, explicitly named in article I, an impeachment inquiry. Such com- that is exactly what President Trump announced on September 24 that the plaints are standard operating proce- has been determined to do. But this is House would begin a formal impeach- dure from the article II executive America. He cannot be judge, jury, and ment inquiry. There is nothing in the branch. executioner. Moreover, the President Constitution, nothing in Federal law, President Johnson, President Nixon, cannot simply claim innocence and nothing in Supreme Court jurispru- President Clinton had plenty of com- then walk away from a constitu- dence that required a formal vote at plaints, but no President—no Presi- tionally mandated process. the time. dent, no President—has treated such Even President Nixon did not do The President has put forth fake ar- objections as a basis for withholding that, as we have previously estab- guments about process because he can- evidence, let alone categorically lished. Congress has a constitutional not defend the substance of these alle- defying every single subpoena—none— responsibility to serve as a check and gations. except Donald John Trump. balance on an out-of-control executive Following the announcement of the Finally, the obligation to comply branch. Our responsibility is not to impeachment inquiry, the House inves- with an impeachment subpoena is this President; it is to the American tigating committees issued additional unyielding. It does not dissipate be- people. requests—and then subpoenas—for doc- cause the President believes House Blanket Presidential defiance would uments and testimony. The commit- committees should invite different wit- bring a swift halt to all congressional tees ‘‘made clear that this information nesses, give his defenders unfettered oversight of the Executive. That prin- would be collected as part of the subpoena power, or involve his personal ciple would have authorized categor- House’s impeachment inquiry and lawyers at the deposition stage of the ical obstruction in the impeachments shared among the Committees, as well process, when that has never been of President Johnson, President Nixon, as with the Committee on the Judici- done. and President Clinton. In each of those ary as appropriate. And if a President can defy Congress cases, the House was controlled by a Then, on October 31, the full House on such fragile grounds, then, it is dif- different party than the Presidency, voted to approve H. Res. 660, which di- ficult to imagine why any future Presi- and the President attacked those in- rected the House committees to ‘‘con- dent would ever comply with an im- quiries as partisan. Yet those Presi- tinue their ongoing investigations as peachment or investigative subpoena dents did not view their concerns with part of the existing . . . inquiry into again. excessive partisanship as a basis for whether sufficient grounds exist for the Now, throughout our history, im- defying every single subpoena. House of Representatives to exercise peachments have been rare, and the The purpose of an impeachment in- its Constitutional power to impeach Supreme Court has made clear that it quiry is for the House to collect evi- Donald John Trump.’’ is wary of intruding on matters of im- dence to determine, on behalf of the In addition to affirming the ongoing peachment. This, of course, leaves American people, whether the Presi- House impeachment inquiry, H. Res. room for interbranch negotiation, but dent may have committed an impeach- 660 set forth procedures for open hear- it does not allow the President to en- able offense because the Constitution ings in the Intelligence Committee and gage in blanket defiance. vests the House alone with the ‘‘sole for additional proceedings in the Judi- President Trump’s objections are not Power of Impeachment.’’ ciary Committee. genuinely rooted in the law. They are A President who serves as the judge Every step in this process was fully not good-faith legal arguments. We of his own innocence is not acting as a consistent with the Constitution, the know that because President Trump President. That is a dictator. That is a rules of the House, and House prece- said early on he would fight all sub- despot. That is not democracy. dent. poenas. We know that because he de- The President also believes, it ap- The House’s autonomy to structure clared the impeachment inquiry ille- pears, that blanket obstruction is jus- its own proceedings for an impeach- gitimate before it even adopted any tified because the House did not ex- ment inquiry is grounded in the Con- procedures; we know that because he pressly adopt a resolution authorizing stitution. The President’s principal ar- has denounced every single effort to in- an impeachment inquiry or properly gument to the contrary is that no com- vestigate him as a witch hunt; and we delegate such investigatory powers to mittee of the House is permitted to in- know that because he never even its committees. vestigate any Presidential misconduct claimed executive privilege during the The full House voted in January in until the full House acted. entire impeachment proceeding. advance of the inquiry to adopt rules As a Federal district court recently President Trump’s first excuse for authorizing committees to conduct in- confirmed, the notion that a full House obstructing Congress is his asserted be- vestigations, issue subpoenas, gather vote is required to authorize an im- lief that he did nothing wrong—that documents, and hear testimony. peachment inquiry ‘‘has no textual his July 25 call with President Beginning in the spring and summer support in the U.S. Constitution [or] Zelensky was ‘‘perfect.’’ of 2019, evidence came to light that the governing rules of the House.’’ In the October 8 letter sent by his President Trump and his associates The investigations into misconduct Counsel, President Trump asserted the might have been seeking the assistance by Presidents Andrew Johnson, Nixon, prerogative to defy all House sub- of another foreign government, and Clinton all began prior to the poenas because he has declared his own Ukraine, to influence the upcoming House’s consideration and approval of a innocence. As Mr. Cipollone put it, at 2020 election. resolution authorizing the investiga- President Trump’s behest, ‘‘the Presi- On September 9, the House inves- tions. dent did nothing wrong,’’ and ‘‘there is tigating committees announced they Recently, under Republican control, no basis for an impeachment inquiry.’’ were launching a joint investigation. the Judiciary Committee considered Yes, the White House Counsel includes They requested records from the White the impeachment of the Commissioner this in a formal letter to the House, House and the Department of State. of the Internal Revenue Service fol- defying every single subpoena. This investigation was consistent with lowing a referral from another com- As we have shown in our discussion all rules approved by the full House. At mittee and absent a full vote of the of the first Article of Impeachment, the same time, evidence emerged that House for an impeachment inquiry. these claims of innocence are baseless. the President may have attempted to There is no merit to President They lack merit. We have provided cover up his actions and prevent the Trump’s argument that the full House

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.038 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S557 had to vote. The sequence of events in lated to the impeachment proceedings The fact that President Trump de- this particular case largely tracks against President Nixon, that ‘‘it is not clined to take advantage of these pro- those in the Nixon proceedings. There, a right but a privilege or a courtesy’’ tections does not excuse his blanket, the House Judiciary’s proceedings for the President to participate unconstitutional obstruction. Unlike began in October of 1973, when resolu- through counsel. the Nixon and Clinton impeachments, tions calling for President Nixon’s im- An impeachment inquiry is not a in this particular instance, the argu- peachment were introduced in the trial; rather, it entails a collection and ment that the President has made—the House and referred to the Judiciary evaluation of facts before a trial oc- argument that he has made as it re- Committee. curs. In that respect, the House acts lates to the investigative process—is Over the next several months, the like a grand jury or a prosecutor inves- not analogous. committee investigated the Watergate tigating the evidence to determine In this case, the House conducted a break-in and coverup, among other whether charges are warranted or not. significant portion of the factual inves- matters, using its existing investiga- Federal grand juries and prosecutors do tigation itself because no independent tory authorities. The committee also not allow targets of their investigation prosecutor was appointed to inves- hired a special counsel and other attor- to coordinate witness testimony. The tigate the allegations of wrongdoing neys to assist in these efforts. Most im- protections that the President labeled against President Trump. Attorney portantly, all of this occurred before as ‘‘due process’’ do not apply here be- General William Barr refused to au- the House approved a resolution direct- cause those entitlements that he thorize a criminal investigation into ing the Judiciary Committee to inves- sought, many of which were actually the serious allegations of misconduct tigate whether grounds to impeach afforded to him—but those entitle- against the President. They tried to Richard Nixon existed. ments that he sought would not nec- whitewash the whole sordid affair. Left In this instance, the committees essarily be available to any American to their own devices, the House inves- began the investigation with their ex- in a grand jury investigation. tigating committees followed standard isting powers authorized by the full Moreover, it should be clear that the best practices for investigations, con- House. That course of events is en- House, notwithstanding this frame- sistent with the law enforcement inves- tirely consistent with the Richard work, has typically provided a level of tigation into Presidents Nixon and Nixon precedent. It is also common transparency in impeachment inquir- Clinton, in advance of their impeach- sense. After all, before voting to con- ies, particularly as it relates to Presi- ments. duct an impeachment inquiry, the dents. The committees released transcripts In past impeachment inquiries, this House must ascertain the nature and of all interviews and depositions con- has typically meant that the principal seriousness of the allegations and the ducted during the investigation. Dur- evidence relied upon by the House Ju- scope of the inquiry that may follow ing the investigation, more than 100 diciary Committee is disclosed to the their actions. Members of the House participated in President Trump’s second excuse also President and to the public, though the so-called closed-door proceedings— some evidence in past proceedings has fails. Let’s now address the President’s more than 100 Members of the House, 47 actually remained confidential. so-called due process and fairness argu- of whom were Republicans. They all The President has typically been had the opportunity to ask questions. ment. The President has phrased his given an opportunity to participate in They all had the opportunity to ask complaints in the language of ‘‘due the proceedings at a stage when evi- process.’’ He has complained that the questions with equal time. dence has been fully gathered and is The Intelligence Committee held procedures were not fair, even though presented to the Judiciary Committee. they reflect prior practice and strike a public hearings with 12 of the key wit- President Trump was given the chance nesses testifying, including several re- reasonable balance between Presi- to do that in this case, but he declined. quested by the House Republicans. It is dential involvement on the one hand Presidents have been entitled to important to note that the very same and the House’s obligation to find the present evidence that is relevant to the truth on the other. inquiry and to request that relevant procedures in H. Res. 660 were sup- Presidents come and Presidents go. witnesses be called. President Trump ported by Acting White House Chief of They have all sharply criticized House was given the chance to do that in the Staff Mick Mulvaney when he served as procedures, but no President has ever House impeachment inquiry before the a member of the Oversight Committee treated those objections as a basis for Judiciary Committee, but he declined. and by Secretary of State Mike complete defiance. No President has Under H. Res. 660, President Trump Pompeo when he served as a member of ever done that. received procedural protections not the Select Committee on Benghazi. In the context of a House impeach- just equal to but in some instances (Text of Videotape presentation:) ment inquiry, it is fair to say that the greater than that afforded to Presi- Mr. GOWDY. I can just tell you in the pri- President is a suspect—a suspect who dents Nixon and Clinton. So let’s be vate interviews there is never any of what you saw Thursday. It is one hour on the Re- may have committed a high crime or clear. The privileges described in the misdemeanor. He cannot tell the detec- publican side, one hour on the Democrat October 8 letter were in fact offered to side—which is why you are going to see the tives investigating the possible con- President Trump as they had been in next two dozen interviews done privately. stitutional crime what they should do prior impeachment inquiries. The Look at the other investigations being done in the context of their investigation. President was able to review all evi- right now. The Lois Lerner investigation In the President’s October 8 letter, dence relied on by the House inves- that was just announced, was that public or Mr. Cipollone complains that he was tigating committees, including evi- private? denied ‘‘the most basic protections de- dence that the minority’s public report Mr. Manager JEFFRIES. If this proc- manded by due process under the Con- identified as favorable to President ess was good enough for other Presi- stitution and by fundamental fair- Trump. dents, why isn’t it good enough for ness,’’ including ‘‘the right to cross-ex- During the Judiciary Committee pro- President Trump? amine witnesses, to call witnesses, to ceedings, the President had opportuni- Representative Gowdy finished that receive transcripts of testimony, to ties to present evidence, call witnesses, statement by saying: ‘‘The private ones have access to evidence,’’ and ‘‘to have have counsel present to raise objec- have always produced the best re- counsel present.’’ tions, cross-examine witnesses, and re- sults.’’ ‘‘The private ones,’’ according It sounds terrible, but it is not accu- spond to the evidence raised against to Trey Gowdy, ‘‘have always produced rate. him. the best results.’’ The President appears to have mis- As the Rules Committee report ac- President Trump complained that his taken the initial phases of the im- companying H. Res. 660 noted, these counsel was not afforded the oppor- peachment inquiry for a full-blown privileges are ‘‘commensurate with the tunity to participate during the Intel trial. The trial phase of the impeach- inquiry process followed in the cases Committee’s proceedings. But neither ment inquiry is taking place right now. of’’ Nixon and Clinton. President President Nixon nor President Clinton Chairman Peter Rodino of the Judici- Trump simply chose not to avail him- were permitted to have counsel partici- ary Committee once observed, as it re- self of what had been afforded to him. pate in the initial fact-gathering stages

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.040 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S558 CONGRESSIONAL RECORD — SENATE January 24, 2020 when they were investigated by special leagues on the other side of the aisle, breaking his promise to the American counsel, independent counsel. House Republicans, when they were in people. President Nixon certainly had no at- the majority. We are playing by the (Text of Videotape presentation:) torney present when the prosecutors same rules devised by our Republican My foreign policy will always put the in- and grand juries began collecting evi- colleagues. terests of the American people and American dence about Watergate and related President Nixon did not engage in security above all else. Has to be first, has to matters. President Nixon did not have blanket obstruction. President Clinton be. That will be the foundation of every sin- an attorney present in this distin- did not engage in blanket obstruction. gle decision that I will make. guished body when the Senate Select No President of the United States has Mr. Manager JEFFRIES. What does Committee on Watergate began inter- ever acted this way. it mean to put America First? America viewing witnesses and holding public Lastly, we should reject President is a great country, but, above all else, hearings. Nor did President Clinton Trump’s suggestion that he can con- I think America is an idea—a precious have an attorney present when pros- ceal all evidence of misconduct based idea. It is an idea that has withstood ecutors from the Office of Independent on unspecified confidentiality inter- the test of time—an enduring idea— Counsel Kenneth Starr deposed wit- ests. Those are his exact words, ‘‘con- year after year, decade after decade, nesses and elicited their testimony be- fidentiality interests.’’ Not once in the century after century, as we continue a fore a grand jury. entire impeachment inquiry did he long, necessary, and majestic march President Trump’s attorney could ever actually invoke executive privi- toward a more perfect Union. America have cross-examined the Intel Commit- lege. is an idea: one person, one vote; liberty tee’s counsel during his presentation of Perhaps that is because executive and justice for all; equal protection evidence before the House Judiciary privilege cannot be invoked to conceal under the law; government of the peo- Committee. That would have func- evidence of wrongdoing. Perhaps that ple, by the people, and for the people; tioned as the equivalent opportunity is because executive privilege does not the preeminence of the rule of law. afforded to President Clinton to have permit blanket obstruction that in- America is an idea. We can either de- his counsel cross-examine Kenneth cludes blocking documents and wit- fend that idea or we can abandon it. Starr, which he did, at length. nesses from the entire executive God help us all if we choose to abandon President Trump was provided a level branch. Perhaps President Trump it. of transparency and the opportunity to didn’t invoke executive privilege be- The CHIEF JUSTICE. The majority participate consistent with the highest cause it has never been accepted as a leader is recognized. standards of due process and fairness sufficient basis for completely and to- RECESS given to other Presidents who found tally defying all impeachment inquir- Mr. MCCONNELL. Mr. Chief Justice, themselves in the midst of an impeach- ies and subpoenas. Or perhaps Presi- we will take a 30-minute break for din- ment inquiry. dent Trump didn’t invoke executive ner. The President—and I am winding privilege because when President The CHIEF JUSTICE. Without objec- down—the President’s next procedural Nixon did so, he lost decisively, unani- tion, it is so ordered. complaint is that it was unconstitu- mously, clearly before the Supreme There being no objection, at 6:45 p.m. tional to exclude agency counsel from Court. Whatever the explanation, the Senate, sitting as a Court of Im- participating in congressional deposi- President Trump never invoked execu- peachment, recessed until 7:32 p.m.; tions. The basis for the rule excluding tive privilege. So it is not a credible whereupon the Senate reassembled agency counsel is straightforward. It defense to his obstruction of Congress. when called to order by the CHIEF JUS- prevents agency officials who are di- President Trump has lastly suggested TICE. rectly implicated in the abuses Con- that his obstruction is justified be- The CHIEF JUSTICE. The majority gress is investigating from trying to cause his top aides are ‘‘absolutely im- leader is recognized. prevent their own employees from mune’’ from being compelled to testify Mr. MCCONNELL. I have spoken with coming forward to tell Congress and before Congress. Every Federal court Congressman SCHIFF and his team, and the American people the truth. It is to consider the so-called doctrine of it looks like we have a couple more common sense. The rule protects the ‘‘absolute immunity’’ has rejected it. hours. rights of witnesses by allowing them to In 2008, a Federal court rejected an Mr. Manager CROW. Mr. Chief Jus- be accompanied in depositions by per- assertion by the 43rd President of the tice, Members of the Senate, counsel sonal counsel, a right that was afforded United States that White House Coun- for the President, impeachment exists to all of the witnesses who appeared in sel Harriet Miers was immune from not to inflict personal punishment for this matter. being compelled to testify, noting that past wrongdoing but, rather, to protect Agency attorneys have been excluded the President had failed to point to a against future Presidential misconduct from congressional depositions of exec- single judicial opinion to justify that that would endanger democracy and utive branch officials for decades under claim. the rule of law. both Republicans and Democrats, in- And on November 25 of last year, an- President Trump remains a threat in cluding Republican Chairman Dan Bur- other Federal judge rejected President at least three fundamental ways: ton, Republican Chairman Darrell Issa, Trump’s claim of absolute immunity First, he continues to assert in court Republican Chairman Jason Chaffetz, for former White House Counsel Don and elsewhere that nobody in the U.S. Republican Chairman Trey Gowdy, Re- McGahn. The court concluded: Government can investigate him for publican Chairman KEVIN BRADY, and Executive branch officials are not abso- wrongdoing, making him unaccount- Republican Chairman Jeb Hensarling, lutely immune from compulsory congres- able. just to name a few. sional process—no matter how many times Second, his conduct here is not a one- Again, the Constitution provides the the Executive branch has asserted as much off; it is a pattern of soliciting foreign House with the sole power of impeach- over the years—even if the President ex- interference in our elections to his own ment and the sole authority to deter- pressly directs such officials [not to comply]. advantage and then using the powers of mine the rules of its proceedings, The court added: ‘‘[Simply stated], his office to stop anyone who dares to which were fair to all involved. Given the primary takeaway from the past investigate. the Constitution’s clarity on this 250 [-some-odd] years of recorded Amer- Finally, the President’s obstruction point, the President’s argument that ican history is that Presidents are not is very much a constitutional crime in he can engage in blanket obstruction is kings.’’ progress, harming Congress, as it delib- just dead wrong. The President is not a King. erates these very proceedings, and the President Trump also objects that President Trump tried to cheat. He American people, who deserve to know the House minority lacked sufficient got caught, and then he worked hard to the facts. subpoena rights. But the subpoena cover it up. He must be held account- A President who believes he can get rules that were applied in the Trump able for abusing his power. He must be away with anything and can use his of- impeachment inquiry were put into held accountable for obstructing Con- fice to conceal evidence of abuse place by my good friends and col- gress. He must be held accountable for threatens us all.

VerDate Sep 11 2014 03:58 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.041 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S559 President Trump is the first Presi- able to the Constitution. But this In one moment, the President stated dent in U.S. history to say he is im- President doesn’t believe that, and that he remained free to invite foreign mune from any effort to examine his that is why we are here. interference in our elections. In the conduct or check his power. He claims Remember, the precedent that you next, he, in fact, invited additional for- he is completely immune from crimi- set in this trial will shape American eign interference in our elections. nal indictment and prosecution while democracy for the future. It will gov- (Text of Videotape presentation:) serving as President. He claims he can ern this President, and it will govern President TRUMP. By the way, likewise, commit any crime—even shoot some- those who follow. If you let the Presi- China should start an investigation into the one on Fifth Avenue, as he has joked dent get away with his obstruction, Bidens. about—with impunity. The President’s you risk grave and irreparable harm to Mr. Manager CROW. Indeed, Presi- own lawyers have argued in court that the separation of powers itself. dent Trump placed his fateful July 25 he cannot even be investigated for vio- Representative Lawrence Hogan, a call to President Zelensky just 1 day lating the law under any circumstance. Republican from Maryland, made this after the special counsel testified in No President of either party has ever point during the Nixon impeachment Congress about his findings. made claims like this. hearing. As Professor Gerhardt testified be- If an investigation somehow does un- (Text of Videotape presentation:) fore the Judiciary Committee: cover misconduct by the President, as Mr. HOGAN (Republican). The historical The power to impeach includes the power this investigation has done, the Presi- precedent we are setting here is so great be- to investigate, but, if the president can cause in every future impeachment of a dent believes he can simply quash it. stymy this House’s impeachment inquiry, he President, it is inconceivable that the evi- can eliminate the impeachment powers as a He claims the right to end Federal law dence relating to that impeachment will not means for holding him and future presidents enforcement investigations for any be in the hands of the executive branch accountable for serious misconduct. If left reason—or none at all—even when which is under his controls. So I agree with unchecked, the president will likely con- there is credible evidence of his own the gentleman from Ohio, Mr. Seiberling, if tinue his pattern of soliciting foreign inter- wrongdoing. we do not pass this article today, the whole ference on his behalf in the next election. Added together, the President’s posi- impeachment power becomes meaningless. I must emphasize that President tions amount to a license to do any- Mr. Manager CROW. This leads us to Trump’s obstruction persists to this thing he wants. No court has ever ac- a second consideration: the President’s day. cepted this view and for good reason: pattern of obstructing. The second Article of Impeachment Our Founders created a system in Article II describes President charges a high crime in progress. As a which all people—even Presidents—are Trump’s impeachable conduct in ob- result, the President’s wrongdoing did bound by the law and accountable for structing Congress. On its own, that not just harm the House as we have their actions. warrants removal from office. Yet it performed our own constitutional duty; In addition to claiming that he is im- must be noted that the President’s ob- it is also harming the Senate, which is mune from criminal process, President struction fits a disturbing pattern. being deprived of information you need As stated in article II, President Trump contends that he is not ac- before the votes you will soon take. Trump’s obstruction is ‘‘consistent countable to either Congress or the ju- And, of course, the true victim is the with [his] previous efforts to under- diciary. He has invoked bizarre legal American people, who deserve the full theories to justify defying congres- mine United States Government inves- tigations into foreign interference in truth. sional investigations. He has argued As we have discussed, the President that Congress is forbidden from having United States elections.’’ Another example is President claims that all the evidence he is hid- the courts intervene when executive Trump’s attempts to impede the spe- ing and covering up would actually branch officials disregard its sub- cial counsel’s investigation into Rus- prove his innocence. To borrow a poenas. He has sued to block third par- sian interference with the 2016 election, phrase from the late Justice Scalia, ties from complying with congressional as well as the President’s sustained ef- that claim ‘‘taxes the credulity of the subpoenas. forts to obstruct the special counsel credulous.’’ Perhaps most remarkably, President President Trump has used all the au- after learning that he was under inves- Trump has claimed that Congress can- tigation for obstruction of justice. thority of his office to block the full not investigate his misconduct outside The special counsel’s investigation truth from coming to light. He has de- of an impeachment inquiry, while si- addressed an issue of extraordinary im- fied subpoenas and ordered others to do multaneously claiming that Congress portance to our national security and so. He has publicly intimidated and cannot investigate his misconduct in democracy: the integrity of our elec- threatened witnesses. He has attacked an impeachment inquiry. Of course, tions themselves. Rather than aid the the House for daring to investigate President Trump considers any inquiry special counsel’s investigation, how- him. And he has lobbed an endless vol- to be illegitimate if he thinks he did ever, President Trump sought to ley of personal attacks on witnesses nothing wrong, doubts the motives of thwart it and used the powers of his of- and meritless complaints about proce- Congress, or decides that he would pre- fice to do it. dure to sow confusion and distract the fer a different set of rules. After learning that he himself was American people. Let’s review the President’s position. under investigation, President Trump The President’s abuses are unfolding He can’t be investigated for crimes. He ordered the firing of the special coun- before our eyes, and they must be can end any Federal law enforcement sel, sought to curtail the special coun- stopped. investigation into him. He is immune sel’s investigation, instructed the Before I conclude, I think you all de- from any State law enforcement inves- White House Counsel to create a false serve an explanation from me as to tigation. Neither he nor his aides can record and make false public state- why I am standing here. There has be subpoenaed. He can reject subpoenas ments, and tampered with at least two been a lot of conversation in the last based on broad, novel, and even re- key witnesses in the investigation. few years about what makes America jected theories. When he does reject The pattern is as unmistakable as it great, and I have some ideas about subpoenas, Congress is not allowed to is unnerving. that. I happen to think that what sue him, but he is allowed to sue to In one moment, President Trump makes America great is that genera- block others from complying with con- welcomed and invited a foreign nation tion after generation, there have been gressional subpoenas. Congress defi- to interfere in an election to his advan- Americans who have been willing to nitely can’t investigate him outside of tage, and the next, he solicited and stand up and put aside their self-inter- an impeachment inquiry, and, again, it pressured a foreign nation to do so. est to make great sacrifices for the can’t investigate him as part of one. In one moment, President Trump public good, for our country. I know The bottom line is that the President used the powers of his office to ob- because I have seen people do that. truly believes that he is above the law. struct the special counsel, and the Like some of the people in this Cham- This is not our system, and it never has next, he used the powers of his office to ber, I have seen people give everything been. The President is a constitutional obstruct the House impeachment in- for this country so we could sit here officer. Unlike a King, he is account- quiry. today.

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.044 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S560 CONGRESSIONAL RECORD — SENATE January 24, 2020 Now, this isn’t politically expedient. steps by conditioning official United States acted in a manner grossly incompatible with It certainly isn’t for me. It is hard. It Government acts of significant value to self-governance and the rule of law. requires sacrifice. It is uncomfortable. Ukraine on its public announcement of the That has been proved. investigations. But that is the very definition of ‘‘pub- President Trump thus warrants impeach- lic service’’; that we are here to give of That has been proved. ment and trial, removal from office, and dis- ourselves for the country, for others, at President Trump engaged in this scheme or qualification to hold and enjoy any office of sacrifice to ourselves. Those who have course of conduct for corrupt purposes in honor, trust, or profit under the United given so much for this country deserve pursuit of personal political benefit. States. nothing less from us now than to try to That has been proved. That will be for you to decide. But honor those sacrifices. I have tried to In so doing, President Trump used the pow- the facts have been proved. Those facts do that the last few days. My time is ers of the Presidency in a manner that com- are not contested. We have met our done, and it is now your turn. promised the national security of the United burden. States and undermined the integrity of the Mr. Manager SCHIFF. Chief Justice, Article II: Obstruction of Congress. United States democratic process. Senators, counsel for the President, The Constitution provides that the House you will be pleased to know this is the That has been proved. of Representatives ‘‘shall have the sole last presentation of the evening. And He thus ignored and injured the interests Power of Impeachment’’ and the President as I started last night, I made reference of the Nation. ‘‘shall be removed from Office on Impeach- That has been proved. ment for, and Conviction of, Treason, Brib- to some good advice I got from an en- ery, or other high Crimes and Mis- couraging voice that said: Keep it up President Trump engaged in this scheme or demeanors.’’ In his conduct of the office of but not too long. course of conduct through the following President of the United States—and in viola- Tonight I got some equally good ad- means: tion of his constitutional oath faithfully to vice: To be immortal, you don’t need to (1) President Trump—acting both directly execute the office of President of the United be eternal. I will do my best not to be and through his agents within and outside States and, to the best of his ability, pre- the United States Government—corruptly serve, protect, and defend the Constitution eternal. solicited the Government of Ukraine to pub- The first point I would like to make of the United States, and in violation of his licly announce investigations into— constitutional duty to take care that the is I am tired. I don’t know about you, (A) a political opponent, former Vice Presi- laws be faithfully executed—Donald J. but I am exhausted, and I can only dent Joseph R. Biden, Jr.; and Trump has directed the unprecedented, cat- imagine how you feel. But I am also That has been proved. egorical, and indiscriminate defiance of sub- very deeply grateful for just how you (B) a discredited theory promoted by Rus- poenas issued by the House of Representa- have attended to these presentations sia alleging that Ukraine—rather than Rus- tives pursuant to its ‘‘sole Power of Im- and discussions over the last few days. sia—interfered in the 2016 United States peachment’’. I am deeply grateful. I can tell how Presidential election. That has been proved. much consideration you have given to That has been proved. President Trump has abused the powers of our point of view and the President’s (2) With the same corrupt motives, Presi- Presidency in a manner offensive to, and point of view, and that is all we can dent Trump—acting both directly and subversive of, the Constitution, in that: ask. At the end of the day, all we can through his agents within and outside the The House of Representatives has engaged ask is that you hear us out and make United States Government—conditioned two in an impeachment inquiry focused on Presi- the best judgment that you can, con- official acts on the public announcements dent Trump’s corrupt solicitation of the sistent with your conscience and our that he had requested— Government of Ukraine to interfere in the 2020 United States Presidential election. Constitution. (A) the release of $391 million of United States taxpayer funds that Congress had ap- That has been proved. Now, I wanted to start out tonight propriated on a bipartisan basis for the pur- with where we began when we first ap- As part of this impeachment inquiry, the pose of providing vital military and security Committees undertaking investigation peared before you about a week ago, assistance to Ukraine to oppose Russian ag- and that is with the resolution itself, served subpoenas seeking documents and tes- gression and which President Trump had or- timony deemed vital to the inquiry for var- with what the President is charged dered suspended. ious Executive Branch agencies and offices, with in the articles and how that holds That has been proved. and current and former officials. up now that you have heard the evi- (B) a head of state meeting at the White That has been proved. dence from the House. House, which the President of Ukraine In response, without lawful cause or ex- Donald Trump was impeached in arti- sought to demonstrate continued United cuse, President Trump directed Executive States support for the Government of cle I for abuse of power, and that arti- Branch agencies, offices, and officials not to Ukraine in the face of Russian aggression. cle provides that: comply with those subpoenas. That has been proved. In his conduct of the office of the President That has been proved. of the United States—and in violation of his (3) Faced with the public revelation of his President Trump thus interposed the pow- constitutional oath faithfully to execute the actions, President Trump ultimately re- ers of the Presidency against the lawful sub- office of President of the United States and, leased the military and security assistance poenas of the House of Representatives, and to the best of his ability, preserve, protect, to the Government of Ukraine, but has per- assumed to himself functions and judgments and defend the Constitution of the United sisted in openly and corruptly urging and so- necessary to the exercise of the ‘‘sole Power States, and in violation of his constitutional liciting Ukraine to undertake investigations of Impeachment’’ vested by the Constitution duty to take care that the laws be faithfully for his personal political benefit. in the House of Representatives. executed—Donald J. Trump has abused the That has been proved. powers of the Presidency, in that: That has been proved. These actions were consistent with Presi- Using the powers of his high office, Presi- President Trump abused the powers of his dent Trump solicited the interference of a dent Trump’s previous invitations of foreign interference in United States elections. high office through the following means: foreign government, Ukraine, in the 2020 (1) Directing the White House to defy a United States Presidential election. That has been proved. lawful subpoena by withholding the produc- ‘‘President Trump solicited inter- In all of this, President Trump abused the tion of documents sought therein by the ference of a foreign government, powers of the Presidency by ignoring and in- Committees. Ukraine, in the 2020 election.’’ juring national security and other vital na- That has been proved. That has been proved. tional interests to obtain an improper per- sonal political benefit. (2) Directing other Executive Branch agen- He did so through a scheme or course of cies and offices to defy lawful subpoenas and conduct that included soliciting the Govern- That has been proved. withhold the production of documents and ment of Ukraine to publicly announce inves- He also betrayed the Nation by abusing his records from the Committees—in response to tigations that would benefit his reelection, high office to enlist a foreign power in cor- which the Department of State, Office of harm the election prospects of a political op- rupting democratic elections. Management and Budget, Department of En- ponent, and influence the 2020 Presidential That has been proved. ergy, and Department of Defense refused to election to his advantage. produce a single document or record. Wherefore President Trump, by such con- That has been proved. duct, has demonstrated that he will remain a That has been proved. President Trump also sought to pressure threat to national security and the Constitu- (3) Directing current and former Executive the Government of Ukraine to take these tion if allowed to remain in office, and has Branch officials not to cooperate with the

VerDate Sep 11 2014 03:58 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.046 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S561 Committees—in response to which nine Ad- that article I is bribery, there will shall have the sole Power of Impeach- ministration officials defied subpoenas for never be an article I if the Congress ment’’ there is an asterisk that reads: testimony, namely John Michael ‘‘Mick’’ can’t investigate an impeachable of- ‘‘after exhausting all court remedies Mulvaney, Robert B. Blair, John A. fense. If the Congress cannot inves- and seeking relief in the district court Eisenberg, Michael Ellis, Preston Wells Grif- fith, Russell T. Vought, Michael Duffey, tigate the President’s own wrongdoing and seeking relief in the court of ap- Brian McCormack, and T. Ulrich Brechbuhl. because the President prevents it, peals and, after that, going to the Su- That has been proved. there will never be an article I because preme Court’’—let’s not kid ourselves there will be no more impeachment about what that really is. These actions were consistent with Presi- What that really means is you allow dent Trump’s previous efforts to undermine power. It will be gone. It will be gone. United States Government investigations As I said before, our relationship the President to control the timing of into foreign interference in United States with Ukraine will survive. God willing, his own impeachment or if it will ever elections. our relationship with Ukraine will sur- be permitted to come before this body. That has been proved. vive, and Ukraine will prosper. We will That is not an impeachment power. get beyond this ugly chapter of our his- That is the absence of an impeachment Through these actions, President Trump sought to arrogate to himself the right to de- tory. power. termine the propriety, scope, and nature of Yet, if we are to decide here that a Article II is every bit as important as an impeachment inquiry into his own con- President of the United States can sim- article I. Without article II, there is no duct, as well as the unilateral prerogative to ply say, Under article II, I can do what- article I ever again, no matter how deny any and all information to the House of ever I want, and I don’t have to treat a egregious this President’s conduct or Representatives in the exercise of its ‘‘sole coequal branch of government like it any other’s. It is fundamental to the Power of Impeachment.’’ exists, and I don’t have to give it any separation of powers. If you can’t have That has been proved. more than the back of my hand, that the ability to enforce an impeachment In the history of the Republic, no Presi- will be an unending injury to this power, you might as well not put it in dent has ever ordered the complete defiance country—Ukraine will survive, and so the Constitution. of an impeachment inquiry or sought to ob- will we—but that will be an unending Shortly, the President’s lawyers will struct and impede so comprehensively the injury to this country because the bal- have a chance to make their presen- ability of the House of Representatives to in- ance of power that our Founders set tation. As we will not have the ability vestigate ‘‘high Crimes and Misdemeanors’’. out will never be the same if a Presi- to respond to what they say, I want to That has been proved. dent can simply say: I am going to give you a little preview of what I This abuse of office served to cover up the fight all subpoenas. think they are going to have in store President’s own repeated misconduct and to I will tell you something else. Truism for you so that, when you do hear it, seize and control the power of impeach- in the courts is just as true here in the you can put it into some perspective. ment—and thus to nullify a vital constitu- tional safeguard vested solely in the House Senate. When they say, ‘‘Justice de- I expect that they will attack the of Representatives. layed is justice denied,’’ if you give process, and I don’t think that is any mystery. I want to tell you both what This has been proved. this President or any other the unilat- eral power to delay as long as he or she I expect they will share with you and In all of this, President Trump has acted in likes—to litigate matters for years and what it really means. When you cut a manner contrary to his trust as President and subversive of constitutional government, years in the courts—do not fool your- through all of the chaff, what does it to the great prejudice of the cause of law and self into thinking it is anything less. really mean that they are saying? This justice, and to the manifest injury of the In April, it will be a year since we is what I expect they will tell you. people of the United States. subpoenaed Don McGahn, and there is The process was so unfair. It was the That has been proved. no sign of an end to that case. I will most unfair in the history of the world Wherefore, President Trump, by such con- tell you, when it gets to the Supreme because, in the House, they took depo- duct, has demonstrated that he will remain a Court, you might think that is the end, sitions. How dare they take deposi- threat to the Constitution if allowed to re- but it is just the end of the first chap- tions? How dare they listen to Trey main in office, and has acted in a manner ter because Don McGahn is in court, Gowdy? How dare they follow the Re- grossly incompatible with self-government saying: I am absolutely immune from publican procedures that preceded and the rule of law. testifying. their investigation? How dare they? That has been proved. Now, that has been rejected by every They were so secretive in the bunker President Trump thus warrants impeach- court that has looked at it. We will see in the basement, as if whether it is on ment and trial, removal from office, and dis- what the court of appeals says, and the ground floor or in the basement or qualification to hold and enjoy any office of then we will see if it goes to an en banc on the first floor makes any difference. honor, trust, or profit under the United court of appeals, and then we will see There were those supersecret deposi- States. what the Supreme Court says. When we tions in which only 100 Members of That will be for you to determine. prevail in the Supreme Court, do you Congress—equivalent to the entire Sen- Let me say something about this sec- know what happens? That is not the ate—could participate. That is how se- ond article. The facts of the President’s end of the matter. It goes back to the cret they were. That is how exclusive defiance of Congress are very simple trial court, and then—well, they can’t they were. Every Democrat, every Re- because they were so uniform, because claim absolute immunity anymore. publican on the three committees they were so categorical, because they They can’t claim that. They don’t even could participate. Of course, that are so uncontested; yet do not mistake have to bother showing up. wasn’t enough, so you even had more for a moment the fact that it was sim- So now we are going to turn to plan storm the SCIF, right? So you have 100 ple and quick to present that course of B, executive privilege, where ‘‘we can’t people who can participate, but as you conduct compared with the sophisti- and won’t answer any of the questions heard earlier, the Republicans were not cated campaign to coerce Ukraine into that are really pertinent to your im- allowed to participate. thinking that that second article is peachment inquiry.’’ Let’s start out in OK. That is just false. Do you know any less significant than the first. Do district court and then go to the court how we did it in those supersecret not believe that for a moment. If there of appeals and then go to the en banc depositions? You can look this up your- is no article II, let me tell you some- and then go to the Supreme Court. selves because we released the tran- thing: There will never be an article I. You can game the system for years. scripts. We got an hour. They got an If there is no article II, there will never Justice delayed is justice denied, and hour. We got 45 minutes. They got 45 of any kind or shape or form be an arti- so it is true about Presidential ac- minutes. We did that back and forth cle I. countability. When you suggest or I until everyone was done asking their And why is that? Because, if you and suggest or anyone suggests or the questions. we lack the power to investigate a White House suggests ‘‘why didn’t the You are going to hear that Chairman President, there will never be an arti- Congress—why didn’t the House—just SCHIFF was so unfair, he wouldn’t allow cle I. Whether that article I is an abuse exhaust their remedies?’’—as if in the us to ask our questions. Well, there of power or that article I is treason or Constitution, where it says ‘‘the House were certain questions I didn’t allow,

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.047 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S562 CONGRESSIONAL RECORD — SENATE January 24, 2020 questions like ‘‘Who is the whistle- minority’s witness requests. You will Presidents of the United States have blower? because we want to punish that hear those arguments, that it was the every right to abuse their power. That whistleblower.’’ Some of us in that most unfair in history. The fact is we is the argument. House and in this House believe we have the same process. OK. I know it is a hard argument to ought to protect whistleblowers. So, In those other impeachments, the make, right? Presidents have a con- yes, I did not allow the outing of the majority did not surrender its sub- stitutional right to abuse their power, whistleblower. poena power to the minority. Do you and how dare the House of Representa- When they say the chairman know what it did? It said you can sub- tives charge a President with abusing wouldn’t allow certain questions, that poena witnesses, and if the majority his power? is what they mean. It means that we doesn’t agree, you can force a vote. Now, I am looking forward to that protect people who have the courage to That is the same process we have here. constitutional argument by Alan come forward and blow the whistle, and The majority does not surrender its Dershowitz because I want to know we don’t think—though the President subpoena power. It didn’t in the prior why abusing power and trust is not im- might—that they are traitors and impeachments, and it didn’t in this peachable now, but it was a few years spies. To believe that someone who one. When they say the process was un- ago. The last time I checked, I don’t blows the whistle on misconduct of the fair, what they really mean is, Don’t think there was significant change to serious nature that you now know took look at what the President did. For the Constitution between the time he place is a traitor or a spy, there is only God’s sake, don’t look at what the said it was impeachable and the time one way you can come to that conclu- President did. he is saying now that, apparently, it is sion, and that is if you believe you are I think the second thing you will not impeachable. So I am looking for- the state and that anything that con- hear from the President’s team will be ward to that argument. tradicts you is treason. That is the to attack the managers. Those man- But I am also looking forward to Ken only way that you could conceive of agers are just awful. They are terrible Starr’s presentation because, during someone who exposes wrongdoing as people, especially that Schiff guy. He is the Clinton impeachment, he main- being a traitor or a spy, but that is ex- the worst. He is the worst. In exhibit A, tained that a President not only could actly how this President views those he mocked the President. He mocked but must be impeached for obstructing who expose his wrongdoing—because he the President. He mocked the Presi- justice, that Clinton—Bill Clinton— is the state. Like any good monarch, dent as if he was shaking down the needed to be impeached because he lied he is the state. leader of another country like he was under oath about sex, and to do so ob- You will hear the President wasn’t an organized crime figure. He mocked structed justice. allowed to participate in the Judiciary the President. He said it was like the You can be impeached for obstruct- Committee. Well, that is false, too, as President said: Listen, Zelensky, be- ing justice, but you cannot be im- you know. The President had the same cause I am only going to say this seven peached for obstructing Congress. rights in our proceedings as President times. Now, I have to confess I don’t know Nixon and President Clinton. Nonethe- Well, I discovered something very exactly how that is supposed to work less, you will hear it was so unfair. significant by mocking the President, because the logical conclusion from One other thing that was really un- and that is, for a man who loves to that is Ken Starr is saying that Bill fair was that all of the subpoenas were mock others, he does not like to be Clinton’s mistake was in showing up invalid because the House didn’t pass a mocked. As it turns out, he has got under subpoena, that Bill Clinton’s resolution announcing its impeach- pretty thin skin. Who would have mistake was in not saying: I am going ment inquiry—never mind that we ac- thought? Never mind that I said I to fight all subpoenas. Bill Clinton’s tually did. The problem was, they said, wasn’t using his words before I said it mistake was in not taking the position well, we had not, and then we did. Then and that I wasn’t using his words after that under article II he could do what- the problem was, well, you did. I said it and that I said I was making ever he wanted. Of course, as you know, the Constitu- a parody of his words. It is an outrage, Does that really make any sense? tion says the House will ‘‘have the sole he mocked the President—that SCHIFF, You can be impeached for obstructing Power of Impeachment.’’ If we want to terrible. your own branch of government, but do it by House resolution, we can do it They will attack other colleagues, you cannot be impeached for obstruct- by House resolution. If we want to do it too, for things said in the heat of de- ing a coequal branch of government. by committee, we can do it by com- bate here on the floor as we were That would make no sense to the mittee. It is not the President’s place reaching the wee hours in the morning, Framers. I have to think, over the cen- to tell us how to conduct an impeach- and they will attack some of my col- turies, as they have watched us, they ment proceeding any more than it is leagues who aren’t even in this Cham- would be astonished that anyone would the President’s place to tell you how ber. Maybe they will attack The Squad. take that argument seriously or could you should try it. That is a perennial favorite with the so misapprehend how this balance of So, when you see that eight-page dia- President. If they attack The Squad, power is supposed to work. tribe from the White House Counsel, you should ask: What does that have to So I look forward to that argument, saying we should have been able to do with the price of beans? and maybe, when they make that argu- have had a resolution in the House or You can expect attacks on all kinds ment, they can explain to us why their we should have been able to have had of Members of the House that have position on abuse of power isn’t even ‘‘this,’’ what you should hear—what nothing to do with the issues before supported by their own Attorney Gen- they really mean—is Donald Trump you. When you hear those attacks, you eral. So I hope they will answer why had the right to control his own im- should ask yourself: Away from what even their own Attorney General peachment proceeding, and it is an out- do they want to distract my attention? doesn’t agree with them—not to men- rage that Donald Trump didn’t get to Nine times out of ten, it will be the tion, by the way, the constitutional write the rules of his own impeachment President’s misconduct. Look for it— law expert called by the Republicans in proceeding in the House. If you give a attacks on the managers, attacks on the House who also testified, as to President that right, there is no im- other House Members, attacks on the abuse of power, that it is impeachable, peachment power. You will hear them Speaker, attacks on who knows what. that you don’t need a crime. It is im- say that. It is all of the same ilk. Whatever you peachable. You will hear them complain about do, just don’t consider the President’s When you hear them make these ar- depositions that were the same as the misconduct. guments—cannot be impeached for Republicans’ or the right to participate You will also hear attacks on the abusing your power—this is what it that was the same as with Clinton and Constitution. Of course, it will not be really means: We cannot defend his Nixon and that, by the way, they were framed as attacking the Constitution, conduct, so we want to make it go all not allowed to call witnesses, they but that is really what it represents, away without even having to think said. Well, 3 of the 12 witnesses that we and that is: Abuse of power doesn’t vio- about it. You don’t even need to think heard in our open hearings were the late the Constitution. about what the President did because

VerDate Sep 11 2014 01:41 Jan 25, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JA6.051 S24JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 24, 2020 CONGRESSIONAL RECORD — SENATE S563 the House charged it wrong, so don’t another of the myriad forms of ‘‘Please ers to contribute more, and Europe even consider what the President did. do not consider what the President contributes a great deal as it is. This is That is what that argument means. We did.’’ an after-the-fact rationalization. can’t defend the indefensible, so we Whether you like the President or You probably saw the public report- have to fall back on this: Even if he you dislike the President is immate- ing that there was an exhaustive effort abused his office, even if he did all the rial. It is all about the Constitution after the fact to come up with a post things he is accused of, that is per- and his misconduct. If it meets the hoc rationalization for this scheme. I fectly fine. Nothing can be done about standard of impeachable conduct, as we would like to show you the product of it. have proved, it doesn’t matter whether that investigation, but I will need your You will also hear, as part of the de- you like him; it doesn’t matter wheth- help because it is among the docu- fense—and you heard this from Jay er you dislike him. What matters is ments they refuse to turn over. They Sekulow. I think it was the last thing whether he is a danger to the country will show you just what an after-the- he said: ‘‘The whistleblower.’’ And then because he will do it again, and none of fact invention this argument is. he stepped back to the table. ‘‘The us can have confidence, based on his Now, I expect you will hear the argu- whistleblower.’’ record, that he will not do it again be- ment that Obama did it. Obama did it. I don’t really know what that means, cause he is telling us every day that he That may take several different forms, but I suspect you will hear more of will. but the form of ‘‘Obama did it’’ that I that. ‘‘The whistleblower.’’ ‘‘The whis- You will hear the further defense am referring to is ‘‘Obama also with- tleblower.’’ It is his or her fault that that Biden is corrupt—that Joe Biden held aid.’’ Honestly, I think that argu- we are here. ‘‘The whistleblower.’’ is corrupt, that Hunter Biden is cor- ment is an insult to our intelligence You know, I would encourage you to rupt. This is their defense. It is another because the argument is that Obama read the whistleblower complaint defense because what they hope to withheld aid from Egypt, and he made again. When you read that complaint achieve in a Senate trial is what they a condition with it. again, you will see just how remark- couldn’t achieve through their scheme. Obama withheld aid from Egypt after ably accurate it is. It is astonishingly If they couldn’t get Ukraine to smear they had a revolution and cir- accurate. the Bidens, they want to use this trial cumstances changed. And do you know You know, for all the times the to do it instead. So let’s call Hunter something? He didn’t hide it from Con- President is out there saying that the Biden. Let’s smear the Bidens. Let’s gress. In fact, Congress supported it. complaint was all wrong, was all succeed in the trial with what we Yes, there are times when we withhold wrong, you read it—now that you have couldn’t do with this scheme. That is aid for a good policy reason—not a cor- heard the evidence, you read it, and the goal. rupt effort to get help in your election. you will see how remarkably right the Now, I don’t know whether Rudy The American people know the dif- whistleblower is. Giuliani, who said he was going to ference between right and wrong. They When that complaint was filed, it present his report to some of the Sen- can recognize the difference between was obviously before we had our depo- ators, has presented his report. Maybe aid that is withheld for a malicious sitions and had our hearings, all of he has. Maybe you will get to see what purpose and aid that is held in the best which obviated the need for the whis- is in Rudy Giuliani’s report. Maybe you interests of our national security. But tleblower. will get to see some documents smear- you will hear the ‘‘Obama did it’’ argu- In the beginning, we wanted the ing the Bidens produced by—who ment. whistleblower to come and testify be- knows? Maybe these same Russian, You will hear the call was perfect. cause all that we knew about was the corrupt former prosecutors. You will hear the call was perfect. I complaint, but then we were able to But make no mistake about what suspect the reason they will make the hear from firsthand witnesses about that is about. It is about completing argument that the call was perfect is what happened. the object of the scheme through other because the President insists that they Then something else happened. The means, through the means of this trial. do. I don’t think they really want to President and his allies began threat- You may hear the argument that have to make that argument. You ening the whistleblower, and the life of what the President is doing when he is wouldn’t either. But they have a client the whistleblower was at risk. And obstructing Congress is protecting the to represent, so they will make the ar- what was the point in exposing that office for future Presidents because gument that the call was perfect, and whistleblower at the risk of his or her there is nothing more important to they will also make the argument that life when we had the evidence we need- Donald Trump than protecting the Of- Ukraine thinks the call was perfect. ed? What was the point, except retribu- fice of the Presidency for future Presi- Ukraine says there was no pressure. tion? Retribution—and the President dents. And I suppose when he withheld What that really means is that wants it still. military aid from Ukraine, he was try- Ukraine wants a future. Ukraine knows Do you know why the President is ing to protect future Presidents. And it is still beholden to us for aid. mad at the whistleblower? Because, but when he sought to force a foreign Ukraine still hasn’t gotten in through for the whistleblower, he wouldn’t have power to intervene in our election, he the door of the White House. Ukraine been caught, and that is an was doing it on behalf of future Presi- knows if they acknowledged that they unforgiveable sin. He is the State, and dents because future Presidents might were shaken down by the President of but for the whistleblower, the Presi- likewise wish to cheat in a further the United States, the President of the dent wouldn’t have been caught. For election. United States will make them pay. So that he is a spy, and he is guilty of I don’t think that argument goes when you hear them say that Ukraine treason. very far, but I expect you will hear it. felt no pressure and their proof is be- Now, what does he add to this? Noth- I expect you will hear it. cause the Ukraine President doesn’t ing but retribution—a pound of flesh. You may hear an argument that the want to call the President of the You will also hear the President’s de- President was really concerned about United States a bad name, you will fense: They hate the President. They corruption, and he was concerned know why—because they need Amer- hate the President. You should not about the burden-sharing. I won’t ica. They need America. The Framers consider the President’s misconduct spend much time on that because you did not expect you to leave your com- because they hate the President. have heard the evidence on that. There mon sense at the door. Now, what I have said—I will leave is no indication that this had anything Now, you will also hear the defense you to your own judgments about the to do with corruption and every, every that the President said there was ‘‘no President. I only hate what he has done bit of evidence that it had nothing to quid pro quo.’’ The President said there to this country. I grieve for what he do with fighting corruption or burden- was ‘‘no quid pro quo.’’ I guess that is has done to this country. sharing. Indeed, nothing about the bur- the end of the story. This is a well- But when they make the argument to den changed between the time he froze known principle of criminal law—that you that this is only happening be- the aid and the time he released the if the defendant says he didn’t do it, he cause they hate the President, it is just aid. There was no new effort to get oth- couldn’t have done it.

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They got the money, and they got the ing, and they didn’t want to do even And my father said: Yeah. And he meeting—even though they didn’t. that. They knew for the overwhelming was in the Army. They got the meeting on the sideline of majority of the documents and witness So the war was over, and he never the U.N.—kind of a drive-by. But they testimony there was no even colorable left the United States. When he left the got a meeting—no harm no foul, right? claim of privilege. So they didn’t even service, he went to the University of The meeting on the sidelines is pretty want to invoke it. All they were saying Alabama. About midway through, he much the same thing, right, as a head- is ‘‘Maybe someday.’’ But you will hear wanted to get on with his life, and he of-state meeting in the Oval Office? Of that you can’t be impeached for a left college and went out into the busi- course, it is not. claim of privilege they never made. ness world. It is something he will al- Why do you think, at the meeting at So what do all these defenses mean? ways regret—leaving college early—but the United Nations, the President of What do they mean? What do they I think in many ways he got a better Ukraine was still saying: Hey, when am mean collectively when you add them education than I did. I going to get to come to town? He cer- all up? I think I was lucky to get a good edu- tainly recognizes the difference, and we What they mean is, under article II, cation, but I think those like JASON— should too. What is more, there is the President can do whatever he and others who served in the military every bit of harm and every bit of foul wants. That is really it. That is really and also went to school—got the best in withholding aid from an ally at war it, stripped of all the detail and all the education. But I think there are cer- and releasing it only when you are histrionics. What they want us to be- tain things you can only learn by being caught. lieve is that the President can do what- in the military. Certainly, you can’t Russia knows now about the wedge in ever he wants under article II, and really learn about war without going our relations with Ukraine. The mo- there is nothing that you or the House to war, and maybe there are things you ment Russia found out about this—and can do about it. just can’t learn about life without I have to imagine, given how good their Robert Kennedy once said: going to war. So those of you who have intel services are, they did not have to Moral courage is a rarer commodity than served have the most complete edu- wait for POLITICO to break the story bravery in battle or great intelligence. Yet it cation I think there is. any more than Ukraine. In fact, there is the one essential, vital quality for those Even so, is moral courage really is so deep a penetration of Ukraine, I who seek to change a world that yields most more rare than that on a battlefield? would have to expect that the Russians painfully to change. And then I saw what Robert Kennedy would have found out at least as early ‘‘Moral courage is a rarer commodity meant by moral courage. He said: ‘‘Few as the Ukrainians did, if not earlier. than bravery in battle.’’ I have to say, men are willing to brave the dis- The moment Ukraine learned and when I first read that, I wasn’t sure I approval of their peers, the censure of Russia learned, there was harm, be- agreed. Moral courage is a rarer qual- their colleagues, [and] the wrath of cause Ukraine knew they couldn’t ity than courage in battle. It just their society.’’ trust us and Russia knew they could doesn’t seem right. I wasn’t sure I real- Then I understood by that measure take advantage of us. There was imme- ly agreed, and for a Democrat not to just how rare moral courage is. How diate harm, and just because someone agree with a Kennedy is kind of a her- many of us are willing to brave the dis- is caught, because a scheme is thwart- esy. I am sure my GOP colleagues feel approval of our peers, the censure of ed, doesn’t make that scheme any less the same way about the Kennedys from our colleagues, and the wrath of our so- criminal and corrupt. You get no pass Louisiana. After all, what can be more ciety? when you get caught. brave than courage in battle? What Just as those who have not served in I expect one of the defenses you will could be more rare than courage in bat- the military can’t fully understand see is they will play you certain testi- tle? But then I got to visit, as I know what service means, so, too, there is a mony from the House where my col- all of you have, our servicemembers different kind of paternity or sorority leagues on the other side of the aisle around the world and see just how among those who have served in the ask questions like these: Did the Presi- blessed we are with an abundance of House. I always tell my constituents dent ever say he was bribing Ukraine? heroes by the millions who have joined that there are two kinds of jobs in Con- Did you ever see him actually bribe the service of this country—service- gress, and it is not Democrats or Re- Ukraine? Did you hear him say that he members who, every day, demonstrate publicans; it is those in a safe seat, and was going to bribe Ukraine? Did you the most incredible bravery. I just have those in an unsafe seat. I am sure the personally see this yourself? If you the greatest respect for them, for peo- same is true of those in a safe State or didn’t see it, if he didn’t lay it out for ple like JASON CROW and John McCain an unsafe State. It is why I think there you, then it could not have happened. and Daniel Inouye and so many others is a certain chemistry between Mem- Two plus two does not equal four. You who served in this body or the other or bers who represent those swing dis- are not allowed to consider anything who never served in office, by the mil- tricts and States—because they can except for a televised confession by the lions, around the country and around step into each other’s shoes. President, and, even then, don’t con- the world—the most incredible respect. One of the things that we in this fel- sider it. It is an amazing thing, how common is lowship of officeholders understand So I imagine you will hear some of their uncommon bravery. that most people don’t is that real po- that testimony where witnesses are My father is 92. He is probably watch- litical courage doesn’t come from dis- asked—they work for the Defense De- ing. He is part of the ‘‘greatest genera- agreeing with our opponents but from partment: Did the President ever tell tion.’’ He left high school early to join disagreeing with our friends and with you that he was conditioning the aid? the service. He tried to enlist in the our own party because it means having Never mind that these are people who Marine Corps, and he failed the phys- to stare down accusations of disloyalty don’t necessarily even talk to the ical. At the end of World War II, he and betrayal: He’s a Democrat in name President, but I expect you will see failed the physical for bad eyesight and only or she’s a Republican in name some of that. flat feet—which was apparently enough only. As I mentioned before, you will hear to fail the physical. So 2 weeks later, What I said last night, if it resonated the defense say: We claim privilege. he went and tried to enlist in the with anyone in this Chamber, didn’t re- You can’t impeach the President over Army, thinking: Maybe it is a different quire courage. My views, as heartfelt the exercise of privilege. Never mind physical standard, and even if it isn’t, as they are, reflect the views of my the fact that they never claimed privi- maybe I will get a different physician. constituents. But what happens when

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We can do a lifetime’s work, draft the try our souls. But consider this: Of the hundreds of most wonderful legislation, help our CBS news reported last night that a documents that we have subpoenaed, constituents, and yet we may be re- Trump confidante said that GOP Sen- there is no colorable claim and none membered for none of that. But for a ators were warned: ‘‘Vote against the has been asserted. To the degree that single decision, we may be remem- President, and your head will be on a you could even make a claim, that bered, affecting the course of our coun- pike.’’ I don’t know if that is true. claim has been waived. To the degree try. I believe this may be one of those ‘‘Vote against the President, and that even superficially the claim would moments—a moment we never thought your head will be on a pike.’’ I have to attach, it does not conceal misconduct. say when I read that—and again, I we would see, a moment when our de- And what is more, to the degree that mocracy was gravely threatened and don’t know if that is true, but when I there were a dispute over whether a read that, I was struck by the irony. I not from without but from within. privilege applied, we have a perfectly Russia, too, has a constitution. It is hope it is not true. I hope it is not true. good judge sitting behind me empow- not a bad constitution. It is just a I was struck by the irony of the idea, ered by the rules of this body to resolve meaningless one. In Russia, they have when we are talking about a President those disputes. trial by telephone. They have the same who would make himself a Monarch, When the Chief Justice decides where ostensible rights we do to a trial. They that whoever that was would use the a narrow application of privilege ought hear evidence and witnesses, but before terminology of a penalty that was op- to apply, you will still have the power the verdict is rendered, the judge picks posed by a Monarch—‘‘head on a pike.’’ to overrule him. How often do you get up the telephone and calls the right Just this week America lost a hero, the chance to overrule a Chief Justice person to find out how it is supposed to Thomas Railsback, who passed away on of the Supreme Court? You have to turn out. Trial by telephone. Is that Monday, the day before this trial admit, it is every legislator’s dream. what we have here—a trial by tele- began. Some of you may have known or So let us not be fooled by the argu- phone, someone on the other end of the even served with Congressman Thomas ment that it will take too long or per- phone dictating what this trial should Railsback. He was a Republican from suaded that the trial must be over be- look like? Illinois and the second ranking Mem- fore the State of the Union. This is no The Founders gave us more than ber on the House Judiciary Committee parking ticket we are contesting and words. They gave us inspiration. They when that committee was conducting no shoplifting case we are prosecuting. may have receded into mythology, but its impeachment inquiry into Presi- It is a matter of high crimes and mis- they inspire us still. And more than us, dent Nixon. demeanors. they inspire the rest of the world. They In July of 1974, as the inquiry was How long is too long to have a fair inspire the rest of the world. coming to a close, Congressman Rails- trial—fair to the President and fair to From their prison cells in Turkey, back began meeting with a bipartisan the American people? The American journalists look to us. From their in- group of Members of the House—three people do not agree on much, but they ternment camps in China, they look to other Republicans and three Demo- will not forgive being deprived of the us. From their cells in Egypt, those crats. Here in the Senate they might truth and certainly not because it took who gathered in Tahrir Square for a have called them the Gang of 7. a back seat to expediency. better life look to us. From the Phil- They gathered and they talked and In his pamphlet of 1777, ‘‘The Amer- ippines, those who were the victims they labored over language and ulti- ican Crisis,’’ Thomas Paine wrote: and their families of mass extrajudicial killings, they look to us. From Elgin mately helped develop the bipartisan Those who expect to reap the blessings of support for the articles that led a freedom must . . . undergo the fatigue of prison, they look to us. From all over group of Republican Senators, includ- supporting it. the world, they look to us. Increasingly, they don’t recognize ing Barry Goldwater and Howard Is it too much fatigue to call wit- Baker, to tell President Nixon that he what they see. It is a terrible tragedy nesses and have a fair trial? Are the for them. It is a worse tragedy for us, must resign. blessings of freedom so meager that we Some say that the Nixon impeach- because there is nowhere else for them will not endure the fatigue of a real to turn. They are not going to turn to ment might not have moved forward trial with witnesses and documents? were it not for those four courageous Russia. They are not going to turn to President Lincoln, in his closing mes- China. They are not going to turn to Republicans led by Congressman Rails- sage to Congress in December 1862, said back, and it pained the Congressman Europe with all of its problems. They this: look to us because we are still the in- because he credited Nixon with giving Fellow citizens, we cannot escape history. him his seat and with getting him dispensable Nation. They look to us be- We of this Congress and this administration cause we have a rule of law. They look elected. He did it, he said, because will be remembered in spite of ourselves. No to us because no one is above that law. ‘‘seeing all the evidence, it was some- personal significance, or insignificance, can One of the things that separates us spare one or another of us. The fiery trial thing we had to do because the evi- from those people in Elgin prison is the dence was there.’’ One of his aides, Ray through which we pass, will light us down, in honor or dishonor, to the latest generation. right to a trial. It is a right to a trial. LaHood, eulogized him saying: He felt Americans get a fair trial. an obligation to the Constitution to do I think he was the most interesting So I am asking you. I implore you. what is right. President in history. He may be the Give America a fair trial. Give Amer- Now, soon, Members of this body will most interesting person in our history. ica a fair trial. She is worth it. face the most momentous of deci- This man, who started out dirt poor— The CHIEF JUSTICE. The majority sions—not, as I said at the outset, be- dirt poor. Like hundreds of thousands leader is recognized. of other people at the time, he had tween guilt and innocence, but a far f more foundational issue: Should there nothing—no money and no education. be a fair trial? Shall the House be able He educated himself. He educated him- ADJOURNMENT UNTIL 10 A.M. to present its case with witnesses and self. But he had a brain in that head, a TOMORROW documents through the use of sub- brilliance in that mind that made him Mr. MCCONNELL. Mr. Chief Justice, poenas as has been the case in every one of the most incredible, not just I ask unanimous consent that the trial impeachment trial in history? Presidents, but people in history. adjourn until 10:00 a.m., Saturday, Jan- Now, the President’s lawyers have I think he is the most interesting uary 25, and that this order also con- been making their case outside of this character in our history. Out of the stitute the adjournment of the Senate.

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