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, THURSDAY, JANUARY 23, 2020 No. 14 House of Representatives The House was not in session today. Its next meeting will be held on Friday, January 24, 2020, at 2 p.m. Senate THURSDAY, JANUARY 23, 2020

The Senate met at 1:02 p.m. and was lic for which it stands, one nation under God, OPENING STATEMENT—CONTINUED called to order by the Chief Justice of indivisible, with liberty and justice for all. Mr. Manager SCHIFF. Mr. Chief Jus- the United States. f tice, I thank you, and I thank the Sen- f ators for 2 now very long days. We are TRIAL OF DONALD J. TRUMP, THE JOURNAL greatly appreciative of Chief Justice, PRESIDENT OF THE UNITED The CHIEF JUSTICE. Senators will knowing that, prior to your arrival in STATES please be seated. the Chamber each day, you have a lot If there is no objection, the Journal of work at the Court, necessitating our The CHIEF JUSTICE. The Senate beginning in the afternoon and going will convene as a Court of Impeach- of proceedings of the trial are approved to date. into the evening. ment. I also want to, again, take this op- The Chaplain will offer a prayer. The Sergeant at Arms will make the proclamation. portunity to thank the Senators for f The Sergeant at Arms, Michael C. their long and considerable attention PRAYER Stenger, made proclamation as follows: over the course of the last 2 days. I am not sure the Chief Justice is fully The Chaplain, Dr. Barry C. Black, of- Hear ye! Hear ye! Hear ye! All persons are fered the following prayer: commanded to keep silence, on pain of im- aware of just how rare it is, how ex- Let us pray. prisonment, while the Senate of the United traordinary it is, for the House Mem- Almighty God, our rock of ages, be States is sitting for the trial of the articles bers to be able to command the atten- omnipresent during this impeachment of impeachment exhibited by the House of tion of Senators sitting silently for Representatives against Donald John Trump, hours—or even for minutes, for that trial, providing our Senators with the President of the United States. assuring awareness of Your powerful matter. Of course, it doesn’t hurt that involvement. May they strive to have a The CHIEF JUSTICE. The majority the morning starts out every day with clear conscience in whatever they do leader is recognized. the Sergeant at Arms warning you for You and country. Lord, help them ORDER OF PROCEDURE that, if you don’t, you will be impris- remember that listening is often more Mr. MCCONNELL. Mr. Chief Justice, oned. It is our hope that, when the trial than hearing. It can be an empathetic it is my understanding the schedule concludes and you have heard us and attentiveness that builds bridges and today will be similar to yesterday’s you have heard the President’s counsel unites. May our Senators not permit proceedings. We will plan to take short over a series of long days, that you fatigue or cynicism to jeopardize breaks every 2 or 3 hours and will ac- don’t choose imprisonment instead of friendships that have existed for years. commodate a 30-minute recess for din- anything further. At every decision point throughout ner, assuming that is needed. Two days ago we made the case for this trial, may they ask, which choice The CHIEF JUSTICE. Pursuant to documents and for witnesses in the will bring God the greater glory? the provisions of S. Res. 483, the man- trial. Yesterday we walked through the We pray in Your mighty Name. agers of the House of Representatives chronology, the factual chronology, at Amen. have 16 hours and 42 minutes remain- some length. f ing to make the presentation of their Today we will go through article I, case. the constitutional underpinnings of PLEDGE OF ALLEGIANCE The Senate will now hear you. abuse of power, and apply the facts of The Chief Justice led the Pledge of The Presiding Officer recognizes Mr. the President’s scheme to the law and Allegiance, as follows: Manager SCHIFF to continue the pres- Constitution. Here I must ask you for I pledge allegiance to the Flag of the entation of the case for the House of some forbearance. Of necessity, there United States of America, and to the Repub- Representatives. will be some repetition of information

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

S487

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VerDate Sep 11 2014 23:41 Jan 23, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A23JA6.000 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S488 CONGRESSIONAL RECORD — SENATE January 23, 2020 from yesterday’s chronology, and I used his office to compel a foreign na- urge you, Senators, to listen to it care- want to explain the reason for it. tion to help him cheat in our elections. fully. You will hear accusations and You have now heard hundreds of Prior Presidents would be shocked to name-calling. You will hear complaints hours of deposition and live testimony the core by such conduct, and rightly about the process in the House and the from the House condensed into an ab- so. motives of the managers. You will hear breviated narrative of the facts. We Now, because President Trump has that this all comes down to a phone will now show you these facts and largely failed to convince the country call that was perfect—as if you had not many others and how they are inter- that his conduct was remotely accept- just seen evidence of a months-long, woven. You will see some of these facts able, he has adopted a fallback posi- government-wide effort to extort a for- and videos, therefore, in a new context, tion. He argues that even if we dis- eign government. But you will not hear in a new light: in the light of what else approve of his misconduct, we cannot a refutation of the evidence. You will we know and why it compels a finding remove him for it. Frankly, that argu- not hear testimony to refute the testi- of guilt and conviction. So there is ment is itself terrifying. It confirms mony you have seen. Indeed, if the some method to our madness. that this President sees no limits on President had any exculpatory wit- Tomorrow we will conclude the pres- his power or on his ability to use his nesses—even a single one—he would be entation of the facts and law on article public office for private gain. Of demanding their appearance here, in- I, and we will begin and complete the course, the President also believes that stead of urging you not to permit addi- same on article II, the President’s un- he can use his power to cover up his tional witnesses to testify. constitutional obstruction of Congress. crimes. Let me offer a preview of the path The President’s counsel will then have That leads me to the second article ahead. First, we will examine the law 3 days to make their presentations, and of impeachment, which charges that of impeachable offenses, with a focus then you will have 16 hours to ask the President categorically, indiscrimi- on abuse of power. That will be the questions. Then the trial will begin. nately, and unlawfully obstructed our subject of my presentation. Then, my colleagues will apply the law to the Then you will actually get to hear inquiry, the congressional inquiry, into facts. They will demonstrate that the from the witnesses yourself, and then his conduct. This Presidential President has unquestionably com- you will get to see the documents your- stonewalling of Congress is unprece- mitted the high crimes and mis- self—or so we hope, and so do the dented in the 238-year history of our constitutional Republic. It puts even demeanors outlined in the first Article American people. After their testimony of Impeachment. and after we have had closing argu- President Nixon to shame. Taken together, the articles and the Once those presentations are con- ments, then it will be in your hands. cluded, we will take the same approach So let’s begin today’s presentation. I evidence conclusively establish that President Trump has placed his own to demonstrating President Trump’s yield to House Manager NADLER. personal political interests first. He obstruction of Congress—the second Mr. Manager NADLER. Good morn- Article of Impeachment. We will begin ing, Mr. Chief Justice, Senators, my has placed them above our national se- curity, above our free and fair elec- by stating the law. Then we will review fellow House managers, and counsel for the facts, and then we will apply the the President. This is the third day of tions, and above our system of checks and balances. This conduct is not law to the facts, proving that President a solemn occasion for the American Trump is guilty of the second Article people. America first; it is Donald Trump first. Donald Trump swore an oath to faith- of Impeachment as well. The Articles of Impeachment against With that roadmap to guide us, I will fully execute the laws. That means President Trump rank among the most begin by walking through the law of putting the Nation’s interests above serious charges ever brought against a abuse of power. Here, I will start by de- his own. The President has repeatedly, President. As our recital of the facts fining the phrase in the Constitution flagrantly, violated his oath. indicated, the articles are overwhelm- ‘‘high Crimes and Misdemeanors.’’ (Text of Videotape presentation:) ingly supported by the evidence When the Framers selected this term, amassed by the House, notwith- Mr. GERHARDT. I just want to stress that they meant it to capture, as George if this—if what we’re talking about is not standing the President’s complete impeachable, then nothing is impeachable. Mason put it, all manner of ‘‘great and stonewalling, his attempt to block all This is precisely the misconduct that the dangerous offenses’’ against the Na- witnesses and all documents from the Framers created a constitution, including tion. In contemporary terms, the U.S. Congress. impeachment, to protect against. Framers had three specific offenses in The first Article of Impeachment Mr. Manager NADLER. All of the mind: abuse of power, betrayal of the charges the President with abuse of legal experts who testified before the Nation through foreign entanglements, power. President Trump used the pow- House Judiciary Committee—those in- and corruption of elections. ers of his office to solicit a foreign na- vited by the Democrats and those in- You can think of these as the ABCs tion to interfere in our elections for his vited by the Republicans—all agreed of high crimes and misdemeanors: own personal benefit. that the conduct we have charged con- abuse, betrayal, and corruption. The Framers believed that any one of these Note that the active solicitation stitutes high crimes and mis- offenses, standing alone, justified re- itself—just the ask—constitutes an demeanors. abuse of power, but President Trump Professor Michael Gerhardt, the au- moval from office. Professor Noah Feldman of Harvard went further. In order to secure his thor of six books and the only joint Law School explained this well before favor from Ukraine, he withheld two witness when the House considered the House Judiciary Committee. Here official acts of immense value. First, President Clinton’s case, put it simply: is his explanation of why the Framers he withheld the release of $391 million ‘‘If what we are talking about is not in vital military assistance appro- created the impeachment power. impeachable, then nothing is impeach- (Text of Videotape presentation:) priated by Congress on a bipartisan able.’’ basis, which Ukraine needed to fight Professor FELDMAN. The Framers pro- Professor Jonathan Turley, called by vided for the impeachment of the President Russian aggression. Second, President the Republicans as a witness, agreed because they feared that the President might Trump withheld a long-sought-after that the articles charge an offense that abuse the power of his office for personal White House meeting which would con- is impeachable. In his written testi- benefit, to corrupt the electoral process and firm to the world that America stands mony, he stated: ‘‘The use of military ensure his reelection, or to subvert the na- behind Ukraine in its ongoing struggle. aid for a quid pro quo to investigate tional security of the United States. The President’s conduct is wrong. It one’s political opponent, if proven, can Mr. Manager NADLER. That is the is illegal. It is dangerous. It captures be an impeachable offense.’’ standard as described by Professor the worst fears of our Founders and the Thus far, we have presented the core Feldman. All three appear at once— Framers of the Constitution. factual narrative. None of that record abuse, betrayal, and corruption. That Since President George Washington can be seriously disputed, and none of is where we have the strongest possible took office in 1789, no President has it will be disputed. case for removing a President from of- abused his power in this way. Let me We can predict what the President’s fice. Later on, we will apply this rule say that again. No President has ever lawyers will say in the next few days. I to the facts.

VerDate Sep 11 2014 04:24 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.002 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S489 Abuse: We will show that President the President would put the American manner of ‘‘great and dangerous of- Trump abused his power when he used people first, not himself. fenses’’ incompatible with the Con- his office to solicit and pressure A few Framers would have stopped stitution. This standard, borrowed Ukraine to meddle in our elections for there. This minority feared vesting any from the British Parliament, was ‘‘high his personal gain. branch of government with the power Crimes and Misdemeanors.’’ Betrayal: We will show that he be- to remove a President from office. In England, the standard was under- trayed vital national interests—specifi- They would have relied on elections stood to capture offenses against the cally, our national security—by with- alone to address rogue Presidents. But constitutional system itself. That is holding diplomatic support and mili- that view was decisively rejected at the confirmed by the use of the word tary aid from Ukraine, even as it faced Constitutional Convention. ‘‘high,’’ as well as by parliamentary armed Russian aggression. Convening in the shadow of rebellion practice. Corruption: President Trump’s intent and revolution, the Framers would not From 1376 to 1787, the House of Com- was to corrupt our elections to his per- deny the Nation an escape from Presi- mons impeached officials on a few gen- sonal, political benefit. He put his per- dents who deemed themselves above eral grounds—mainly consisting of sonal interest in retaining power above the law. Instead, they adopted the abuse of power, betrayal of national se- free and fair elections—and above the power of impeachment. In so doing, curity and foreign policy, corruption, principle that Americans must govern they offered a clear answer to George treason, bribery, and disregarding the themselves, without interference from Mason’s question: ‘‘Shall any man be powers of Parliament. abroad. above justice?’’ As Mason himself ex- The phrase ‘‘high Crimes and Mis- Article I thus charges a high crime plained, ‘‘some mode of displacing an demeanors’’ thus covered offenses and misdemeanor that blends abuse of unfit magistrate is rendered indispen- against the Nation itself—in other power, betrayal of the Nation, and cor- sable by the fallibility of those who words, crimes against the British Con- ruption in elections into a single unfor- choose, as well as by the corrupt abil- stitution. givable scheme. That is why this Presi- ity of the man chosen.’’ As scholars were shown, the same un- dent must be removed from office, es- Unlike in Britain, the President derstanding prevailed on this side of pecially before he continues his effort would answer personally—to Congress the Atlantic. In the colonial period and to corrupt our next election. and thus to the Nation—for any serious under newly ratified State constitu- The charges set forth in the first Ar- wrongdoing. But this decision raised a tions, most impeachments targeted ticle of Impeachment are firmly question: What conduct would justify abuse of power, betrayal of the revolu- grounded in the Constitution of the impeachment and removal? tionary cause, corruption, treason, and United States. Simply stated, impeach- As careful students of history, the bribery. These experiences were well- ment is the Constitution’s final answer Framers knew that threats to democ- known to the Framers of the Constitu- to a President who mistakes himself racy can take many forms. They feared tion. for a King. would-be monarchs but also warned History thus teaches that ‘‘high The Framers had risked their free- against fake populists, charismatic Crimes and Misdemeanors’’ referred dom, and their lives, to escape mon- demagogues, and corrupt mainly to acts committed by officials archy. Together, they resolved to build ‘‘kleptocrats.’’ using their power or privileges, that in- a nation committed to democracy and In describing the kind of leader who flicted grave harm on society. Such the rule of law—a beacon to the world might menace the Nation, Alexander great and dangerous offenses included at an age of aristocracy. In the United Hamilton offered an especially striking treason, bribery, abuse of power, be- States of America, ‘‘We the people’’ portrait. Mr. SCHIFF read this portrait trayal of the Nation, and corruption of would be sovereign. We would choose in his introductory remarks and it office. And they were unified by a clear our leaders and hold them accountable bears repetition. theme. for how they exercised power on our be- When a man unprincipled in private life, Officials who abused, abandoned, or half. desperate in his fortune, bold in his temper sought to benefit personally from their In writing our Constitution, the . . . known to have scoffed in private at the public trust—and who threatened the Framers recognized that we needed a principles of liberty—when such a man is rule of law if left in power—faced im- Chief Executive who could lead the Na- seen to mount the hobby horse of popu- peachment and removal. Abuse, be- tion with efficiency, energy, and dis- larity—to join in the cry of danger to lib- erty—to take every opportunity of embar- trayal, corruption—this is exactly the patch. So they created a powerful Pres- rassing the General Government & bringing understanding that the Framers incor- idency and vested it with immense pub- it under suspicion—to flatter and fall in with porated into the Constitution. lic trust. But this solution created a all the non sense of the zealots of the day— As Supreme Court Justice Robert different problem. It may justly be suspected that his object is Jackson wisely observed, ‘‘the purpose The Framers were not naive. They to throw things into confusion that he may of the Constitution was not only to knew that power corrupts. They knew ride the storm and direct the whirlwind. grant power, but to keep it from get- that Republics cannot flourish—and Hamilton was a wise man. He foresaw ting out of hand.’’ that people cannot live free—under a dangers far ahead of his time. Given Nowhere is that truer than in Presi- corrupt leader. They foresaw that a the many threats they had to antici- dency. As the Framers created a formi- President faithful only to himself pate, the Framers considered ex- dable Chief Executive, they made clear would endanger every American. So tremely broad grounds for removing that impeachment is justified for seri- the Framers built guardrails to ensure Presidents. For example, they debated ous abuse of power. that the American people would re- setting the bar at maladministration, James Madison stated that impeach- main free and to ensure that out-of- to allow removal for run-of-the-mill ment is necessary because the Presi- control Presidents would not destroy policy disagreements between Congress dent ‘‘might pervert his administration everything they sought to build. and the President. into a scheme of . . . oppression.’’ They imposed elections every 4 years They also considered very narrow Hamilton set the standard for re- to ensure accountability. They banned grounds, strictly limiting impeach- moval at an ‘‘abuse or violation of the President from profiting off his of- ment to treason and bribery. Ulti- some public trust.’’ fice. They divided the powers of the mately, they struck a balance. And in Massachusetts, Rev. Samuel Federal Government across three They did not want Presidents re- Stillman asked: ‘‘With such a prospect branches. They required the President moved for ordinary political or policy [of impeachment], will dare to abuse to swear an oath to faithfully execute disagreements, but they intended im- the powers vested in him by the peo- the laws. peachments to reach the full spectrum ple?’’ To the Framers, the concept of faith- of Presidential misconduct that might Time and again, Americans who ful execution was profoundly impor- threaten the Constitution, and they in- wrote and ratified the Constitution tant. It prohibited the President from tended our Constitution to endure for confirmed that Presidents may be im- exercising power in bad faith or with the ages. They adopted a standard that peached for abusing the power en- corrupt intent, and thus ensured that meant, as Mason put it, to capture all trusted to them.

VerDate Sep 11 2014 04:24 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.003 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S490 CONGRESSIONAL RECORD — SENATE January 23, 2020 To the Framers’ generation, more- with obstruction of Congress based on with a ‘‘disloyal mind,’’ according to over, abuse of power was a well-under- his meritless assertion of executive the Supreme Court. And it is well es- stood offense. It took two basic forms. privilege to cover up key White House tablished that the elements of bribery The first occurred when someone exer- tape recordings. include corrupt motives. cised power in ways far beyond what We will have more to say about the In sum, to the Framers, it was dan- the law allowed—or in ways that de- obstruction charge in a moment. gerous for officials to exceed their con- stroyed checks on their own authority. But the Nixon case also exemplifies stitutional power. But it was equally The second occurred when an official the second way a President can abuse dangerous—perhaps more so—for offi- exercised power to obtain an improper his power. President Nixon faced two cials to use their power with corrupt, personal benefit, while ignoring or in- more Articles of Impeachment. Both of nefarious motives, thus perverting pub- juring the national interest. In other these articles charged him with abus- lic trust for private gain. words, the President may commit an ing the powers of his office with cor- Abuse of power is clearly an impeach- impeachable abuse of power in two dif- rupt intent. One focused on his abuse of able offense under the Constitution. To ferent ways: by engaging in clearly for- power to obstruct law enforcement. be honest, this should not be a con- bidden acts or by taking actions that The other targeted his abuse of power troversial statement. I find it amazing are allowed but for reasons that are to target political opponents. Each ar- that the President rejects it. Yet he not allowed—for instance, to obtain ticle enumerated specific abuses by does. He insists there is no such thing corrupt, private benefits. President Nixon, many of which in- as impeachable abuse of power. This Let me unpack that idea, starting volved the wrongful, corrupt exercise position is dead wrong. All prior im- with the first category: conduct clearly of Presidential power and many of peachments considered of high office inconsistent with the law, including which were likely not statutory have always included abuse of power. the law of checks and balances. The crimes. All of the experts who testified before generation that rebelled against In explaining its second article, the the House Judiciary Committee, in- George III knew what absolute power House Judiciary Committee stated cluding those called by the Repub- looked like. It was no abstraction to that President Nixon’s conduct was licans, agreed that abuse of power is a them. They had a different idea in ‘‘undertaken for his personal political high crime and misdemeanor. mind when they organized our govern- advantage and not in furtherance of Here is testimony from Professor ment. Most significantly, they placed any valid national policy objective.’’ Pam Karlan of Stanford Law School, the President under the law, not above That should sound familiar to every- joined by Professor Gerhardt. it. That means the President may exer- one here. It reflects the standard I have (Text of Videotape presentation:) cise only the powers vested in him by already articulated: the exercise of of- Mr. EISEN. Professor Karlan, do scholars the Constitution. He must also respect ficial power to corruptly obtain a per- of impeachment generally agree that abuse the legal limits on the exercise of those sonal benefit while ignoring or injuring of power is an impeachable offense? the national interest. Ms. KARLAN. Yes, they do. powers. Mr. EISEN. Professor Gerhardt, do you A President who egregiously refuses To be sure, all Presidents account to agree that abuse of power is impeachable? to follow these restrictions, by engag- some extent for how their decisions in Mr. GERHARDT. Yes, sir. ing in wrongful conduct, may be sub- office may affect their political pros- Mr. Manager NADLER. Professor jected to impeachment for abuse of pects. The Constitution does not forbid Turley, who testified at the Republican power. Two American impeachment in- that. Elected officials can and should invitation, echoed that view. In fact, quiries have involved claims that a care about how voters will react to he not only agreed, but he ‘‘stressed’’ President grossly violated the Con- their decisions. They will often care that ‘‘it is possible to establish a case stitution’s separation of powers. about whether their decisions make it for impeachment based on a non-crimi- The first was in 1868, when the House more likely that they will be reelected. nal allegation of abuse of power.’’ impeached President Andrew Johnson, But there is a difference—a difference Professor Turley is hardly the only who had succeeded Abraham Lincoln that matters—between political cal- legal expert to take that view. Another after his assassination at Ford’s The- culus and outright corruption. who comes to mind is Professor Allen atre. Some uses of Presidential power are Dershowitz—at least Alan Dershowitz In firing the Secretary of War, Presi- so outrageous, so obviously improper, in 1998. Back then, here is what he had dent Johnson allegedly violated the that if they are undertaken for a Presi- to say about impeachment for abuse of Tenure of Office Act, which restricted dent’s own personal gain, with injury power. the President’s power to remove Cabi- or indifference to core national inter- (Text of Videotape presentation:) net members during the term of the ests, then they are obviously high Mr. DERSHOWITZ. It certainly doesn’t President who had appointed them. crimes and misdemeanors. Otherwise, have to be a crime. If you have somebody The House of Representatives ap- even the most egregious wrongdoing who completely corrupts the office of Presi- proved articles charging it with con- could be justified as disagreement over dent and who abuses trust and poses great duct forbidden by law. That is an ac- policy or politics, and corruption that danger to our liberty, you don’t need a tech- tion that is an abuse of power on its would have shocked the Framers—that nical crime. face. Ultimately, the Senate acquitted they expressly sought to prohibit— Mr. Manager NADLER. But we need President Johnson by one vote. This would overcome the protections they not look to 1998 to find one of Presi- was partly because there was a strong established for our benefit. dent Trump’s key allies espousing this argument that the Tenure of Office There should be nothing surprising view. Consider the comments of our Act, which President Johnson was about impeaching a President for using current Attorney General, William charged with violating, was itself un- his power with corrupt motives. The Barr, a man known for his extraor- constitutional—a position the Supreme House and Senate have confirmed this dinarily expansive view of Executive Court later accepted. Of course, histo- point in prior impeachments. More im- power. In Attorney General Barr’s rians have also noted that a key Sen- portant, the Constitution itself says view, as expressed about 18 months ator appears to have changed his vote that we can do so. ago, Presidents cannot be indicted or at the last minute in exchange for To start, the Constitution requires criminally investigated—but that’s OK promises of special treatment by Presi- that the President ‘‘faithfully execute’’ because they can be impeached. That’s dent Johnson. So perhaps that acquit- the law. A President who acts with cor- the safeguard. And in an impeachment, tal means a little less than meets the rupt motives, putting himself above Attorney General added, the President eye. country, has acted faithlessly, not is ‘‘answerable for any abuses of discre- In any event, just over 100 years faithfully executing the law. tion’’ and may be held ‘‘accountable later, the House Judiciary Committee Moreover, the two impeachable of- under law for his misdeeds in office.’’ accused the second Chief Executive of fenses that the Constitution enumer- In other words, Attorney General abusing his power in a manner egre- ates—Treason and Bribery—each re- Barr believes, along with the Office of giously inconsistent with the law. The quire proof of the President’s mental Legal Counsel, that a President may committee charged President Nixon state. For treason, he must have acted not be indicted. He believes that is OK.

VerDate Sep 11 2014 23:41 Jan 23, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.004 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S491 We don’t need that safeguard against a But they were explicit that betrayal of Indeed, no fewer than four delegates President who would commit abuses of the Nation through plots with foreign to the Constitutional Convention— power. It is OK because he can be im- powers must result in removal from of- Madison, plus Morris, Mason, and Ran- peached. That is the safeguard for fice. And no such betrayal scared them dolph—listed corruption as a central abuses of discretion and for his mis- more than foreign interference in our reason why Presidents must be subject deeds in office. democracy. to impeachment and removal from of- More recently, a group of the Na- In his Farewell Address, George fice. Impeachment was seen as espe- tion’s leading constitutional scholars— Washington warned Americans ‘‘to be cially necessary for Presidential con- ranging across the ideological spec- constantly awake, since history and duct corrupting our system of political trum from Harvard Law Professor experience prove that foreign influence self-government. The Framers foresaw Larry Tribe to former Ronald Reagan is one of the most baneful foes of re- and feared that a President might Solicitor General Charles Fried—issued publican government.’’ someday place his personal interest in a statement affirming that ‘‘abuse of And in a letter to Thomas Jefferson, reelection above our abiding commit- power counts as an instance of im- John Adams wrote: ment to democracy. Such a President, peachable high crimes and mis- You are apprehensive of foreign Inter- in their view, would need to be re- demeanors under the Constitution.’’ ference, Intrigue, Influence.—So am I.—But, moved from office. They added: ‘‘That was clearly the as often as Elections happen, the danger of foreign Influence recurs. Professor Feldman made this point in view of the Constitution’s framers.’’ his testimony before the House Judici- The Framers never suggested that I could go on, but you get the point. ary Committee: the President’s role in foreign affairs Everyone, except President Trump and (Text of Videotape presentation:) his lawyers, agrees that Presidents can should prevent Congress from impeach- ing him for treachery in his dealings. Mr. FELDMAN. The Framers reserved im- be impeached for abuse of power. The peachment for situations where the Presi- President’s position amounts to noth- Case in point: they wrote a Constitu- dent abused his office, that is, used it for his ing but self-serving constitutional non- tion that gives Congress extensive re- personal advantage. And, in particular, they sense. And it is dangerous nonsense at sponsibility over foreign affairs—Con- were specifically worried about a situation that. A President who sees no limit on gress—including the power to declare where the President used his office to facili- tate corruptly his own reelection. That’s, in his power manifestly threatens the Re- war, regulate foreign commerce, estab- lish a uniform rule of naturalization, fact, why they thought they needed impeach- public. and define offenses against the law of ment and why waiting for the next election The Constitution always matches wasn’t good enough. power with constraint. That is true nations. Contrary to the claims you heard the Professor Feldman’s testimony is even of powers vested in the Chief Ex- other day—that the President has ple- grounded in the records of the Con- ecutive. Nobody is entitled to wield nary authority in foreign affairs and stitutional Convention. power under the Constitution if they there is nothing Congress can do about There, William Davie warned that a ignore or betray the Nation’s interests it—the Supreme Court has stated that President who abused his office might to advance their own. President Nixon constitutional authority over the ‘‘con- spare no efforts or means whatever to was wrong in asserting that ‘‘when the duct of the foreign relations of our get himself reelected and, thus, to es- President does it, that means it is not Government’’ is shared between ‘‘the cape justice. illegal.’’ And President Trump was Executive and Legislative [branches].’’ George Mason built on Davie’s posi- equally wrong when he declared that Or to quote another Supreme Court tion, asking: ‘‘Shall the man who has he had ‘‘the right to do whatever I case: ‘‘The Executive is not free from practiced corruption, and by that want as president.’’ the ordinary controls and checks of means procured his appointment to the Under the Constitution, he is subject Congress merely because foreign affairs first instance, be suffered to escape to impeachment and removal for abuse are at issue.’’ punishment by repeating his guilt?’’ of power. And as we will prove, that is In these realms, Justice Jackson Mason’s concern was straightforward. exactly what must happen here. wrote, the Constitution ‘‘enjoins upon He feared that Presidents would win Of course, President Trump’s abuse its branches separateness but inter- election by improperly influencing of power—as charged in the first Arti- dependence, autonomy but reci- members of the electoral college. cle of Impeachment and supported by a procity.’’ Gouverneur Morris later echoed this mountain of evidence—is aggravated Where the President betrays our na- point, urging that the Executive ought by another concern at the heart of the tional security and foreign policy in- therefore to be impeachable for cor- Constitution’s impeachment clause. terests for his own personal gain, he is rupting his electors. Betrayal. The Founders of our coun- unquestionably subject to impeach- Taken together, these debates dem- try were not fearful men. When they ment and removal. The same is true of onstrate an essential point: The Fram- wrote our Constitution, they had only a different concern raised by the Fram- ers knew that a President who abused recently won a bloody war for inde- ers: the use of Presidential power to power to manipulate elections pre- pendence. But as they looked outward corrupt the elections and the Office of sented the greatest possible threat to from their new Nation, they saw Kings the Presidency. the Constitution. After all, the beating scheming for power, promising fabu- The Framers were no strangers to heart of the Framers’ project was a lous wealth to spies and deserters. The corruption. They understood that cor- commitment to popular sovereignty. United States could be enmeshed in ruption had broken Rome, debased At a time when democratic self-gov- such conspiracies. ‘‘Foreign powers,’’ Britain, and threatened America. They ernment existed almost nowhere on warned Elbridge Gerry, ‘‘will inter- saw no shortage of threats to the Re- Earth, the Framers imagined a society meddle in our affairs, and spare no ex- public and fought valiantly to guard where power flowed from and returned pense to influence them.’’ against them. But as one scholar to the people. That is why the Presi- The young Republic might not sur- writes, ‘‘the big fear underlying all the dent and Members of Congress must vive a President who schemed with small fears was whether they’d be able stand before the public for reelection other nations, entangling himself in se- to control corruption.’’ on fixed terms, and if the President cret deals that harmed our democracy. So the Framers attempted to build a abuses his power to corrupt those elec- That reality loomed over the impeach- government in which officials would tions, he threatens the entire system. ment debate in Philadelphia. not use public power for personal bene- As Professor Karlan explained in her Explaining why the Constitution re- fits, disregarding the public good in testimony: quired an impeachment option, Madi- pursuit of their own advancement. (Text of Videotape presentation:) son argued that a President ‘‘might be- This principle applied with special tray his trust to foreign powers.’’ To be force to the Presidency. As Madison Professor KARLAN. [D]rawing a foreign government into our elections is an espe- sure, the Framers did not intend im- emphasized, because the Presidency cially serious abuse of power because it un- peachment for genuine, good faith dis- ‘‘was to be administered by a single dermines democracy itself. Our Constitution agreements between the President and man,’’ his corruption ‘‘might be fatal begins with the words ‘‘We the people’’ for a Congress over matters of diplomacy. to the Republic.’’ reason. Our government, in James Madison’s

VerDate Sep 11 2014 23:41 Jan 23, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.006 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S492 CONGRESSIONAL RECORD — SENATE January 23, 2020 words, derives all its powers directly or indi- is constitutionally shortsighted.’’ He George Mason expressed concern that rectly from the great body of the people, and added: ‘‘If successful, it would also the President might abuse the pardon the way it derives these powers is through come at a considerable cost for the power to ‘‘screen from punishment elections. Elections matter, both to the le- Constitution.’’ Although I disagree those whom he had secretly instigated gitimacy of our government and to all of our individual freedoms, because, as the Su- with Professor Turley on many, many to commit the crime, and thereby pre- preme Court declared more than a century issues, here, he is clearly right. vent a discovery of his own guilt.’’ ago, voting is preservative of all rights. I might say the same thing of then- Sound familiar? Mr. Manager NADLER. Professor House Manager LINDSEY GRAHAM, who, James Madison responded directly to Karlan is right—elections matter. They in President Clinton’s trial, flatly re- Mason’s concern because Mason’s con- make our government legitimate, and jected the notion that impeachable of- cern was that the pardon power might they protect our freedom. A President fenses are limited to violations of es- be too broad and the President might who abuses his power in order to knee- tablished law. misuse his broad pardon power to par- cap political opponents and spread Rus- This is what he said: don his own coconspirators and prevent (Text of Videotape presentation:) sian conspiracy theories—a President a discovery of his own guilt. who uses his office to ask for or, even Mr. GRAHAM. What is a high crime? How Madison responded: about if an important person hurts somebody If the President be connected, in any sus- worse, to compel foreign nations to of low means? It is not very scholarly, but I meddle in our elections—is a President picious manner, with any person, and there think it’s the truth. I think that’s what they be grounds to believe he will shelter him, the who attacks the very foundations of meant by high crimes. It doesn’t have to be House of Representatives can impeach him; our liberty. That is a grave abuse of a crime. It is just—when you start using they can remove him if found guilty. your office and you’re acting in a way that power. It is an unprecedented betrayal At the North Carolina ratifying con- of the national interest. It is a shock- hurts people, you have committed a high crime. vention, James Iredell, who would go ing corruption of the election process, on to serve on the Supreme Court, re- Mr. Manager NADLER. There are and it is without a doubt a crime sponded to the same concern. He as- many reasons why high crimes and against the Constitution, warranting, sured delegates that if the President misdemeanors are not and cannot be demanding his removal from office. abused his power with ‘‘some corrupt limited to violations of the Criminal The Framers expected that free elec- motive or other,’’ he would be ‘‘liable Code. We address them at length in the tions would be the usual means of pro- for impeachment.’’ briefs we have filed and in the report of tecting our freedoms, but they knew In the early 1800s, this understanding the House Judiciary Committee re- that a President who sought foreign as- was echoed by Supreme Court Justice specting these Articles of Impeach- sistance in his campaign must be re- Story, who wrote a famous treatise on ment, but I would like to highlight a moved from office before he could steal the Constitution. There, he rejected few especially important consider- the next election. the equation of crimes and impeach- ations. I will tick through them quick- In a last-ditch legal defense of their able offenses, which, he stated, ‘‘must ly. client, the President’s lawyers argue be examined upon very broad and com- First, there is the matter of the his- that impeachment and removal are prehensive principles of public policy torical record. The Framers could not subject to statutory crimes or to of- and duty.’’ have meant to limit impeachment to fenses against established law, that the Later in American history, Chief Jus- statutory crimes. Presidents are to be President cannot be impeached because tice and former President William impeached and removed from office for he has not committed a crime. This Howard Taft, as well as Chief Justice ‘‘treason, bribery, and other high view is completely wrong. It has no Charles Evans Hughes, publicly stated Crimes and Misdemeanors,’’ but brib- support in constitutional text and that impeachable offenses are not lim- ery was not made a statutory crime structure, original meaning, congres- ited to crimes but, instead, capture a until 1837. sional precedents, common sense, or broader range of misconduct. Indeed, Second, the President’s position is the consensus of credible experts. In under Chief Justice Taft, the Supreme contradicted by the Constitution’s other words, it conflicts with every rel- Court unanimously observed that text. The Framers repeatedly referred evant consideration. abuse of the President’s pardon power to ‘‘crimes,’’ ‘‘offenses,’’ and ‘‘punish- Professor Gerhardt succinctly cap- to frustrate the enforcement of court ment’’ elsewhere in the Constitution, tured the consensus view in his testi- orders ‘‘would suggest resort to im- but here they refer to ‘‘high Crimes.’’ mony. peachment.’’ Now, notice, pardon That matters. It matters because the (Text of Videotape presentation:) power is unlimited. What they are say- phrase ‘‘high Crimes’’ refers to offenses COUNSEL. Now, Professor Gerhardt, does ing here is the abuse of the pardon against the State rather than to work- a high crime and misdemeanor require an ac- power. Abuse of the pardon power for a tual statutory crime? aday crimes, and it matters because corrupt motive is impeachable. Mr. GERHARDT. No. It plainly does not. the phrase ‘‘high crimes and mis- If all of that authority is not enough Everything we know about the history of im- demeanors’’ had a rich history in Eng- to convince you, there is more. peachment reinforces the conclusion that land, where it had been applied in Historians have shown that Amer- impeachable offenses do not have to be many, many cases that did not involve crimes. And, again, not all crimes are im- ican colonists before the Revolution crimes under British law. When the peachable offenses. We look, again, at the and American States after the Revolu- Framers added ‘‘high Crimes’’ here but context of the gravity of the misconduct. tion but before 1787 all impeached offi- nowhere else in the Constitution, they Mr. Manager NADLER. This position cials for noncriminal conduct. Over the made a deliberate choice. Any doubt in was echoed by the Republicans’ expert past two centuries, moreover, a strong that score is dispelled by the Framers’ witness, Professor Turley, in his writ- majority of the impeachments voted by own statements. ten testimony. the House have included one or more In Federalist No. 65, Alexander Ham- There, he stated: ‘‘It is possible to es- allegations that did not charge a viola- ilton explained that impeachable of- tablish a case for impeachment based tion of criminal law. Indeed, the Sen- fenses are defined fundamentally by on a non-criminal allegation of abuse ate has convicted and removed mul- ‘‘the abuse or violation of some public of power.’’ tiple judges on noncriminal grounds. trust.’’ He also stated: ‘‘It is clear that high Judge Archbald was removed in 1912 A few years later, James Wilson, a Crimes and Misdemeanors can encom- for noncriminal speculation in coal Constitutional Convention delegate, pass non-criminal conduct.’’ properties. agreed with Hamilton. More recently, Professor Turley— Judge Ritter was removed in 1936 for Wilson stated: again, the Republican witness at our the noncriminal offense of bringing his hearing—wrote an opinion piece in the Impeachments, and offences and offenders court ‘‘into scandal and disrepute.’’ impeachable, come not . . . within the Washington Post entitled ‘‘Where the sphere of ordinary jurisprudence. They are During Judge Ritter’s case, one of my Trump defense goes too far.’’ In this founded on different principles, governed by predecessors as chairman of the House piece, he stated that the President’s ar- different maxims, and are directed to dif- Judiciary Committee stated expressly: gument ‘‘is as politically unwise as it ferent objects. ‘‘We do not assume the responsibility

VerDate Sep 11 2014 23:41 Jan 23, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.008 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S493 . . . of proving that the respondent is be ‘‘almost absurd’’ to attempt a com- act as if they are above the law, at guilty of a crime as that term is known prehensive list. Presidents who believe their own inter- in criminal jurisprudence.’’ What is The Constitution is not a suicide ests are more important than those of true for judges is also true for Presi- pact. It does not leave us stuck with the Nation, and, thus, at Presidents dents, at least on this point. Presidents who abuse their power in who ignore right and wrong in pursuit The House Judiciary Committee ap- unforeseen ways that threaten our se- of their own gain. proved three Articles of Impeachment curity and democracy. Abuse, betrayal, corruption. Here are against President Nixon. Each of them Until recently it did not occur to me each of core offenses that the Framers encompassed many acts that did not that our President would call a foreign feared most: The President’s abuse of violate Federal law. One of the arti- leader and demand a sham investiga- power, his betrayal of the national in- cles—obstruction of Congress—involved tion meant to kneecap his political op- terest, and his corruption of our elec- no allegations of any legal violation. ponents, all in exchange for releasing tions plainly qualify as great and dan- It is worth reflecting on why Presi- vital military aid that the President gerous offenses. dent Nixon was forced to resign. Most was already required by law to provide. President Trump has made clear in Americans are familiar with the story. No one anticipated that a President word and deed that he will persist in The House Judiciary Committee ap- would stoop to this misconduct, and such conduct if he is not removed from proved Articles of Impeachment in Congress has passed no specific law to power. He poses a continuing threat to July 1974. Those articles passed with make this behavior a crime. our Nation, to the integrity of our elec- bipartisan support, although most Re- Yet this is precisely the kind of tions, and to our Democratic order. He publicans stood by President Nixon. abuse that the Framers had in mind must not remain in power one moment Then the smoking gun tape came when they wrote the impeachment longer. out. Within a week, almost everyone clause and when they charged Congress Ms. Manager GARCIA of Texas. Mr. who supported the President the week with determining when the President’s Chief Justice, Senators, President’s before changed his position, and the conduct was so clearly wrong, so defi- counsel, we will now walk through the President was forced to resign because nitely beyond the pale, so threatening President’s abuse of power, the corrupt of what was revealed on the smoking to the constitutional order as to re- object of his scheme, his three official gun tape. Within a week, Senator Gold- quire his removal, and that is why we acts carrying out his scheme, his at- water and others from the Senate went are here today. tempted coverup and exposure, and the to the President and said: You won’t You must judge for yourselves harm to our Nation and continuing have a single vote in the Senate. You whether justice will be had for Presi- threat caused by his misconduct. must resign, or you will be removed dent Trump’s crimes against our free- Let’s start first with the object of from office because of the evidence on dom and the Constitution. the President’s scheme. the smoking gun tape. I will conclude by highlighting a few Senators, we have today provided But what was on the smoking gun points that merit special emphasis, as handouts that you can follow along in tape? The smoking gun tape had re- you apply the law of impeachment to our slides. cordings of President Nixon’s instruct- President Trump’s misconduct. So as this first slide indicates, in this ing White House officials to pressure First, impeachment is not for petty portion of our presentation, we will the CIA and the FBI to end the Water- offenses. The President’s conduct must discuss the evidence that shows over- gate investigation. No law explicitly constitute, as Mason put it, a great and whelmingly that President Trump di- prohibited that conversation—it was dangerous offense against the Nation— rected this scheme with corrupt intent, not, in that sense, a crime—but Presi- offenses that threaten the Constitu- with one corrupt objective: to obtain dent Nixon had abused his power. He tion. foreign assistance in his reelection bid had tried to use two government agen- Second, impeachable offenses involve in the 2020 United States Presidential cies—the FBI and the CIA—for his per- wrongdoing that reveal the President election. sonal benefit. His impeachment and re- as a continuing threat if he is allowed We will walk through first how the moval were certain, and he announced to remain in office. In other words, we President wanted Ukraine to help in his resignation within days. fully recognize that impeachment does his reelection campaign. He wanted Decades later, in President Clinton’s not exist for a mistake. It does not Ukraine to publicly announce two in- case, the Judiciary Committee’s report apply to acts that are merely unwise or vestigations: one into his political on the Articles of Impeachment stated: unpopular. Impeachment is reserved rival Joe Biden and the second into the ‘‘The actions of President Clinton do for deliberate decisions by the Presi- debunked conspiracy theory relating to not have to rise to the level of vio- dent to embark on a course of conduct Ukraine interference in the 2016 elec- lating the federal statute regarding ob- that betrays his oath of office and does tion. President Trump himself later struction of justice in order to justify violence to the Constitution. confirmed this intent in public state- impeachment.’’ When the President has engaged in ments. There is, thus, overwhelming author- such conduct, and when there is strong We will then explain how we know ity against restricting impeachments evidence that he will do so again— these investigations were solely for to violations of established or statu- when he has told us he will do so again, President Trump’s personal, political tory law. Every relevant principle of when he has told us that it is OK to in- gain. constitutional law compels that result. vite interference from a foreign power First, President Trump made clear he So does common sense. into our next election—the case for re- cared only about the announcement— Impeachment is not a punishment for moval is at its peak. the announcement of the investiga- crimes. Impeachment exists to address This is certainly the case when he in- tions, not the actual investigations. threats to the political system, applies vites, indeed, attempts to compel a for- Second, President Trump similarly only to political officials, and responds eign government to help him subvert made clear he cared only about the not by imprisonment or fines but only the integrity of our next election. ‘‘big stuff.’’ The ‘‘big stuff’’ meaning by stripping political power. There can be no greater threat to the his political investigations. It would make no sense to say that a Republic. Third, he used his personal attorney, President who engages in horrific Finally, high crimes and mis- Mr. Giuliani, who repeatedly told us he abuses must be allowed to remain in of- demeanors involve conduct that is rec- was pursuing the investigations in his fice unless Congress had anticipated ognizably wrong to a reasonable, hon- capacity as the President’s personal his or her specific conduct in advance orable citizen. The Framers adopted a lawyer and that this wasn’t about for- and written a statute expressly out- standard for impeachment that could eign policy. lawing it. For one thing, that would be stand the test of time. At the same Fourth and fifth, there is no real dis- practically impossible. As Justice time, the structure of the Constitution pute that these investigations were Story observed, the threats posed by implies that impeachable offenses never part of an official U.S. policy, Presidential abuse ‘‘are of so various should not come as a surprise. Im- and they in fact went outside official and complex a character’’ that it would peachment is aimed at Presidents who channels. The Department of Justice

VerDate Sep 11 2014 23:41 Jan 23, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.009 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S494 CONGRESSIONAL RECORD — SENATE January 23, 2020 even publicly confirmed that they were President Trump himself summarized the International Monetary Fund, and never asked to talk to Ukraine about the theory behind his request in broad three reformers inside Ukraine also these investigations—never. strokes in his July 25 call with Presi- wanted Mr. Shokin removed to reform Six, multiple officials who knew dent Zelensky. Here is what he said: the Ukrainian prosecutor general’s of- what was going on repeatedly reported The other thing, There’s a lot of talk about fice—to reform it. these concerns to supervisors and even Biden’s son, that Biden stopped the prosecu- Reforming the prosecutor general’s the NSC legal advisors. tion and a lot of people want to find out office was also supported on a bipar- Seven, Ukraine expressed concerns about that so that whatever you can do with tisan basis by the Ukrainian Caucus multiple times that these were polit- the Attorney General would be great. Biden here in the Senate. On February 12, ical investigations and Ukraine didn’t went around bragging that he stopped the 2016, after Vice President Biden had want to get involved in domestic U.S. prosecution so if you can look it . . . It sounds horrible to me. urged removal of Mr. Shokin but before politics. the Ukrainian Parliament voted to re- Eight, the White House tried to bury Now let’s look carefully at the inves- move him, a bipartisan group of Sen- tigation President Trump was asking the call. ators, including Senators PORTMAN, Nine, President Trump himself told for and what it was based on. In short, DURBIN, SHAHEEN, RON JOHNSON, MUR- us what he really wanted and cared President Trump asked for the inves- PHY, KIRK, BLUMENTHAL, and SHERROD about in his own words, in many public tigation into Biden based on a made-up BROWN sent a letter to President statements. theory that no one agreed with—no Poroshenko that urged him to make And finally, despite the President’s one. We will go into this in more de- urgent reforms to the prosecutor gen- counsel’s attempts to justify his ac- tail, but at a high level, the allegation tions, the evidence makes clear that eral’s office. The month after the Sen- is that late in 2015, Biden pressured ators sent that letter, Mr. Shokin was President Trump did not care about Ukraine to remove the then-prosecutor anticorruption efforts in Ukraine. This fired. He was fired. general, Viktor Shokin, by threatening So let’s be very clear. Vice President was only about one thing: his political to withhold approximately $1 billion in Biden called for the removal of this investigations. loan guarantees if he was not removed. prosecutor at the official direction of If you are following along on the According to this theory, Vice Presi- slide, now, as I mentioned, the object U.S. policy, because the prosecutor was dent Biden did this in order to help his widely perceived as corrupt, and with of the President’s scheme is clear: two son in a company called Burisma. Vice investigations to help his political re- the support of all of our international President Biden’s son sat on the board allies. His actions were therefore sup- election. of Burisma. The Constitution grants the Presi- ported by the executive branch, Con- As the theory goes, Vice President gress, and the international commu- dent broad authority to conduct U.S. Biden tried to remove Ukraine’s pros- foreign policy. He is our Commander in nity. ecutor, all to make sure the prosecutor Chief and chief diplomat. When the Common sense would tell us that this wouldn’t investigate that specific com- President of the United States calls a allegation against Joe Biden is false pany Burisma because, again, his son foreign leader, a President’s first and and that there was no legitimate basis was on the board. only objective should be to get foreign for any investigation. But there are Then, Senators, if that doesn’t sound leaders to do what is best for the U.S. several other reasons you know that farfetched and complicated to you, it national interest, consistent with the the only reason President Trump want- should. So let’s take this step-by-step faithful execution of his oath of office ed Ukraine to announce the investiga- and start from the beginning. and consistent with official U.S. policy. tion into Biden was solely for his very But on July 25, when President In 2014, Vice President Biden’s son own personal benefit. Trump called the President of Ukraine, Hunter joined the board of the Ukrain- If you look at the slide, we will sum- President Trump did the opposite. In- ian natural gas firm Burisma Holdings. marize some points. stead of following official U.S. talking At the time, Burisma’s owner, a First, none of the 17 witnesses in the points, instead of listening to his staff Ukrainian oligarch and former govern- House’s inquiry said there was any fac- on what was important to our national ment minister, was under investiga- tual basis for this allegation—not 1 of interests, President Trump asked tion. the 17. To the contrary, they testified Ukraine for something that benefited In 2015, Viktor Shokin became it was false. only himself: his political investiga- Ukraine’s prosecutor general, a job Second, as I mentioned, the former tions. And not only did these investiga- similar to Attorney General in the prosecutor general Vice President tions diverge from U.S. national inter- United States. Biden tried to remove was widely con- ests, as you will hear, President Although Shokin vowed to keep in- sidered to be corrupt and failed to in- Trump’s actions harmed our national vestigating Burisma amid an inter- vestigate corruption in Ukraine. Thus, security. In putting himself above our national push to root out corruption in removing him from office would only country, he put our country at risk, Ukraine, he allowed the Burisma inves- increase the chances that Burisma and that is why his actions are so dan- tigation to go dormant—allowed it to would be investigated for possible cor- gerous. go dormant. That is when he was re- ruption. Now let’s take a moment and look moved. He was not actively inves- Third, because the prosecutor was so carefully at the two investigations tigating Burisma. He had let it go dor- corrupt, Vice President Biden calling that President Trump sought from mant. Moreover, Shokin was widely for his removal was also at the direc- Ukraine, which are at the heart of the perceived as ineffective and corrupt. tion of official U.S. policy and under- President’s scheme, and how he stood George Kent, the second most senior taken with the unanimous support of to benefit politically from Ukraine’s official at the U.S. Embassy in Kyiv at our allies. announcement of each. the time described Shokin as ‘‘a typ- Fourth, the successor to the fired As you can see on the slide, the first ical Ukraine prosecutor who lived a Ukrainian prosecutor general admitted investigation was, of course, of former lifestyle far in excess of his govern- that Vice President Biden’s son didn’t Vice President Biden. Let’s go straight ment salary, who never prosecuted do anything wrong in connection with to that July 25 telephone call again anybody known for having committed Burisma. So the entire premise of the where President Trump stated clearly a crime and covered up crimes that investigation that the President want- each of these investigations he wanted. were known to have been committed.’’ ed Ukraine to pursue was simply false. So let’s start with Vice President Joe In late 2015, Vice President Biden, Finally, President Trump didn’t care Biden and the removal of a corrupt who had assumed a significant role in about any of this until 2019, when Vice prosecutor in Ukraine. U.S. policy toward Ukraine, publicly President Biden became the The first investigation related to called for the removal of Mr. Shokin frontrunner for the Democratic Presi- former Vice President Joe Biden and because of his failure—his failure—to dential nomination and polls showed the Ukrainian gas company Burisma adequately combat corruption. But that he had the largest head-to-head Holdings, on whose board his son Hun- Vice President Biden wasn’t alone. The lead against President Trump. That be- ter Biden used to sit. European Union, our European allies, came a problem.

VerDate Sep 11 2014 23:41 Jan 23, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.011 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S495 Let’s start with the first and second cerns that Shokin was himself corrupt Ukraine, Poroshenko, was the removal of a points. Vice President Biden’s conduct and not investigating potential corrup- corrupt prosecutor general, Viktor Shokin, was uniformly validated by the wit- tion in the country. In fact, part of the who had undermined a program of assistance nesses in the House investigation, who concern was that Shokin was not in- that we had spent, again, U.S. taxpayer money to try to build an independent inves- confirmed his conduct was consistent vestigating Burisma. Under Shokin, tigator unit to go after corrupt prosecutors. with U.S. policy. Every single witness the investigation into the owner of And there was a case called Diamond Pros- who was asked about the allegations Burisma for earlier conduct had stalled ecutor case in which Shokin destroyed the against Biden said it was false. They and was dormant. That was part of the entire ecosystem that we were trying to help testified that he acted properly. Every reason why the United States and create, the investigators, the judges who witness with knowledge of this issue other countries wanted to remove issued the warrants, the law enforcement testified that Vice President Biden was Shokin. that had warrants to do the wiretapping, ev- carrying out official U.S. policy in call- Because of this, and as confirmed by erybody to protect his former driver who he had made a prosecutor. That’s why Joe ing for Shokin’s removal because witness testimony we will hear shortly, Biden was asking, remove the corrupt pros- Shokin was corrupt. These witnesses calling for Shokin’s replacement would ecutor. explained, too, that the United States actually increase the chances that Mr. HIMES. So Joe Biden was partici- was not alone in this view. All of our Burisma would be investigated. In pating in an open effort to establish whole of European allies also supported this ac- other words, Shokin was corrupt and government effort to address corruption in tion. There is simply no evidence— not investigating allegations that Ukraine? Mr. KENT. That is correct. nothing, nada—in the record to support Burisma was corrupt, and so Vice Mr. HIMES. Great. So, Mr. Kent, as you this baseless allegation. President Biden calling for Shokin’s look at this whole mess, Rudy Giuliani, I would like to go through some of removal and advocating for his replace- President Trump, in your opinion, was this a that testimony now. ment would actually increase chances comprehensive and whole government effort First, here are Dr. Hill and Mr. of Burisma’s investigation. to end corruption in Ukraine? Holmes: Let’s watch. Ambassador Yovanovitch made this Mr. KENT. Referring to the requests in (Text of Videotape presentation:) point during her testimony. Let’s lis- July? Mr. HIMES. Exactly. Mr. GOLDMAN. Dr. Hill, are you aware of ten. Mr. KENT. I would not say so. No, sir. any evidence to support the allegations (Text of Videotape presentation:) against Vice President Biden? Ms. Manager GARCIA of Texas. In Mr. GOLDMAN. And, in fact, if he would Dr. HILL. I am not, no. short, the allegations against Vice help to remove a corrupt Ukrainian pros- Mr. GOLDMAN. And, in fact, Mr. Holmes, ecutor general who was not prosecuting President Biden are groundless. So the former prosecutor general of Ukraine enough corruption, that would increase the there is no comparison—none at all— who Vice President Biden encouraged to fire chances that corrupt companies in Ukraine between what he did and President was actually corrupt; is that right? Trump’s abuse of power. Mr. HOLMES. Correct. would be investigated; isn’t that right? Mr. GOLDMAN. And was not pursuing cor- Ambassador YOVANOVITCH. One would Now let’s turn to the third point. ruption investigations and prosecutions; think so. Part of the allegation against former right? Mr. GOLDMAN. And that would include Vice President Biden is that he pushed Mr. HOLMES. My understanding is that Burisma; right? for the corrupt Ukrainian prosecutor’s the prosecutor general at the time, Shokin, Ambassador YOVANOVITCH. Yes. removal in order to protect his son was not at that time pursuing investigations Ms. Manager GARCIA of Texas. from the investigation. In fact, the of Burisma or the Bidens. President Trump and his allies have President’s claim about being con- Mr. GOLDMAN. And, in fact, removing tried to justify President Trump’s cerned about corruption in Ukraine has that prosecutor general was part of the withholding of military aid and a United States’ anticorruption policy; isn’t recently emphasized this component of that correct? White House meeting unless Ukraine the theory: that the President wanted Mr. HOLMES. That’s correct. And not just announced the investigations he want- Ukraine to investigate Hunter Biden’s us but all of our allies and other institutions ed by saying it is the same thing the work on the board of Burisma, not the who were involved in Ukraine at the time. Vice President did when he called for former Vice President. Ms. Manager GARCIA of Texas. Am- Ukraine to remove its corrupt pros- This, too, is false—simply false. You bassador Yovanovitch confirmed these ecutor. It is not the same thing. As you need look no further than the July 25 points. Let’s watch her testify. just heard, Vice President Biden fol- call record and the President’s own (Text of Videotape presentation:) lowed official U.S. policy. He went statements to see that the President Mr. GOLDMAN. And in fact, when Vice through official channels to remove the wanted the Ukrainians to investigate President Biden acted to remove the former prosecutor that was corrupt, and he did Vice President Biden. corrupt prosecutor in Ukraine, did he do so it with the support of our allies. That Let’s look again at what the Presi- as part of official United States policy? is the exact opposite of what President dent’s call said. Ambassador YOVANOVITCH. Official U.S. Trump did. He pushed Ukraine for an The other thing, there is a lot of talk policy that was endorsed and was the policy investigation that has no basis, that no about Biden’s son, that Biden stopped the of a number of other international stake- prosecution and a lot of people want to find holders, other countries, other monetary in- one agreed with, that was not at all out about that, so whatever you can do with stitutions, and financial institutions. U.S. policy, and that only benefited the Attorney General would be great. Biden Ms. Manager GARCIA of Texas. Simi- him. George Kent addressed this very went around bragging that he stopped the larly, when asked if there was any fac- prosecution, so if you can look into it. It tual basis to support the allegations point during his testimony. Let’s lis- sounds horrible to me. ten. about Biden, George Kent replied, The President was clearly asking (Text of Videotape presentation:) ‘‘None whatsoever.’’ President Zelensky to investigate Joe Lieutenant Colonel Vindman and Ms. Mr. HIMES. And Mr. Kent and Mr. Taylor, Biden. And what did the President say the defenders of the President’s behavior, Williams also confirmed that they are on the White House lawn on October 3, not aware of any credible evidence to have made a big deal out of the fact that Vice President Biden encouraged the Ukrain- when he was asked about the Ukrain- support the notion that Vice President ians to remove a corrupt former Ukrainian ian scheme? Biden did anything wrong. Ambassador prosecutor in 2016, Mr. Shokin. And, in fact, He said: Volker testified that the Biden allega- Senator RAND PAUL on Sunday said, and I Well, I think if they were honest about it, tions were not credible and that Biden quote him, ‘‘They’re impeaching President you saw the film yesterday, they would start ‘‘respects his duties of higher office.’’ Trump for exactly the same thing Joe Biden a major investigation into the Bidens. It is a Now, as I mentioned, there was also a did.’’ Is that correct? Is what the President very simple answer. concrete reason that the U.S. Govern- did in his phone call and what Joe Biden did He said the Bidens, plural, not one ment wanted Shokin removed. As in terms of Mr. Shokin, are those exactly the same things? And if not, how are they dif- Biden—the Bidens. David Holmes, a senior official at the ferent? It is clear what the President wanted U.S. Embassy in Ukraine testified, by Mr. KENT. I do not think they are the from Ukraine: an investigation to the time that Shokin was finally re- same things. What former Vice President smear his political rival. But even if moved in 2016, there were strong con- Biden requested of the former President of the President wanted an investigation

VerDate Sep 11 2014 04:24 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.012 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S496 CONGRESSIONAL RECORD — SENATE January 23, 2020 of Hunter Biden, there is no basis for President Biden had consistently led conspiracy theory that Ukraine—rath- that either. President Trump in national polls by er than Russia—interfered in the 2016 Now, how do you know? Well, significant margins. So beginning U.S. election to benefit President Ukraine’s former prosecutor general around March, Vice President Biden is Trump’s opponent. As we will explain, admitted that the allegation against beating the President in the polls, even the allegation that Ukraine interfered Vice President Biden’s son was plainly on FOX News. in the 2016 elections, just like the alle- false. You can see it on the slide in his In April, Biden officially announces gation that Biden improperly removed own words—‘‘plainly false.’’ Then- his candidacy, and that is when the the Ukraine prosecutor, has absolutely Ukrainian Prosecutor General Yuriy President gets worried. In May, the no basis in fact. In fact, this theory ig- Lutsenko recanted his earlier allega- President’s personal lawyer tells the nored the unanimous conclusions of tions and confirmed: ‘‘Biden was defi- press that he is planning to travel to the U.S. intelligence agency, the con- nitely not involved in any wrongdoing Ukraine to urge newly elected Presi- gressional Intelligence Committees, involving Burisma.’’ dent Zelensky to conduct the two in- and Special Counsel Mueller, which So even the Ukrainians believed that vestigations—one into Vice President found that Russia—Russia attacked Biden’s son did nothing wrong. The Biden. Do you know what else hap- our elections. It also went against the long and short of it is that there was pened in May? A FOX News poll showed Senate Intelligence Committee report no basis for the investigation that the Biden beating Trump by 11 points. This which found no evidence supporting President was pursuing and pushing— clearly did not go unnoticed. that Ukraine attacked our elections, none. He was doing it only for his own On May 9, the President’s personal nor did any witness support the theory political benefit. lawyer, Mr. Giuliani, said in an inter- that Ukraine attacked our elections. Let’s look at one more important view: ‘‘I guarantee you, Joe Biden will Indeed, even President Trump’s own reason why it is clear that President not get to election day without this advisers told him the claim was false. Trump simply wanted a political ben- being investigated.’’ And by July, right In fact, the one person who told efit from Ukraine’s announcement of before President Trump’s call with President Trump his theory is true— this investigation and didn’t care President Zelensky, where he asked for who was it? You know it was our adver- about the underlying conduct. The al- the investigation into Biden, the FOX sary, Russia, which had everything to legations against Vice President Biden News poll showed Biden beating Trump gain by deflecting the blame from their were based on events that occurred in by 10 points. Then, on July 25, after attack on Ukraine. late 2015 and early 2016. They were all years of not caring what the Vice Let’s look at what President Trump well publicized at the time, but as soon President did, does President Trump was actually suggesting Ukraine inves- as President Trump took office, he in- ask for an investigation in his formi- tigate. The theory is this: Instead of creased military support to Ukraine in dable political rival in the 2020 elec- listening to our entire intelligence 2017 and the next year, 2018. tion. community that concluded that Russia It wasn’t until 2019, over 3 years after Senators, looking at this timeline of interfered in our 2016 election to assist Vice President Biden called for events, it is not difficult to see why the Donald Trump, the new theory says it Shokin’s removal—3 years after—that investigation into the Bidens would be was Ukraine that interfered in the President Trump started pushing helpful to President Trump. The mere election to help Hillary Clinton and Ukraine to investigate that conduct. announcement of such an investigation hurt Donald Trump. So what changed? What changed? would immediately tarnish the former One aspect of this conspiracy theory Why did President Trump not care at Vice President’s reputation by embroil- was that the American cyber security all about Biden’s request on the re- ing him and his son in a foreign crimi- firm, CrowdStrike, which had helped moval of Shokin the year after it hap- nal investigation—even if the charges the DNC respond to Russia’s cyber at- pened in 2017 or the next year in 2018? were never pursued, just the mere an- tack in 2016, moved a DNC server to Senators, you know what changed in nouncement. And if a foreign country Ukraine to prevent the FBI from exam- 2019 when President Trump suddenly announced a formal investigation into ining it. Here is what President Trump cared. It is that Biden got in the race. those allegations, it would give allega- said about this conspiracy theory dur- On April 25, Vice President Biden an- tions against the Bidens an air of credi- ing the July 25 call. nounced he would run for President in bility and could carry through the elec- I would like you to find out what happened 2020. If President Trump was so con- tion. with this whole situation with Ukraine, they cerned about this alleged corruption, The evidence is clear. Everyone say Crowdstrike . . . I guess you have one of why didn’t he push Ukraine to inves- knew—even Ukraine—that there was your wealthy people . . . The server, they tigate when he entered office in 2017 or no merit to the allegation that Biden say Ukraine has it. in 2018 after Biden gave public remarks called for the removal of Shokin for Once again, if this sounds farfetched about how he pressured Ukraine to re- any illegitimate reason. Biden asked and crazy, it should because it is. move Shokin? Why did President for it because it was consistent—con- There is simply no factual basis to sup- Trump instead wait until former Vice sistent with U.S. policy because port this conspiracy theory. Let’s walk President Biden was campaigning for Shokin was corrupt, and it was with through the concrete reasons why. the Democratic nomination? the backing of our allies. Even Presi- First, as I mentioned, our entire U.S. Senators, it is obvious: because dent Trump knew there was no basis intelligence community, the Senate President Trump wanted to hurt Vice for this investigation. That is why, for Select Committee on Intelligence, and President Biden’s candidacy and help years, after Shokin’s removal, he con- Special Counsel Mueller all unani- himself politically. He pushed for the tinued to support Ukraine. He never mously found that Russia—not investigation in 2019 because that is once raised the issue. Ukraine—interfered in the 2016 elec- when it would be valuable to him, It wasn’t until Biden began beating tions, and Russia did it to help Donald President Trump. He pushed for it him in the polls that he called for the Trump and hurt Hillary Clinton. Here when it started to become clear that investigation. The President asked is an example of that. Vice President Biden could beat him, Ukraine for this investigation for one This is the conclusion of the Director and he had good reason to be con- reason and one reason only: because he of National Intelligence’s report enti- cerned. knew it would be damaging to an oppo- tled ‘‘Assessing Russian Activities and Let’s look at the slide about some nent who was consistently beating him Intentions in Recent U.S. Elections.’’ I polls. Throughout this scheme, polling in the polls and therefore it could help will quote part of it, and you can fol- had consistently shown the former him get reelected in 2020. President low along in the slide. Vice President handily beating Presi- Trump had the motive, he had the op- We assess Russian President Vladimir dent Trump by significant margins in Putin ordered an influence campaign in 2016 portunity, and the means to commit aimed at the U.S. Presidential election. Rus- head-to-head matchups. The chart on this abuse of power. sia’s goals were to undermine public faith in the screen shows FOX News polls em- Now, let’s turn to the second inves- the US democratic process, denigrate Sec- phasizing this point. The chart shows tigation that President Trump wanted. retary Clinton, and harm her electability that from March to December, Vice What he wanted was a widely debunked and potential Presidency. We further assess

VerDate Sep 11 2014 00:00 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.014 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE January 23, 2020 CONGRESSIONAL RECORD — SENATE S497 Putin and the Russian Government devel- that would indicate that Ukraine tried would be beneficial and helpful to his oped a clear preference for President-elect to interfere in the 2016 Presidential own reelection campaign. Trump. We have high confidence in these election.’’ Even President Trump’s own senior judgments. So to be really, really clear, there is advisers told him these allegations ‘‘Clear preference for President-elect no real dispute that Russia, not were false. Tom Bossert, President Trump.’’ And here is the conclusion of Ukraine, attacked our elections. Trump’s former Homeland Security the Senate Select Committee on Intel- It is not just that there is no evi- Advisor, stated publicly that the ligence: dence to support his conspiracy theory; CrowdStrike theory had been de- The Committee found that the [Russian- it is more dangerous than that. Where bunked. based Internet Research Agency] sought to did this theory come from? You Here is that interview. Let’s watch. influence the 2016 U.S. presidential election guessed it. The Russians—Russia. Rus- (Text of Videotape presentation:) by harming Hillary Clinton’s chances of suc- sian President Vladimir Putin and Rus- Mr. BOSSERT. It’s not only a conspiracy cess and supporting Donald Trump at the di- sian intelligence services perpetuated theory, it is completely debunked. You rection of the Kremlin . . . The Committee know, I don’t know want to be glib about found that the Russian government tasked this false, debunked conspiracy theory. this matter, but last year, retired former and supported the IRA’s interference in the Now remember, there is no dispute Senator Judd Gregg wrote a piece in The Hill 2016 U.S. election. among the intelligence community that Russia attacked our 2016 elec- magazine saying the three ways or the five ‘‘Supporting Donald Trump at the di- ways to impeach oneself. And the third way tions. The Senate’s own Intelligence rection of the Kremlin’’—that is what was to hire Rudy Giuliani. it said. And here is the special coun- Committee published a report telling And at this point, I am deeply frustrated sel’s conclusion Mueller reported in us that as well. So it is no surprise that with what he and the legal team is doing in 2019: Russia wants to blame somebody else. repeating that debunked theory to the presi- In fact, President Trump even said dent. It sticks in his mind when he hears it As set forth in detail in this report, the that President Putin is the one who over and over again. And for clarity here, Special Counsel’s investigation established told him it was Ukraine who interfered George, let me just again repeat that it has that Russia interfered in the 2016 presi- no validity. The United States government dential election principally through two op- in our elections. In short, this is a theory that the reached its conclusion on attributing to Rus- erations. First, a Russia entity carried out a sia the DNC hack in 2016 before it even com- social media campaign that favored presi- Russians are promoting to interfere, municated it to the FBI and long before the dential candidate Donald J. Trump and dis- yet again, in our democratic process FBI ever knocked on the door at the DNC. So paraged presidential candidate Hillary Clin- and deflect blame from their own at- a server inside the DNC was not relevant to ton. Second, a Russian intelligence service tacks against us. But what is so dan- our determination to the attribution. It was conducted computer-intrusion operations gerous is that President Trump is help- made upfront and beforehand. And so while against entities, employees, and volunteers ing them perpetuate this. Our own servers can be important in some of the in- working on the Clinton Campaign and then vestigations that followed, it has nothing to released stolen documents. President is helping our adversary at- tack our processes, all to help his own do with the U.S. government’s attribution of Russia to the DNC hack. On December 9, 2019, even President reelection. Trump’s own FBI Director Christopher Dr. Hill, an expert on these matters, Ms. Manager GARCIA of Texas. The Wray stated unequivocally that there explains it in more detail as to why theory ‘‘has no validity.’’ That is what is no evidence to support the theory this is very concerning. Let’s watch. he said. that Ukraine interfered in our election (Text of Videotape presentation:) Dr. Hill, too, testified that White in 2016. Dr. HILL. This relates to the second thing House officials, including Mr. Bossert Here is a video of that interview. I want to communicate. Based on questions and former National Security Advisor Let’s watch. and statements I have heard, some of you on H.R. McMaster spent a lot of time re- (Text of Videotape presentation:) the committee appear to believe that Russia futing the CrowdStrike conspiracy the- REPORTER. Did the Government of and its security services did not conduct a ory to President Trump. Let’s hear it. Ukraine directly interfere in the 2016 elec- campaign against our country and that per- (Text of Videotape presentation:) haps somehow, for some reason, Ukraine did. tion on the scale that the Russians did? Daniel GOLDMAN. Now, Dr. Hill, is this a This is a fictional narrative that is being Director WRAY. We have no information reference to this debunked conspiracy theory perpetrated and propagated by the Russian that indicates that Ukraine interfered with about Ukraine interference in the 2016 elec- security services themselves. the 2016 presidential election. tion that you discussed in your opening The unfortunate truth is that Russia was REPORTER. When you see politicians statement as well as with Chairman SCHIFF? the foreign power that systematically at- pushing this notion, are you concerned about Fiona HILL. The reference to CrowdStrike tacked our democratic institutions in 2016. that in terms of its impact on the American and the server, yes, that’s correct. public? This is the public conclusion of our intel- Daniel GOLDMAN. And it is your under- Director WRAY. Well, look, there’s all ligence agencies, confirmed in bipartisan and standing that there is no basis for these alle- kinds of people saying all kinds of things out congressional reports. It is beyond dispute, gations, is that correct? there. I think it’s important for the Amer- even if some of the underlying details must Fiona HILL. That’s correct. ican people to be thoughtful consumers of in- remain classified. Daniel GOLDMAN. Now, isn’t it also true formation and to think about the sources of The impact of the successful 2016 Russian that some of President Trump’s most senior it and to think about the support and predi- campaign remains evident today. Our nation advisors had informed him that this theory cation for what they hear. And I think part is being torn apart. Truth is questioned. Our of Ukraine interference in the 2016 election of us being well protected against malign highly professional, expert career Foreign was false? foreign influence is to build together an Service is being undermined. U.S. support for Fiona HILL. That’s correct. American public that’s resilient, that has ap- Ukraine which continues to face armed Rus- sian aggression is being politicized. The Rus- Ms. Manager GARCIA of Texas. When propriate media literacy, and that takes its she was asked if it is false, she said: information with a grain of salt. sian Government’s goal is to weaken our REPORTER. And Putin has been pushing country, to diminish America’s global role, ‘‘That’s correct.’’ this theory. And your message to him in and to neutralize a perceived U.S. threat to If Vladimir Putin’s goals, as Dr. Hill terms of the American public? Russian interests. testified, were to deflect from Russia’s Director WRAY. Stop trying to interfere Ms. Manager GARCIA of Texas. Their systematic interference in our election with our elections. ‘‘goal is to weaken our country, to di- and to drive a wedge between the REPORTER. And we recently heard from minish America’s global role, and to United States and Ukraine, he has suc- the President himself that he wanted the neutralize a perceived U.S. threat to ceeded beyond his wildest dreams. The CrowdStrike portion of this whole con- Russian interests.’’ That is why it is so alternative narrative of Ukrainian in- spiracy in the Ukraine investigated, and I’m hearing you say there’s no evidence to sup- dangerous. Despite the lack of any evi- terference in the 2016 election has now port that as far as you know. dence to support this debunked con- been picked up by the President’s de- Director WRAY. As I said, we have no—We spiracy theory, the unanimous conclu- fenders and the conservative media. It at the FBI have no information that would sion of the intelligence community, has muddied the waters regarding Rus- indicate that Ukraine tried to interfere in Congress, Special Counsel Mueller, and sia’s own interference in our elec- the 2016 presidential election. the FBI to the contrary, President tions—efforts that remain ongoing, as Ms. Manager GARCIA of Texas. You Trump continued to promote this fake we have learned this week from report- heard him. He said ‘‘no information conspiracy theory just because it ing that Russia hacked Burisma.

VerDate Sep 11 2014 00:00 Jan 24, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G23JA6.015 S23JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S498 CONGRESSIONAL RECORD — SENATE January 23, 2020 If there were any doubt about how don’t want to lose a single more vote under his control. There may be an ef- President Putin feels about the Presi- than necessary. But those polls do fort to say: OK, the human hand gre- dent’s conduct, you need only look to show the powerful motive that Donald nade, Rudy Giuliani, it is all his fault. Putin’s own words. His statement on Trump had—a motive that he didn’t He has the President in his grip. November 20 tells it all. He said: have the year before or the year before And even though the U.S. intel- Thank God nobody is accusing us anymore that; a motive that he didn’t have ligence agencies and the bipartisan of interfering in U.S. elections. Now they’re when he allowed the aid to go to Senate Intelligence Committee and ev- accusing Ukraine. Ukraine without complaint or issue in eryone else told the President time That is a short quotation from Putin, 2017 or 2018. It was only when he had a after time that this is nonsense, that but it speaks volumes. Even though growing concern with Joe Biden’s can- the Russians interfered, not the President Trump knew there was no didacy that he took a sudden interest Ukrainians, he just couldn’t shake factual basis for the theory that it was in Ukraine and Ukraine funding and himself of what he was hearing from Ukraine that interfered in the 2016 the withholding of that aid. Rudy Giuliani. You can say a lot of election rather than Russia and knew I also want to underscore what the things about President Trump, but he that Russia was perpetuating this the- President said in that July 25 call. My is not led by the nose by Rudy Giuliani. ory, he still wanted President Zelensky colleague showed you that transcript And if he is willing to listen to his per- to pursue the investigation. Why? Be- from July 25 where the President says: sonal lawyer over his own intelligence cause, while Putin and Russia clearly ‘‘I would like you to find out what hap- agencies, his own advisers, then you stood to gain by promoting this con- pened with this whole situation with can imagine what a danger that pre- spiracy theory about Ukraine, so did Ukraine, they say CrowdStrike.’’ My sents to this country. Donald Trump. He knew it would be po- colleagues have explained what that My colleague also played for you that litically helpful to his 2020 election. theory is about that server, that interview with Director Wray. And, An announcement of an investigation CrowdStrike server—the crazy theory again, I was just struck anew by that by Ukraine would have breathed new that it was Ukraine that hacked the interview. In that interview, Director life into a debunked conspiracy theory Democratic server and that server was Wray says: ‘‘We have no information that indicates that Ukraine interfered that Ukrainian election interference whisked away to Ukraine and hidden with the 2016 presidential election.’’ was there in 2016, and it lent it great there so that the investigators and the That is Donald Trump’s Director of the credibility. It would have cast doubt on FBI couldn’t look at this server. That FBI: ‘‘We have no information that in- the conclusions of the Intelligence is what Donald Trump was raising in dicates that Ukraine interfered with Committee and Special Counsel that conversation with President the 2016 election’’—none, as in zero. Mueller that Russia interfered in the Zelensky. I bring up this point again because The reporter then says: When you see 2016 election to help President Trump. politicians pushing this notion, are you And it would have helped eliminate a you may hear from my colleagues, the President’s lawyers, as we heard during concerned about that in terms of the perceived threat to the legitimacy of impact on the American public? Donald Trump’s Presidency, that he the testimony in the House, that the concern was over Ukrainian inter- And the Director says: ‘‘Well, look, was only elected because of the help he there’s all kinds of people saying all ference in the election, and why isn’t it received from President Putin. kinds of things out there.’’ possible that both Russia and Ukraine I now yield to Mr. SCHIFF. Well, yes, there are, but this person Mr. MCCONNELL. Mr. Chief Justice. interfered in the election? Never mind is the President of the United States. The CHIEF JUSTICE. The majority that is contrary to all the evidence. When he says ‘‘there are all kinds of leader is recognized. But it is important to point out here people out there saying all kinds of f that we are not talking about generic things,’’ well, what he is really saying interference. We are not talking about, is the President of the United States. RECESS SUBJECT TO CALL OF THE as we heard from some of my col- CHAIR It is one thing if someone off the leagues in the House, a tweet from a streets says it, but when it is coming Mr. MCCONNELL. Mr. Chief Justice, Ukrainian here or an op-ed written by from the President of the United I am going to recommend that we take somebody there and equating it with States, you can see what a danger it is a 15-minute break at this point. the kind of systematic interference of if it is patently false and it is promul- The CHIEF JUSTICE. Without objec- the Russians. What we are talking gated by the Russians. tion, it is so ordered. about here—what the President is talk- And, again, the reporter says: We There being no objection, at 2:57 p.m. ing about here is a very specific con- heard from the President, himself, he the Senate, sitting as a Court of Im- spiracy theory going to the server wanted the CrowdStrike portion of this peachment, recessed until 3:25 p.m.; itself, meaning that it was Ukraine whole conspiracy investigated, and I whereupon the Senate reassembled that hacked the Democratic server, not am hearing you say there is no evi- when called to order by the CHIEF JUS- the Russians. This theory was brought dence to support this. TICE. to you by the Kremlin, OK? So we are And Wray says: ‘‘As I said, we at the The CHIEF JUSTICE. Mr. Manager not talking about generic interference. FBI have no information that would in- SCHIFF. We are talking about the server. We dicate that Ukraine tried to interfere Mr. Manager SCHIFF. Senators, I am are talking about CrowdStrike. At in the 2016 presidential election’’— going to pick up where my colleague least, that is what Donald Trump want- none. from Texas left off, but I want to begin ed to investigate or announced—this And so you can imagine the view by underscoring a few of the points completely bogus, Kremlin-pushed con- from the Kremlin of all of this. You that she made, in listening to her pres- spiracy theory. can imagine Putin in the Kremlin with entation, that really leapt out at me in I was also struck by that video you his aides, and one of his aides comes a way they hadn’t leapt out at me be- saw of Tom Bossert, the former home- into the office and says: Vladimir, you fore. land security adviser for the President, are never going to believe this. The First, I want to address—my col- in which he talked about how com- President of the United States is push- league shared a number of slides show- pletely debunked and crazy this con- ing our CrowdStrike theory. ing the polling strength of Joe Biden spiracy theory is. And then there was I mean, you can almost imagine the vis-a-vis the President as a demonstra- that rather glib line that he admitted incredulity of Vladimir Putin: You are tion of his motive, the fact that he was glib, but nonetheless made a point, kidding; right? You mean he really be- went over these political investiga- about the three or five ways to im- lieves this? His own people don’t be- tions to undermine someone he was peach oneself, and the third way was to lieve this. Nobody believes this. deeply concerned about. hire Rudy Giuliani. It would be bad enough, of course, This is an appropriate point for me to Now, it struck me in watching that that the President of the United States make the disclaimer that the House clip, again, that it is important to em- believes this Russian propaganda managers take no position in the phasize that Rudy Giuliani is not some against the advice of all of his advis- Democratic primary for President. I Svengali here who has the President ers—common sense—and everything

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