E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION

Vol. 167 WASHINGTON, TUESDAY, FEBRUARY 9, 2021 No. 24 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, February 11, 2021, at 9 a.m. Senate TUESDAY, FEBRUARY 9, 2021

The Senate met at 1 p.m. and was TRIAL OF DONALD J. TRUMP, sel, and is cosponsored by the Repub- called to order by the President pro PRESIDENT OF THE UNITED lican leader. It is bipartisan. tempore (Mr. LEAHY). STATES It is our solemn constitutional duty to conduct a fair and honest impeach- f The PRESIDENT pro tempore. The Senate will convene as the Court of Im- ment trial on the charges against PRAYER peachment. former President Trump—the gravest charges ever brought against a Presi- The Chaplain, Dr. Barry C. Black, of- The PRESIDENT pro tempore. I ask dent of the United States in American fered the following prayer: Senators to be seated. history. Let us pray. THE JOURNAL Eternal God, author of liberty, take If there is no objection, the Journal This resolution provides for a fair control of this impeachment trial. of proceedings of the trial are approved trial, and I urge the Senate to adopt it. Lord, permit the words of the New Eng- to date. Mr. President, I send a resolution to land poet James Russell Lowell to pro- I ask the Sergeant at Arms to make the desk on my behalf and that of the vide our Senate jurors with just one the proclamation. Republican leader for the organizing of perspective. Lowell wrote: The Acting Sergeant at Arms, Jen- the next phases of this trial. nifer A. Hemingway, made the procla- The PRESIDENT pro tempore. The Once to every man and nation comes the mation as follows: moment to decide, In the strife of Truth with clerk will report the resolution by Falsehood, for the good or evil side. Hear ye! Hear ye! All persons are com- title. manded to keep silence, on pain of imprison- The legislative clerk read as follows: Mighty God, could it really be that ment, while the Senate of the United States simple? Could it really be just truth is sitting for the trial of the Article of Im- A resolution (S. Res. 47) to provide for re- striving against falsehood and good peachment exhibited by the House of Rep- lated procedures concerning the article of striving against evil? resentatives against Donald John Trump, impeachment against Donald John Trump, former President of the United States. Powerful Redeemer, have mercy on former President of the United States. our beloved land. The PRESIDENT pro tempore. I note VOTE ON S. RES. 47 We pray in Your magnificent Name. the presence in the Senate Chamber of The PRESIDENT pro tempore. The Amen. the managers on the part of the House question is on agreeing to the adoption of Representatives and counsel for the of the resolution. f former President of the United States. Mr. SCHUMER. I ask for the yeas PLEDGE OF ALLEGIANCE RECOGNITION OF THE MAJORITY LEADER and nays. The President pro tempore led the The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Is Pledge of Allegiance, as follows: Democratic leader is recognized. there a sufficient second? PROVIDING FOR RELATED PROCEDURES CON- There appears to be a sufficient sec- I pledge allegiance to the Flag of the CERNING THE ARTICLE OF IMPEACHMENT United States of America, and to the Repub- ond. AGAINST DONALD JOHN TRUMP, FORMER lic for which it stands, one nation under God, The clerk will call the roll. PRESIDENT OF THE UNITED STATES indivisible, with liberty and justice for all. The legislative clerk called the roll. Mr. SCHUMER. Mr. President, in a f moment, I will call up a resolution to [Rollcall Vote No. 56] govern the structure of the second im- YEAS—89 CONCLUSION OF MORNING peachment trial of Donald John Baldwin Blunt Burr BUSINESS Trump. Barrasso Booker Cantwell Bennet Boozman Capito The PRESIDENT pro tempore. Morn- It has been agreed to by the House Blackburn Braun Cardin ing business is closed. managers, the former President’s coun- Blumenthal Brown Carper

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

S589

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VerDate Sep 11 2014 01:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A09FE6.000 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S590 CONGRESSIONAL RECORD — SENATE February 9, 2021 Casey Kaine Rosen You will not be hearing extended lec- Mr. TRUMP. The Constitution says you Cassidy Kelly Rounds tures from me because our case is have to protect our country and you have to Collins Kennedy Sanders protect our Constitution. And you can’t vote Coons King based on cold, hard facts. It is all about Sasse on fraud. And fraud breaks up everything, Cornyn Klobuchar the facts. Schatz doesn’t it? When you catch somebody in a Cortez Masto Lankford Schumer President Trump has sent his lawyers Cotton fraud, you’re allowed to go by very different Leahy Shaheen here today to try to stop the Senate Cramer Luja´ n Shelby rules. Crapo Lummis Sinema from hearing the facts of this case. So I hope Mike has the courage to do what Daines Manchin Smith They want to call the trial over before he has to do. Duckworth Markey Stabenow any evidence is even introduced. Unidentified Male. Talking about you, Durbin McConnell Sullivan Pence. Ernst Menendez Their argument is that if you com- Tester Feinstein Merkley mit an impeachable offense in your Mr. TRUMP. When we fight, we fight like Thune Fischer Moran last few weeks in office, you do it with hell. And if you don’t fight like hell, you’re Gillibrand Murkowski Tillis not going to have a country anymore. Graham Murphy Toomey constitutional impunity; you get away Unidentified Male. Fuck DC police. Fuck Grassley Murray Van Hollen with it. In other words, conduct that you. Hassan Ossoff Warner would be a high crime and mis- Mr. TRUMP. So we are going to walk down Warnock Heinrich Padilla demeanor in your first year as Presi- Pennsylvania Avenue. I love Pennsylvania Hickenlooper Peters Warren Hirono Portman Whitehouse dent and your second year as President Avenue. And we are going to the Capitol, and Hoeven Reed Wicker and your third year as President and we are going to try and give our Repub- Hyde-Smith Risch Wyden for the vast majority of your fourth licans—the weak ones because the strong Inhofe Romney Young ones don’t need any of our help. We are going year as President you can suddenly do NAYS—11 to try and give them the kind of pride and in your last few weeks in office without boldness that they need to take back our Cruz Lee Scott (FL) facing any constitutional account- country. Hagerty Marshall Scott (SC) ability at all. Unidentified Male. Get the fuck out of Hawley Paul Tuberville Johnson Rubio This would create a brandnew Janu- here, you traitors. ary exception to the Constitution of The PRESIDING OFFICER. The majority The PRESIDENT pro tempore. On the United States of America—a Janu- leader. this vote, the yeas are 89, the nays are ary exception. And everyone can see Mr. MCCONNELL. We are debating a step 11. that has never been taken in American his- The resolution (S. Res. 47) was agreed immediately why this is so dangerous. tory. to. It is an invitation to the President to Unidentified Male. Fuck you, traitors. (The resolution is printed in today’s take his best shot at anything he may Mr. MCCONNELL. President Trump claims RECORD under ‘‘Submitted Resolu- want to do on his way out the door, in- the election was stolen. The assertions range tions.’’) cluding using violent means to lock from specific local allegations to constitu- that door, to hang on to the Oval Office tional arguments to sweeping conspiracy ORDER OF BUSINESS theories. The PRESIDENT pro tempore. Pur- at all costs, and to block the peaceful transfer of power. (People chanting: ‘‘USA.’’) suant to the provisions of S. Res. 47, Mr. MCCONNELL. But my colleagues, there shall now be 4 hours of argument In other words, the January excep- nothing before us proves illegality anywhere by the parties, equally divided, on the tion is an invitation to our Founders’ near the massive scale—the massive scale— question of whether Donald John worst nightmare. And if we buy this that would have tipped the entire election. Trump is subject to the jurisdiction of radical argument that President Unidentified Female. Our house, our house, Trump’s lawyers advance, we risk al- our house, our house. a Court of Impeachment for acts com- (People chanting: ‘‘Fight for Trump.’’) mitted while President of the United lowing January 6 to become our future. And what will that mean for Amer- Unidentified Male. Fuck you, police. States, notwithstanding the expiration Unidentified Male. Let’s go. Let’s go. of his term in that office. ica? Think about it. What will the Jan- Officer GOODMAN. Second floor. Mr. Manager RASKIN, are you a pro- uary exception mean to future genera- Unidentified Male. You are gonna beat us ponent or an opponent of this question? tions if you grant it? I will show you. all? Are you gonna beat us all? Mr. Manager RASKIN. I am a pro- (Video footage of 1–6–2021.) Mr. LANKFORD. My challenge today is ponent. Mr. TRUMP. We will stop the steal. not about the good people of Arizona. The PRESIDENT pro tempore. Mr. (Applause.) The PRESIDING pro tempore. The Senate will stand in recess until the call of the Castor, are you a proponent or an oppo- Mr. TRUMP. Today I will lay out just some of the evidence proving that we won Chair. nent of this question? this election and we won it by a landslide. Mr. LANKFORD. Thank you. Mr. Counsel CASTOR. We are an op- This was not a close election. And after this, (People chanting: ‘‘Woot, woot.’’) ponent. we’re going to walk down—and I will be Mr. GOSAR. Madam—Mr. Speaker, can I The PRESIDENT pro tempore. Oppo- there with you—we’re going to walk down— have order in the Chamber. nent, thank you. we’re gonna walk down to the Capitol. The SPEAKER pro tempore. The House Mr. Manager RASKIN, your party may (People chanting: ‘‘Yeah. Let’s take the will be in order. proceed first. You will be able to re- Capitol.’’) Unidentified Male. Go, go, go. serve rebuttal time, if you wish. Unidentified Male. Take it. The SPEAKER pro tempore. The House will be in order. OK. Mr. RASKIN, you are recognized. Unidentified Male. Take the Capitol. Unidentified Male. We are going to the (People chanting: ‘‘Stop the steal.’’) MANAGERS’ OPENING STATEMENTS Capitol, where our problems are. It’s that di- (People chanting: ‘‘Traitor Pence.’’) Mr. Manager RASKIN. Thank you rection. (People chanting: ‘‘Stop the steal.’’) very much, Mr. President, distin- Unidentified Male. Everybody in. This way. Unidentified Male. They are leaving. They guished Members of the Senate. Good This way. are leaving. afternoon. Mr. TRUMP. Tens of thousands of votes. (People chanting: ‘‘Break it down.’’) My name is JAMIE RASKIN. It is my They came in in duffel bags. Where the hell Unidentified Male. Get down. Let’s go. honor to represent the people of Mary- did they come from? Come on. Where the fuck are they? (People chanting: ‘‘No Trump, no peace.’’) land’s Eighth Congressional District in (People chanting: ‘‘USA.’’) Sergeant at Arms: Madam Speaker, the Unidentified Male. Let’s go. We need fresh the House and also to serve as the lead Vice President and the United States Senate. patriots. House manager. (Applause.) (People chanting: ‘‘Traitors.’’) And Mr. President, we will indeed re- Unidentified Male. Off the sidewalk. (People chanting: ‘‘Fight for Trump.’’) serve time for rebuttal. Thank you. Unidentified Male. We outnumber you a Mr. TRUMP. There has never been a time Because I have been a professor of million to one out here, dude. like this where such a thing happened, where constitutional law for three decades, I Unidentified Male. Take the building. Take they could take it away from all of us—from know there are a lot of people who are the building. me, from you, from our country. This was a dreading endless lectures about the Unidentified Male. Let us in. fraudulent election, but we can’t play into Unidentified Male. Fuck these pigs. the hands of these people. Federalist Papers. Please breathe easy, Unidentified Male. Join us. We have to have peace. So go home. We OK. I remember well W.H. Audens’ line Unidentified Male. Let us in. love you. You’re very special. You’ve seen that a professor is someone who speaks Unidentified Male. That’s enough. There’s what happens. You’ve seen the way others while other people are sleeping. much more coming. are treated that are so bad and so evil.

VerDate Sep 11 2014 01:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\A09FE6.001 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S591 I know how you feel, but go home, and go 3 gives the Senate the sole power to try constitution in the 1780s either specifi- home in peace. all impeachments. The Senate has the cally said that former officials could be (Audience chants: ‘‘USA.’’) power, the sole power, to try all im- impeached or were entirely consistent Your lies in your own cities, your own counties. Storm your own capitol buildings. peachments. ‘‘All’’ means all, and there with the idea. In contrast, not a single We take down every one of these are no exceptions to the rule. Because State constitution prohibited trials of motherfuckers. the Senate has jurisdiction to try all former officials. As a result, there was Hang them! impeachments, it most certainly has an overwhelming presumption in favor Mr. Manager RASKIN. Senators, the jurisdiction to try this one. It is really of allowing legislatures to hold former President was impeached by the U.S. that simple. The vast majority of con- officials accountable in this way. Any House of Representatives on January stitutional scholars who studied the departure from that norm would have 13 for doing that. You ask what a ‘‘high question and weighed in on the propo- been a big deal, and yet there is no sign crime and misdemeanor’’ is under our sition being advanced by the President, anywhere that that ever happened. Constitution. That is a high crime and this January exception, heretofore un- Some States, including Delaware, misdemeanor. If that is not an im- known, agree with us, and that in- even confined impeachment only to of- peachable offense, then there is no such cludes the Nation’s most prominent ficials who had already left office. This thing. And if the President’s argu- conservative legal scholars, including confirms that removal was never seen ments for a January exception are former Tenth Circuit Judge Michael as the exclusive purpose of impeach- upheld, then even if everyone agrees McConnell; the cofounder of the Fed- ment in America. The goal was always that he is culpable for these events, eralist Society, Steven Calabresi; Ron- about accountability, protecting soci- even if the evidence proves, as we think ald Reagan’s Solicitor General Charles ety, and deterring official corruption. it definitively does, that the President Fried; luminary Washington lawyer Delaware matters for another reason. incited a violent insurrection on the Charles Cooper, among hundreds of Writing about impeachment in the day Congress met to finalize the Presi- other constitutional lawyers and pro- Federalist Papers, Hamilton explained dential election, he would have you be- fessors. that the President of America would I commend the people I named—their lieve there is absolutely nothing the stand upon no better ground than a recent writings to you in the news- Senate can do about it—no trial, no Governor of New York and upon worse papers over the last several days. And facts. He wants you to decide that the ground than the Governors of Mary- all of the key precedents, along with Senate is powerless at that point. That land and Delaware. He thus emphasized detailed explanation of the constitu- that the President is even more ac- can’t be right. tional history and textual analysis, ap- The transition of power is always the countable than officials in Delaware, pear in the trial brief we filed last most dangerous moment for democ- where, as I noted, the constitution week and the reply brief that we filed racies. Every historian will tell you clearly allowed impeachment of former very early this morning. officials. that. We just saw it in the most aston- I will spare you a replay, but I want ishing way. We lived through it. And And nobody involved in the conven- to highlight a few key points from con- tion ever said that the Framers meant you know what? The Framers of our stitutional history that strike me as to reject this widely accepted, deeply Constitution knew it. That is why they compelling in foreclosing President rooted understanding of the word ‘‘im- created a Constitution with an oath Trump’s argument that there is a se- peachment’’ when they wrote it into written into it that binds the President cret January exception hidden away in our Constitution. The convention de- from his very first day in office until the Constitution. bates instead confirm this interpreta- his very last day in office and every The first point comes from English tion. There, while discussing impeach- day in between. history, which matters because, as Under that Constitution and under ment, the Framers repeatedly returned Hamilton wrote, England provided ‘‘the to the threat of Presidential corruption that oath, the President of the United model from which the idea of this insti- aimed directly to elections, the heart States is forbidden to commit high tution has been borrowed.’’ And it of self-government. crimes and misdemeanors against the would have been immediately obvious Almost perfectly anticipating Presi- people at any point that he is in office. to anyone familiar with that history dent Trump, William Davey of North Indeed, that is one specific reason the that former officials could be held ac- Carolina explained impeachment was impeachment, conviction, and disquali- countable for their abuses while in of- for a President who spared ‘‘no effort fication of powers exist: to protect us fice. or means whatever to get himself re- against Presidents who try to overrun Every single impeachment of a gov- elected.’’ the power of the people in their elec- ernment official that occurred during Hamilton, in Federalist 1, said the tions and replace the rule of law with the Framers’ lifetime concerned a greatest danger to republics and the the rule of mobs. These powers must former official—a former official. In- liberties of the people comes from po- apply even if the President commits deed, the most famous of these im- litical opportunists who begin as dema- his offenses in his final weeks in office. peachments occurred while the Fram- gogues and end as tyrants and the peo- In fact, that is precisely when we need ers gathered in Philadelphia to write ple who are encouraged to follow them. them the most because that is when the Constitution. It was the impeach- President Trump may not know a lot elections get attacked. ment of Warren Hastings, the former about the Framers, but they certainly Everything that we know about the Governor-general of the British colony knew a lot about him. language of the Constitution, the of Bengal and a corrupt guy. The Given the Framers’ intense focus on Framers’ original understanding and Framers knew all about it, and they danger to elections and the peaceful intent, prior Senate practice, and com- strongly supported the impeachment. transfer of power, it is inconceivable mon sense, confirms this rule. In fact, the Hastings case was invoked that they designed impeachment to be Let’s start with the text of the Con- by name at the convention. It was the a dead letter in the President’s final stitution. Article I, section 2 gives the only specific impeachment case that days in office when opportunities to House the sole power of impeachment they discussed at the convention. It interfere with the peaceful transfer of when the President commits high played a key role in their adoption of power would be most tempting and crimes and misdemeanors. We exer- the high crimes and misdemeanors most dangerous, as we just saw. Thus, cised that power on January 13. standard. And even though everyone as a matter of history and original un- The President, it is undisputed, com- there surely knew that Hastings had derstanding, there is no merit to Presi- mitted his offense while he was Presi- left office 2 years before his impeach- dent Trump’s claim that he can incite dent, and it is undisputed that we im- ment trial began, not a single Fram- an insurrection and then insist weeks peached him while he was President. er—not one—raised a concern when later that the Senate lacks the power There can be no doubt that this is a Virginian George Mason held up the to even hear evidence at a trial, to valid and legitimate impeachment, and Hastings impeachment as a model for even hold a trial. there can be no doubt that the Senate us in the writing of our Constitution. The true rule was stated by former has the power to try this impeachment. The early State constitutions sup- President John Quincy Adams when he We know this because article I, section ported the idea too. Every single State categorically declared:

VerDate Sep 11 2014 01:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.003 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S592 CONGRESSIONAL RECORD — SENATE February 9, 2021 I hold myself, so long as I have the breath gress. Four days later, the House of trial since it rejected pretrial dis- of life in my body, amenable to impeachment Representatives impeached him. A day missal, affirmed its jurisdiction, and by [the] House for everything I did during after that, this body, the United States moved to a full consideration of the the time I held any public office. Senate, expelled him from office, so he merits. When he comes up in a minute, my was very much a former official. Now, Belknap ultimately was not colleague Mr. NEGUSE of Colorado will Despite that, the House went forward convicted but only after a thorough further pursue the relevant Senate with its impeachment proceeding in public inquiry into his misconduct, precedents and explain why this body’s order to disqualify him from ever again which created a record of his wrong- practice has been supported by the text holding Federal office. And so the Sen- doing. It ensured his accountability of the Constitution, and Mr. CICILLINE ate proceeded with the trial with none and deterred anyone else from consid- of Rhode Island will then respond to other than Thomas Jefferson presiding. ering such corruption by making clear the fallacies presented by the Presi- Now, Blount argued that the Senate that it was intolerable. The trial dent’s counsel. After these gentlemen couldn’t proceed because he had al- served important constitutional pur- speak, I will return to discuss the im- ready been expelled. But here is the in- poses. portance—the fundamental importance teresting thing: He expressly disavowed Now, given that precedent that I de- of the Senate rejecting President any claim that former officials can’t scribed to you, given all that that Trump’s argument for the preservation ever be impeached. And unlike Presi- precedent imparts, you could imagine of democratic self-government and the dent Trump, he was very clear that he my surprise—Lead Manager RASKIN’s rule of law in the United States of respected and understood that he could surprise—when we were reviewing a America. not even try to argue that ridiculous trial brief filed by the President in I now turn it over to my colleague, position. which his counsel insists that the Sen- Mr. NEGUSE of Colorado. Even impeached Senator Blount rec- ate actually didn’t decide anything in Mr. Manager NEGUSE. Mr. Presi- ognized the inherent absurdity of that the Belknap case. They say—these are dent, distinguished Senators, my name view. Here is what he said: not my words. I will quote from their is JOE NEGUSE, and I represent Colo- I certainly never shall contend, that an of- trial brief: rado’s Second Congressional District in ficer may first commit an offense, and after- wards avoid by resigning his office. [It] cannot be read as foreclosing an argu- the United States Congress. ment that they never dealt with. That is the point. And there was no Like many of you, I am an attorney. Never dealt with? The Senate didn’t I practiced law before I came to Con- doubt because the Founders were around to confirm that that was their debate this question for 2 hours. The gress, tried a lot of different cases, Senate debated this very question for 2 some more unique than others, cer- intent and the obvious meaning of what is in the Constitution. weeks. The Senate spent an additional tainly never a case as important as 2 weeks deliberating on the jurisdic- this one, nor a case with such a heavy Fast-forward 80 years later—arguably the most important precedent that this tional question. And at the end of and weighty constitutional question those deliberations, they decided deci- for you all to decide. body has to consider—the trial of former Secretary of War William sively that the Senate has jurisdiction Thankfully, as Lead Manager RASKIN and that it could proceed, that it must so thoroughly explained, the Framers Belknap. I am not going to go into all the details, but, in short, in 1876, the proceed to a full trial. have answered that question for you, By the way, unlike Belknap, as we for us, and you don’t need to be a con- House discovered that he was involved in a massive kickback scheme. Hours know, President Trump was not im- stitutional scholar to know that the peached for run-of-the-mill corruption, argument President Trump asks you to before the House Committee had dis- covered this conduct, released its re- misconduct. He was impeached for in- adopt is not just wrong, it is dan- citing a violent insurrection—an insur- gerous. And you don’t have to take my port documenting the scheme, Belknap literally rushed to the White House to rection where people died in this build- word for it. This body, the world’s resign, tender his resignation to Presi- ing, an insurrection that desecrated greatest deliberative body, the United dent Ulysses Grant to avoid any fur- our seat of government. And if Con- States Senate, has reached that same ther inquiry into his misconduct, and, gress were just to stand completely conclusion in one form or another over of course, to avoid being disqualified aside in the face of such an extraor- the past 200 years on multiple occa- from holding Federal office in the fu- dinary crime against the Republic, it sions that we will go through. Over 150 ture. would invite future Presidents to use constitutional scholars, experts, Later that day, aware of the resigna- their power without any fear of ac- judges—conservative, liberal, you tion, what did the House do? The House countability. And none of us—I know name it—they overwhelmingly have moved forward and unanimously im- this—none of us, no matter our party reached the same conclusion, that, of peached him, making clear its power to or our politics, wants that. course, you can try, convict, and dis- impeach a former official. And when Now, we have gone through the high- qualify a former President. And that his case reached the Senate—this lights of the precedent, and I think it makes sense because the text of the body—Belknap made the exact same is important that you know, as Lead Constitution makes clear there is no argument that President Trump is Manager RASKIN mentioned, that January exception to the impeachment making today, that you all lack juris- scholars, overwhelmingly, that re- power; that Presidents can’t commit diction, any power, to try him because viewed this same precedent have all grave offenses in their final days and he is a former official. come to the same conclusion that the escape any congressional response. Now, many Senators at that time, Senate must hear this case. That is not how our Constitution when they heard that argument—lit- Let’s go through just a few short ex- works. erally, they were sitting in the same amples. To start, all of us, I know, are Let’s start with the precedent, with chair as you all are sitting in today— familiar with the Federalist Society. what has happened in this very Cham- they were outraged by that argument— Some of you may know Steven ber. I would like to focus on just two outraged. You can read their comments Calabresi personally. He is the co- cases. I will go through them quickly. in the RECORD. They knew it was a dan- founder of the Federalist Society. Ac- One of them is the Nation’s very first gerous, dangerous argument with dan- tually, he was the chairman of the impeachment case, which actually was gerous implications. It would literally board in 2019. He was the first president of a former official. mean that a President could betray of the Yale Federalist Society chapter In 1797, about a decade after our their country, leave office, and avoid board, a position I understand Senator country ratified our Constitution, impeachment and disqualification en- HAWLEY later held. there was a Senator from Tennessee by tirely. And that is why, in the end, the Here is what Mr. Calabresi has to the name of William Blount, who was United States Senate decisively voted say. On January 21, he issued a public caught conspiring with the British to that the Constitution required them to letter stating: try to sell Florida and Louisiana. Ulti- proceed with the trial. Our carefully considered views of the law mately, President Adams caught him. The Belknap case is clear precedent lead all of us to agree that the Constitution He turned over the evidence to Con- that the Senate must proceed with this permits the impeachment, conviction, and

VerDate Sep 11 2014 01:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.005 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S593 disqualification of former officers, including Finally, last quote from Professor not extend further than’’ removal and presidents. Turley that ‘‘no man in no cir- disqualification. And by the way, he is not the only cumstance, can escape the account, That is it. The meaning is clear. The one, as Lead Manager RASKIN said— which he owes to the laws of his coun- Senate has the power to impose re- President Reagan’s former Solicitor try.’’ Not my words, not Lead Manager moval, which only applies to current General, among many others. RASKIN’s words—Professor Jonathan officials. And, separately, it has the Another prominent conservative Turley’s words. I agree with him be- power to impose disqualification, scholar known to many of you, again, cause he is exactly right. which obviously applies to both cur- personally is a former Tenth Court of Now, a question one might reason- rent and former officers. But it doesn’t Appeals judge—my circuit—Judge Mi- ably ask after going through all those have the power to go any further than chael McConnell. He was nominated by quotes from such noted jurists and that. President George W. Bush. He was con- scholars: Why is there such agreement Now, as I understand President firmed by this body unanimously. Sen- on this topic? Well, the reason is pretty Trump’s argument, they believe that ator Hatch—many of you served with— simple. It is because it is what the Con- this language somehow says that dis- he had this to say about Judge McCon- stitution says. qualification can only follow the re- nell, that he ‘‘is an honest man. He I want to walk you through three moval of a current officer, but it calls it as he sees it, and he is beholden provisions of the Constitution that doesn’t. That interpretation essen- to no one and no group.’’ make clear that the Senate must try tially rewrites the Constitution. It Well, what does Judge McConnell this case. adds words that aren’t there. I mean, have to say about the question that First, let’s start with what the Con- after all, the Constitution does not say you are debating this afternoon? He stitution says about Congress’s power ‘‘removal from office and then disquali- said the following: in article I. You heard Lead Manager fication.’’ It doesn’t say ‘‘removal from Given that the impeachment of President RASKIN make this point, but it is worth office followed by disqualification.’’ It Trump was legitimate, the text makes clear underscoring. Article I, section 2 gives simply says the Senate can’t do more that the Senate has power to try that im- peachment. the House ‘‘sole Power of Impeach- than two possible sentences: removal ment.’’ Article I, section 3 gives the and disqualification. You heard Lead Manager RASKIN This, by the way, is not the first time mention another lawyer, Chuck Coo- Senate the ‘‘sole Power to try all Im- that this direct question has been de- per, a prominent conservative lawyer peachments.’’ Based on President Trump’s argu- bated in this Chamber. One hundred here in Washington. He has represented ment, one would think that language forty-six years ago, during the Belknap former Attorney General Jeff Sessions includes caveats, exceptions, but it trial, Senator George Edmunds of and House Minority Leader KEVIN doesn’t. It doesn’t say ‘‘Impeachment Vermont was one of the most pres- MCCARTHY. He issued an editorial just 2 tigious Republican Senators of his days ago, very powerful, observing that of current civil officers.’’ It doesn’t say time. He sat right where Senator ‘‘scholarship on this question has ma- ‘‘Impeachment of those still in office.’’ tured substantially’’ and that, ulti- The Framers didn’t mince words. GRASSLEY sits today. He zeroed in on mately, arguments that President They provided express, absolute, un- this exact point during the Belknap Trump is championing are beset by qualified grants of jurisdictional power trial. This is his quote: ‘‘serious weaknesses.’’ to the House to impeach and the Sen- Finally, I have gone through a lot of ate to try all impeachments—not some, A prohibition against doing more than two scholars. I will finish on this one. all. things cannot be turned into a command to do both or neither. There is another scholar that I know Former Judge McConnell, the judge some of you know and some of you that we talked about earlier, he pro- And just imagine the consequences of have actually spoken with recently. Up vides very effective textual analysis of such an absurd interpretation of the until just a few weeks ago, he was a this provision. You can see it up here Constitution. If President Trump were recognized champion—champion—of on the slide. I will just give you the right about that language, then offi- the view that the Constitution author- highlight. He says—and I will quote. cials could commit the most extraor- izes the impeachment of former offi- This is Judge McConnell: dinary, destructive offenses against the cials. And that is Professor Jonathan Given that the impeachment of Mr. Trump American people—high crimes and mis- Turley. was legitimate, the text makes clear that demeanors. They would have total con- Let me show you what I mean. These the Senate has power to try that impeach- trol over whether they could ever be are his words. First, in a very detailed ment. impeached and, if they are, whether study, thorough study, he explained Now, again, here is what—it is pretty the Senate can try the case. If they that ‘‘the resignation from office does interesting to me at least. We pre- want to escape any public inquiry into not prevent trial on articles of im- sented this argument in our trial brief, their misconduct or the risk of dis- peachment.’’ which we filed over a week ago, where qualification from future office, then it Those are Professor Turley’s words. we laid it out step by step so that you is pretty simple. They could just resign Same piece. He celebrated the Belknap could consider it and so that opposing 1 minute before the House impeaches trial. He described it as ‘‘a corrective counsel could consider it as well. or even 1 minute before the Senate measure that helped the system regain We received President Trump’s re- trial or they could resign during the legitimacy.’’ sponse yesterday, and the trial brief of- Senate trial if it is not looking so well. He wrote another article—he has fers no rebuttal to this point—none. In That would effectively erase ‘‘disquali- written several on this topic. This one fairness, I can’t think of any con- fication’’ from the Constitution. It is actually a 146-page study, very de- vincing response. I mean, the Constitu- would put wrongdoers in charge of tailed. tion is just exceptionally clear on this whether the Senate can try them. In that study, he said that the deci- point. Now, perhaps they will have The third and final reason why Presi- sion in Belknap was ‘‘correct in its something to say today about it, but dent Trump must stand trial: the pro- view that impeachments historically they did not yesterday. vision of article I of the Constitution. had extended to former officials, such There is another provision worth You will see here on the screen that as Warren Hastings,’’ who you heard mentioning here because there has the Constitution twice describes the Lead Manager RASKIN describe. been a lot of confusion about it. I am accused in an impeachment trial. Here In fact, as you can see, Professor going to try to clear this up. This is is what I want you to focus on. The in- Turley argued the House could impeach the provision on removal and disquali- teresting thing is notice the words. It and the Senate could have tried Rich- fication. We all know the Senate im- refers to a ‘‘person’’ and a ‘‘party’’ ard Nixon after he resigned. His quote poses a judgment only when it con- being impeached. Now, again, we know on this is very telling: ‘‘Future Presi- victs. Up on the screen, you will see ar- that the Framers gave a lot of thought dents could not assume that mere res- ticle I, section 3, clause 7. With that in to the words that they chose. They ignation would avoid a trial of their mind, the language says that if the even had a style committee during the conduct’’ in the United States Senate. Senate convicts, the judgment ‘‘shall Constitutional Convention. They could

VerDate Sep 11 2014 01:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.007 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S594 CONGRESSIONAL RECORD — SENATE February 9, 2021 have written ‘‘civil officers’’ here. They brief—a 75-page brief—they struggled damentally, impeachment exists to did that elsewhere in the Constitution. to find any professors to support their protect our constitutional system, to That would, ultimately, have limited position. They did cite one professor, keep each of us safe, to uphold our free- impeachment trials to current offi- though, Professor Kalt, an expert in dom, to safeguard our democracy. It cials, but, instead, they used broader this field, who they claim agreed with achieves that by deterring abuse of the language to describe who could be tried them that the only purpose of impeach- extraordinary power that we entrust to by the United States Senate. ment is removal. Professor Kalt’s posi- our Presidents from the very first day So who could be put on trial for im- tion, which they had to have known be- in office to the very last day. It also peachment other than civil officers? cause it is in the article that they cite ensures accountability for Presidents Who else could a ‘‘person’’ or a ‘‘party’’ in the brief, is that ‘‘removal’’ is ‘‘not who harm us or our government. In the be? Well, really, there is only one pos- the sole end of impeachment.’’ Actu- aftermath of a tragedy, it allows us an sible answer: former officers. ally, in that same article, he describes opportunity to come together and to And, again, that actually might ex- the view advocated by President heal by working through what hap- plain why, during the Belknap trial, Trump’s lawyers as having ‘‘deep pened and reaffirming our constitu- Senator Thomas Bayard, of Delaware, flaws.’’ tional principles, and it authorizes this who later became the Secretary of Again, you do not have to take my body and this body alone to disqualify State for the United States—he sat word for it. You can take Professor from our political system anybody right where Senator CARPER is sitting Kalt’s word for it, the professor they whose conduct in office proves that now—he found this point so compelling cited in their brief, filed yesterday, be- they present a danger to the Republic. that he felt compelled to speak out on cause he tweeted about it on the screen But impeachment would fail to achieve it. During the trial, he concluded that here. This is what he had to say. I am these purposes if you created, for the first time ever, despite the words of the the Constitution must allow the im- not going to read through it in great Framers and the Constitution, a Janu- peachment and trial of people and par- detail. I will just simply give you the ary exception, as Mr. RASKIN explained. ties who are not civil officers, and the highlights. only group that could possibly encom- Now, I was a former defense lawyer pass was former officials like Belknap [President] Trump’s brief cites my 2001 ar- for many years, and I can understand ticle on late impeachment a lot. . . . But in why President Trump and his lawyers and, of course, here, like President several places, they misrepresent what I Trump. wrote quite badly. . . . There are multiple don’t want you to hear this case, why Just so we are clear, in full disclo- examples of such flat-out misrepresenta- they don’t want you to see the evi- sure, this is another argument that was tions. . . . They didn’t have to be disingen- dence, but the argument that you lack not addressed by President Trump in uous and misleading. . . . jurisdiction rests on a purely fictional his rebuttal, and we know why they This key constitutional scholar, re- loophole—purely fictional—designed to didn’t: because their argument doesn’t lied on by President Trump, said it just allow the former President to escape square with the plain text of the Con- right. all accountability for conduct that is stitution. There is one provision that I have explained in great detail the truly indefensible under our Constitu- President Trump relies on almost ex- many reasons the argument that Presi- tion. You saw the consequences of his clusively, article II, section 4. I am dent Trump advocates for here today is actions on the video that we played sure you will see it when they present wrong. I just want to close with a note earlier. I would like to emphasize in their arguments. about why it is dangerous. still greater detail the extraordinary constitutional offense that the former Their argument is that the language Lead Manager RASKIN explained that you will see on the screen somehow impeachment exists to protect the President thinks you have no power prevents you from holding this trial, American people from officials who whatsoever to adjudicate. While spreading lies about the elec- by making removal from office an ab- abuse their power, who betray them. It tion outcome, in a brazen attempt to solute requirement—but, again, where exists for a case just like this one. retain power against the will of the does the language say that? Where does Honestly, it is hard to imagine a American people, he incited an armed, it say anything in that provision about clearer example of how a President angry mob to riot—and not just any- your jurisdiction? In fact, this provi- could abuse his office: inciting violence where but here in the seat of our gov- sion isn’t even in the part of the Con- against a coequal branch of govern- stitution that addresses your author- ernment, in the Capitol, during a joint ment while seeking to remain in power ity. It is in article II, not article I, and session of Congress, when the Vice after losing an election—sitting back it certainly says nothing about former President presided while we carried out and watching it unfold. We all know officials. a peaceful transfer of power, which was President Trump’s interpretation the consequences. interrupted for the first time in our doesn’t square with history, Like every one of you, I was in the history. This was a disaster of historic originalism, textualism. In fact, even Capitol on January 6. I was on the floor proportion. It was also an unforgivable Chuck Cooper, the famous conservative with Lead Manager RASKIN. Like every betrayal of the oath of office of Presi- lawyer I mentioned earlier, with cli- one of you, I was evacuated as this vio- dent Trump, the oath he swore, an oath ents like the House minority leader, lent mob stormed the Capitol’s gates. that he sullied and dishonored to ad- has concluded that this provision of What you experienced that day, what vance his own personal interests. the Constitution that President Trump we experienced that day, what our And make no mistake about it, as relies on ‘‘cuts against’’ his position— country experienced that day was the you think about that day, things could his words—and that is because, as Coo- Framers’ worst nightmare coming to have been much worse. As one Senator per says, article II, section 4 means life. Presidents can’t enflame insurrec- said, they could have killed all of us. It just what it says. The first half de- tion in their final weeks and then walk was only the bravery and sacrifice of scribes what an official must do to be away like nothing happened. Yet that the police, who suffered deaths and in- impeached—namely, commit high is the rule that President Trump asks juries as a result of President Trump’s crimes and misdemeanors—and the sec- you to adopt. actions, that prevented greater trag- ond half describes what happens when I urge you, we urge you to decline his edy. civil officers of the United States, in- request, to vindicate the Constitution, At trial, we will prove with over- cluding the sitting President, are con- to let us try this case. whelming evidence that President victed: removal from office. That is it. Mr. Manager CICILLINE. Mr. Presi- Trump is singularly and directly re- In Cooper’s words: dent, distinguished Senators, my name sponsible for inciting the assault on It simply establishes what is known in is DAVID CICILLINE. I have the honor of the Capitol. We will also prove that his criminal law as a ‘‘mandatory minimum’’ representing the First Congressional dereliction of duty, his desire to seek punishment. District of Rhode Island. personal advantage from the mayhem, It says nothing about former offi- As I hope is now clear from the argu- and his decision to issue tweets, fur- cials, nothing at all. ments of Mr. RASKIN and Mr. NEGUSE, ther inciting the mob by attacking the Given all of that, it is not surprising impeachment is not merely about re- Vice President, all compounded the al- that, in President Trump’s legal trial moving someone from office. Fun- ready enormous damage.

VerDate Sep 11 2014 03:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.008 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S595 Now, virtually every American who arising from an impeachment that oc- that the Chief Justice preside isn’t saw those events unfold on television curred while he was an official, poses triggered. Instead, the normal rules of was absolutely horrified by the events absolutely no risk whatsoever of sub- any impeachment of anyone other than of January 6, but we also know how jecting a private citizen to impeach- the sitting President apply, and under President Trump himself felt about the ment for their private conduct. those rules, the President Pro Tem- attack. He told us. Here is what he To emphasize the point, President pore, Senator LEAHY, can preside. tweeted at 6:01 as the Capitol was in Trump was impeached while he was in And, of course, this makes perfect shambles and as dozens of police offi- office for conduct in office—period. sense. The Chief Justice presides be- cers and other law enforcement officers The alternative, once again, is this cause, when the current President is on lay battered and bruised and bloodied. January exception, in which our most trial, if the Chief Justice doesn’t pre- Here is what he said: powerful officials can commit the most side, the Vice President presides, and it These are the things and events that hap- terrible abuses and then resign, leave would be a conflict for someone to pre- pen when a sacred landslide election victory office, and suddenly claim that they side over a trial that would become is so unceremoniously & viciously stripped are just a private citizen who can’t be President if there was a conviction. So away from great patriots who have been held accountable at all. there isn’t that concern when you have badly & unfairly treated for so long. Go In the same vein, President Trump a former President on trial, or, for that home with love & in peace. Remember this and his lawyers argue that he shouldn’t matter, when you have anyone on trial day forever! be impeached because it will set a bad other than the current President, Every time I read that tweet, it precedent for impeaching others. But which is why the Chief Justice presides chills me to the core. The President of that slippery slope argument is also in- only in that single case, and why this the United States sided with the insur- correct. For centuries, the prevailing is exactly the Presiding Officer the rectionists. He celebrated their cause. view has been that former officials are Constitution and the Senate rules re- He validated their attack. He told subject to impeachment. We just heard quire. them, ‘‘Remember this day forever,’’ a full discussion of that. The House has As a fallback, President Trump and hours after they marched through repeatedly acknowledged that fact. his lawyers may argue today that he these halls looking to assassinate Vice But in the vast majority of cases, the should get a free pass on inciting an President Pence, the Speaker of the House has rightly recognized that an armed insurrection against the United House, and any of us they could find. official’s resignation or departure States Government and endangering Given all that, it is no wonder that makes the extraordinary step of im- Congress because, as he would put it, President Trump would rather talk peachment unnecessary and maybe this impeachment is somehow uncon- about jurisdiction and a supposed Jan- even unwise. stitutional. uary exception rather than talk about As a House manager rightly ex- So far as I understand it, from read- what happened on January 6. plained in the Belknap case, and I ing the pleadings in this case, this de- Make no mistake, his arguments are quote: fense involves cobbling together a dead wrong. They are distractions from There is no likelihood that we shall ever bunch of meritless legal arguments, all what really matters. The Senate can unlimber [the] clumsy and bulky monster of them attempting to focus on sub- and should require President Trump to piece of ordinance to take aim at an object stance rather than jurisdiction and in- stand trial. from which all danger has gone by. sisting that these kitchen-sink objec- My colleagues have already ad- President Trump’s case, though, is tions lead the Senate to not try the dressed many of President Trump’s ef- different. The danger has not ‘‘gone case. forts to escape trial. I would like to by.’’ His threat to democracy makes Since they may raise these points, at cover the remainder and then address any prior abuse by any government of- this juncture I feel obliged, really, to the broader issues at stake in this ficial pale in comparison. address them. trial. Moreover, allowing his conduct to He may argue, for example, that he For starters, in an extension of his pass without the most decisive re- didn’t receive enough process in the mistaken reading of the Constitution, sponse would itself create an extraor- House, even though the House pro- President Trump insists that he cannot dinary danger to the Nation, inviting ceedings are more like a grand jury ac- face trial in the Senate because he is further abuse of power and signaling tion, which is followed later by trial in merely a private citizen. He references that the Congress of the United States the Senate, with a full presentation of here the bill of attainder clause. is unable or unwilling to respond to in- evidence; even though the evidence of But as Mr. NEGUSE just explained, surrection incited by the President. his high crimes and misdemeanors is the Constitution refers to the defend- Think about that. overwhelming and supported by a huge ant in an impeachment trial as a ‘‘Per- To paraphrase Justice Robert Jack- public record; even though we are son’’ and a ‘‘Party,’’ and certainly he son, who said that precedent that I just going to put that evidence before you counts as one of those. described would lie about like a loaded at this trial; and even though he had a Let’s also apply some common sense. weapon, ready for the hand of any fu- full and fair opportunity to respond to There is a reason that he now insists ture President who decided in his final it before all of you; even though hun- on being called ‘‘the 45th President of months to make a play for unlimited dreds of others involved in the events the United States’’ rather than ‘‘Cit- power—think of the danger. of January 6 have already been charged izen Trump.’’ He isn’t a randomly se- Here is the rare case in which love of for their role in the attacks that the lected private citizen. He is a former the Constitution and commitment to President incited; and even though we officer of the United States Govern- our democracy required the House to invited him to voluntarily come here ment. He is a former President of the impeach. It is for the same reason, the and testify and tell his story, a re- United States of America. He is treated Senate can and must try this case. quest, as you know, that his lawyers differently under a law called the Next, President Trump will assert immediately refused, presumably be- Former Presidents Act. that it somehow is significant or it cause they understood what would hap- For 4 years, we trusted him with matters that the Chief Justice isn’t pen if he were to testify under oath. more power than anyone else on Earth. presiding over this trial. Regardless, President Trump’s proc- As a former President, who promised Let me state this very plainly: It ess arguments are not only wrong on on a Bible to use his power faithfully, does not matter. It is not significant. their own terms, but they are also he can and should answer for whether Under article I, section 3, ‘‘When the completely irrelevant to the question he kept that promise while bound by it President of the United States is tried, of whether you should hold this trial. in office. His insistence otherwise is the Chief Justice shall preside.’’ That question is answered by the Con- just wrong, and so is his claim that There is only one person who is stitution, and the answer is yes. there is a slippery slope to impeaching President of the United States at a In addition, separate from his due private citizens if you proceed. time. Right now, Joseph R. Biden, Jr., process complaints, President Trump The trial of a former official for is the 46th President of the United and his counsel—particularly his coun- abuses he committed as an official, States. As a result, the requirement sel—have both said on TV that to

VerDate Sep 11 2014 01:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.009 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S596 CONGRESSIONAL RECORD — SENATE February 9, 2021 counter the undisputed evidence of hear this case, as authorized and as, in- And this is exactly what the Constitu- what actually happened in this case, deed, required by our history and by tion calls for. The Framers’ original you will see video clips. They will show the Constitution. understanding, this Chamber’s own video clips of other politicians, includ- President Trump’s lawyers will say, I precedent, and the very words used in ing Democratic politicians, using what expect, that you should dismiss his the Constitution all confirm unques- they consider incendiary language. case so that the country can ‘‘move tionably, indisputably, that President Apparently, they think this will es- on.’’ They will assert that this im- Trump must stand trial for his high tablish some sort of equivalency or peachment is partisan, and that the crimes and misdemeanors against the that it will show, in contrast, that spirit of bipartisanship and bipartisan American people. President Trump’s statements at the cooperation requires us to drop the We must not, we cannot continue Save America rally weren’t so bad. case and march forward in unity. down the path of partisanship and divi- Like so much of what President With all due respect, every premise sion that has turned the Capitol into Trump’s lawyers might say today, that and every conclusion of that argument an armed fortress. is a gimmick. It is a parlor game, is wrong. Senators, it now falls to you to bring meant to inflame partisan hostility Just weeks ago—weeks ago—the our country together by holding this and play on our divisions. President of the United States literally trial and, once all the evidence is be- So let me be crystal clear. President incited an armed attack on the Capitol, fore you, by delivering justice. Trump was not impeached because the our seat of government, while seeking Mr. Manager RASKIN. Senators, Mr. words he used, viewed in isolation, to retain power by subverting an elec- President, to close, I want to say some- without context, were beyond the pale. tion he lost, and then celebrated the thing personal about the stakes of this Plenty of other politicians have used attack. decision whether President Trump can strong language. But Donald J. Trump People died. People were brutally in- stand trial and be held to account for jured. President Trump’s actions en- was President of the United States. He inciting insurrection against us. dangered every single Member of Con- sought to overturn a Presidential elec- This trial is personal indeed for every gress, his own Vice President, thou- tion that had been upheld by every sin- Senator, for every Member of the sands of congressional staffers, and our gle court to consider it. He spent House, every manager, all of our staff, own Capitol Police and other law en- months insisting to his base that the the Capitol Police, the Washington, forcement. DC, Metropolitan Police, the National only way he could lose was a dan- This was a national tragedy, a dis- Guard, the maintenance and custodial gerous, wide-ranging conspiracy aster for America’s standing in the crews, the print journalists and TV against them and America itself. world, and President Trump is sin- people who were here, and all of our He relentlessly attempted to per- gularly responsible for inciting it. suade his followers that the peaceful As we will prove, the attack on the families and friends. I hope this trial transfer of power that was taking place Capitol was not solely the work of ex- reminds America how personal democ- in the Capitol was an abomination that tremists lurking in the shadows. In- racy is and how personal is the loss of had to be stopped at all costs. deed, does anyone in this Chamber hon- democracy too. He flirted with groups like the Proud estly believe that, but for the conduct Distinguished Members of the Sen- Boys, telling them to ‘‘stand back and of President Trump, that charge in the ate, my youngest daughter, Tabitha, stand by,’’ while endorsing violence Article of Impeachment, that that at- was there with me on Wednesday, Jan- and sparking death threats to his oppo- tack at the Capitol would have oc- uary 6. It was the day after we buried nents. curred? Does anybody believe that? her brother, our son Tommy, the sad- He summoned an armed, angry, and And now his lawyers will come before dest day of our lives. Also there was dangerous crowd that wanted to keep you and insist, even as the Capitol is my son-in-law Hank, who is married to him in power and was widely reported still surrounded with barbed wire and our oldest daughter, Hannah, and I con- to be poised on a hair trigger for vio- fences and soldiers, that we should just sider him a son, too, even though he lence at his direction. move on, let bygones be bygones, and eloped with my daughter and didn’t He then made his heated statements allow President Trump to walk away tell us what they were going to do. But in circumstances where it was clear, without any accountability, any reck- it was in the middle of COVID–19. where it was foreseeable, that those oning, any consequences. That cannot But the reason they came with me statements would spark extraordinary, be right. That is not unity. That is the that Wednesday, January 6, was be- imminent violence. path to fear of what future Presidents cause they wanted to be together with He then failed to defend the Capitol, could do. me in the middle of a devastating week the Congress, and the Vice President So there is a good reason why this for our family, and I told them I had to during the insurrection, engaging in Article of Impeachment passed the go back to work because we were extraordinary dereliction of duty and House with bipartisan support. The counting electoral votes that day on desertion of duty that was only pos- principles at stake belong to all Ameri- January 6. It was our constitutional sible because of the high office he held. cans through all walks of life. We have duty. And I invited them instead to He issued statements during the in- a common interest in making clear come with me to witness this historic surrection targeting the Vice President that there are lines nobody can cross, event, the peaceful transfer of power in and reiterating the very same lies especially the President of the United America. And they said they heard about the election that had launched States, and so we share an interest in that President Trump was calling on the violence in the first place. this trial where the truth can be shown his followers to come to Washington to And he issued a tweet 5 hours after and where President Trump can be protest, and they asked me directly: the Capitol was sacked in which he called to account for his offenses. Would it be safe? Would it be safe? And sided with the bad guys. William Faulkner famously wrote I told them: Of course it should be safe. We all know that context matters, that ‘‘the past is never dead.’’ But this This is the Capitol. that office and meaning and intent and isn’t even the past. This just happened. STENY HOYER, our majority leader, consequences matter. Simply put, it It is still happening. Look around as had kindly offered me the use of his of- matters when and where and how we you come to the Capitol and come to fice on the House floor because I was speak. The oaths we have sworn and work. I really do not believe that our one of the managers that day and we the power we hold matter. attention span is so short, that our were going through our grief. So Tab- President Trump was not impeached sense of duty so frail, our factional loy- itha and Hank were with me in STENY’s because he used words that the House alty so all-consuming, that the Presi- office as colleagues dropped by to con- decided are forbidden or unpopular. He dent can provoke an attack on Con- sole us about the loss of our middle was impeached for inciting armed vio- gress itself and get away with it just child, Tommy, our beloved Tommy. lence against the Government of the because it occurred near the end of his Mr. NEGUSE and Mr. CICILLINE actu- United States of America. term. ally came to see me that day. Dozens of This leads me to a few final thoughts After a betrayal like this, there can- Members—lots of Republicans, lots of about why it is so important for you to not be unity without accountability. Democrats—came to see me, and I felt

VerDate Sep 11 2014 01:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.011 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S597 a sense of being lifted up from the People died that day. Officers ended Certainly, as an FOP member and a agony, and I won’t forget their tender- up with head damage and brain dam- member of many police organizations ness. age. People’s eyes were gouged. An offi- myself, we mourn the loss of the Cap- Through the tears, I was working on cer had a heart attack. An officer lost itol Police officer, whom I understand a speech to the floor when we would all three fingers that day. Two officers is laying not too far away from here. be together in joint session, and I have taken their own lives. And, you know, many of you in this wanted to focus on unity when we met Senators, this cannot be our future. room, over your careers, before they in the House. I quoted Abraham Lin- This cannot be the future of America. reached this summit here in the Sen- coln’s famous 1878 Lyceum speech, We cannot have Presidents inciting and ate, would have had times where you where he said that if division and de- mobilizing mob violence against our represented your local communities as struction ever come to America, it government and our institutions be- assistant district attorneys, assistant won’t come from abroad, it will come cause they refuse to accept the will of Commonwealth attorneys, assistant from within, said Lincoln, and in that the people under the Constitution of State attorneys. And you know this to same speech, Lincoln passionately de- the United States. Much less can we be true—that when a horrific event oc- plored mob violence. This was right create a new January exception in our curred in your county or in your juris- after the murder of Elijah Lovejoy, the precious, beloved Constitution that diction, if it was a State jurisdiction, abolitionist newspaper writer. Lincoln prior generations have died for and you know that there was a terrible out- deplored mob violence, and he deplored fought for, so that corrupt Presidents cry, and the public immediately reacts mob rule, and he said it would lead to have several weeks to get away with with a desire that someone pay because tyranny and despotism in America. whatever it is they want to do. History something really bad happened. And That was the speech I gave that day does not support a January exception that is a natural reaction of human after the House very graciously and in any way, so why would we invent beings. It is a natural reaction of warmly welcomed me back. Tabitha one for the future? human beings because we are generally and Hank came with me to the floor, We close, Mr. President. a social people. We enjoy being around and they watched it from the Gallery, RECESS one another, even in DC. and when it was over, they went back Mr. SCHUMER. Mr. President, I ask We recognize that people all the to that office, STENY’s office off of the unanimous consent that there now be a world over, and especially Americans House floor. They didn’t know that the 10-minute break. I ask unanimous con- who share that special bond with one House had been breached yet and that sent that the Senate recess for 10 min- another, love the freedoms that this an insurrection or a riot or a coup had utes. country gives us. And we all feel that if come to Congress, and by the time we There being no objection, at 2:41 somebody is unsafe when they are learned about it, about what was going p.m., the Senate, sitting as a Court of walking down the street, that the next on, it was too late. I couldn’t get out Impeachment, recessed until 3:01 p.m.; person who is unsafe could be you, your there to be with them in that office. whereupon the Senate reassembled spouse, one of your children, some And all around me, people were calling when called to order by the President other person that you love and know their wives and their husbands and pro tempore. personally. The PRESIDENT pro tempore. Mr. their loved ones to say goodbye. So you will never hear anybody rep- Members of Congress in the House Castor has 2 hours, and Mr. RASKIN has resenting former President Trump say were removing their congressional pins 33 minutes. so they wouldn’t be identified by the Mr. Counsel CASTOR. May I proceed, anything at all other than what hap- mob as they tried to escape the vio- Mr. President? pened on January 6 and the storming lence. Our new Chaplain got up and The PRESIDENT pro tempore. You and breaching of the Capitol should be said a prayer for us, and we were told may. denounced in the most vigorous terms, to put our gas masks on, and then COUNSELS’ OPENING STATEMENTS nor that those persons responsible there was a sound I will never forget, Mr. Counsel CASTOR. Mr. President should be prosecuted to the fullest ex- the sound of pounding on the door like and Members of the U.S. Senate, thank tent that our laws allow. a battering ram, the most haunting you for taking the time to hear from Indeed, I have followed some of those sound I have ever heard, and I will me. cases and those prosecutions, and it never forget it. My name is Bruce Castor. I am the seems to me that we are doing a pretty My chief of staff, Julie Tagen, was lead prosecutor—lead counsel—for the good job of identifying and prosecuting with Tabitha and Hank, locked and 45th President of the United States. I those persons who committed those of- barricaded in that office, the kids hid- was an assistant DA for such a long fenses. And I commend the FBI and the ing under the desk, placing what they time, I keep saying ‘‘prosecutor,’’ but I District of Columbia police and the thought were their final texts and do understand the difference, Mr. other Agencies for their work. whispered phone calls to say their RASKIN. It is natural to recoil. It is an imme- goodbyes. They thought they were Before I begin, I want to comment on diate thing. It comes over you without going to die. My son-in-law had never the outstanding presentation from our your ability to stop it, the desire for even been to the Capitol before. opponents and the emotion that cer- retribution. Who caused this awful When they were finally rescued over tainly welled up in Congressman thing? How do we make them pay? an hour later by Capitol officers and we RASKIN about his family being here We recognize in the law—and I know were together, I hugged them, and I during that terrible day. many of you are lawyers. Probably, apologized, and I told my daughter You will not hear any member of the lawyers—some of you have been a law- Tabitha, who is 24 and a brilliant alge- team representing former President yer for 35 years, longer than me— bra teacher in Teach for America now, Trump say anything but, in the strong- many, longer than me, probably. And I told her how sorry I was, and I prom- est possible way, denounce the violence we know we have a specific body of law ised her that it would not be like this of the rioters and those who breached that deals with passion and rage, blind- again the next time she came back to the Capitol, the very citadel of our de- ing logic and reason. That is the dif- the Capitol with me. And do you know mocracy—literally, the symbol that ference between manslaughter and what she said? She said: Dad, I don’t flashes on television whenever you are murder. want to come back to the Capitol. trying to explain that we are talking Manslaughter is the killing of a Of all the terrible, cruel things I saw about the United States, an instant human being upon sudden and intense and I heard on that day and since then, symbol. To have it attacked is repug- provocation. But murder is done with that one hit me the hardest, that and nant in every sense of the word. cold blood and reflective thought. watching someone use an American The loss of life is horrific. I spent We are so understanding of the con- flagpole, with the flag still on it, to many long years prosecuting homicide cept that people’s minds can be over- spear and pummel one of our police of- cases, catching criminals who com- powered with emotion, where logic ficers, ruthlessly, mercilessly tortured mitted murders. I have quite an exten- does not immediately kick in, that we by a pole with a flag on it that he was sive experience in dealing with the have recognized examples that other- defending with his very life. aftermath of those things. wise would be hearsay, and said that,

VerDate Sep 11 2014 03:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.012 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S598 CONGRESSIONAL RECORD — SENATE February 9, 2021 no, when you are driving down the others because these are your people. I know you aren’t allowed to talk, street and you look over at your wife These are the people who sent you here but I don’t see either one of them and you say: ‘‘Hey, you know what, to do their work. They trusted you jumping up and saying I am wrong that guy is about to drive through the with the responsibility of representa- about that because I think that that is red light and kill that person,’’ your tive government. what happens. I think United States wife can testify to what you said be- You know, I feel proud to know my Senators try to listen to each other’s cause, even though it is technically Senators—Senator CASEY, up here in views. I think United States Senators hearsay, it is an exception because it is the back, and Senator TOOMEY, over to try to do what is right for the country, the event living through the person. the left. and far down is partisanship. Why? No opportunity for reflective You know, it is funny. This is an In our system of government, and if thought. aside, but it is funny. Do you ever no- you read the Federalist Papers—we are There are all sorts of examples that tice how, when you are talking or you very fortunate because the Federalist we recognize in the law for why people hear others talking about you, when Papers were authored as an expla- immediately desire retribution, imme- you are home in your State, they will nation for why it is the States, the diately recognize in the law that people say, ‘‘You know, I talked to my Sen- original States, should adopt the Con- can be overcome by events. ator’’ or ‘‘I talked to somebody on the stitution. These were persuasive docu- And you know, Senators of the staff of my Senator’’? It is always ‘‘my ments about why the Constitution is a United States, they are not ordinary Senator.’’ good thing, because if the individual people. They are extraordinary peo- Why is it that we say ‘‘my Senator’’? State legislatures didn’t adopt the Con- ple—in the technical sense, extraor- We say that because the people you stitution, we would not have it. dinary people. represent are proud of their Senators. So Mr. Jay and Mr. Madison and Mr. When I was growing up in suburban They absolutely feel that connection of Hamilton, they had an incentive to ex- Philadelphia, my parents were big fans pride because that is not just PAT plain what they were thinking when of Senator Everett Dirksen from Illi- TOOMEY of Pennsylvania. That is my they wrote it because they are explain- nois. Senator Dirksen recorded a series Senator from Pennsylvania. Or BOB ing to other erudite people who rep- of lectures that my parents had on a CASEY from Scranton—that is my Sen- resent individual States why it is that record. We still know what records are, ator. they feel that this is the right thing to And you like that. People like that. right? The thing you put the needle do. And, in fact, as many of you well The people back home really do. know, Madison had to promise that down on and you play it. U.S. Senators have a reputation, and And here is little Bruce—8, 9, 10 years there would be a Bill of Rights imme- it is deserved. They have a reputation old—listening to this back in the 1960s. diately upon adoption or we wouldn’t for coolheadedness, being erudite—the have a Constitution. Even then there And I would be listening to that voice. men and women who we send from If you ever heard Everett Dirksen’s was horse trading going on in the legis- back home to DC to look after our in- voice, it is the most commanding, lative body of the United States. terests. We feel a sense of ownership gravelly voice that just oozes belief The other day, when I was down here and a sense of pride in our Senators. in Washington—I came down earlier in and sincerity. He must have been a There is plenty of times I have been phenomenal U.S. Senator. He doesn’t the week to try to figure out how to around in political gatherings where I find my way around. I worked in this talk about ordinary people, as we do in hear, There is no way Senator TOOMEY building 40 years ago. I got lost then, the law. We apply the ordinary person is going to allow that—I don’t mean to and I still do. standard. He talks about extraordinary pick you on, PAT—or There is no way But in studying the Constitution in people. He talks about ‘‘Gallant Men,’’ Senator CASEY is going to allow that— all the years I was a prosecutor, where which was the name of the album, and, because we feel pride. so many things depend on interpreta- now, of course, as a sign of the times, When something bad is potentially in tions of phrases in the Constitution, I gallant men and women. the wind, we expect our U.S. Senators learned that this body, which one of I would watch television, and I would not reacting to popular will and not re- my worthy colleagues said is the great- watch Senator Goldwater or Senator acting to popular emotions. We expect est deliberative body in the entire Byrd or Senator Mansfield or Senator them to do what is right, notwith- world—and I agree—that was—that Dole, and I would be fascinated by standing what is immediately and ex- particular aspect of our government these great men. pedient that the media tells us is the was intentionally created, if you read And everybody’s parents say this topic of the day. the Federalist Papers. when they are growing up: You could So Senators are patriots. Senators The last time a body such as the grow up to be a U.S. Senator. You are family men and women. They are United States Senate sat at the pin- could do that. They are just men and fierce advocates for the great State nacle of government with the responsi- women like you are. which they represent. And somewhere bility that it has today, it was hap- Well, then, Everett Dirksen tells us far down that list of attributes, way pening in Athens and it was happening that they are not; they are gallant men below patriot and way below love of in Rome. and women who do extraordinary family and country and way below Republicanism, the form of govern- things when their country needs them fierce advocates for their States, far ment republicanism, throughout his- to do it. down—at least that is what I thought, tory has always and without exception U.S. Senators really are different. I anyway, and I still think that. Some- fallen because of fights from within, have been around U.S. Senators before. where far down that list, Senators have because of partisanship from within, Two of them in this room from Penn- some obligation to be partisans, to rep- because of bickering from within. And sylvania, I would like to think, are resent a group of beliefs that are simi- in each one of those examples that I friendly toward me or at least friends lar to beliefs shared by other United mentioned—and there are certainly of mine when we are not politically ad- States Senators. others, probably, that are smaller verse. And I have been around their I understand that. And, in fact, I countries that lasted for less time that predecessors. have no problem with that system. It I don’t know about off the top of my One thing I have discovered, whether helps us debate and decide what is best head. it be Democrats or Republicans, U.S. for America, the robust debate of dif- But each one of them, once there was Senators are patriots first—patriots ferent points of view. And I dare say the vacuum created that the greatest first. They love their country. They that Senator SCHUMER and Senator deliberative bodies—the Senate of love their families. They love the MCCONNELL represent those things in Greece sitting in Athens, the Senate of States that they represent. this body and make sure that every- Rome—the moment that they devolved There isn’t a Member in this room thing is talked out and robustly de- into such partisanship, it is not as who has not used the term ‘‘I represent bated in this room before United States though they ceased to exist; they the great State of’’—fill in the blank. Senators make a decision of extreme ceased to exist as representative de- Why? Because they are all great? Yeah. importance to the people they rep- mocracy, both replaced by totali- But you think yours is greater than resent. tarianism.

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.015 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S599 Paraphrasing the famous quote from allowed to say that, and I will go to change in the makeup of the United Benjamin Franklin, who, as a Philadel- court and defend them if anything hap- States House of Representatives and phian, I feel as though I can do that be- pens to them as a result. If the govern- maybe a change in the makeup of the cause he is my Founding Father too: ment takes action against that State United States Senate, the pressure He who would trade liberty for some representative or that U.S. Representa- from those folks back home, especially temporary security deserves neither tive who wants to walk back her com- for Members of the House, is going to liberty nor security. If we restrict lib- ments, if the government takes action be tremendous because, remember, the erty to attain security, we will lose against her, I have no problem going Founders recognized that the argument both. into court and defending her right to that I started with, that political pres- And isn’t the way we have enshrined say those things, even though I don’t sure is driven by the need for imme- in the Constitution the concepts of lib- agree with them. diate action because something under erty that we think are critical, the This trial is not about trading liberty contemporary community standards very concepts of liberty that drove us for security. It is about trading—it is really horrific happened and the people to separate from Great Britain—and I about suggesting that it is a good idea represented by the Members of the can’t believe these fellas are quoting that we give up those liberties that we United States House of Representatives what happened prerevolution as though have so long fought for. We have sent become incensed. that is somehow of value to us. armies to other parts of the world to And what do you do if a Federal We left the British system. If we are convince those governments to imple- issue—you are back in suburban Phila- really going to use prerevolutionary ment the freedoms that we enjoy. delphia and something happens that history in Great Britain, then the This trial is about trading liberty for makes the people who live there in- precedent is we have a Parliament and the security from the mob? Honestly, censed? You call your Congressman. we have a King. Is that the precedent no, it can’t be. We can’t be thinking And your Congressman, elected every 2 that we are heading for? about that. We can’t possibly be sug- years, with their pulse on the people of Now, it is not an accident that the gesting that we punish people for polit- their district, 750,000 people, they re- very first liberty—if you grant me that ical speech in this country. And if peo- spond. And, boy, do they respond. The our liberties are enumerated in the Bill ple go and commit lawless acts as a re- Congressman calls you back, a staffer of Rights, it is not an accident that the sult of their beliefs and they cross the calls you back, and you get all the in- very first liberty in the first article of line, they should be locked up. formation that they have on the issue. the Bill of Rights is the First Amend- And, in fact, I have seen quite a num- Sometimes you even get invited to sub- ment, which says: ‘‘Congress shall ber of the complaints that were filed mit language that would improve make no law . . . abridging freedom of against the people who breached the whatever the issue is. speech,’’ and et cetera. ‘‘Congress shall Capitol. Some of them charged con- Well, when the pendulum swings, per- make no law . . . ’’—the very first one, spiracy. Not a single one I noticed haps the next person who gets im- the most important one, the ability to charged conspiracy with the 45th Presi- peached and is sent here for you to con- have free and robust debate, free and dent of the United States, probably be- sider is Eric Holder during Fast and robust political speech. cause prosecutors have an ethical re- Furious, the Attorney General of the Something that Mr. RASKIN and his quirement that they are not allowed to United States, or any other person team brought up is that it is somehow charge people with criminal offenses whom the other party considers to be a a suggestion from former President without probable cause. You might political danger to them down the road Trump’s team that when various public consider that. because of their avowed abilities and officials were not denouncing the vio- And if we go down the road that my being articulate and having a resume lence that we saw over the summer, very worthy adversary here, Mr. that shows that they are capable. that that was somehow the former RASKIN, asks you to go down, the flood- I picked Eric simply because I think President equating that speech to his gates will open. I was going to say it he has a tremendous—he has had a tre- own. Not at all. Exactly backwards. will—instead of ‘‘floodgates,’’ I was mendous career, and he might be some- I saw a headline: Representative so- going to say originally it will ‘‘release body whom some Republicans some- and-so seeks to walk back comments the whirlwind,’’ which is a Biblical ref- where might be worried about. So about—I forget what it was—something erence, but I subsequently learned, maybe the next person they go after is that bothered her. I was devastated since I got here, that that particular Eric Holder. when I saw that she thought it was phrase has already been taken, so I fig- And, you know, the Republicans necessary to go on television yesterday ured I had better change it to ‘‘flood- might regain the House in 2 years. His- or the day before and say she needs to gates.’’ tory does tend to suggest that the walk back her comments. But the political pendulum will shift party out of power in the White House She should be able to comment as one day. This Chamber and the Cham- does well in the midterm elections. much as she wants, and she should be ber across the way will change one day, Certainly, the 2020 elections, the House able to say exactly as she feels. And if and partisan impeachments will be- gained—the House majority narrowed, she feels that the supporters of then- come commonplace. and there was a gain of Republicans. President Trump are not worthy of You know, until the impeachment of The Members of the House—they having their ideas considered, she Bill Clinton, no one alive had ever have to worry about these con- should be permitted to say that, and lived through a Presidential impeach- sequences because if they don’t react anybody who agrees should be per- ment, not unless some of you are 150 to whatever the problem of the day is, mitted to say they agree. That is what years old. Not a single person alive had somebody in that jurisdiction there— we broke away from Great Britain in lived through a Presidential impeach- somebody is going to say: If you make order to be able to do: to be able to say ment. Now most of us have lived me the Congressman, I react to that. what we thought in the most robust po- through three of them. And that means that the sitting Mem- litical debate. This is supposed to be the ultimate ber has to worry about it because their My colleague Mike van der Veen is safety valve, the last thing that hap- terms are short. going to give you a recitation on the pens, the most rare treatment, and a And it is not just Members of the First Amendment law of the United session where this body is sitting as a House of Representatives with their States. I commend to your attention Court of Impeachment among the most short—with their short terms. I saw on the analysis that he is going to give rare things it does. television the last couple of days the you. So the slippery-slope principle will honorable gentleman from Nebraska, I don’t expect and I don’t believe that have taken hold if we continue to go Mr. SASSE—I saw that he faced back- the former President expects anybody forward with what is happening today lash back home because of a vote he to walk back any of the language. If and scheduled to happen later this made some weeks ago, that the polit- that is how they feel about the way week. And after we are long done here ical party was complaining about a de- things transpired over the last couple and after there has been a shift in the cision he made as a United States Sen- of years in this country, they should be political winds and after there is a ator.

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.016 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S600 CONGRESSIONAL RECORD — SENATE February 9, 2021 You know, it is interesting because I entire document warrants impeach- and I loved listening to them. They are don’t want to steal the thunder from ment because it is an all-or-nothing smart fellows. But why are the House the other lawyers, but Nebraska, you document. You can’t cut out parts that managers afraid and why is the major- are going to hear, is quite a judicial- you agree with that warrant impeach- ity—the House of Representatives thinking place, and just maybe Senator ment and parts that don’t, because it is afraid of the American people? SASSE is onto something, and you will not divisible. It flat-out says in the I mean, let’s understand why we are hear about what it is that the Ne- Senate rules it is not divisible. really here. We are really here because braska courts have to say about the Now, previous impeachments, like the majority in the House of Rep- issue that you all are deciding this President Clinton’s, said the President resentatives does not want to face Don- week. There seem to be some pretty shall be found guilty of high crimes ald Trump as a political rival in the fu- smart jurists in Nebraska, and I can’t and misdemeanors for engaging in one ture. That is the real reason we are believe a United States Senator doesn’t or more of the following and then gives here. That is why they have to get over know that. a list, so all you had to do was win one, the jurisdictional hurdle, which they A Senator like the gentleman from but they didn’t do that here. It has to can’t get over, but that is why they Nebraska, whose Supreme Court his- be all or nothing. have to get over that in order to get to tory is ever present in his mind, and Some of these things that you are the part of the Constitution that al- rightfully so, he faces the whirlwind asked to consider might be close calls lows removal. So that is the—nobody even though he knows what the judici- in your mind, but one of them is not. says it that plainly, but unfortunately ary in his State thinks. The argument about the 14th Amend- I have a way of speaking that way. People back home will demand their ment is absolutely ridiculous. The And the reason that I am having House Members continue the cycle as House managers tell you that the trouble with the argument is, the political fortunes rise and fall. The President should be impeached because American people just spoke, and they only entity that stands between the he violated the 14th Amendment. Here just changed administrations. So in the bitter in-fighting that led to the down- is what the 14th Amendment says: light most favorable to my colleagues fall of the Greek Republic and the No person shall be a Senator or Represent- on the other side of the aisle here, Roman Republic and the American Re- ative in Congress, or elector of President and their system works. The people are public is the Senate of the United Vice President, or hold any office, civil or smart enough—in the light most favor- States. military, under the United States, or [any able to them, they are smart enough to Shall the business of the Senate and other] state, who, having previously taken pick a new administration if they don’t thus the Nation come to a halt, not an oath, as a member of Congress, or as an like the old one, and they just did, and just for the current weeks while a new officer of the United States, or [as] a member he is down there at Pennsylvania Ave- of any state legislature, or as an executive or President is trying to fill out his ad- judicial officer of any state, to support the nue now, probably wondering, how ministration, but shall the business of Constitution of the United States, [and] come none of my stuff is happening up the Senate and the Nation come to a shall have engaged in insurrection or rebel- at the Capitol? halt because impeachment becomes the lion against the same, or given aid or com- Why do the Members of the House of rule rather than the rare exception? I fort to the enemies thereof. But Congress Representatives—the majority of the know you can see this as a possibility may vote by two-thirds of each House [to] re- House of Representatives—why are because not a single one of you ever move such disability. they afraid of the very people who sent thought that you would be doing a sec- It doesn’t take a constitutional them to do this job, the people they ond impeachment inside of 13 months, scholar to recognize that that is writ- hope will continue to send them back and the pressure will be enormous to ten for people who fought for the Con- here? Why are they afraid that those respond in kind. federacy or who were previous military same people who were smart enough to To quote Everett Dirksen, the gal- officers or were in the government of pick them as their Congressmen aren’t lant men and women of the Senate will the Confederacy, and it doesn’t take a smart enough to pick somebody who is not allow that to happen. And this Re- constitutional scholar to require that a candidate for President of the United public will endure because the top re- they be convicted first in a court, with States? Why fear that the people will sponsibility of the United States Sen- due process of law. So it never—that all of a sudden forget how to choose an ator and the top characteristic that question can never be ripe until those administration in the next few years? you all have in common—and, boy, this things have happened. In fact, this happens all the time is a diverse group, but there isn’t a sin- If you agree with those arguments— when there are changes in administra- gle one of you who, A, doesn’t consider and I know you will all get your Con- tions from one-term Presidents to oth- yourself a patriot of the United States, stitutions out and you will read it, and ers. Well, Nixon was sort of 11⁄2 term, and 2, there isn’t a single one of you if you agree with those arguments, the but Nixon to Ford, Ford to Carter, Car- who doesn’t consider the other 99 to be suggestion that the 14th Amendment ter to Reagan, Bush 41 to Clinton. It patriots of the United States. And that applies here is ridiculous. And if you happens. The people get tired of an ad- is why this attack on the Constitution come to that conclusion, then, because ministration they don’t want, and they will not prevail. the managers have not separated out know how to change it. And they just The document that is before you is the counts, any counts within the Arti- did. flawed. The rule of the Senate con- cle of Impeachment, the whole thing So why think that they won’t know cerning impeachment documents, Arti- falls. how to do it in 2024 if they want to, or cles of Impeachment, rule XXIII, says I didn’t write that. They are married is that what the fear is? Is the fear that that such documents cannot be divided. to that. I wrote it out in individual re- the people in 2024, in fact, will want to You might have seen that we wrote sponses because I didn’t know how to change and will want to go back to that in the answer. It might have been respond to the cast-the-wide-net effort. Donald Trump and not the current oc- a little legalistic or legalese for the And fortunately Senators sometime in cupant of the White House, President newspapers to opine on very much, but the past realized that you can’t do that Biden? Because all of these other there is some significance. because you passed a rule that says: times, the people were smart enough to The House managers, clever fellows Hey, you can’t do that. So that is why do it, choose who the President should that they are, they cast a broad net. it is flawed. It is flawed in other ways, be, and all these other times, they were They need to get 67 of you to agree too, and my colleague will explain smart enough to choose who their they are right. And that is a good that. Members of Congress were—and, by the strategy. I would use the same strat- I was struck—I thought the House way, choose you all as well—but they egy, except there is a rule that says managers who spoke earlier were bril- are not smart enough to know how to you can’t use that strategy. You see, liant speakers, and I made some notes. change the administration, especially rule XXIII says that the Article of Im- They will hear about what I think since they just did. So it seems pretty peachment is indivisible, and the rea- about some of the things they said evident to me that they do know how. son why that is significant is you have later when I am closing the case, but I It has worked 100 percent of the time. to agree that every single aspect of the thought they were brilliant speakers, One hundred percent of the time in the

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.018 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S601 United States, when the people had offense—and let’s understand a high do to our great, so long-enduring, sa- been fed up with and had enough of the crime is a felony and a misdemeanor is cred Constitution and to the American occupant of the White House, they a misdemeanor. The words haven’t people on both sides of the great divide changed the occupant of the White changed that much over time. After he that now characterizes our Nation. House. is out of office, you go and arrest him. Esteemed Members of the Senate, Now, I know that one of the So there is no opportunity where the going forward with this impeachment strengths of this body is its delibera- President of the United States can run trial of a former President of the tive action. rampant into January, the end of his United States is unconstitutional for I saw Senator MANCHIN on the TV the term, and just go away scot-free. The reasons we have set out in our brief, other night talking about the fili- Department of Justice does know what some of which we will focus on here. buster. And the main point was that to do with such people. And so far, I And as a matter of policy, it is wrong Senator MANCHIN was explaining to haven’t seen any activity in that direc- as wrong can be for all of us as a na- those of us who don’t operate here all tion. tion. the time, that this body has an obliga- And not only that, the people who We are told by those who favor hav- tion to try to reach consensus across stormed this building and breached it ing these proceedings that we have to the aisle to legitimize the decisions it were not accused of conspiring with the do it for accountability. But anyone makes. Obviously, he is capable of President. But the section I read— truly interested in real accountability making his own pronouncements on it, ‘‘Judgment’’—in other words, the bad for what happened at the Capitol on but that is what came across on the thing that can happen—the ‘‘Judgment January 6 would, of course, insist on television. And I think that that is a in Cases of Impeachment’’—i.e., what waiting for a full investigation to be good way of saying why the Senate of we are doing—‘‘shall not extend further completed. Indeed, one is underway in the United States is different than than . . . removal from Office.’’ earnest already, intent on getting to other places. What is so hard about that? Which of the bottom of what happened. You know, the Constitution is a doc- those words are unclear? Anyone interested in ensuring that it ument designed to protect the rights of Shall not extend further than removal . . . is truly the one or ones responsible the minority, not the rights of the ma- from Office. from whom accountability is sought jority. Congress shall make no law President Trump no longer is in of- would more than willingly wait for the abridging all of these things. That is fice. The object of the Constitution has actual evidence, especially with new because those were the things that been achieved. He was removed by the evidence coming in every day about were of concern at the time. It is easy voters. preplanning, about those who were in- to be in favor of liberty and equality Mr. Schoen, are you ready—now that volved, and about their agenda bearing and free speech when it is popular. I have taken all of his time. no relationship to the claims made I think that I want to give my col- Thank you, Mr. President. here. league Mr. Schoen an opportunity to The PRESIDENT pro tempore. Mr. They say you need this trial before explain to all of us the legal analysis Schoen. the Nation can heal, that the Nation on jurisdiction. Mr. Counsel SCHOEN. Mr. President, cannot heal without it. I say our Na- I will be quite frank with you. We leaders. tion cannot possibly heal with it. With changed what we were going to do on I stand before you in what I always this trial, you will open up new and account that we thought that the thought as the hallowed ground of de- bigger wounds across the Nation, for a House managers’ presentation was well mocracy. In this room, American lives great many Americans see this process done, and I wanted you to know that have been changed so dramatically in for exactly what it is: a chance by a we have responses to those things. just my lifetime through so many of group of partisan politicians seeking to I thought that what the first part of your legislative initiatives from the eliminate Donald Trump from the the case was, which was the equivalent Civil Rights Act, when I was a child, American political scene and seeking of a motion to dismiss, was going to be through, most recently, the FIRST to disenfranchise 74 million-plus Amer- about jurisdiction alone, and one of the STEP Act—laws that have provided ican voters and those who dare to share fellows who spoke for the House man- major opportunities for Americans to their political beliefs and vision of agers—who was a formal criminal de- move forward and upward and more America. They hated the results of the fense attorney—seemed to suggest that fully enjoy all of the attributes of what 2016 election and want to use this im- there was something nefarious that we has been the greatest Nation on Earth. peachment process to further their po- were discussing jurisdiction in trying I have seen the changes these laws litical agenda. to get the case dismissed, but this is have made to my clients every day for These elitists have mocked them for where it happens in the case because the past 36 years. These laws have en- 4 years. They called their fellow Ameri- jurisdiction is the first thing that has abled me to fight for their enjoyment cans who believe in their country and to be found. of a fair stake in our American project. their Constitution ‘‘deplorables.’’ And We have counterarguments to every- I stand before a group of 100 United the latest talk is that they need to thing that they raised, and you will States Senators who have chosen to deprogram those who supported Donald hear them later on in the case from Mr. serve your country from all corners of Trump and the Grand Old Party. But at van der Veen and from myself. this great Nation, giving up all sorts of the end of the day, this is not just But on the issue of jurisdiction—the professions, time with family, and per- about Donald Trump or any individual. scholarly issue of jurisdiction—I will haps other more lucrative opportuni- This is about our Constitution and leave you with this before I invite ties to serve your country. abusing the impeachment power for po- David to come up and give you the eru- Mr. President, you are a man who so litical gain. dite explanation. Some of this was honorably served this Nation in the They tell us that we have to have shown on the screen, but article I, sec- Senate and in public service before this impeachment trial, such as it is, tion 3 says: your tenure here. It is an honor to ap- to bring about unity, but they don’t pear in this historic hall of democracy. want unity. And they know this so- Judgment in Cases of Impeachment shall Yet today, that honor is tempered by not extend further than to removal from Of- called trial will tear the country in fice, and disqualification to hold . . . any Of- an overriding feeling of grave concern, half, leaving tens of millions of Ameri- fice of honor, Trust or Profit under the grave concern for the danger to the in- cans feeling left out of the Nation’s United States: but the Party convicted shall stitution of the Presidency that I be- agenda, as dictated by one political nevertheless be liable and subject to Indict- lieve even convening these proceedings party that now holds the power in the ment, Trial, Judgment and Punishment, ac- indicates. The joy I believed I would White House and in our national legis- cording to law. feel if I ever had the great privilege of lature. So this idea of a January amnesty is appearing before this body is replaced But they are proud Americans who nonsense. If my colleagues on this side by sadness and pain. My overriding never quit getting back up when they of the Chamber actually think that emotion is, frankly, wanting to cry for are down, and they don’t take dictates President Trump committed a criminal what I believe these proceedings will from another party based on partisan

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.019 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S602 CONGRESSIONAL RECORD — SENATE February 9, 2021 force-feeding. This trial will tear this of the day that is in operation at any this irretrievably flawed process and country apart, perhaps like we have future time. This is exactly the posi- its product—a dangerous snap impeach- only seen once before in our history. tion taken by the House managers at ment—that brings us here and that And to help the Nation heal, we now page 65 of their brief—unprecedented, threatens to send a message into the learn that the House managers, in radical position. They unabashedly say future that we will all regret forever their wisdom, have hired a movie com- so. and that will stain this body, which up pany and a large law firm to create, Imagine the potential consequences to now our Founding Fathers believed manufacture, and splice for you a pack- for civil officers you know and who you was uniquely suited for the most dif- age designed by experts to chill and believed served so honorably but who, ficult task of conducting an impeach- horrify you and our fellow Americans. in the view of a future Congress, might ment trial, as Mr. Hamilton wrote in They want to put you through a 16- one day be deemed to be impeachment Federalist No. 65. hour presentation over 2 days, focusing worthy. Imagine it now because your These aren’t just niceties. I make no on this as if it were some sort of blood imagination is the only limitation. apology for demanding in your name, sport. And to what end? For healing? The House managers tell you a cor- in the name of the Constitution, that For unity? For accountability? Not for rect reading of the impeachment power the rights to due process guaranteed any of those. For, surely, there are under the Constitution is that it has no under the Constitution are adhered to much better ways to achieve each. It temporal limit and can reach back in in a process as serious as this in our is, again, for pure, raw, misguided par- time without limitation to target any- national lives. tisanship that makes them believe one who dared to serve our Nation as a The denial of due process in this case, playing to our worst instincts somehow civil officer. Now add that to their de- of course, starts with the House of Rep- is good. mand that you Members put your im- resentatives. In this unprecedented They don’t need to show you movies primatur on the snap impeachment snap impeachment process, the House to show you that the riot happened they returned in this case and can do of Representatives denied every at- here. We will stipulate that it hap- again in the future if you endorse it by tribute of fundamental constitutional pened, and you know all about it. going forward with this impeachment due process that Americans correctly This is a process fueled irresponsibly trial. This is an untenable combination have come to believe is part of what by base hatred by these House man- that literally puts the institution of makes this country so great. How and agers and those who gave them their the Presidency directly at risk, noth- why did that happen? It is a function of charge, and they are willing to sac- ing less, and it does much more. the insatiable lust for impeachment in rifice our national character to ad- Under their unsupportable constitu- the House for the past 4 years. vance their hatred and their fear that tional theory and tortured reading of Consider this: one day they might not be the party in the text, every civil officer who has (Video footage.) power. They have a very different view served is at risk of impeachment if any Mr. RASKIN: I want to say this for Donald of democracy and freedom. given group elected to the House de- Trump who I may well be voting to impeach. From Justice Jackson who once cides that what was thought to be an Mr. Ellison: Donald Trump has already wrote: important service to the country when done a number of things which legitimately they served now deserves to be can- raise the question of impeachment. [But][F]reedom to differ is not limited to Ms. WATERS: I don’t respect this President, things that do not matter much. That would celed. and I will fight every day until he is im- be a mere shadow of freedom. The test of its They have made clear in public state- peached! substance is the right to differ as to things ments that what they really want to Mr. CASTRO: That is grounds to start im- that touch at the heart of the existing order. accomplish here, in the name of the peachment proceedings. Those are grounds They have a very different view of de- Constitution, is to bar Donald Trump to start impeachment. Those are grounds to mocracy and freedom. This is nothing from ever running for political office start impeachment proceedings. Yes, I think less than the political weaponization of again, but this is an affront to the Con- that’s grounds to start impeachment pro- the impeachment process—pure, raw stitution no matter who they target ceedings. Mr. GREEN: I rise today, Mr. Speaker, to sport, fueled by the misguided idea of today. It means nothing less than the call for the impeachment of the President of party over country when, in fact, both denial of the right to vote and the inde- the United States of America. will surely suffer. pendent right for a candidate to run for Ms. WATERS: I continue to say, Impeach I can promise you that if these pro- elective political office, guaranteed by him! Impeach 45! Impeach 45! ceedings go forward, everyone will look the 1st and 14th Amendments to the (People chanting: ‘‘Yeah.’’) bad. You will see and hear many Mem- Constitution, using the guise of im- Mr. COHEN: So we are calling upon the bers of our Congress saying and doing peachment as a tool to disenfranchise. House to begin impeachment hearings imme- things they must surely regret. But, Perhaps my friend put the situation diately. perhaps, far worse than a moment of simply and sharply into focus last Mr. Commentator: On the impeachment of personal shame in a world in which his- week on his radio show. My friend is a Donald Trump, would you vote yes or no? tory passes from our memories in a distinguished lawyer who served as an Ms. OCASIO-CORTEZ: I would vote yes. Ms. OMAR: I would vote to impeach. moment, our great country, a model Ambassador to former President Ms. TLAIB: Because we’re going to go in for all the world, will be far more di- Obama and has friends among you. He there, and we’re going to impeach the [bleep vided and our standing around the described himself to his listeners as a bleep]! world will be badly broken. Our arch dyed-in-the-wool, lifelong Democrat, Mr. SHERMAN: The fact is I introduced Ar- enemies who pray each and every day but he said the idea of 100 people in ticles of Impeachment in July of 2017. for our downfall will watch with glee, these circumstances deciding that tens Mr. GREEN: If we don’t impeach this Presi- dent, he will get reelected. glowing in the moment as they see you of millions of American voters cannot Mr. COHEN: My oath requires me to be for at your worst and our country in inter- cast their vote for their candidate for impeachment, have impeachment hearings, nal divide. President ever again is unthinkable, and leave a scarlet ‘‘I’’ on his chest. Let’s be perfectly clear. If you vote and it truly should be. Mr. BOOKER: The Representatives should to proceed with this impeachment I will discuss today several reasons begin impeachment proceedings against this trial, future Senators will recognize this matter should not and must not President. that you bought into a radical, con- proceed; why the Senate lacks jurisdic- Ms. WARREN: It is time to bring impeach- stitutional theory that departs clearly tion to conduct this trial of a former ment charges against him. Bring impeach- ment charges. from the language of the Constitution President—a President no longer in of- Mr. NADLER: My personal view is that he itself and holds—and this is in their fice and now a private citizen. Any sin- richly deserves impeachment. brief—that any civil officer who ever gle reason in our trial memorandum or Ms. TLAIB: We are here at an impeachment dares to want to serve his or her coun- discussed today suffices, but I want to rally, and we are ready to impeach the— try must know that they will be sub- start with a discussion of the funda- (People chanting: ‘‘Yeah.’’) ject to impeachment long after their mental due process lacking from the I can’t say it. service in office has ended, subject only start, and that would last through the The relevant timeline in the House to the political and cultural landscape end if this goes forward because it is reveals the rush to judgment.

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.021 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S603 On the day following the January 6 A well constituted court for the trial of a second time.’’ And in Mr. COLE’s riot, the House leadership cynically impeachments, is an object not more to be words, it was doing so to ‘‘settle sensed a political opportunity to score desired than difficult to be obtained in a gov- scores.’’ He warned this snap impeach- points against the outgoing then-Presi- ernment wholly elective. . . . The prosecu- ment approach would cause great divi- tion of them, for this reason, will seldom fail dent Trump, and the Speaker de- to agitate the passions of the whole commu- sion as the country looks ahead to the manded that Vice President Pence in- nity, and to divide it into parties, more or start of a new administration. voke the 25th Amendment, threatening less friendly or inimical, to the accused. In He said to them: immediate impeachment for the Presi- many cases, it will connect itself with the In a matter as grave and consequential as dent if Mr. Pence did not comply with pre-existing factions, and will inlist all their impeachment, shouldn’t we follow the same this extraordinary and extraordinarily animosities, partialities, influence and inter- process we have used in every modern im- wrong demand. est on one side, or on the other; and in such peachment rather than rushing to the floor? Four days later, on January 11, 2021, cases there will always be the greatest dan- And he implored them: ger, that the decision will be regulated more the instant Article of Impeachment On behalf of generations of Americans to by the comparative strength of parties than was introduced in the House. Speaker come, we need to think more clearly about by the real demonstrations of innocence or the consequences of our action today. PELOSI then gave the Vice President guilt. another ultimatum, threatening to Prescient thinking by Mr. Hamilton, Mr. COLE then reached across the begin impeachment proceedings within aisle and credited a Member of this 24 hours if he did not comply. Vice as we see often. In what I say to you is a proof of the body, Senator MANCHIN, having voiced President Pence rejected Speaker need for due process, based on the criti- similar sentiments about how ill-ad- PELOSI’s demand, favoring instead ad- cally serious nature of the singular vised this rushed process was, sug- herence to the Constitution and the gesting that the underlying events best interests of the Nation over a po- role the impeachment process has in our government, Mr. Hamilton charac- were a matter for the judicial system litically motivated threat. to investigate, not one for a rushed po- On January 12, Speaker PELOSI an- terized the consideration of an im- peachment in these terms: litical process. nounced who the nine impeachment Finally, Mr. COLE admonished his fel- managers would be, and on January 13, The delicacy and magnitude of a trust, which so deeply concerns the political rep- low House Members, telling them: 2021, just days after holding a press We need to recognize that we are following conference to announce the launching utation and existence of every man engaged in the administration of public affairs, speak a flawed process. of an inquiry, the House adopted the for themselves. The alarm Mr. COLE sounded went Article of Impeachment, completing unheeded. the fastest impeachment inquiry in This, too, is in Federalist No. 65. Now back to the House and the warn- Now let us consider the process in history and, according President the House that actually was due. The Trump, no due process at all over ings against this rushed judgment in House managers assert in their memo- strong opposition, based in large part this case. randum that ‘‘[t]he House serves as a on the complete lack of due process. Mr. COLE of Oklahoma again. In the To say there was a rush to judgment name of healing, a path forward he said grand jury and prosecutor under the by the House would be a grave under- our people so desperately need, he Constitution.’’ They told you that statement. It is not as if the House warned that ‘‘the House is moving for- again today. If this is accurate, then Members who voted to impeach were ward erratically with a truncated proc- they highlight the complete failure to not mightily warned about the dangers ess that does not comport with the adhere to due process. to the institution of the Presidency modern practice and that will give One should not diminish the significance of and to our system of due process. They members no time to contemplate the impeachment’s legal aspects, particularly as serious nature of action before us.’’ they relate to the formalities of the criminal were warned in the strongest of terms justice process. It is a hybrid of the political from within their own ranks ada- Mr. COLE emphasized to his col- leagues that such care must be taken and the legal, a political process moderated mantly, clearly, and in no uncertain by legal formalities. with the consideration of an Article of terms not to take this dangerous snap This is a quote, Richard Broughton. impeachment course. Those warnings Impeachment ‘‘in order to ensure that the American people have confidence The Fifth Amendment to the United were framed in the context of the con- States Constitution provides, in rel- stitutional due process that was denied in the procedures the House is fol- lowing and because the Presidency evant part, that ‘‘no person shall be here. . . . deprived of life, liberty or prop- Consider the warnings given by one itself demands due process in the im- peachment proceedings.’’ erty, without due process of law.’’ The Member during the House proceedings, Supreme Court long ago recognized in Congressman COLE continued: pleading with the other Members to ac- Matthews v. Eldridge that, at its core, cord this decision the due process the Unfortunately, the majority has chosen to race to the floor with a new Article of Im- due process is about what we all want, Constitution demands. what we all have the right to demand— This is Representative COLE of Okla- peachment, forgoing any investigation, any fundamental fairness. One scholar, homa: committee process or any chance for Mem- bers to fully contemplate this course of ac- Brian Owsley, has written that ‘‘the With only 1 week to go in his term, the tion before proceeding. impeachment process should and does majority is asking us to consider a resolu- tion impeaching President Trump, and they Mr. COLE complained that ‘‘the ma- include some of the basic safeguards do so knowing full well that even if the jority is failing to provide the House for the accused that are observed in a House passes this resolution, the Senate will with an opportunity to review all the criminal process such as fairness, due not be able to begin considering these facts—which are still coming to light— process, presumption of innocence, and charges until after President Trump’s term to discuss all the evidence, to listen to proportionality’’—basic American val- ends. scholars, to examine the witnesses, and ues. And, of course, we know that the I can think of no action the House can take Supreme Court has recognized that due that is more likely to further divide the to consider precedence.’’ American people than the action we are con- He noted further: process protections attend congres- templating today. Emotions are clearly run- This is not the type of robust process we sional investigations. While Congress is ning high and political divisions have never have followed for every modern impeach- empowered to make its own rules of been more apparent in my lifetime. ment, and the failure to do so does a great proceeding, it may not make rules that Said by Representative COLE. disservice to this institution and to this ignore constitutional restraints or vio- Mr. COLE’s words on the floor empha- country. late fundamental rights. sizing the care that must be taken with Mr. COLE complained right on the While the case law is limited in respect to the consideration of the Ar- House floor that ‘‘rather than fol- terms of spelling out what due process ticle of Impeachment echo the con- lowing the appropriate processes the looks like in impeachment hearings cerns by our Founding Fathers on this House has used in every modern im- and, of course, in the Nixon case—Wal- subject. peachment, the majority is rushing to ter, not Richard—we know that there Listen to this from Mr. Hamilton in the floor, tripping all over themselves is a great deal of leeway afforded Con- Federalist No. 65: in their rush to impeach the President gress with respect to its impeachment

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.023 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S604 CONGRESSIONAL RECORD — SENATE February 9, 2021 rules. It is clear that the fundamental without providing any of the elemen- Article to this Senate to begin the trial principles that underlie our under- tary procedures that the common law process. In other words, the House standing of what due process must al- developed over centuries for ensuring leadership spent more time holding the ways look like apply. the proper testing of evidence in an ad- adopted Article than it did on the In Hastings v. United States, a DC versarial process. We would never whole process leading up to the adop- court case vacated on different countenance such a system in this tion of the Article. grounds, they address the matter, country. That intentional delay, designed to clearly concluding that the due process Current Members of the House and avoid having the trial begin while Mr. clause applies to impeachment pro- Senate leadership are themselves on Trump was still President, led to yet ceedings and that it imposes an inde- record repeatedly confirming these another egregious denial of due proc- pendent constitutional constraint on procedural due process requirements. ess. Article I, section 3, clause 6 of our how the Senate exercises its sole power Indeed, Congressman NADLER is on Constitution, of course, provides, in to try all impeachments under article record asserting that, in the context of pertinent part, that: I, section 3, clause 6. the House impeachment investigation, The Senate shall have the sole Power to The court wrote in Hastings: due process includes the ‘‘right to be try all impeachments. When sitting for that Impeachment is an extraordinary remedy. informed of the law, of the charges Purpose, they shall be on Oath or Affirma- As an essential element of our constitutional tion. When the President of the United against you, to call your own wit- States is tried, the Chief Justice shall pre- system of checks and balances, impeachment nesses, and to have the assistance of must be invoked and carried out with solemn side. counsel.’’ By intentionally waiting until Presi- respect and scrupulous attention to fairness. Then-President Trump was not given Fairness and due process must be the watch- dent Trump’s term of office expired be- word whenever a branch of the United States any semblance of the due process Con- fore delivering the Article of Impeach- Government conducts a trial, whether it be gressman NADLER clearly believes he ment to the Senate to initiate trial deserves, based on the Congressman’s in a criminal case, a civil case or a case of proceedings, Speaker PELOSI deprived impeachment. description of due process, that must then-President Trump of the express A 1974 Department of Justice memo be afforded to an accused in an im- constitutional right—and the right suggested the same view, opining that peachment proceeding, as reflected in under the Senate’s own rule IV—to ‘‘whether or not capable of judicial en- the statement he made relating to an- have the Chief Justice of the United forcement, due process standards would other impeachment in 1998. No reason States preside over his trial and wield seem to be relevant to the manner of was found for the apparent change in the considerable power provided for in conducting an impeachment pro- the Congressman’s point of view with the Rules of Procedure and Practice in ceeding.’’ respect to the two objects of the im- the Senate when sitting on impeach- More specifically, as the Hastings peachments at issue. ment trials. court described it, ‘‘one of the key These fundamental aspects of due That power includes, under rule V, principles that lies at the heart of our process have been honored as required the Presiding Officer’s exclusive right constitutional democracy: fairness.’’ parts of modern impeachment protocol to make and issue all orders; under Again, fairness. since at least 1870. It is not seriously rule VII, to make all evidentiary orders The Supreme Court’s ‘‘precedents es- debatable, nor should it be—nor should subject to objection by a Member of tablish the general rule that individ- it be—by any American legislator. the Senate. uals must receive notice and an oppor- In spite of all this, the House leader- We say, respectfully, that this inten- tunity to be heard before the govern- ship defied all the norms and denied tional delay by Speaker PELOSI, such ment deprives them’’ of a constitu- the then-President all of his basic and that in the intervening period, Presi- tionally protected interest. It is also constitutionally protected rights. With dent Trump became private citizen Mr. true that ‘‘in any proceeding that may then-President Donald Trump, the Trump, constitutes a lapse or waiver of lead to deprivation of a protected in- House impeachment procedure lacked jurisdiction here, for Mr. Trump no terest, it requires fair procedures com- any semblance of due process whatever. longer is ‘‘the President’’ described as mensurate with the interests at It simply cannot be credibly argued to subject to impeachment in article I, stake.’’ the country, and we do not make spe- section 3, clause 6 and in article II, sec- Impeachment proceedings plainly in- cial rules for different targets. It is the tion 4, and this body, therefore, has no volve deprivations of property and lib- very integrity of the institution that jurisdiction as a function of that addi- erty interests protected by the due suffers when we do, and that is what tional due process violation by Speaker process clause, and the House surely the House leadership knowingly has PELOSI. seeks to strip Donald Trump of his caused. Moreover, with all due respect, then- most highly cherished constitutional A review of the House record revealed President Trump suffered a tangible rights, including the right to be eligi- that the Speaker streamlined the im- detriment from Speaker PELOSI’s ac- ble to hold public office again, should peachment process—H. Res. 24—to go tions, which violates not only his he so choose. straight to the floor for a 2-hour debate rights to due process of law, but also Due process must apply, and, at a and a vote, without the ability for his express constitutional right to have minimum, due process in the impeach- amendments. The House record reflects the Chief Justice preside. ment process must include that the no committee hearing, no witnesses, no That tangible detriment includes the evidence must be disclosed to the ac- presentation or cross-examination of loss of the right to a conflict-free, im- cused, and the accused must be per- evidence, and no opportunity for the partial Presiding Officer—with all due mitted an opportunity to test and con- accused to respond or even have coun- respect—the very purpose behind re- front the evidence, particularly sel present to object. quiring the Chief Justice to preside through ‘‘the rights to confront and As the New York Times recently re- over the President’s impeachment cross-examine witnesses,’’ which ‘‘have ported, ‘‘there were no witness inter- trial, along with the other benefits of long been recognized as essential to views, no hearings, no committee de- having the two branches combined— due process.’’ In almost every setting bates and no real additional fact find- the Chief Justice from the Judiciary where important decisions turn on ing.’’ and the Senate—for the impeachment questions of fact, due process requires House managers claim the need for trial of the President, reflected in Fed- an opportunity to confront and cross- impeachment was so urgent that they eralist 66, one of the reasons the Chief examine. had to rush the proceedings, with no Justice was chosen for that task. It is unfathomable that the Framers, time to spare for a more thorough in- Mr. Trump now faces a situation in steeped in the history of Anglo-Amer- vestigation or, really, any investiga- which the Presiding Officer will serve ican jurisprudence, would create a sys- tion at all. as both judge, with all the powers that tem that would allow the Chief Execu- But that claim is belied by what hap- the rules endow him with, and juror tive and Commander in Chief of the pened or didn’t happen next. The House with a vote. And beyond that, the Pre- Armed Forces to be impeached based leadership unilaterally and by choice siding Officer, although enjoying a life- on a process that developed evidence waited another 12 days to deliver the long, honorable reputation, of course,

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.024 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S605 has been Mr. Trump’s vocal and ada- stitutional concept of due process pro- determination of guilt and legislative impo- mant opponent throughout the Trump vides. Some of them have chosen their sition of punishment for judicial finding and administration. And, in fact, in the own handbooks, which direct their citi- sentence. very matter on trial, the Presiding Of- zens’ conduct on penalty of death. This [The Bill of Attainder Clause], and ficer, respectfully, already has publicly is one of them. the separation of powers doctrine gen- announced his fixed view before hear- There can be no room for due process erally, reflect the Framers’ concern ing any argument or evidence that Mr. in such a system as this or the system that trial by a legislature lacks the Trump must be convicted on the Arti- would be lost. Snap decisions are re- safeguards necessary to prevent the cle of Impeachment before the Senate quired in a system like this to main- abuse of power. and, indeed, that Members in both par- tain power for one political philosophy As the Supreme Court explained in ties have an obligation to vote to con- over all others in those kinds of sys- United States v. Brown, ‘‘[t]he best vict, as well. tems. available evidence, the writings of the Nowhere in this great country would But we as a nation have rejected architects of our constitutional sys- any American—and, certainly, not this those systems and the kind of snap de- tem, indicate that the Bill of Attainder honorable Presiding Officer—consider cisions they demand to maintain con- Clause was intended not as a narrow, this scenario to be consistent with any trol for one party, for one point of technical (and therefore soon to be out- stretch of the American concept of due view, and for an imposed way of life. moded) prohibition, but rather as an process and a fair trial and certainly We choose to live freely under a con- implementation of the separation of not even the appearance of either. stitution that guarantees our freedom. powers, a general safeguard against By no stretch of the imagination Other countries fear those freedoms legislative exercise of the judicial func- could any fairminded American be con- and seek to ensure adherence to a tion, or more simply—trial by legisla- fident that a trial so conducted would party line in all civic, political, spir- ture.’’ The bill of attainder ‘‘reflected or could be the fair trial promised by itual, and other affairs and to ensure the Framers’ belief that the Legisla- the leader. that the party line is toed. And those tive Branch is not so well suited as po- While most procedural aspects of a systems have no place for due process. litically independent judges and ju- Senate impeachment trial may be non- Snap decisions that remove political ries.’’ justiciable political questions, this is figures are the norm. Maintaining their When the Senate undertakes an im- not an excuse to ignore what law and systems depend on it. That is not our peachment trial of a private citizen, as precedent clearly require. The present way in America and never must be. it clearly understands to be the case situation either presents a violation of We choose in America to live by our here, supported by the fact that the the constitutional text found in the ar- Constitution and its amendments and Chief Justice is not presiding and Mr. ticles mentioned above that require the the due process this document demands Trump is not ‘‘the President,’’ it is act- Chief Justice to preside when the for every citizen among us. By putting ing as a judge and jury rather than a President is on trial or it is a clear de- your imprimatur on the snap judgment legislative body. And this is exactly nial of due process and fair trial rights made in this matter, to impeach the the type of situation that the bill of at- for Private Citizen Trump to face an President of the United States without tainder constitutional prohibition was impeachment trial so conducted by the any semblance of due process at every meant to preclude. Senate. step along the way, puts the Office of It is clear that disqualification from The impeachment Article should be the President of the United States at holding future office, the punishment treated as a nullity and dismissed risk every single day. It is far too dan- the House managers intend to seek based on the total lack of due process gerous a proposition to countenance, here, is a kind of punishment, like ban- in the House. It should be dismissed be- and you must resoundingly reject it by ishment and others, that is subject to cause of Speaker PELOSI’s intentional sending the message now that this pro- the constitutional prohibition against abandonment or waiver of jurisdiction, ceeding, lacking due process from start the passage of bills of attainder, under if the House ever acquired jurisdiction, to finish, must end now with your vote which designation bills of pains and and the Article should be dismissed be- that you lack jurisdiction to conduct penalties are included. The cases in- cause the trial in the Senate of a pri- an impeachment trial for a former clude Cummings, Ex parte Garland, vate citizen is not permitted, let alone President, whose term in office has ex- and this Brown case. The Supreme with the conflicts just described that pired and who is now a private citizen. Court three times has struck down pro- attend this proceeding. So one reason you must send this visions that precluded support of the Finally, on the subject of due process message here and now is because of the South or support of communism from in this matter, I say the following: complete lack of due process that holding certain jobs as being in viola- This is our Nation’s sacred Constitu- brought this Article of Impeachment tion of this prohibition. Thus the im- tion. It has served us well since it was before this body. God forbid we should peachment of a private citizen in order written, and it has been amended only ever lower our vigilance to the prin- to disqualify them from holding office through a careful process. It is a docu- ciple of due process. is an unconstitutional act constituting ment unique in all the world. It is a An impeachment trial of Private Cit- a bill of attainder. foundational part of what makes the izen Trump held before the Senate Moreover, this is the exact type of United States a beacon of light among would be nothing more nor less than situation in which the fear would be the other nations of the world. It not the trial of a private citizen by a legis- great that some Members of the Senate only has room for a tremendous vari- lative body. An impeachment trial by might be susceptible to acting in the ety of perspectives on the philosophical the Senate of a private citizen violates haste the House acted in when it and political direction our country article I, section 9 of the United States rushed through the Article of Impeach- should take, it encourages the advo- Constitution, which provides that ‘‘[n]o ment in less than 48 hours, acting hast- cacy of our differences. bill of attainder . . . shall be passed.’’ ily simply to appease the popular clam- But we have long held that funda- The bill of attainder, as this clause is or of their political base—the very kind mental to its health and well-being known, prohibits Congress from enact- of concern expressed by Mr. Hamilton and, therefore, to ours as a nation, is ing ‘‘a law that legislatively deter- in Federalist 65. its insistence on due process for every mines guilt and inflicts punishment Moreover, as Chief Justice Marshall citizen. The emphasis on the right to upon an identifiable individual without warned in Fletcher v. Peck, ‘‘it is not due process long ago was recognized as provision of the protections of a judi- to be disguised that the framers of the its life breath, a primary guarantor of cial trial.’’ constitution viewed, with some appre- its eternal viability as our political, A bill of attainder is a legislative act hension, the violent acts that might civic, and national guiding light. which inflicts punishment without a judicial grow out of the feelings of the moment; We all well know that there are trial— and that the people of the United many systems in other countries A judicial trial— States, in adopting that instrument, around the world that do not offer any The distinguishing characteristic of a bill of have manifested a determination to semblance of the safeguards our con- attainder is the substitution of a legislative shield themselves and their property

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.026 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S606 CONGRESSIONAL RECORD — SENATE February 9, 2021 from the effects of those sudden and clause, which provides for the removal preme Court, it is a ‘‘normal rule of strong passions to which men and from office of the person under the im- statutory construction that identical women are exposed. The restrictions on peachment attack. words used in different parts of the the legislative power of the states are The House managers contend that same act are intended to have the same obviously founded in this sentiment; the fact that the Chief Justice is not meaning.’’ Unwittingly or unwillingly and the constitution of the United presiding does not impact the constitu- as it may be, Senate Democrats, in States contains what may be deemed a tional validity of this trial. Notably, their announcement that Senator bill of rights for the people of each they devote only a single paragraph of LEAHY will preside, have already taken state. No state shall pass any bill of at- their trial memorandum to a develop- their position on this matter. The ac- tainder. In this form the power of the ment so significant that it prompted cused is not the President. The text of legislature over the lives and fortunes multiple Senators to declare the entire the United States Constitution there- of individuals is expressly restrained.’’ proceeding suspect, with one going so fore does not vest the Senate with the So now let’s turn to the text of the far as to say it ‘‘crystalized’’ the un- power to try him and remove him—a Constitution. constitutional nature of this pro- factual nullity; he can’t be removed— Turning to the text of the Constitu- ceeding. And the single paragraph that or disqualify him—a legal nullity—as if tion is, for many, of course, the most the House managers do devote to the he was the President. appropriate and the most important issue is entirely unpersuasive on the The House managers contend that starting place to trying to answer a merits. the Senate has jurisdiction over this Constitution-based question. There are The House managers’ position ig- impeachment because despite the fact several passages of the United States nores traditional statutory canons of that he is no longer the President, the Constitution that relate to the Federal interpretation. It is well established conduct that the former President is impeachment process. Let’s turn to a that ‘‘[a] term appearing in several charged occurred while he was still in reading of the text now. places in a statutory text is generally office. That argument does not in any A true textual analysis, as the name read the same way each time it ap- way alter the Constitution’s clear tex- implies, always begins with the words pears.’’ This presumption is ‘‘at its tual identification of ‘‘the President.’’ of the text and only resorts to legisla- most vigorous when a term is repeated The House managers justify their tive history or history itself if the within a given sentence.’’ Additionally, strained argument by noting that meaning of the text is not plain. As the the Court in at least one instance has ‘‘[t]he Constitution’s impeachment Supreme Court has emphasized, referred to a broader ‘‘established provisions are properly understood by ‘‘[s]tatutory interpretation, as we al- canon’’ that similar language con- reference to this overarching constitu- ways say, begins with the text.’’ ‘‘In in- tained within the same section of a tional plan.’’ But with that very jus- terpreting this text, we are guided by statute be accorded a consistent mean- tification in mind, their argument fails the principle that the Constitution was ing. once again. In an impeachment, it is written to be understood by the voters; I know this is a lot to listen to at the accused’s office that permits the its words and phrases were used in once—a lot of words, but words are impeachment. Ceasing to hold that of- their normal and ordinary as distin- what make our Constitution, and the fice terminates the possibility and the guished from technical meaning.’’ And interpretation of that Constitution, as purpose of impeachment. ‘‘[w]e must enforce plain and unambig- you well know, is a product of words. Private persons may not be im- uous statutory language according to If the text, ‘‘the President of the peached in America, and so they ask its terms.’’ United States’’ in the constitutional you to look back at the British model. If a President is impeached, the un- provision requiring the Chief Justice to The Constitution, as I see it, does not ambiguous text of the Constitution preside can refer only to the sitting make private citizens subject to im- commands that the Chief Justice of the President, and not to former presi- peachment. The Founders rejected the United States shall preside, as we dis- dents, then the textual identification British model that allowed Parliament cussed earlier. Again, the Chief Justice of ‘‘[t]he President’’ contained in arti- to impeach anyone, except for the is disinterested and nonpartisan. His cle II, section 4, which makes the King, and so they limited impeachment presence brings dignity and solemnity President amenable to impeachment in to certain public officials, including to such a proceeding. In this case, the the first place, also excludes anyone Presidents in our country. Chief Justice clearly is not presiding, other than the sitting President. In Next on the textual front, the pri- and the conflict of interest wouldn’t full, that sentence provides that ‘‘[t]he mary and, in fact, only required rem- necessarily just arise as a substitute President, Vice President and all civil edy of a conviction is removal. for the Vice President. It is the appear- Officers of the United States, shall be Article II, Section 4, states a straight- ance of a conflict of interest and the— removed from Office on Impeachment forward rule: whenever a civil officer is im- and a conflict of interest and the pre- for, and Conviction of, Treason, Brib- peached and convicted for high crimes and judgment that we have discussed. In ery, or other high Crimes and Mis- misdemeanors, they shall be removed. this case, as we say, the Chief Justice demeanors.’’ This is the substantive It is undeniable that in this instance clearly is not presiding. The Senate phrase of the Constitution vesting the removal is moot in every possible re- President pro tempore is presiding. It conviction and removal power in the gard. Removal is a factual and legal appears that in the leader’s view, un- Senate, and it contains a clear jurisdic- impossibility. Yet the Article of Im- doubtedly joined by other Senators, tional limitation. The House managers peachment itself—read it in the where- this is permitted by the Constitution do understand what the word ‘‘Presi- fore clause; it calls for removal. This is because the subject of the trial is a dent’’ means for the purposes of other one reason why impeachment pro- non-President. As such, it is conceded, constitutional provisions, and so they ceedings are different from ordinary as it must be, that for constitutional should understand this limitation as trials and why the Constitution point- purposes of the trial, the accused is a well. Only a sitting President is re- edly separates the two. In ordinary non-President. The role of the Senate, ferred to as the President of the United criminal jurisprudence, a person con- though, is to decide whether or not to States in the Constitution. And only a victed of public crimes committed convict and thereby trigger the appli- sitting President may be impeached, while he or she was in office may still cation of article II, section 4: convicted, and removed upon a trial in be punished even though they no The President, Vice President and all civil the Senate. ‘‘The President’’ in article longer hold that office. Not so with im- Officers of the United States, shall be re- II, section 4 and ‘‘the President’’ in ar- peachment. In a Senate impeachment moved from Office on Impeachment for, and ticle I, section 3 identify the same per- trial, conviction means and requires re- Conviction of, Treason, Bribery, or other son. If the accused is not ‘‘the Presi- moval, and conviction without a re- high Crimes and Misdemeanors. dent’’ in one, he is not ‘‘the President’’ moval is no conviction at all. Only From which office shall a non-Presi- in the other. No sound textual inter- upon a valid conviction and its req- dent be removed if convicted? A non- pretation—I emphasize ‘‘textual inter- uisite, enforceable removal may the President doesn’t hold an office, there- pretation’’—principle permits a con- additional judgment of disqualification fore cannot be impeached under this trary reading. In the words of the Su- plausibly be entertained.

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.031 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S607 Presidents are impeachable because tended to be exclusively the only kind ferent reading of the Constitution’s Presidents are removable. Former of conduct intended as impeachable. plain text; that is, one that reads ‘‘the presidents are not because they cannot They conclude—these experts—by writ- President’’ in one provision to include be removed. The Constitution is clear. ing that a nontextual impeachment former Presidents but reads ‘‘the Presi- Trial by the Senate sitting as a Court power would undermine the Constitu- dent’’ in the other provision to mean of Impeachment is reserved for the tion’s effort to make the President only the sitting President. President of the United States, not a independent of Congress, a central goal Second, this red herring of an argu- private citizen who used to be Presi- of the Founding Fathers. The authors ment also fails because the former dent of the United States. Just as convincingly argue for textual analysis President did not resign, even amid clear, the judgment required upon con- over nontextual reliance on a presen- calls by his opponents that he do so. As viction is removal from office, and a tation of history, suggesting that if a result, the Senate need not decide former President can no longer be re- one’s presentation of history were to whether it possesses the power or juris- moved from office. control, it would expressly permit con- diction to try and convict the former The purpose, text and structure of the Con- duct contrary to the express language, President who resigned or how it might stitution’s impeachment Clauses confirm leading to clearly unintended results. best proceed to effectuate justice in this intuitive and common-sense under- I must tell you that I have spoken to such a case. That is not this case. standing. Judge Ken Starr at some length over The plain meaning of the Constitu- So wrote Judge Michael Luttig, this past week about this. This textual tion’s text, faithfully and consistently former judge in the United States approach is something he, too, feels applied, should govern whether the Court of Appeals for the Fourth Cir- very strongly about. I also happen to United States Senate is vested by the cuit. be friendly with Chuck Cooper, by the Constitution with the power to convict And, indeed, there are State court de- way. He is a fine person. He also hap- a private citizen of the United States. cisions that analyze this very same pens to be a person who has a strong It is not. language and conclude that impeach- animus against President Trump. But The House managers posit in their ment can only be entertained against Chuck Cooper is a fine lawyer and a trial memorandum that despite the an existing officer subject to removal, fine person, as I am sure our friends fact that the primary and only nec- in State v. Hill, from Nebraska, and from Alabama know. essary remedy upon conviction, re- Smith v. Brantley, a 1981 decision from As we already have discussed, the moval, is a legal nullity, this late im- the Florida supreme court. risks to the institution of the Presi- peachment trial is appropriate because This is the first time that the United dency and to any and all past officers the other, secondary, optional remedy States Senate has ever been asked to is limited only by one’s imagination. that the Senate is not even required to apply the Constitution’s textual identi- The weakness of the House managers’ consider and which only takes effect fication of ‘‘the President’’ in the im- case is further demonstrated by their upon a later, separate vote—disquali- peachment provisions to anyone other reliance on the unproven assertion that fication from future office—can still than the sitting President of the if President Trump is not impeached, theoretically be applied to a former United States. And, of course, most future officers who are impeached will President. significantly from a textual approach, evade removal by resigning either be- The managers contend that ‘‘Article the term specifically used is ‘‘the fore impeachment or Senate trial. II, Section 4 states a straightforward President’’ not ‘‘a President.’’ And For example, they contend, citing rule: whenever a civil officer is im- there can only be one ‘‘the Presi- various law professors, that ‘‘[any offi- peached and convicted for high crimes dent’’—the incumbent—at a time. cial] who betrayed the public trust and and misdemeanors, they ‘shall be re- Judge Luttig relies on this textual was impeached could avoid account- moved.’ Absolutely nothing about this reading for his firm conclusion that a ability simply by resigning one minute rule implies, let alone requires, that former President cannot be impeached before the Senate’s final conviction former officials—who can still face dis- or convicted. Consider the alternative, vote.’’ qualification—are immune from im- as Robert Delahunty and John Yoo This argument is a complete canard. peachment and conviction.’’ have: If Mr. Trump can be convicted as The Constitution expressly provides in That is what they say. I told you ‘‘the President,’’ the language the Con- article I, section 3, clause 7 that a con- that today. In other words, so the argu- stitution uses, then why is he still not victed party, following impeachment, ment goes, a President no longer hold- ‘‘the President’’ under the Commander ‘‘shall nevertheless be liable and sub- ing office does not moot the entirety of in Chief clause, for example? They are ject to indictment, trial, judgment, and remedies afforded by impeachment. joined by Professor Alan Dershowitz punishment according to law’’ [after This, however, also flies in the face of and University of Chicago Professor removal]. Clearly, a former civil officer both the plain meaning of the text and Richard Epstein in their focus and con- who is not impeached is subject to the the canons of statutory interpretation. clusion. They point out the dangers of same. First of all, the managers, once an approach that deviates from a focus We have a judicial process in this again, simply choose to ignore the on the text. If there is no temporal lim- country. We have an investigative text. Even in the passage that the man- itation—that is what they suggested to process in this country to which no agers cite, the word ‘‘shall’’ does, to you—remember, you can go back in former officeholder is immune. That is put it mildly, imply a requirement, an time and impeach any civil officer who the process that should be running its imperative such that an impeachment ever served for anything that occurred course. That is the process the bill of in which removal would be impossible during the course of their service, time attainder tells us is the appropriate is invalid. ‘‘ ‘Shall’ means shall. The immemorial. With the House man- one for investigation, prosecution, and Supreme Court . . . ha[s] made clear agers’ position, the concept necessarily punishment, with all of the attributes that when a statute uses the word includes all executive officers and of that branch. We are missing it by ‘shall,’ Congress has imposed a manda- judges, including, perhaps, the im- two articles here that the article III tory duty upon the subject of the com- peachment now of Jimmy Carter for courts provide. They provide that kind mand,’’ as in shall remove. Indeed, his handling of the Iran hostage scan- of appropriate adjudication. That is ac- ‘‘the mandatory ‘shall’ . . . normally dal, as one example. That flows logi- countability. creates an obligation impervious to ju- cally from their argument without any There are appropriate mechanisms in dicial discretion.’’ hesitation. Further, they ask, why not place for full and meaningful account- And ‘‘[w]herever the Constitution then countenance the broad reading of ability not through the legislature, commands, discretion terminates.’’ other terms? When I say ‘‘they ask,’’ I which does not and cannot offer the ‘‘Shall’’ means mandatory, and ‘‘shall mean the experts who opined on this. safeguards of the judicial system, be removed’’ is not possible for a Why not then countenance a broad which every private citizen is constitu- former officer no longer in office. Im- reading of other terms, such that terms tionally entitled to. peachment cannot apply. like ‘‘high crimes and misdemeanors,’’ But more to the point here. Their ar- Now, here is the ‘‘and’’ argument. however broadly construed, are not in- gument does nothing to empower a dif- You may have heard about it or read

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.033 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S608 CONGRESSIONAL RECORD — SENATE February 9, 2021 about it if you follow such things. This There is no authority granted to Congress ther they nor any other American ever is another one Judge Starr is big on, to impeach and convict persons who are not again can cast a vote for Donald and many of the textual scholars have ‘‘civil officers of the United States.’’ It’s as Trump. And if they convince you to go written about it. simple as that. But simplicity doesn’t mean forward, their ultimate hope is that unimportance. The managers critically ignore this this will be a shot across the bow of language in article I, section 3, clause Professor Bobbitt wrote: any other candidate for public office 7, which states that ‘‘[j]udgment in Limiting Congress to its specified powers who would dare to take up a political Cases of Impeachment shall not extend is a crucial element in the central idea of the message that is very different from further than to removal from Office, United States Constitution: putting the state under law. their own political point of view as to and disqualification to hold and enjoy the direction in which they wish to any Office of honor, Trust or Profit Professor Bobbitt and former Stan- take our country. under the United States.’’ ford University Law professor Richard Under our Constitution, this body Ordinarily, as in everyday English, use of Danzig have remarked that impeach- and the impeachment process must the conjunctive ‘‘and’’ in a list means that ment’s principal purpose, as the 66th of never be permitted to be weaponized all of the listed requirements must be satis- the Federalist Papers makes clear, is for partisan political purposes. This fied, while use of the disjunctive ‘‘or’’ means to check the ‘‘encroachments of the ex- Article of Impeachment must be dis- that only one of the list of requirements ecutive.’’ Trial by jury, rules of evi- missed for lack of jurisdiction based on needs to be satisfied. dence, and other safeguards are put what we have discussed here today and Judge Kenneth Starr subscribes aside, they write, because of the need what is in our brief. The institution of strongly to this argument and under- to protect the public from further the Presidency is at risk unless a stands the comma to provide further abuse of office. strong message is sent by the dismissal support for the reading. Similarly, yesterday, Professor Eu- of the Article of Impeachment. As Judge Michael Luttig, again, re- gene Kontorovich wrote: The Constitu- Before we close, I want to leave you cently argued, ‘‘The Constitution links tion provides that the impeachment with two thoughts. One was expressed the impeachment remedy of disquali- process is to be used to remove ‘‘all by Abraham Lincoln. He comes to mind fication from future office with the Civil officers of the United States’’— first because of the way in which our remedy of removal from the office that that is, people holding a government Nation is now divided. We must learn person currently occupies; the former position. Yet in the case of Mr. Trump, from his times. He had a simple but im- remedy does not apply in situations the House is reading the Constitution portant message about the paramount where the latter is unavailable.’’ Con- as if it said the process applies to ‘‘all importance of doing what is right. Mr. viction and removal are inextricably Civil officers of the United States, and Lincoln said: entwined. If removal no longer is pos- people who aren’t civil officers, but Stand with anybody that stands Right. sible, neither is an impeachment con- once were.’’ Exactly what it does not Stand with him when he is right and Part viction. say. with him when he goes wrong. . . . In both Judge Luttig’s view is consistent We have been told by the House man- cases you are right. In both cases you oppose with that of Justice Joseph Story in agers about missed citations in our the dangerous extremes. In both cases you his famous ‘‘Commentaries on the Con- brief. I would like to draw your atten- stand on moral ground and hold the ship stitution of the United States,’’ where- tion to page 37. This is a substantive level and steady. In both you are national in Justice Story analyzed ‘‘that im- misrepresentation to you, I would re- and nothing less than national. peachment is inapplicable to officials spectfully suggest, and it reflects to me And the second message is from one who have left their position because re- a very different view of democracy—a of Mr. Lincoln’s favorite poets who moval—a primary remedy that the im- fear of democracy. wrote in 1849, at a time fraught with peachment process authorizes—is no They wrote on page 37 of their brief division and at risk for even more. The longer necessary.’’ that the Framers—I am paraphrasing message from that other time of divi- Justice Story noted that he is not the first part. sion—a call for hope and unity to bring coming to a firm posit on this. This is The Framers themselves would not have strength—has special meaning today. his belief, and this is his thought proc- hesitated to convict on these facts. Their A poem Longfellow wrote: ess. worldview was shaped by a study of classical Sail forth into the sea, O ship! There is also much force in the remark, history, as well as a lived experience of re- Through wind and wave, right onward steer! that an impeachment is a proceeding purely sistance and revolution. They were well The moistened eye, the trembling lip, of a political nature. It is not so much de- aware of the danger posed by opportunists Are not the signs of doubt or fear. signed to punish an offender, as to secure the who incited mobs to violence for political Sail forth into the sea of life, state against gross official misdemeanors. It gain. They drafted the Constitution to avoid O gentle, loving, trusting wife, touches neither his person, nor his property; such thuggery, which they associated with And safe from all adversity but simply divests him of his political capac- ‘‘the threat of civil disorder and the early as- Upon the bosom of that sea ity. sumption of power by a dictator.’’ Thy comings and thy goings be! Professor Philip Bobbitt. Now, this The citation is ‘‘178, Bernard Bailyn, For gentleness and love and trust is—I have to say this is insulting. We The Ideological Origins of the Amer- Prevail o’er angry wave and gust; And in the wreck of noble lives heard earlier today we don’t cite any ican Revolution.’’ That is this book. Something immortal still survives! scholars. Professor Philip Bobbitt is a Professor Bailyn, when he gave his Thou, too, sail on, O Ship of State! distinguished Webster professor at Co- description of the threat of civil dis- Sail on, O Union, strong and great! lumbia University who, along with order and the early assumption of Humanity with all its fears, Professor Charles Black, wrote the power by a dictator and thuggery, was With all the hopes of future years, handbook on impeachment used for referring to early colonists’ view to- Is hanging breathless on thy fate! many, many years. He is a constitu- ward democracy. They feared democ- We know what Master laid thy keel, tional expert on impeachment. He has racy. That is what they called thug- What Workmen wrought thy ribs of steel, gery, democracy, because it is an Who made each mast, and sail, and rope, written that ‘‘there is little discussion What anvils rang, what hammers beat, in the historical record surrounding elitist’s point of view—an elitist’s po- In what a forge and what a heat the precise question of whether a per- litical point of view. We don’t fear de- Were shaped the anchors of thy hope! son no longer a civil officer can be im- mocracy. We embrace it. Fear not each sudden sound and shock, peached—and in light of the clarity of In summing up, let’s be crystal clear ’Tis of the wave and not the rock; the text, this is hardly surprising,’’ on where we stand and why we are ’Tis but the flapping of the sail, Professor Bobbitt wrote. here. The singular goal of the House And not a rent made by the gale! Professor Bobbitt, by the way, who managers and House leadership in pur- In spite of rock and tempest’s roar, has a rich family history in the Demo- suing the impeachment conviction of In spite of false lights on the shore, Sail on, nor fear to breast the sea! cratic Party—LBJ—also asserted the Donald J. Trump is to use these pro- Our hearts, our hopes, are all with thee, following, as recently as January 27, ceedings to disenfranchise at least 74 Our hearts, our hopes, our prayers, our tears, 2021, arguing against holding this trial. million Americans with whom they vis- Our faith triumphant o’er our fears, He said: cerally disagree and to ensure that nei- Are all with thee,—are all with thee!

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.034 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S609 Mr. Manager RASKIN. Mr. President, Lankford Portman Sullivan Aviation Administration, Department of it has been a long day. We thank you, Lee Risch Thune Transportation, transmitting, pursuant to Lummis Rounds Tillis and we thank all the Senators for their law, the report of a rule entitled ‘‘Standard Marshall Rubio Tuberville Instrument Approach Procedures, and Take- McConnell Scott (FL) careful attention to the legal argu- Wicker off Minimums and Obstacle Departure Proce- ments and your courtesy to the man- Moran Scott (SC) Young Paul Shelby dures; Miscellaneous Amendments; Amend- agers and to the lawyers here. ment 3927’’ ((RIN2120–AA65) (Docket No. This has been the most bipartisan The PRESIDENT pro tempore. On 31337)) received in the Office of the President impeachment in American history, and this vote, the yeas are 56, the nays are of the Senate on February 2, 2021; to the we hope it will continue to be so in the 44. Committee on Commerce, Science, and days ahead. And nothing could be more Pursuant to S. Res. 47, the Senate Transportation. having voted in the affirmative on the EC–342. A communication from the Man- bipartisan than the desire to recess. agement and Program Analyst, Federal So the only issue before the Senate foregoing question, the Senate shall proceed with the trial as provided Aviation Administration, Department of today, of course, is whether Donald Transportation, transmitting, pursuant to Trump is subject to the Court of Im- under the provisions of that resolution. law, the report of a rule entitled ‘‘Standard peachment that the Senate has con- f Instrument Approach Procedures, and Take- vened. We see no need to make any fur- MORNING BUSINESS off Minimums and Obstacle Departure Proce- ther argument that this body has the dures; Miscellaneous Amendments; Amend- power to convict and to disqualify ment 3929’’ ((RIN2120–AA65) (Docket No. EXECUTIVE AND OTHER 31339)) received in the Office of the President President Trump for his breathtaking of the Senate on February 2, 2021; to the constitutional crime of inciting a vio- COMMUNICATIONS Committee on Commerce, Science, and lent insurrection against our govern- The following communications were Transportation. ment. laid before the Senate, together with EC–343. A communication from the Man- Tomorrow, we will address the amaz- accompanying papers, reports, and doc- agement and Program Analyst, Federal ing array of issues suggested by the uments, and were referred as indicated: Aviation Administration, Department of thoughtful presentations by our col- Transportation, transmitting, pursuant to EC–336. A communication from the Direc- law, the report of a rule entitled ‘‘Standard leagues, by including the First Amend- tor of Legislative Affairs, Federal Deposit Instrument Approach Procedures, and Take- ment, due process, partisanship under Insurance Corporation, transmitting, pursu- off Minimums and Obstacle Departure Proce- our Constitution, the bill of attainder ant to law, the report of a rule entitled ‘‘Un- dures; Miscellaneous Amendments; Amend- clause, and many, many more. safe and Unsound Banking Practices: Bro- ment 3930’’ ((RIN2120–AA65) (Docket No. But, in the meantime, we waive all kered Deposits and Interest Rate Restric- 31340)) received in the Office of the President further arguments. We waive our 33 tions’’ (RIN3064–AE94) received in the Office of the Senate on February 2, 2021; to the of the President of the Senate on February 2, minutes of rebuttal, and we give those Committee on Commerce, Science, and 2021; to the Committee on Banking, Housing, Transportation. 33 minutes, gratefully, back to the Sen- and Urban Affairs. EC–344. A communication from the Man- ate of the United States. EC–337. A communication from the Legal agement and Program Analyst, Federal (Chorus of Hear! Hear!) Counsel, Equal Employment Opportunity Aviation Administration, Department of The PRESIDENT pro tempore. Is all Commission, transmitting, pursuant to law, Transportation, transmitting, pursuant to time yielded back? the report of a rule entitled ‘‘Compliance law, the report of a rule entitled ‘‘Amend- All time has been yielded back. Manual on Religious Discrimination’’ ment of Class E Airspace; Charlevoix, Michi- (RIN3046–ZA01) received in the Office of the The question is whether Donald John gan’’ ((RIN2120–AA66) (Docket No. FAA–2020– President of the Senate on February 2, 2021; 0803)) received in the Office of the President Trump is subject to the jurisdiction of to the Committee on Health, Education, of the Senate on February 2, 2021; to the a Court of Impeachment for acts com- Labor, and Pensions. Committee on Commerce, Science, and mitted while President of the United EC–338. A communication from the Man- Transportation. States, notwithstanding the expiration agement and Program Analyst, Federal EC–345. A communication from the Man- of his term in that office? Aviation Administration, Department of agement and Program Analyst, Federal Mr. SCHUMER. I ask for the yeas Transportation, transmitting, pursuant to Aviation Administration, Department of law, the report of a rule entitled ‘‘Standard and nays, Mr. President. Transportation, transmitting, pursuant to Instrument Approach Procedures, and Take- law, the report of a rule entitled ‘‘Amend- The PRESIDENT pro tempore. Is off Minimums and Obstacle Departure Proce- ment of Class D and Class E Airspace; Air- there a sufficient second? dures; Miscellaneous Amendments; Amend- space; Toccoa, Georgia’’ ((RIN2120–AA66) There is a sufficient second. ment 3931’’ ((RIN2120–AA65) (Docket No. (Docket No. FAA–2020–0645)) received in the The clerk will call the roll. 31341)) received in the Office of the President Office of the President of the Senate on Feb- The senior assistant legislative clerk of the Senate on February 2, 2021; to the ruary 2, 2021; to the Committee on Com- called the roll. Committee on Commerce, Science, and merce, Science, and Transportation. Transportation. EC–346. A communication from the Man- [Rollcall Vote No. 57] EC–339. A communication from the Man- agement and Program Analyst, Federal YEAS—56 agement and Program Analyst, Federal Aviation Administration, Department of Baldwin Hickenlooper Romney Aviation Administration, Department of Transportation, transmitting, pursuant to Bennet Hirono Rosen Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Amend- Blumenthal Kaine Sanders law, the report of a rule entitled ‘‘Standard ment of Class D and Class E Airspace; Truck- Booker Kelly Sasse Instrument Approach Procedures, and Take- ee, California’’ ((RIN2120–AA66) (Docket No. Brown King Schatz off Minimums and Obstacle Departure Proce- FAA–2020–0768)) received in the Office of the Cantwell Klobuchar Schumer dures; Miscellaneous Amendments; Amend- President of the Senate on February 2, 2021; Cardin Leahy Shaheen ´ ment 3932’’ ((RIN2120–AA65) (Docket No. to the Committee on Commerce, Science, Carper Lujan Sinema Casey Manchin 31342)) received in the Office of the President and Transportation. Smith Cassidy Markey of the Senate on February 2, 2021; to the EC–347. A communication from the Man- Stabenow Collins Menendez Committee on Commerce, Science, and agement and Program Analyst, Federal Tester Coons Merkley Transportation. Aviation Administration, Department of Toomey Cortez Masto Murkowski EC–340. A communication from the Man- Transportation, transmitting, pursuant to Duckworth Murphy Van Hollen Warner agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Amend- Durbin Murray Aviation Administration, Department of Feinstein Ossoff Warnock ment of Class D and Class E Airspace; Gillibrand Padilla Warren Transportation, transmitting, pursuant to Fallon, Nevada’’ ((RIN2120–AA66) (Docket Hassan Peters Whitehouse law, the report of a rule entitled ‘‘Standard No. FAA–2020–0741)) received in the Office of Heinrich Reed Wyden Instrument Approach Procedures, and Take- the President of the Senate on February 2, off Minimums and Obstacle Departure Proce- 2021; to the Committee on Commerce, NAYS—44 dures; Miscellaneous Amendments; Amend- Science, and Transportation. Barrasso Cotton Grassley ment 3928’’ ((RIN2120–AA65) (Docket No. EC–348. A communication from the Man- Blackburn Cramer Hagerty 31338)) received in the Office of the President agement and Program Analyst, Federal Blunt Crapo Hawley of the Senate on February 2, 2021; to the Aviation Administration, Department of Boozman Cruz Hoeven Braun Daines Hyde-Smith Committee on Commerce, Science, and Transportation, transmitting, pursuant to Burr Ernst Inhofe Transportation. law, the report of a rule entitled ‘‘Amend- Capito Fischer Johnson EC–341. A communication from the Man- ment of Class E Airspace; Hartford, Ken- Cornyn Graham Kennedy agement and Program Analyst, Federal tucky’’ ((RIN2120–AA66) (Docket No. FAA–

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G09FE6.028 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S610 CONGRESSIONAL RECORD — SENATE February 9, 2021 2020–0730)) received in the Office of the Presi- ness Directives; Pilatus Aircraft Ltd. Air- law, the report of a rule entitled ’’ Air- dent of the Senate on February 2, 2021; to the planes; Amendment 39–21331’’ ((RIN2120– worthiness Directives; Airbus SAS Air- Committee on Commerce, Science, and AA64) (Docket No. FAA–2020–0753)) received planes; Amendment 39–21328’’ ((RIN2120– Transportation. in the Office of the President of the Senate AA64) (Docket No. FAA–2020–1019)) received EC–349. A communication from the Man- on February 2, 2021; to the Committee on in the Office of the President of the Senate agement and Program Analyst, Federal Commerce, Science, and Transportation. on February 2, 2021; to the Committee on Aviation Administration, Department of EC–357. A communication from the Man- Commerce, Science, and Transportation. Transportation, transmitting, pursuant to agement and Program Analyst, Federal EC–365. A communication from the Man- law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of agement and Program Analyst, Federal ment of Class E Airspace; Montezuma, Geor- Transportation, transmitting, pursuant to Aviation Administration, Department of gia’’ ((RIN2120–AA66) (Docket No. FAA–2020– law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to 0736)) received in the Office of the President ness Directives; ATR–GIE Avions de Trans- law, the report of a rule entitled ‘‘Airworthi- of the Senate on February 2, 2021; to the port Regional; Amendment 39–21330’’ ness Directives; Airbus SAS Airplanes; Committee on Commerce, Science, and ((RIN2120–AA64) (Docket No. FAA–2020–1024)) Amendment 39–21327’’ ((RIN2120–AA64) Transportation. received in the Office of the President of the (Docket No. FAA–2020–0788)) received in the EC–350. A communication from the Man- Senate on February 2, 2021; to the Com- Office of the President of the Senate on Feb- agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- ruary 2, 2021; to the Committee on Com- Aviation Administration, Department of tation. merce, Science, and Transportation. Transportation, transmitting, pursuant to EC–358. A communication from the Man- EC–366. A communication from the Man- law, the report of a rule entitled ‘‘Amend- agement and Program Analyst, Federal agement and Program Analyst, Federal ment of Class D and E Airspace; Waterloo, Aviation Administration, Department of Aviation Administration, Department of Iowa’’ ((RIN2120–AA66) (Docket No. FAA– Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to 2020–0708)) received in the Office of the Presi- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on February 2, 2021; to the ness Directives; Airbus Helicopters; Amend- ness Directives; Airbus Helicopters; Amend- Committee on Commerce, Science, and ment 39–21322’’ ((RIN2120–AA64) (Docket No. ment 39–21319’’ ((RIN2120–AA64) (Docket No. Transportation. FAA–2020–0652)) received in the Office of the FAA–2018–0893)) received in the Office of the EC–351. A communication from the Man- President of the Senate on February 2, 2021; President of the Senate on February 2, 2021; agement and Program Analyst, Federal to the Committee on Commerce, Science, to the Committee on Commerce, Science, Aviation Administration, Department of and Transportation. and Transportation. Transportation, transmitting, pursuant to EC–359. A communication from the Man- EC–367. A communication from the Man- law, the report of a rule entitled ‘‘Revoca- agement and Program Analyst, Federal agement and Program Analyst, Federal tion of Class E Airspace; Delavan, Wis- Aviation Administration, Department of Aviation Administration, Department of consin’’ ((RIN2120–AA66) (Docket No. FAA– Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to 2020–0734)) received in the Office of the Presi- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on February 2, 2021; to the ness Directives; Airbus Helicopters; Amend- ness Directives; Textron Aviation Airplanes; Committee on Commerce, Science, and ment 39–21325’’ ((RIN2120–AA64) (Docket No. Amendment 39–21295’’ ((RIN2120–AA64) Transportation. FAA–2020–0685)) received in the Office of the (Docket No. FAA–2020–0472)) received in the EC–352. A communication from the Man- President of the Senate on February 2, 2021; Office of the President of the Senate on Feb- agement and Program Analyst, Federal to the Committee on Commerce, Science, ruary 2, 2021; to the Committee on Com- Aviation Administration, Department of and Transportation. merce, Science, and Transportation. Transportation, transmitting, pursuant to EC–360. A communication from the Man- EC–368. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal agement and Program Analyst, Federal ness Directives; Dassault Aviation Airplanes; Aviation Administration, Department of Aviation Administration, Department of Amendment’’ ((RIN2120–AA66) (Docket No. Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to FAA–2020–0803)) received in the Office of the law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- President of the Senate on February 2, 2021; ness Directives; Leonardo S.p.a. Helicopters; ness Directives; Dassault Aviation Airplanes; to the Committee on Commerce, Science, Amendment 39–21323’’ ((RIN2120–AA64) Amendment 39–21293’’ ((RIN2120–AA64) and Transportation. (Docket No. FAA–2020–0987)) received in the (Docket No. FAA–2020–0677)) received in the EC–353. A communication from the Man- Office of the President of the Senate on Feb- Office of the President of the Senate on Feb- agement and Program Analyst, Federal ruary 2, 2021; to the Committee on Com- ruary 2, 2021; to the Committee on Com- Aviation Administration, Department of merce, Science, and Transportation. merce, Science, and Transportation. Transportation, transmitting, pursuant to EC–361. A communication from the Man- EC–369. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal agement and Program Analyst, Federal ness Directives; Dassault Aviation Airplanes; Aviation Administration, Department of Aviation Administration, Department of Amendment 39–21326’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to (Docket No. FAA–2020–0582)) received in the law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- Office of the President of the Senate on Feb- ness Directives; Airbus Helicopters; Amend- ness Directives; Pilatus Aircraft Ltd. Air- ruary 2, 2021; to the Committee on Com- ment 39–21318’’ ((RIN2120–AA64) (Docket No. planes; Amendment 39–21301’’ ((RIN2120– merce, Science, and Transportation. FAA–2020–0987)) received in the Office of the AA64) (Docket No. FAA–2020–0746)) received EC–354. A communication from the Man- President of the Senate on February 2, 2021; in the Office of the President of the Senate agement and Program Analyst, Federal to the Committee on Commerce, Science, on February 2, 2021; to the Committee on Aviation Administration, Department of and Transportation. Commerce, Science, and Transportation. Transportation, transmitting, pursuant to EC–362. A communication from the Man- EC–370. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal agement and Program Analyst, Federal ness Directives; Textron Aviation, Inc. (Type Aviation Administration, Department of Aviation Administration, Department of Certificate Previously Held by Cessna Air- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to craft Company) Airplanes; Amendment 39– law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- 21336’’ ((RIN2120–AA64) (Docket No. FAA– ness Directives; Airbus Helicopters; Amend- ness Directives; Pilatus Aircraft Ltd. Air- 2020–0493)) received in the Office of the Presi- ment 39–21321’’ ((RIN2120–AA64) (Docket No. planes; Amendment 39–21296’’ ((RIN2120– dent of the Senate on February 2, 2021; to the FAA–2020–0513)) received in the Office of the AA64) (Docket No. FAA–2020–0745)) received Committee on Commerce, Science, and President of the Senate on February 2, 2021; in the Office of the President of the Senate Transportation. to the Committee on Commerce, Science, on February 2, 2021; to the Committee on EC–355. A communication from the Man- and Transportation. Commerce, Science, and Transportation. agement and Program Analyst, Federal EC–363. A communication from the Man- EC–371. A communication from the Man- Aviation Administration, Department of agement and Program Analyst, Federal agement and Program Analyst, Federal Transportation, transmitting, pursuant to Aviation Administration, Department of Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to ness Directives; Piper Aircraft, Inc. Air- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- planes; Amendment 39–21335’’ ((RIN2120– ness Directives; The Boeing Company Air- ness Directives; Dassault Aviation Airplanes; AA64) (Docket No. FAA–2017–1059)) received planes; Amendment 39–21332’’ ((RIN2120– Amendment 39–21292’’ ((RIN2120–AA64) in the Office of the President of the Senate AA64) (Docket No. FAA–2020–0686)) received (Docket No. FAA–2020–0678)) received in the on February 2, 2021; to the Committee on in the Office of the President of the Senate Office of the President of the Senate on Feb- Commerce, Science, and Transportation. on February 2, 2021; to the Committee on ruary 2, 2021; to the Committee on Com- EC–356. A communication from the Man- Commerce, Science, and Transportation. merce, Science, and Transportation. agement and Program Analyst, Federal EC–364. A communication from the Man- EC–372. A communication from the Man- Aviation Administration, Department of agement and Program Analyst, Federal agement and Program Analyst, Federal Transportation, transmitting, pursuant to Aviation Administration, Department of Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A09FE6.006 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S611 law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of to the Committee on Commerce, Science, ness Directives; Airbus Helicopters; Amend- Transportation, transmitting, pursuant to and Transportation. ment 39–21297’’ ((RIN2120–AA64) (Docket No. law, the report of a rule entitled ‘‘Airworthi- EC–388. A communication from the Man- FAA–2020–0585)) received in the Office of the ness Directives; Austro Engines GmbH En- agement and Program Analyst, Federal President of the Senate on February 2, 2021; gines; Amendment 39–21310’’ ((RIN2120–AA64) Aviation Administration, Department of to the Committee on Commerce, Science, (Docket No. FAA–2019–0664)) received in the Transportation, transmitting, pursuant to and Transportation. Office of the President of the Senate on Feb- law, the report of a rule entitled ‘‘Airworthi- EC–373. A communication from the Man- ruary 2, 2021; to the Committee on Com- ness Directives; The Boeing Company Air- agement and Program Analyst, Federal merce, Science, and Transportation. planes; Amendment 39–21311’’ ((RIN2120– Aviation Administration, Department of EC–381. A communication from the Man- AA64) (Docket No. FAA–2020–0779)) received Transportation, transmitting, pursuant to agement and Program Analyst, Federal in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of on February 2, 2021; to the Committee on ness Directives; Airbus Helicopters; Amend- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. ment 39–21288’’ ((RIN2120–AA64) (Docket No. law, the report of a rule entitled ‘‘Airworthi- EC–389. A communication from the Man- FAA–2020–0618)) received in the Office of the ness Directives; Airbus SAS Airplanes; agement and Program Analyst, Federal President of the Senate on February 2, 2021; Amendment 39–21304’’ ((RIN2120–AA64) Aviation Administration, Department of to the Committee on Commerce, Science, (Docket No. FAA–2020–0968)) received in the Transportation, transmitting, pursuant to and Transportation. Office of the President of the Senate on Feb- law, the report of a rule entitled ‘‘Airworthi- EC–374. A communication from the Man- ruary 2, 2021; to the Committee on Com- ness Directives; Airbus SAS Airplanes; agement and Program Analyst, Federal merce, Science, and Transportation. Amendment 39–21307’’ ((RIN2120–AA64) Aviation Administration, Department of EC–382. A communication from the Man- (Docket No. FAA–2020–0464)) received in the Transportation, transmitting, pursuant to agement and Program Analyst, Federal Office of the President of the Senate on Feb- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of ruary 2, 2021; to the Committee on Com- ness Directives; Airbus SAS Airplanes; Transportation, transmitting, pursuant to merce, Science, and Transportation. Amendment 39–21291’’ ((RIN2120–AA64) law, the report of a rule entitled ‘‘Airworthi- EC–390. A communication from the Man- (Docket No. FAA–2020–0583)) received in the ness Directives; Airbus Helicopters; Amend- agement and Program Analyst, Federal Office of the President of the Senate on Feb- ment 39–21309’’ ((RIN2120–AA64) (Docket No. Aviation Administration, Department of ruary 2, 2021; to the Committee on Com- FAA–2020–0462)) received in the Office of the Transportation, transmitting, pursuant to merce, Science, and Transportation. President of the Senate on February 2, 2021; law, the report of a rule entitled ‘‘Airworthi- EC–375. A communication from the Man- to the Committee on Commerce, Science, ness Directives; Airbus Helicopters; Amend- agement and Program Analyst, Federal and Transportation. ment 39–21316’’ ((RIN2120–AA64) (Docket No. Aviation Administration, Department of EC–383. A communication from the Man- FAA–2020–0378)) received in the Office of the Transportation, transmitting, pursuant to agement and Program Analyst, Federal President of the Senate on February 2, 2021; law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of to the Committee on Commerce, Science, ness Directives; Airbus Helicopters Deutsch- Transportation, transmitting, pursuant to and Transportation. land GmbH; Amendment 39–21300’’ ((RIN2120– law, the report of a rule entitled ‘‘Airworthi- EC–391. A communication from the Man- AA64) (Docket No. FAA–2020–0919)) received ness Directives; GE Airbus SAS Airplanes; agement and Program Analyst, Federal in the Office of the President of the Senate Amendment 39–21302’’ ((RIN2120–AA64) Aviation Administration, Department of on February 2, 2021; to the Committee on (Docket No. FAA–2020–0451)) received in the Transportation, transmitting, pursuant to Commerce, Science, and Transportation. Office of the President of the Senate on Feb- law, the report of a rule entitled ‘‘Airworthi- EC–376. A communication from the Man- ruary 2, 2021; to the Committee on Com- ness Directives; Rolls-Royce Corporation agement and Program Analyst, Federal merce, Science, and Transportation. (Type Certificate Previously Held by Allison Aviation Administration, Department of EC–384. A communication from the Man- Engines Company) Turboprop Engines; Transportation, transmitting, pursuant to agement and Program Analyst, Federal Amendment 39–21314’’ ((RIN2120–AA64) law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of (Docket No. FAA–2020–0687)) received in the ness Directives; Bell Helicopter Inc. (Type Transportation, transmitting, pursuant to Office of the President of the Senate on Feb- Certificate Previously Held by Bell Heli- law, the report of a rule entitled ‘‘Airworthi- ruary 2, 2021; to the Committee on Com- copter Textron Inc. Helicopters); Amend- ness Directives; GE Aviation Czech s.r.o. merce, Science, and Transportation. ment 39–21303’’ ((RIN2120–AA64) (Docket No. (Type Certificate Previously Held by WAL- EC–392. A communication from the Man- FAA–2020–0921)) received in the Office of the TER Engines a.s., Walter a.s., and agement and Program Analyst, Federal President of the Senate on February 2, 2021; MOTORLET a.s.) Turboprop Engines; Aviation Administration, Department of to the Committee on Commerce, Science, Amendment 39–21317’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to and Transportation. EC–377. A communication from the Man- (Docket No. FAA–2020–0979)) received in the law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Office of the President of the Senate on Feb- ness Directives; Airbus SAS Airplanes; Aviation Administration, Department of ruary 2, 2021; to the Committee on Com- Amendment 39–21305’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to merce, Science, and Transportation. (Docket No. FAA–2020–0970)) received in the law, the report of a rule entitled ‘‘Airworthi- EC–385. A communication from the Man- Office of the President of the Senate on Feb- ness Directives; Pilatus Aircraft Ltd. Air- agement and Program Analyst, Federal ruary 2, 2021; to the Committee on Com- planes; Amendment 39–21285’’ ((RIN2120– Aviation Administration, Department of merce, Science, and Transportation. AA64) (Docket No. FAA–2020–0744)) received Transportation, transmitting, pursuant to EC–393. A communication from the Yeo- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- man Chief Petty Officer, U.S. Coast Guard, on February 2, 2021; to the Committee on ness Directives; Gulfstream Aerospace Cor- Department of Homeland Security, transmit- Commerce, Science, and Transportation. poration Airplanes; Amendment 39–21320’’ ting, pursuant to law, the report of a rule en- EC–378. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2020–0898)) titled ‘‘Safety Zone; Lower Mississippi agement and Program Analyst, Federal received in the Office of the President of the River, Natchez, Mississippi’’ ((RIN1625–AA08) Aviation Administration, Department of Senate on February 2, 2021; to the Com- (Docket No. USCG–2020–0641)) received in the Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Office of the President of the Senate on Feb- law, the report of a rule entitled ‘‘Airworthi- tation. ruary 2, 2021; to the Committee on Com- ness Directives; Polskie Zaklady Lotnicze EC–386. A communication from the Man- merce, Science, and Transportation. Sp. z o.o Airplanes; Amendment 39–21308’’ agement and Program Analyst, Federal EC–394. A communication from the Yeo- ((RIN2120–AA64) (Docket No. FAA–2020–0473)) Aviation Administration, Department of man Chief Petty Officer, U.S. Coast Guard, received in the Office of the President of the Transportation, transmitting, pursuant to Department of Homeland Security, transmit- Senate on February 2, 2021; to the Com- law, the report of a rule entitled ‘‘Airworthi- ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- ness Directives; Pilatus Aircraft Ltd. Air- titled ‘‘Safety Zone; Neuse River, New Bern, tation. planes; Amendment 39–21313’’ ((RIN2120– North Carolina’’ ((RIN1625–AA00) (Docket EC–379. A communication from the Man- AA64) (Docket No. FAA–2020–0719)) received No. USCG–2020–0645)) received in the Office of agement and Program Analyst, Federal in the Office of the President of the Senate the President of the Senate on February 2, Aviation Administration, Department of on February 2, 2021; to the Committee on 2021; to the Committee on Commerce, Transportation, transmitting, pursuant to Commerce, Science, and Transportation. Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- EC–387. A communication from the Man- EC–395. A communication from the Yeo- ness Directives; Airbus SAS Airplanes; agement and Program Analyst, Federal man Chief Petty Officer, U.S. Coast Guard, Amendment 39–21312’’ ((RIN2120–AA64) Aviation Administration, Department of Department of Homeland Security, transmit- (Docket No. FAA–2020–0590)) received in the Transportation, transmitting, pursuant to ting, pursuant to law, the report of a rule en- Office of the President of the Senate on Feb- law, the report of a rule entitled ‘‘Airworthi- titled ‘‘Security Zone; Fleet Week Dem- ruary 2, 2021; to the Committee on Com- ness Directives; Airbus Helicopters; Amend- onstration Area, San Diego Bay, San Diego, merce, Science, and Transportation. ment 39–21264’’ ((RIN2120–AA64) (Docket No. California’’ ((RIN1625–AA08) (Docket No. EC–380. A communication from the Man- FAA–2019–1019)) received in the Office of the USCG–2020–0655)) received in the Office of the agement and Program Analyst, Federal President of the Senate on February 2, 2021; President of the Senate on February 2, 2021;

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A09FE6.008 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S612 CONGRESSIONAL RECORD — SENATE February 9, 2021 to the Committee on Commerce, Science, Aviation Administration, Department of SUBMISSION OF CONCURRENT AND and Transportation. Transportation, transmitting, pursuant to SENATE RESOLUTIONS EC–396. A communication from the Man- law, the report of a rule entitled ‘‘Extension agement and Program Analyst, Federal of the Prohibition Against Certain Flights in The following concurrent resolutions Aviation Administration, Department of the Damascus Flight Information Region and Senate resolutions were read, and Transportation, transmitting, pursuant to (FIR) (OSTT)’’ ((RIN2120–AL55) (Docket No. referred (or acted upon), as indicated: law, the report of a rule entitled ‘‘Prohibi- FAA–2017–0768)) received in the Office of the By Mr. SCHUMER (for himself and Mr. tion Against Certain Flights in the Baghdad President of the Senate on February 2, 2021; MCCONNELL): Flight Information Region’’ ((RIN2120–AL56) to the Committee on Commerce, Science, S. Res. 47. A resolution to provide for re- (Docket No. FAA–2018–0927)) received in the and Transportation. lated procedures concerning the article of Office of the President of the Senate on Feb- EC–404. A communication from the Man- impeachment against Donald John Trump, ruary 2, 2021; to the Committee on Com- agement and Program Analyst, Federal former President of the United States; con- merce, Science, and Transportation. Aviation Administration, Department of sidered and agreed to. EC–397. A communication from the Man- Transportation, transmitting, pursuant to agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Prohibi- f Aviation Administration, Department of tion Against Certain Flights in the Tehran ADDITIONAL COSPONSORS Transportation, transmitting, pursuant to Flight Information Region (FIR) (OIIX)’’ law, the report of a rule entitled ‘‘Extension ((RIN2120–AL49) (Docket No. FAA–2020–0874)) S. RES. 34 of the Prohibition Against Certain Flights in received in the Office of the President of the At the request of Mr. MENENDEZ, the the Pyongyang Flight Information Region’’ Senate on February 2, 2021; to the Com- names of the Senator from Connecticut ((RIN2120–AL57) (Docket No. FAA–2018–0838)) mittee on Commerce, Science, and Transpor- (Mr. MURPHY), the Senator from Rhode received in the Office of the President of the tation. Island (Mr. WHITEHOUSE), the Senator Senate on February 2, 2021; to the Com- EC–405. A communication from the Man- mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal from Illinois (Mr. DURBIN), the Senator tation. Aviation Administration, Department of from New Hampshire (Mrs. SHAHEEN), EC–398. A communication from the Man- Transportation, transmitting, pursuant to the Senator from Maryland (Mr. VAN agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Special HOLLEN), the Senator from Delaware Aviation Administration, Department of Flight Authorization for Supersonic Air- (Mr. COONS), the Senator from Dela- Transportation, transmitting, pursuant to craft’’ ((RIN2120–AL30) (Docket No. FAA– ware (Mr. CARPER), the Senator from law, the report of a rule entitled ‘‘Amend- 2019–0451)) received in the Office of the Presi- ment of the Prohibition Against Certain New Hampshire (Ms. HASSAN), the Sen- dent of the Senate on February 2, 2021; to the ator from Connecticut (Mr. Flights in Specified Areas of the Simferopol Committee on Commerce, Science, and and Dnipropetrovsk Flight Information Re- Transportation. BLUMENTHAL), the Senator from New gions (FIRs) (UKFV and UKDV)’’ ((RIN2120– EC–406. A communication from the Man- York (Mr. SCHUMER), the Senator from AL58) (Docket No. FAA–2014–0225)) received agement and Program Analyst, Federal Florida (Mr. RUBIO) and the Senator in the Office of the President of the Senate Aviation Administration, Department of from Colorado (Mr. BENNET) were added on February 2, 2021; to the Committee on Transportation, transmitting, pursuant to as cosponsors of S. Res. 34, a resolution Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Establish- EC–399. A communication from the Man- recognizing the 200th anniversary of ment of Class E Airspace; Norway, Maine’’ agement and Program Analyst, Federal the independence of Greece and cele- ((RIN2120–AA66) (Docket No. FAA–2020–0669)) Aviation Administration, Department of brating democracy in Greece and the received in the Office of the President of the Transportation, transmitting, pursuant to United States. Senate on February 2, 2021; to the Com- law, the report of a rule entitled ‘‘Amend- mittee on Commerce, Science, and Transpor- f ment of V–5 and V–178, and Revocation of V– tation. 513 in the Vicinity of New Hope, Kentucky’’ SUBMITTED RESOLUTIONS ((RIN2120–AA66) (Docket No. FAA–2020–0497)) EC–407. A communication from the Yeo- received in the Office of the President of the man Chief Petty Officer, U.S. Coast Guard, Department of Homeland Security, transmit- Senate on February 2, 2021; to the Com- SENATE RESOLUTION 47—TO PRO- mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- tation. titled ‘‘Special Local Regulation; Fort Lau- VIDE FOR RELATED PROCE- EC–400. A communication from the Man- derdale Air Show; Atlantic Ocean, Fort Lau- DURES CONCERNING THE ARTI- agement and Program Analyst, Federal derdale, Florida’’ ((RIN1625–AA08) (Docket CLE OF IMPEACHMENT AGAINST Aviation Administration, Department of No. USCG–2020–0128)) received in the Office of DONALD JOHN TRUMP, FORMER Transportation, transmitting, pursuant to the President of the Senate on February 2, 2021; to the Committee on Commerce, PRESIDENT OF THE UNITED law, the report of a rule entitled ‘‘Second STATES Limited Extension of Relief for Certain Per- Science, and Transportation. sons and Operations During the Coronavirus EC–408. A communication from the Man- Mr. SCHUMER (for himself and Mr. Disease 2019’’ ((RIN2120–AL66) (Docket No. agement and Program Analyst, Federal MCCONNELL) submitted the following FAA–2020–0446)) received in the Office of the Aviation Administration, Department of resolution; which was considered and President of the Senate on February 2, 2021; Transportation, transmitting, pursuant to agreed to: to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Remote S. RES. 47 and Transportation. Identification of Unmanned Aircraft Sys- EC–401. A communication from the Man- tems’’ ((RIN2120–AL31) (Docket No . FAA– Resolved, agement and Program Analyst, Federal 2019–1100)) received in the Office of the Presi- SECTION 1. The House of Representatives Aviation Administration, Department of dent of the Senate on February 2, 2021; to the shall file its record with the Secretary of the Transportation, transmitting, pursuant to Committee on Commerce, Science, and Senate, which will consist of those publicly law, the report of a rule entitled ‘‘Removal Transportation. available materials that have been sub- of the Special Rule for Model Aircraft’’ mitted to or produced by the House Judici- ((RIN2120–AL43) (Docket No. FAA–2020–1067)) f ary Committee, including transcripts of pub- received in the Office of the President of the lic hearings or mark-ups and any materials Senate on February 2, 2021; to the Com- printed by the House of Representatives or mittee on Commerce, Science, and Transpor- EXECUTIVE REPORT OF the House Judiciary Committee pursuant to tation. COMMITTEE House Resolution 24 or House Resolution 40. EC–402. A communication from the Man- The following executive report of a All materials filed pursuant to this section agement and Program Analyst, Federal shall be printed and made available to all Aviation Administration, Department of nomination was submitted: parties. Transportation, transmitting, pursuant to By Mr. CARPER for the Committee on En- SEC. 2. When, pursuant to Senate Resolu- law, the report of a rule entitled ‘‘Limited vironment and Public Works. tion 16, the Senate convenes as a Court of Extension of Relief for Certain Persons and *Michael Stanley Regan, of North Caro- Impeachment on Tuesday, February 9, 2021, Operations During the Coronavirus Disease lina, to be Administrator of the Environ- there shall immediately be 4 hours of argu- 2019 (COVID–19) Public Health Emergency’’ mental Protection Agency. ment by the parties, equally divided, on the ((RIN2120–AL64) (Docket No. FAA–2020–0446)) *Nomination was reported with rec- question whether Donald John Trump is sub- received in the Office of the President of the ommendation that it be confirmed sub- ject to the jurisdiction of a court of impeach- ment for acts committed while President of Senate on February 2, 2021; to the Com- ject to the nominee’s commitment to mittee on Commerce, Science, and Transpor- the United States, notwithstanding the expi- tation. respond to requests to appear and tes- ration of his term in that office. Each side EC–403. A communication from the Man- tify before any duly constituted com- may determine the number of persons to agement and Program Analyst, Federal mittee of the Senate. present argument on the foregoing question.

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A09FE6.010 S09FEPT1 dlhill on DSK120RN23PROD with SENATE February 9, 2021 CONGRESSIONAL RECORD — SENATE S613 The Senate, without any intervening action, by deliberation by the Senate, if so ordered be limited to 1 hour equally divided. The motion, or amendment, except for delibera- under the Rules of Impeachment, on the Senate, without any intervening action, mo- tion by the Senate, if so ordered under the question of whether it shall be in order to tion, or amendment, shall then decide by the Rules of Procedure and Practice in the Sen- consider and debate under the Rules of Im- yeas and nays whether to admit into evi- ate When Sitting on Impeachment Trials (re- peachment any motion to subpoena wit- dence such materials. If a majority of Sen- ferred to in this resolution as the ‘‘Rules of nesses or documents. The Senate, without ators voting, a quorum being present, shall Impeachment’’), shall then decide the fore- any intervening action, motion, or amend- vote in the affirmative, the materials shall going question by the yeas and nays. If a ma- ment, shall then decide by the yeas and nays be admitted into evidence. If a majority of jority of Senators voting, a quorum being whether it shall be in order to consider and Senators voting, a quorum being present, present, shall vote in the negative, the Sen- debate under the Rules of Impeachment any shall vote in the negative, the materials ate shall order that the article of impeach- motion to subpoena witnesses or documents. shall not be admitted into evidence. ment be immediately dismissed and the Sec- Following the disposition of that question, (b) The disclosure requirements estab- retary shall notify the House of Representa- other motions provided under the Rules of lished under subsection (a) shall not apply to tives of the order of dismissal. If a majority Impeachment shall be in order. evidence discovered by the movant after the of Senators voting, a quorum being present, SEC. 7. (a) If the Senate agrees to allow ei- disclosure deadline, so long as the movant shall vote in the affirmative, the Senate ther the House of Representatives or the declares in writing that the movant was un- shall proceed as provided in this resolution. former President to subpoena witnesses, the aware of such evidence until after the disclo- SEC. 3. The former President and the House witnesses shall first be deposed and the par- sure deadline, and that such evidence could of Representatives shall have until 9:00 a.m. ties shall be allowed other appropriate dis- not reasonably have been discovered until on Wednesday, February 10, 2021, to file any covery. The Senate shall decide after deposi- after the disclosure deadline. motions permitted under the Rules of Im- tion and other appropriate discovery which, (c) The admission of any evidence pursuant peachment with the exception of motions to if any, witnesses shall testify, pursuant to to this section shall not be treated as a con- subpoena witnesses or documents or any the Rules of Impeachment. No testimony cession by any party as to the truth of the other evidentiary motions. Responses to any shall be admissible in the Senate unless the matter asserted by the parties, and the Sen- such motions shall be filed no later than parties have had the opportunity to depose ate as the trier of fact shall decide the 11:00 a.m. on Wednesday, February 10, 2021. such witnesses and to conduct other appro- weight to be given such evidence. All materials filed pursuant to this section priate discovery. SEC. 9. Unless the Senate shall have al- shall be filed with the Secretary and be (b) If the Senate agrees to allow either ready voted on the article of impeachment, printed and made available to all parties. Ar- party to subpoena witnesses, provisions for guments on such motions shall begin at 12:00 the admission of evidence, issuance of sub- the Senate shall convene as a Court of Im- p.m. on Wednesday, February 10, 2021, and poenas, arrangements for depositions, other peachment at 2:00 p.m. on Sunday, February each side may determine the number of per- appropriate discovery, testimony by wit- 14, 2021, notwithstanding rule III of the Rules sons to make its presentation, following nesses in the Senate, if such testimony is or- of Impeachment. which the Senate shall deliberate, if so or- dered by the Senate, and any related matters SEC. 10. Immediately upon the conclusion dered under the Rules of Impeachment, and are to be determined by subsequent resolu- of any action by the Senate under section 8, vote on any such motions. tion of the Senate. or immediately upon the next day on which SEC. 4. Following the disposition of such SEC. 8. (a) If the Senate decides that no the Senate reconvenes as a Court of Im- motions, or if no motions are made, then the party shall be permitted to subpoena wit- peachment after the conclusion of such ac- House of Representatives shall make its nesses pursuant to section 6, the House of tion, the Senate shall proceed to final argu- presentation in support of the article of im- Representatives shall be recognized to make ments as provided in the Rules of Impeach- peachment for a period of time not to exceed a motion to admit into evidence the mate- ment, waiving the 2-person rule contained in 16 hours, over up to 2 session days. If no mo- rials relied upon by the House of Representa- rule XXII of the Rules of Impeachment. Such tions are made under section 3, the House of tives during the trial. The House of Rep- arguments shall not exceed 4 hours, equally Representatives shall begin its presentation resentatives shall be recognized to make divided between the parties. at 12:00 p.m. on Wednesday, February 10, such a motion, however, only if it has dis- SEC. 11. At the conclusion of final argu- 2021. Following the House of Representa- closed to the former President all materials ments as provided under section 10, the Sen- tives’ presentation, the former President it will move to admit into evidence at least ate, without intervening action, except for shall make his presentation for a period not 48 hours before making said motion. Argu- deliberation if so ordered under the Rules of to exceed 16 hours, over up to 2 session days. ments on the motion shall be limited to 1 Impeachment, shall vote on the article of Each side may determine the number of per- hour equally divided. The Senate, without impeachment. sons to make its presentation. Each side any intervening action, motion, or amend- The PRESIDENT pro tempore. The shall have the right to decide for how many ment, shall then decide by the yeas and nays majority leader. hours it shall make its presentation on each whether to admit into evidence such mate- of the up to 2 session days allotted to it, ex- rials. If a majority of Senators voting, a f cept that neither side shall make its presen- quorum being present, shall vote in the af- tation for more than 8 hours on any single firmative, the materials shall be admitted session day. The parties’ presentations need into evidence. If a majority of Senators vot- ADJOURNMENT UNTIL TOMORROW not be limited to argument from the record ing, a quorum being present, shall vote in described in section 1. the negative, the materials shall not be ad- Mr. SCHUMER. Mr. President, I ask SEC. 5. Upon the conclusion of the period mitted into evidence. The former President unanimous consent that the trial ad- allotted for presentations by the parties as shall then be recognized to make a motion to journ until 12 noon tomorrow, Wednes- provided under section 4, Senators may ques- admit into evidence the materials relied day, February 10; and that this order tion the parties for a period of time not to upon by the former President during the also constitute the adjournment of the exceed 4 hours over not more than 1 session trial. The former President shall be recog- Senate. day. nized to make such a motion, however, only SEC. 6. Upon conclusion of the period allot- if he has disclosed to the House of Represent- There being no objection, at 5:10 ted for Senators’ questions as provided under atives all materials he will move to admit p.m., the Senate, sitting as a Court of section 5, there shall be 2 hours of argument, into evidence at least 48 hours before making Impeachment, adjourned until Wednes- equally divided between the parties, followed said motion. Arguments on the motion shall day, February 10, 2021, at 12 noon.

VerDate Sep 11 2014 01:52 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\A09FE6.011 S09FEPT1 dlhill on DSK120RN23PROD with SENATE Tuesday, February 9, 2021 Daily Digest Senate Chamber Action Additional Cosponsors: Page S612 Record Votes: Two record votes were taken today. Routine Proceedings, pages S589–S613 (Total—57) Pages S589–90, S609 Measures Introduced: One resolution was intro- Adjournment: Senate convened at 1 p.m. and ad- duced, as follows: S. Res. 47. Page S589 journed at 5:10 p.m., until 12 noon on Wednesday, Measures Passed: February 10, 2021. (For Senate’s program, see the re- Procedures Concerning the Article of Impeach- marks of the Majority Leader in today’s Record on ment: By 89 yeas to 11 nays (Vote No. 56), Senate page S613.) agreed to S. Res. 47, to provide for related proce- dures concerning the article of impeachment against Committee Meetings Donald John Trump, former President of the United States. Pages S589–90 (Committees not listed did not meet) Impeachment of Former President Trump— BUSINESS MEETING Agreement: Senate resumed consideration of the Ar- ticle of Impeachment against Donald John Trump, Committee on Environment and Public Works: Com- former President of the United States, taking the fol- mittee ordered favorably reported the nomination of lowing actions: Pages S589–S609 Michael Stanley Regan, of North Carolina, to be Ad- By 56 yeas to 44 nays (Vote No. 57), Senate ministrator of the Environmental Protection Agency; agreed that it be in order for former President Don- and an original resolution authorizing expenditures ald John Trump to be subject to a Court of Im- by the committee and adopted its rules of procedure peachment for acts committed while president. for the 117th Congress. Page S609 NOMINATION A unanimous-consent agreement was reached pro- viding for further consideration of the Article of Im- Committee on Homeland Security and Governmental Af- peachment against Donald John Trump, former fairs: Committee concluded a hearing to examine the President of the United States at approximately 12 nomination of Neera Tanden, of Massachusetts, to be noon, on Wednesday, February 10, 2021. Page S613 Director of the Office of Management and Budget, after the nominee, who was introduced by Senators Executive Communications: Pages S609–12 Klobuchar and Booker, testified and answered ques- Executive Reports of Committees: Page S612 tions in her own behalf. h House of Representatives Chamber Action Committee Meetings The House was not in session today. The House is scheduled to meet in Pro Forma session at 9 a.m. ORGANIZATIONAL MEETING on Thursday, February 11, 2021. Committee on the Budget: Full Committee held an or- ganizational meeting. The Committee adopted its rules for the 117th Congress.

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MISCELLANEOUS MEASURE COMMITTEE MEETINGS FOR WEDNESDAY, Committee on Education and Labor: Full Committee FEBRUARY 10, 2021 held a markup on Committee Print to comply with (Committee meetings are open unless otherwise indicated) reconciliation directives included in section 2001 (b) Senate of the Concurrent Resolutions on the Budget for Fis- cal Year 2021, H. Con. Res. 11, and S. Con. Res. Committee on the Budget: to hold hearings to examine the 5. nomination of Neera Tanden, of Massachusetts, to be Di- rector of the Office of Management and Budget, 10 a.m., SD–608. BACK IN ACTION: RESTORING FEDERAL CLIMATE LEADERSHIP House Committee on Energy and Commerce: Committee on En- Committee on Agriculture, Full Committee, organizational vironment and Climate Change held a hearing enti- meeting and business meeting on a proposal to satisfy the Committee’s reconciliation instructions as required by S. tled ‘‘Back in Action: Restoring Federal Climate Con. Res. 5, 2 p.m., Webex. Leadership’’. Testimony was heard from public wit- Committee on Financial Services, Full Committee, markup nesses. on Committee Print of Providing for reconciliation pursu- ant to S. Con. Res. 5, the Concurrent Resolution on the CONSTITUTIONAL MEANS TO PREVENT Budget for Fiscal Year 2021; and legislation to comply ABUSE OF THE CLEMENCY POWER with the reconciliation directive included in section 2001 of the Concurrent Resolution on the Budget for Fiscal Committee on the Judiciary: Subcommittee on the Con- Year 2021, S. Con. Res. 5, 12 p.m., 2128 Rayburn and stitution Civil Rights and Civil Liberties held a Webex. hearing entitled ‘‘Constitutional Means to Prevent Committee on Homeland Security, Full Committee, hearing Abuse of the Clemency Power’’. Testimony was entitled ‘‘Homeland Cybersecurity: Assessing Cyber heard from public witnesses. Threats and Building Resilience’’, 2 p.m., Webex. Committee on House Administration, Full Committee, or- STATE OF THE U.S. MARITIME INDUSTRY: ganizational meeting, 1 p.m., Webex. Committee on Small Business, Full Committee, markup on IMPACTS OF THE COVID–19 PANDEMIC Committee Print providing for reconciliation pursuant to Committee on Transportation and Infrastructure: Sub- S. Con. Res. 5, the Concurrent Resolution on the Budget committee on Coast Guard and Maritime Transpor- for Fiscal Year 2021, 5 p.m., 2360 Rayburn and Webex. tation held a hearing entitled ‘‘State of the U.S. Committee on Transportation and Infrastructure, Full Com- Maritime Industry: Impacts of the COVID–19 Pan- mittee, markup on legislation on proposals to comply with the reconciliation directive included in section 2001 demic’’. Testimony was heard from public witnesses. of the Concurrent Resolution on the Budget for Fiscal Year 2021, S. Con. Res. 5, 11 a.m., 2167 Rayburn and Webex. Joint Meetings Committee on Ways and Means Full Committee, begin No joint committee meetings were held. markup on legislation on proposals to comply with the reconciliation directive included in Section 2001 of the Concurrent Resolution on the Budget for Fiscal Year 2021, S. Con. Res. 5, 10 a.m., 1100 Longworth and Webex.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Wednesday, February 10 9 a.m., Thursday, February 11

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Thursday: House will meet in Pro Forma ation of the Article of Impeachment against Donald John session at 9 a.m. Trump, former President of the United States.

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