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Congressional Record—House H2723 March 14, 2019 CONGRESSIONAL RECORD — HOUSE H2723 hope that other States will follow the ination of ‘‘any links and/or coordination be- cial Counsel Regulations (in 1999, concerning great leadership of the State of Illi- tween the Russian government and individuals the 1993 confrontation in Waco, Texas), both the nois. associated with the campaign of President Don- interim and final reports, including findings, The SPEAKER pro tempore (Mr. ald Trump’’, ‘‘any matters that arose or may provided by the Special Counsel were released to arise directly from the investigation’’, and ‘‘any the public by the Attorney General; and BUTTERFIELD). Members are reminded other matters within the scope of 28 C.F.R. Whereas the allegations at the center of Spe- to refrain from engaging in personal- 600.4(a)’’; cial Counsel Mueller’s investigation strike at the ities toward the President. Whereas the Acting Attorney General ex- core of our democracy, and there is an over- f plained that he had appointed Special Counsel whelming public interest in releasing the Special Mueller because he ‘‘determined that it is in the Counsel’s report to ensure public confidence in EXPRESSING SENSE OF CONGRESS public interest . to . appoint a Special both the process and the result of the investiga- THAT THE REPORT OF SPECIAL Counsel to assume responsibility for this matter tion: Now, therefore, be it COUNSEL MUELLER SHOULD BE . based upon the unique circumstances, the Resolved by the House of Representatives (the MADE AVAILABLE TO THE PUB- public interest requires [him] to place this inves- Senate concurring), That Congress— LIC AND TO CONGRESS tigation under the authority of a person who ex- (1) calls for the public release of any report, ercises a degree of independence from the nor- including findings, Special Counsel Mueller pro- Mr. NADLER. Mr. Speaker, pursuant mal chain of command . [and that] a Special vides to the Attorney General, except to the ex- to House Resolution 208, I call up the Counsel is necessary in order for the American tent the public disclosure of any portion thereof concurrent resolution (H. Con. Res. 24) people to have full confidence in the outcome. is expressly prohibited by law; and expressing the sense of Congress that Our nation is grounded on the rule of law, and (2) calls for the full release to Congress of any the report of Special Counsel Mueller the public must be assured that government offi- report, including findings, Special Counsel should be made available to the public cials administer the law fairly’’; Mueller provides to the Attorney General. Whereas Special Counsel Mueller has pre- The SPEAKER pro tempore. The gen- and to Congress, and ask for its imme- viously served in the Department of Justice as a diate consideration in the House. tleman from New York (Mr. NADLER) prosecutor, United States Attorney, and Direc- and the gentleman from Georgia (Mr. The Clerk read the title of the con- tor of the FBI under both Republican and current resolution. Democratic administrations, and his selection as COLLINS) each will control 30 minutes. The SPEAKER pro tempore. Pursu- the Special Counsel elicited bipartisan praise The Chair recognizes the gentleman ant to House Resolution 208, the recognizing his reputation for competence, fair- from New York. amendments to the concurrent resolu- ness, and nonpartisanship; f tion and the preamble, printed in Whereas the Special Counsel’s investigation has thus far resulted in the public indictment of b 0915 House Report 116–17, are agreed to, and 34 individuals and 3 companies, 7 guilty pleas, GENERAL LEAVE the concurrent resolution, as amended, and 1 conviction following a jury trial; Mr. NADLER. Mr. Speaker, I ask is considered read. Whereas the Special Counsel Regulations pro- unanimous consent that all Members The text of the concurrent resolu- vide that ‘‘[a]t the conclusion of the Special may have 5 legislative days in which to tion, as amended, is as follows: Counsel’s work, he or she shall provide the At- revise and extend their remarks and in- H. CON. RES. 24 torney General with a confidential report ex- plaining the prosecution or declination decisions sert extraneous material on H. Con. Whereas, on January 6, 2017, the Office of the reached by the Special Counsel’’; Res. 24. Director of National Intelligence released a re- Whereas, on January 15, 2019, at his con- The SPEAKER pro tempore. Is there port concluding that ‘‘Russian President Vladi- firmation hearing before the Senate Committee objection to the request of the gen- mir Putin ordered an influence campaign in 2016 on the Judiciary, Attorney General William tleman from New York? aimed at the US presidential election’’, that the Barr testified ‘‘I . believe it is very important goal of this campaign was ‘‘to undermine public There was no objection. that the public and Congress be informed of the Mr. NADLER. Mr. Speaker, I yield faith in the US democratic process’’, and that results of the special counsel’s work. For that ‘‘Putin and the Russian Government developed myself such time as I may consume. reason, my goal will be to provide as much Mr. Speaker, H. Con. Res. 24 ex- a clear preference for President-elect Trump’’; transparency as I can consistent with the law’’; Whereas, on March 20, 2017, the Director of Whereas, on February 22, 2019, the chairs of presses the sense of Congress that any the Federal Bureau of Investigation (FBI) testi- six committees of the House of Representatives report Special Counsel Robert Mueller fied that he was authorized by the Department wrote to Attorney General Barr to inform him of delivers to the Attorney General of Justice to confirm that the FBI is inves- their expectation that he will make Special should be released to the public and to tigating whether ‘‘there was any coordination’’ Counsel Mueller’s report public ‘‘to the max- Congress. This concurrent resolution is between individuals associated with the Trump imum extent permitted by law’’; important for several reasons. presidential campaign and the Russian Govern- Whereas transparency is consistent with the ment; First, transparency is fundamental overall purpose and intent of the Special Coun- to the special counsel process, espe- Whereas part 600 of title 28, Code of Federal sel Regulations and the accompanying Depart- Regulations, as in effect on March 7, 2019 (in ment of Justice commentary, which notes the im- cially when dealing with matters of na- this resolution referred to as ‘‘Special Counsel portance of ‘‘ensur[ing] congressional and pub- tional security involving the President. Regulations’’), provides for the appointment of lic confidence in the integrity of the process’’; In January 2017, the U.S. intelligence a Special Counsel when the Attorney General or Whereas the need for transparency is most community unanimously reported that Acting Attorney General ‘‘determines that crimi- pronounced with regard to investigations that ‘‘Russian President Vladimir Putin or- nal investigation of a person or matter is war- involve the President or individuals associated dered an influence campaign in 2016 ranted and—(a) That investigation . by a with his campaign as the President is respon- aimed at the U.S. Presidential elec- United States Attorney’s Office or litigating Di- sible for the appointment of the senior leader- tion’’ and that ‘‘Putin and the Russian vision of the Department of Justice would ship of the Department of Justice; present a conflict of interest for the Department Whereas the Department of Justice’s United Government developed a clear pref- or other extraordinary circumstances; and (b) States Attorney’s Manual indicates that in pub- erence for President-elect Trump.’’ As That under the circumstances, it would be in lic filings and proceedings, prosecutors ‘‘should a result of the importance of this the public interest to appoint an outside Special remain sensitive to the privacy and reputation charge and the clear conflict of inter- Counsel to assume responsibility for the mat- interests of uncharged third-parties’’, that is, of est in a matter involving the Presi- ter’’; persons who the Department considers may be, dent, Robert Mueller was appointed as Whereas the Special Counsel Regulations call but are not yet criminally charged; special counsel by the Acting Attorney for any individual named as Special Counsel to Whereas this general nonstatutory policy of be a ‘‘lawyer with a reputation for integrity and sensitivity to the ‘‘interests of uncharged third- General ‘‘in order for the American impartial decision making and with appropriate parties’’ should be inapplicable to a sitting people to have full confidence in the experience to ensure that both the investigation President because the Department of Justice’s outcome.’’ will be conducted ably, expeditiously and thor- Office of Legal Counsel has previously written This is why in the only other in- oughly, and that investigative and prosecutorial that ‘‘a sitting President is constitutionally im- stance involving the appointment of a decisions will be supported by an informed un- mune from indictment and criminal prosecu- special counsel under the regulations, derstanding of the criminal law and Department tion’’; concerning the Waco tragedy, the spe- of Justice policies’’; Whereas the Department of Justice has on nu- cial counsel’s report was released in Whereas, on May 17, 2017, the Acting Attor- merous recent occasions provided investigatory full by the Attorney General. ney General appointed former FBI Director Rob- information to Congress and the public con- ert S. Mueller III to serve as Special Counsel ‘‘to cerning investigations of high-level public offi- Second, this resolution is critical be- ensure a full and thorough investigation of the cials in both pending and closed cases; cause of the many questions and criti- Russian government’s efforts to interfere in the Whereas in the only other instance where a cisms of the investigation raised by the 2016 presidential election’’, including an exam- Special Counsel was appointed under the Spe- President and his administration.
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