Senate the Senate Met at 9:30 A.M

Home , Alan Dershowitz, Alexander Vindman, Alice Mary Robertson, Chuck Grassley, Impeach the President, Jay Rockefeller

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

Vol. 166 WASHINGTON, TUESDAY, FEBRUARY 4, 2020 No. 23 Senate The Senate met at 9:30 a.m. and was Mr. LEE thereupon assumed the They wanted impeachment trials to called to order by the Honorable MIKE Chair as Acting President pro tempore. be fair to both sides. They wanted LEE, a Senator from the State of Utah. f them to be timely, avoiding the ‘‘pro- f crastinated determination of the RESERVATION OF LEADER TIME charges.’’ They wanted us to take a PRAYER The ACTING PRESIDENT pro tem- deep breath and decide which outcome The Chaplain, Dr. Barry C. Black, of- pore. Under the previous order, leader- would reflect the facts, protect our in- fered the following prayer: ship time is reserved. stitutions, and advance the common Let us pray. f good. They called the Senate ‘‘the most Eternal God, we offer You our hearts. fit depositary of this important trust.’’ Guide our lawmakers. May they strive MORNING BUSINESS Tomorrow, we will know whether that to permit justice to roll down like The ACTING PRESIDENT pro tem- trust was well-placed. waters and righteousness like a mighty pore. Under the previous order, the The drive to impeach President stream. Grant that they will join You Senate will be in a period of morning Trump did not begin with the allega- in Your messianic thrust to bring good business, with Senators permitted to tions before us. Here was reporting in news to the marginalized, to announce speak therein for up to 10 minutes April of 2016, before the President was freedom for those who suffer, and to each. the nominee: ‘‘Donald Trump isn’t even give sight to the ethically, morally, f the Republican nominee yet . . . [but] and spiritually blind. Lord, inspire our RECOGNITION OF THE MAJORITY ‘Impeachment’ is already on the lips of Senators to live pure and blameless LEADER pundits, newspaper editorials, constitu- lives, seeking to bring the greatest tional scholars, and even a few mem- glory to You. The ACTING PRESIDENT pro tem- bers of Congress.’’ pore. The majority leader is recog- We pray in Your strong Name. Amen. Here was the Washington Post head- nized. f line minutes after President Trump’s f PLEDGE OF ALLEGIANCE inauguration: ‘‘The campaign to im- IMPEACHMENT peach President Trump has begun,’’ the The Presiding Officer led the Pledge Washington Post says. of Allegiance, as follows: Mr. MCCONNELL. Mr. President, The Articles of Impeachment before I pledge allegiance to the Flag of the these past weeks, the Senate has grap- United States of America, and to the Repub- pled with as grave a subject as we ever us were not even the first ones House lic for which it stands, one nation under God, consider: a request from a majority of Democrats introduced. This was go- indivisible, with liberty and justice for all. the House to remove the President. around number, roughly, seven. Those previously alleged high crimes and f The Framers took impeachment extremely seriously, but they harbored misdemeanors included things like APPOINTMENT OF ACTING no illusions that these trials would al- being impolite to the press and to pro- PRESIDENT PRO TEMPORE ways begin for the right reasons. fessional athletes. It insults the intel- The PRESIDING OFFICER. The Alexander Hamilton warned that ligence of the American people to pre- clerk will please read a communication ‘‘the demon of faction’’ would ‘‘extend tend this was a solemn process reluc- to the Senate from the President pro his sceptre’’ over the House of Rep- tantly begun because of withheld for- tempore (Mr. GRASSLEY). resentatives ‘‘at certain seasons.’’ He eign aid. No, Washington Democrats’ The legislative clerk read the fol- warned that ‘‘an intemperate or deposition on this President has been lowing letter: signing majority of the House’’ might clear literally for years. Their position U.S. SENATE, misuse impeachment as a weapon of or- was obvious when they openly rooted PRESIDENT PRO TEMPORE, dinary politics rather than emergency for the Mueller investigation to tear Washington, DC, February 4, 2020. tool of last resort. The Framers knew our country apart and were dis- To the Senate: impeachments might begin with over- appointed when the facts proved other- Under the provisions of rule I, paragraph 3, heated passions and short-term fac- wise. It was obvious when they sought of the Standing Rules of the Senate, I hereby tualism. But they knew those things to impeach the President over and appoint the Honorable MIKE LEE, a Senator over. from the State of Utah, to perform the du- could not get the final say, so they ties of the Chair. placed the ultimate judgment not in Here is their real position: Wash- CHUCK GRASSLEY, the fractious lower Chamber but in the ington Democrats think President President pro tempore. sober and stable Senate. Donald Trump committed a high crime

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

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VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.000 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S814 CONGRESSIONAL RECORD — SENATE February 4, 2020 or misdemeanor the moment he de- incontrovertible at the same time they So House Democrats sailed into new feated Hillary Clinton in the 2016 elec- were arguing for more witnesses. and dangerous waters—the first im- tion. That is the original sin of this But in reality, both of the House’s peachment unbound by the criminal Presidency: that he won and they lost. accusations are constitutionally inco- law. Any House that felt it needed to Ever since, the Nation has suffered herent. take this radical step owed the country through a grinding campaign against The ‘‘obstruction of Congress’’ the most fair and painstaking process, our norms and institutions from the charge is absurd and dangerous. House the most rigorous investigation, the same people who keep shouting that Democrats argued that anytime the most bipartisan effort. Instead, we got our norms and institutions need de- Speaker invokes the House’s ‘‘sole the opposite—the exact opposite. fending—a campaign to degrade our de- power of impeachment,’’ the President The House managers argued that the mocracy and delegitimize our elections must do whatever the House demands, President could not have been acting in from the same people who shout that no questions asked. Invoking executive the national interest because he acted confidence in our democracy must be branch privileges and immunities in re- inconsistently with their own concep- paramount. sponse to House subpoenas becomes an tion of the national interest. Let me We have watched a major American impeachable offense itself. say that again. The House managers political party adopt the following ab- Here is how Chairman SCHIFF put it were basically arguing that the Presi- surd proposition: We think this Presi- back in October. ‘‘Any action’’—any dent could not have been acting in the dent is a bull in a China shop, so we are action—‘‘that forces us to litigate, or national interest because he acted in- going to drive a bulldozer through the have to consider litigation, will be con- consistently with their conception of China shop to get rid of him. This fever sidered further evidence of obstruction the national interest, a conception led to the most rushed, least fair, and of justice.’’ shared by some of President’s subordi- least thorough Presidential impeach- That is nonsense impeachment. That nates as well. ment inquiry in American history. is nonsense. ‘‘Impeachment’’ is not This does not even approach a case The House inquiry under President some magical constitutional trump for the first Presidential removal in Nixon spanned many months. The spe- card that melts away the separations American history. It doesn’t even ap- cial prosecutors’ investigation added between the branches of government. proach it. Such an act cannot rest many more months. With President The Framers did not leave the House a alone on the exercise of a constitu- Clinton, the independent counsel secret constitutional steamroller that tional power, combined with concerns worked literally for years. It takes everyone somehow overlooked for 230 about whether the President’s motiva- time to find facts. It takes time to liti- years. tions were public or personal, and a gate executive privilege, which hap- When Congress subpoenas executive disagreement over whether the exer- pened in both those investigations. branch officials with questions of privi- cise of the power was in the national Litigating privilege questions is a nor- lege, the two sides either reach an ac- interests. mal step that investigators of both par- commodation or they go to court. That The Framers gave our Nation an ulti- ties understood was their responsi- is the way it works. mate tool for evaluating a President’s bility. But this time, there was no So can you imagine if the shoe were character and policy decisions. They lengthy investigation, no serious in- on the other foot? How would Demo- are called elections. They are called quiry. The House abandoned its own crats and the press have responded if elections. If Washington Democrats have a case subpoenas. They had an arbitrary po- House Republicans had told President to make against the President’s reelec- litical deadline to meet. They had to Obama: We don’t want to litigate our tion, they should go out and make it. impeach by Christmas. They had to im- subpoenas over Fast and Furious. So if Let them try to do what they failed to peach by Christmas. So in December, you make us step foot in court, we will do 3 years ago and sell the American House Democrats realized the Framers’ just impeach you. We will just impeach people on their vision for the country. nightmare. A purely partisan majority you. approved two Articles of Impeachment I can certainly see why, given Presi- Of course, that is not what happened. dent Trump’s remarkable achieve- over bipartisan opposition. The Republican House litigated its sub- After the Speaker of the House de- ments over the past 3 years, Democrats poenas for years until they prevailed. layed for a month in a futile effort to might feel a bit uneasy about defeating So much for ‘‘obstruction of Con- dictate Senate process to Senators, the him at the ballot box. But they don’t gress.’’ articles finally arrived over here in the get to rip the choice away from the And the ‘‘abuse of power’’ charge is Senate. voters just because they are afraid Over the course of the trial, Senators just as unpersuasive and dangerous. By they might lose again. They don’t get have heard sworn video testimony from passing that article, House Democrats to strike President Trump’s name from 13 witnesses, over 193 video clips. We gave in to a temptation that every pre- the ballot just because, as one House have entered more than 28,000 pages of vious House has resisted. They im- Democrat put it, ‘‘I am concerned that documents into evidence, including 17 peached a President without even al- if we don’t impeach [him], he will get depositions. And our Members asked leging a crime known to our laws. re-elected.’’ 180 questions. In contrast to the House Now, I do not subscribe to the legal The impeachment power exists for a proceedings, our trial gave both sides a theory that impeachment requires a reason. It is no nullity. But invoking it fair platform. Our process tracked with violation of a criminal statute, but on a partisan whim to settle 3-year-old the structure that Senators adopted for there are powerful reasons why, for 230 political scores does not honor the the Clinton trial 20 years ago. years, every Presidential impeachment Framers’ design. It insults the Fram- Just as Democrats such as the cur- did in fact allege a criminal violation. ers’ design. rent Democratic leader and then-Sen- The Framers explicitly rejected im- Frankly, it is hard to believe that ator Joe Biden argued at length in 1999, peachment for ‘‘maladministration,’’ a House Democrats ever really thought we recognized that Senate traditions general charge under English law that this reckless and precedent-breaking imposed no obligation to hear new live basically encompassed bad manage- process would yield 67 votes to cross witness testimony if it is not necessary ment—a sort of general vote of no con- the Rubicon. to decide the case—if it is not nec- fidence. Except in the most extreme Was their vision so clouded by par- essary to decide the case; let me em- circumstances, except for acts that tisanship that they really believed— phasize that. overwhelmingly shocked the national they really believed—this would be The House managers themselves said conscience, the Framers decided Presi- anywhere near enough for the first over and over that additional testi- dents must serve at the pleasure of the Presidential removal in American his- mony was not necessary to prove their electorate—the electorate—and not at tory? case. They claimed dozens of times the pleasure of House majorities. As Or was success beside the point? Was that their existing case was ‘‘over- Hamilton wrote, ‘‘It is one thing to be this all an effort to hijack our institu- whelming’’ and ‘‘incontrovertible.’’ subordinate to the laws, and another to tions for a month-long political rally? That was the House managers saying be dependent’’—dependent—‘‘on the Either way, ‘‘the demon of faction’’ their evidence was overwhelming and legislative body. has been on full display, but now it is

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.002 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S815 time for him, the demon, to exit the they were afraid of what it would show, the two charges presented by the House stage. We have indeed witnessed an and that is all that needs to be said. managers—abuse of power and obstruc- abuse of power—a grave abuse of I yield the floor. tion of Congress—did not provide a power—by just the kind of House ma- I suggest the absence of a quorum. compelling case for removing this jority that the Framers warned us The PRESIDING OFFICER. The President. about. clerk will call the roll. According to public reporting, House So tomorrow—tomorrow—the Senate The legislative clerk proceeded to Democrats toyed with charging the must do what we were created to do. call the roll. President with bribery, believing that We have done our duty. We considered Mr. THUNE. Madam President, I ask it polled well, but they didn’t have the all the arguments. We have studied the unanimous consent that the order for evidence to prove that charge or, in- ‘‘mountain of evidence,’’ and, tomor- the quorum call be rescinded. deed, to prove any actual crime. row, we will vote. The PRESIDING OFFICER (Mrs. While allegations of specific criminal We must vote to reject the House’s HYDE-SMITH). Without objection, it is conduct may not be constitutionally abuse of power, vote to protect our in- so ordered. required, they anchor impeachment in stitutions, vote to reject new prece- Mr. THUNE. Madam President, to- the law, and their absence is telling. dents that would reduce the Framers’ morrow we will be voting on the two Lacking evidence of a specific crime, design to rubble, and vote to keep fac- impeachment articles sent over to us the House decided to use the shotgun tional fever from boiling over and by the House of Representatives, a approach and throw everything under scorching our Republic. process, as the leader pointed out, that the catchall ‘‘abuse of power’’ um- I urge every one of our colleagues to really started from the very day this brella. cast the vote that the facts in evi- President took office. Abuse of power is vaguely defined dence, the Constitution, and the com- I will be voting to acquit the Presi- and subject to interpretation. In fact, I mon good clearly require. Vote to ac- dent for several reasons. First and fore- don’t believe there has been a Presi- quit the President of these charges. most, I do not believe the facts in this dent in my lifetime who hasn’t been ac- I suggest the absence of a quorum. case rise to the high bar that the cused of some form of abuse of power. The PRESIDING OFFICER (Mr. CAS- Founders set for removal from office. For that reason, abuse of power seemed SIDY). The clerk will call the roll. The Founders imposed a threshold for to me a fairly weak predicate on which The legislative clerk proceeded to impeachment of ‘‘Treason, Bribery, or to remove a democratically elected call the roll. other high Crimes and Mis- President from office. During the Clin- Mr. SCHUMER. Mr. President, I ask demeanors’’—in other words, very seri- ton impeachment, I voted against the unanimous consent that the order for ous violations of the public trust. abuse of power article precisely be- the quorum call be rescinded. The Founders were deliberate in cause I believed it did not offer strong The PRESIDING OFFICER. Without their choice of words. They wanted to grounds for removing the duly elected objection, it is so ordered. be clear that impeachment was a se- President. f vere remedy to be deployed only for With respect to the second article, obstruction of Congress, the House RECOGNITION OF THE MINORITY very serious violations. When George took issue with the President’s asser- LEADER Mason proposed adding the term ‘‘mal- tion of legal privileges, including those The PRESIDING OFFICER. The administration’’ to the impeachment clause during the Constitutional Con- rooted in the constitutional separation Democratic leader is recognized. of powers. Of course, every President in vention, the Framers rejected the pro- Mr. SCHUMER. Mr. President, the recent memory has invoked such privi- posal because, as Madison pointed out, majority leader can come up on the leges—for example, when the Obama the term was too vague and would be floor and repeat his talking points, but administration cited executive privi- ‘‘equivalent to a tenure during pleasure there are some salient points that are lege to deny documents to Congress of the Senate.’’ irrefutable. during the Fast and Furious The Founders recognized that with- The first, this is the first impeach- gunrunning investigation. ment trial of a President or impeach- out safeguards, impeachment could The House could have challenged the ment trial of anybody else that was quickly degenerate into a political President’s privilege claims by going completed that has no witnesses and no weapon to be used to turn over elec- through the traditional channels to re- documents. The American people are tions when one faction or another de- solve disputes between the executive just amazed that our Republican cided they didn’t like the President. and legislative branches, that being, of friends would not even ask for wit- That is why the Founders split the im- course, the courts. That is what was nesses and documents. peachment power, giving the House the done in previous impeachment inquir- I thought the House did a very good sole authority to impeach and the Sen- ies, like the Clinton impeachment. But job. I thought they made a compelling ate the sole authority to try impeach- the House skipped that step in the case. But even if you didn’t, the idea ments. As a final check, the Founders hopes that the Senate would bail them that that means you shouldn’t have required a two-thirds supermajority out and compel testimony and docu- witnesses and documents, when we are vote in the Senate to remove a Presi- ments that the House, in its rush to doing something as august, as impor- dent from office. All of these things impeachment, was unwilling to pro- tant as an impeachment trial, fails the show just how seriously the Founders cure. Again, it seemed like a very thin laugh test. It makes people believe— regarded removing a duly elected basis on which to remove a duly elect- correctly, in my judgment—that the President. They intended it as an ex- ed President from office. administration, its top people, and treme remedy to be used only in very The facts in the case are that aid to Senate Republicans are all hiding the grave circumstances. Ukraine was released prior to the end truth. They are afraid of the truth. I do not believe that the charges the of the fiscal year. No investigation of Second, the charges are extremely se- House has leveled against the Presi- the scandal-plagued firm Burisma or rious. To interfere in an election, to dent meet that high bar. The House the Bidens was ever initiated. While we blackmail a foreign country to inter- managers’ presentation, which can debate the President’s judgment fere in our elections gets at the very stretched over 22 hours, included testi- when it comes to his dealings with core of what our democracy is about. If mony from more than a dozen wit- Ukraine or even conclude that his ac- Americans believe that they don’t de- nesses. We also heard from the House tions were inappropriate, the House’s termine who is President, who is Gov- managers during more than 16 hours of vague and overreaching impeachment ernor, who is Senator, but some foreign questions from Senators—in all, about charges do not meet the high bar set by potentate out of reach of any law en- 180 questions—and we received more the Founders for removal from office. forcement can jaundice our elections, than 28,000 pages of testimony, evi- My second consideration in voting to that is the beginning of the end of de- dence, and arguments from the House acquit the President is the deeply par- mocracy. of Representatives. tisan nature of the House’s impeach- So it is a serious charge. Republicans I considered all the evidence care- ment proceedings. The Founders’ over- refused to get the evidence because fully, but ultimately I concluded that riding concern about impeachment was

VerDate Sep 11 2014 05:13 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.003 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S816 CONGRESSIONAL RECORD — SENATE February 4, 2020 that partisan majorities could use im- upcoming election would almost cer- icans that President Nixon committed peachment as a political weapon. tainly plunge the country into even crimes, forcing his resignation with In Federalist 65, Alexander Hamilton greater political turmoil. overwhelming support for removal in speaks of the danger of impeachment I am deeply troubled by the events of the House and the Senate. being used by ‘‘an intemperate or de- the past few months. I have always be- In the case against President Trump, signing majority in the House of Rep- lieved that we can differ here in Con- the House declined to call witnesses it resentatives.’’ By limiting the House’s gress while still respecting and work- felt relevant, arguing that the courts power to impeaching the President and ing with those who disagree with us, would take too long and the President not to removing him from office, the but Democrats have increasingly was an imminent threat to our Repub- Founders hoped that the Senate would sought to demonize anyone who doesn’t lic. House managers blamed legal re- act as a check on any attempt by the share their obsession with impeaching sistance from the administration and House to use the power of impeach- this President. One of the House man- witnesses. For example, Dr. Charles ment for partisan purposes. agers in this trial went so far as to sug- Kupperman threatened to sue. A con- Unfortunately, the Founders’ con- gest that any Senator who voted gressional committee afraid of being cerns about partisanship were realized against them was treacherous. sued while claiming to be fearlessly in this impeachment process. For the At one point, a Senator asked wheth- pursuing truth for the good of the first time in modern history, impeach- er the Chief Justice’s constitutionally country rings hollow. It also rang hol- ment was initiated and conducted on a required participation in the trial was low when ADAM SCHIFF said that we purely partisan basis. contributing to ‘‘the loss of legitimacy could not wait for the next election for While the Nixon impeachment proof the Chief Justice, the Supreme voters to decide President Trump’s fate ceedings in the House are held up as an Court, and the Constitution,’’ with the after Speaker NANCY PELOSI held the example of bipartisanship, even the im- clear suggestion that the only way for articles for 37 days. That decision peachment of President Clinton was the Supreme Court to maintain its le- smacks of partisan political motiva- initiated with the support of more than gitimacy would be for it to agree with tions. 30 Democrats. By contrast, in this case, the Democratic Party. We have sunk The partisanship the Founders House Democrats drove ahead in a pretty low when we have come to the warned against was reflected in the completely—completely—partisan ex- point of suggesting that disagreement House vote with the only bipartisan ercise. Then they rushed through the is unconstitutional. votes being against impeachment. impeachment process at breakneck But for all this, I remain hopeful. House Managers SCHIFF, NADLER, and speed, rejecting a thorough investiga- Congress has been through contentious LOFGREN once said that party-line im- tion because they wanted to impeach times before, and we have gotten peachment would divide the Nation. the President as fast as possible. Then through them. There is no question They never explained why their opin- they expected the Senate to take on that this partisan impeachment has ions changed. The role of the Senate, though, is to the House’s investigative responsi- been divisive, but I do believe we can judge the House’s evidence. House man- bility. move on from this. I am ready to work agers stated their case was ‘‘over- House Democrats paid lip service to with all of my colleagues, both Demo- whelming’’ and ‘‘compelling.’’ Having the idea that they regretted having to crat and Republican, in the coming not pursued further witness testimony impeach the President, but their ac- weeks and months as we get back to in building their case, the House man- tions told a different story. The Speak- the business of the American people. agers demanded the Senate call wit- er of the House—the Speaker—distrib- And for the Nation that we all love, I nesses the House did not call. uted celebratory pens when she signed pray that proves possible. Additional witnesses, however, would the Articles of Impeachment and then I yield the floor. not have changed material facts, but went on TV and celebrated the im- The PRESIDING OFFICER. The Sen- allowing the House to poorly develop a peachment with a fist bump. ator from Louisiana. case, sacrificing thoroughness for polit- Mr. CASSIDY. Madam President, the It doesn’t require much work to ical timing, would have forever Senate must determine whether to re- imagine the damage that could be done changed the dynamic of the Chambers to our Republic if impeachment be- move a President duly elected by the respective to the role of each in the im- comes a weapon to be used whenever a people. A decision of such magnitude peachment process. Should the Senate political party doesn’t like a President. deserves, first, full consideration of the acquiesce in this manipulation of the Pretty soon, Presidents would not be procedures; second, the merits of the process, it would welcome the House to serving at the pleasure of the American charges; and third, the ramifications use impeachment as a political weap- people but at the pleasure of the House removal would have on our Republic. on, whatever the merits of its case. and the Senate. The Framers of the Constitution I have been speaking of procedure. I We need to call a halt before we have granted the House of Representatives want to emphasize that procedure mat- gone too far to turn back. Endorsing impeachment powers yet cautioned ters. Justice Frankfurter once wrote: the House’s rushed, partisan, and slip- against using that power unless abso- ‘‘The history of liberty has largely shod work would encourage future lutely necessary. Impeachment negates been the history of the observance of Houses to use impeachment for par- an election in which Americans choose procedural safeguards.’’ If the appro- tisan purposes. Both parties need to their leader. If substantial numbers of priate use of impeachment is to be pre- learn that partisan impeachments are Americans disagree with removing the served, procedural safeguards must be perilous. President, removal damages civic soci- observed. Finally, I believe that except in the ety. It follows that the House should Moving now to charges, in article II, most extreme circumstances, it should conduct thorough and complete inves- House managers argued the President be the American people, and not Wash- tigations, even if time-consuming, be- obstructed Congress by acting on the ington politicians, who decide whether fore impeaching. advice of legal counsel to resist sub- a President should be removed from of- A thorough investigation educates poenas. The judiciary resolves disputes fice. Presidential primary voting, as we Americans that a President should be between the executive and legislative learned yesterday in Iowa, is already impeached and removed. Failing to branches. The House should have ex- underway. We have a Presidential elec- convince the people invites anger to- hausted judicial remedies before bring- tion in November, when the people of wards, disdain for, and abandonment of ing this charge. I shall vote against ar- this country can weigh in and make the democratic process. ticle II. their voices heard. I think we should The Framers also required a two- On article I, abuse of power, three leave the decision up to them. thirds Senate majority for removal to issues must be addressed: one, the legal Indeed, given the deep divisions prevent partisanship, so that removal standard of guilt by which to judge the plaguing our country, as reflected in only occurs after the House convinces President; two, whether the President the starkly different views about this its own Members, the Senate, and the committed a crime; and if so, three, impeachment, removing the President American people. The Watergate inves- whether that crime warrants removal from office and from the ballots for the tigation, for example, convinced Amer- from office.

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.006 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S817 First, the standard of guilt was never Since the House managers allege Absent restraint, the impeachment established. Legal standards for convic- President Trump committed something process would be all too tempting for tion vary from the lower—more prob- ‘‘akin to a crime,’’ in deciding whether those who oppose a sitting President to able than not—threshold to the higher, abuse of power is a high crime or mis- simply use it as a tool to achieve polit- which is beyond a reasonable doubt, demeanor, the prudent decision is to ical advantage. which is used in criminal cases. apply the principle of lenity. This prin- Each of us had one job—one job—dur- Since House managers charged ciple, relied upon by Supreme Court ing this process: to decide, based on the ‘‘something akin’’ to a crime, ‘‘beyond Justice Marshall and Justice Frank- evidence, whether the President com- a reasonable doubt’’ seems most appro- furter, says that if a law is ambiguous, mitted an impeachable offense. Upon priate, the higher threshold. As Sen- it is better to narrowly interpret the reviewing the record containing the ator Jay Rockefeller stated during words of a law in favor of the defend- testimony of 17 witnesses and over President Clinton’s impeachment, be- ant. 28,000 pages, as well as hearing from yond a reasonable doubt ‘‘means that Although the preceding discussion both sides on their arguments pre- it is proven to a moral certainty, that finds that the House managers failed to sented throughout this process, I will the case is clear, that the case is con- prove their case beyond a shadow of a vote against both Articles of Impeach- cise.’’ doubt, failed to define the crime, there- ment. Second, House managers allege that by invoking the principle of lenity, it The arguments of the House man- the President held military aid to is still a question that if a crime was agers simply did not demonstrate that Ukraine to leverage an investigation committed, was it an impeachable the President’s actions rise to an im- into former Vice President Biden as a crime? peachable offense. Given the constitu- quid pro quo, although they did not In 1998, then-Democratic Congress- tional requirements, voting any other charge President Trump with the crime man Ed Markey argued that even way on these articles would remove the of requiring a quid pro quo or bribery. though President Clinton, as chief law ability of the American people to make The President’s defense team cast rea- enforcement officer of the land, lied their own decision at the ballot box in sonable doubt on this allegation. under oath, the crime was not im- November. For example, regarding the July 25 This process was fraught from the peachable. The Senate agreed, estab- phone call, which was reported by the start with political aims and partisan lishing the precedent that to remove a whistleblower and which triggered the innuendos that simply cannot be over- President, the crime must reach a high House impeachment proceedings, the looked. threshold of severity. The allegation President raised the issue of corruption The House managers’ arguments in Ukraine. President Trump has al- against President Trump was not prov- have argued that the American people ways been skeptical of foreign aid and en beyond a reasonable doubt, and it cannot be trusted to render their own especially when he thinks it is wasted. does not meet that high threshold. judgment on this President. I reject Hunter Biden was mentioned, but no I shall vote against article I. this premise and the complete distrust connection was made with the release I end by speaking of the ramifica- of the American people with every- of aid to Ukraine. tions for our Republic. In 1998, then- thing in my heart. To do this would set Other defense arguments included Congressman CHUCK SCHUMER said of a new and dangerous precedent in that Ambassador Kurt Volker denied a the Clinton impeachment: American history. connection between aid and corruption I suspect history will show that we have As we sit here today, we believe we investigations; President Zelensky and lowered the bar on impeachment so much, are experiencing a unique and histor- Ukrainian officials denied feeling pres- we have broken the seal on this extreme pen- ical event; however, if the case pre- sure; and President Trump denied a alty so cavalierly that it will be used as a sented by the House of Representatives routine tool to fight political battles. My is allowed to be the basis for the re- quid pro quo to Ambassador Sondland fear is that when a Republican wins the and told Senator RON JOHNSON, when White House, Democrats will demand pay- moval of this President, I am afraid asked if there was some sort of ar- back. that impeachment will become just another tool used by those who play par- rangement, ‘‘No way. I would never do Mr. SCHUMER was a prophet. tisan politics. This is not what the that.’’ This must stop. Both aid to Ukraine was released be- Founders intended, and this is a very With that, I yield. fore the statutory deadline and a meet- dark path to go down. The PRESIDING OFFICER. The Sen- ing between Presidents Trump and Under the Constitution, impeach- ator from Iowa. Zelensky occurred without an an- ment wasn’t designed to be a litmus Ms. ERNST. Madam President, I nounced investigation. test on every action of the President’s; It is also important to note that the want to first thank the House man- elections were designed to be that release of aid on September 11 followed agers and the counsel for the President check. Further, the issue of foreign af- new Ukrainian anti-corruption meas- for their time and their hard work and fairs has historically been fraught with ures, which included swearing in a re- patience these past few weeks. peril for Presidents. Foreign affairs is formed Parliament and installing a Yes, folks, we have had a robust and an art, not a science, and trying to in- new prosecutor general—August 29— at times a rancorous trial. Some days I sert a formula into every Presidential and the newly established High Anti- left here feeling angry, and some days interaction with a foreign leader is a Corruption Court meeting for the first I left more hopeful. Frankly, it is like- path toward ineffectiveness. time—September 5. ly that many Americans—and in my The Senate is about to close this The third issue regarding article I, case, Iowans—from every political chapter in American history. I pray abuse of power, is that the term is a stripe will feel hurt by this process at that we do not allow this to become nebulous one which does not define a some level. But we are all representa- the norm. I also pray earnestly that we specific crime. Contrast this with the tives of the ideals and beliefs of the will shift into a spirit of cohesiveness, impeachment of President Nixon when people we are here to represent. coming together to get our work done the House drafted an Article of Im- Like all of you, I have sworn an oath for the American people. Our people, peachment alleging abuse of power to uphold the Constitution, and I take our Founders, our country, and my which enumerated five specific crimi- that oath very seriously. There have great State of Iowa deserve better than nal and noncriminal offenses against been a lot of arguments presented this. President Nixon. about what the Constitution says re- I yield the floor. The Constitution speaks of treason, garding the threshold for impeaching a The PRESIDING OFFICER. The Sen- bribery, or other high crimes and mis- President. It is clear to me that the ator from the great State of Mis- demeanors. Because high crimes and Constitution goes out of its way to sissippi. misdemeanors are not specifically de- make it a high bar for removing the Mr. WICKER. Madam President, to- fined, it is reasonable to assume that President. This is because the Found- morrow I will cast my vote against the the Framers meant for impeachment to ers were rightfully concerned that im- removal of our duly elected President. occur only if a crime approached levels peachment might be used to upend the I will do so based upon my under- as severe as treason and bribery. electoral will of the American people. standing of the duty conferred upon me

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.007 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S818 CONGRESSIONAL RECORD — SENATE February 4, 2020 by the Constitution of the United tions and requires broad consensus in cles for more than a month. If this States. the Senate. Members of both parties trial was so urgent, why not send the I do not believe the House managers have, in the past, warned about the articles without delay? Some might have proved the allegations contained dangers of a narrowly partisan im- conclude that by withholding the arti- in the Articles of Impeachment, nor do peachment. cles, the Speaker exposed that she did I believe the articles allege conduct As late as last year, House Speaker not, in fact, believe that this case was that may be used as grounds for re- NANCY PELOSI cautioned: so urgent. Perhaps it was an effort to moval. I find the President’s counsel to Impeachment is so divisive to the country influence our procedural decisions. I do be persuasive in this regard. Signifi- that unless there’s something so compelling not impugn motives here. Our rules cantly, much of the American public, and overwhelming and bipartisan, I don’t prohibit me from doing so. I merely without the benefit of learned constitu- think we should go down that path because note an obvious change for whatever tional instruction, has come to the it divides the country. reason. same conclusion. Congressman NADLER, one of the im- As I consider the high bar of im- During the 21⁄2 weeks of this trial, we peachment managers, said in 1998: peachment tomorrow, I will vote not to have received more than 28,000 pages of There must never be a narrowly voted im- convict. I will do so because there is documents, we have seen 192 video clips peachment or an impeachment substantially not overwhelming evidence, because no of 13 different witnesses, we had the op- supported by one of our major political par- high crimes are shown, because there is portunity to question each side for a ties and largely opposed by the other. Such not a broad consensus among my coun- total of 16 hours, and we have listened an impeachment would lack legitimacy, trymen, only articles passed on a nar- to literally hours and hours of argu- would produce divisiveness and bitterness in rowly partisan basis, and because re- our politics for years to come. ment. Clearly, I am unable to discuss moving President Trump on these every aspect of the trial in the time al- This wide approach has been sup- charges at this time would set a dan- lotted me. Some facts in this case are ported in the past by House Manager gerous precedent. in dispute, but many are not. Here is ZOE LOFGREN, by Senator and future I conclude by reminding my col- what we all know beyond a doubt: Vice President Joe Biden, and by our leagues that we are the trustees of the First, we know that voices on the left own colleagues, Senator MENENDEZ and Constitution of 1787. We have the privi- have been calling for the impeachment SCHUMER, who feared that impeach- lege and responsibility of standing on of Donald Trump since day one—lit- ment would become a routine tool. the shoulders of our remarkably per- erally day one. The Washington Post These leaders had good company in ceptive Founders, but we also act as on January 20, 2017, published an arti- taking this position. In Federalist No. trustees for our Republic on behalf of cle titled ‘‘The Campaign to Impeach 65, Alexander Hamilton warned of the future generations. With that in mind, President Trump Has Begun’’ on Inau- danger that the decision to impeach we have an enhanced obligation to be guration Day. ‘‘will be regulated more by the com- careful, to resist the passions of the Secondly, we know that the parative strength of the parties than moment, and to remember that what yearslong $32 million Mueller inves- by the real demonstrations of inno- we do today establishes precedence for tigation failed to reveal sufficient am- cence or guilt.’’ decades and centuries to come. munition for those who desired im- Many of our Democratic friends who Manager SCHIFF closed his remarks peachment. once sided with Hamilton have appar- yesterday with an ominous reference to Third, the impeachment of this ently changed their minds. They have nefarious midnight decisions somehow President in the House was the result also reversed themselves on the ur- threatening the freedom or welfare of of a narrowly partisan vote, with no gency of doing so—a rather sudden and Americans. His hopeful conclusion was Republican Representatives—zero— abrupt change of heart on that ques- that it is midnight in America, but the voting in favor of the articles. tion. Sun will rise tomorrow, a sentiment I And fourth, a guilty verdict this House advocates of impeachment happen to share, though my concept of week would not only immediately re- have argued that President Trump is what amounts to a beautiful sunrise move the President from office, but it willing to cheat in the ongoing election may differ from his. Over a century ago, during the would also remove his name from the and amounting to such an imminent depths of World War I, Vachel Lindsay ballot in an election, which is already threat to our democracy that he must composed ‘‘Abraham Lincoln Walks at going on, and the first caucuses of be removed at once. Unless he is out of office and out quickly, they assert, we Midnight,’’ imagining an agonized, which were conducted only yesterday. sleepless Lincoln walking the streets of The words are right there in articles I cannot have any confidence that the 2020 election results will be trust- Springfield, dismayed over the carnage and II, on pages 3 and 4 of the resolu- in Europe. worthy. tion: ‘‘disqualification to hold . . . any Let us ask ourselves today, do Ham- I ask: Does any Senator really be- office.’’ ilton and Madison and Franklin walk The Founders of this country en- lieve that; that America cannot have a these venerable halls at midnight? Do trusted Congress with the power of im- fair election if Donald Trump is in the these Founding Fathers traverse the peachment as a check and balance on White House? But that alleged danger stone corridors of these great building, the executive branch. This power was was the reason for the abbreviated this symbol of stability and rule of never intended to settle policy dif- House procedure. The lead House man- law? If they do, they caution us, as ferences or political disagreements— ager, Congressman SCHIFF, said in an they always have, to be careful, to even intense disagreements. It was not interview last year that the timing of avoid rash decisions, to resist the urges designed so that Congress could get rid impeachment was driven by the ur- of partisanship, and to let the Con- of a President they found odious or ob- gency of removing the President. Con- stitution work. I hope my colleagues noxious or with whom they vehemently gressman NADLER agreed, saying that will heed their counsel. disagree. ‘‘nothing could be more urgent.’’ I yield the floor. The Constitution gives Congress this Speaker PELOSI repeated the same ar- The PRESIDING OFFICER. The Sen- extraordinary authority as a remedy gument many times to explain the ator from Connecticut. only for what it calls ‘‘high Crimes and rushed process in the House and why Mr. BLUMENTHAL. Madam Presi- Misdemeanors.’’ And making it clear there was not time to give the Presi- dent, as we think back over these last what an extreme action of impeach- dent a fair hearing. Senators heard the weeks, when we have sat together on ment is, the Framers required the sup- words repeated and repeated on video the floor considering evidence and sit- port of two-thirds in this Chamber in clips shown during this trial—‘‘ur- ting in judgment as jurors and judges, order to convict. gent,’’ ‘‘urgency.’’ spending countless hours deliberating, These standards intentionally set a What happened to that urgency once I often think about what I will remem- very high bar to prevent abuse of the the House voted? Did the Speaker then ber from these days on a very personal impeachment process. Meeting these rush the papers to the Senate so we level. standards requires this process be used could address this imminent threat? It has been a historic event, but in to try only the most serious allega- Hardly. Speaker PELOSI held the arti- some ways, the human element strikes

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.008 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S819 me as the most memorable. I will re- And I will remember audible gasps, Congress’s oversight authority—our member vividly the bravery of dedi- some laughs, and raised eyebrows in oversight authority—to check any of cated public servants who had every- this Chamber when Professor Alan these abuses, all of it is for the purpose thing to lose and nothing to gain by Dershowitz made the incredible, shock- of secrecy. telling the American people the truth ing argument that a President who be- His claim of absolute immunity is to- about Donald Trump and his scheme to lieves that his own reelection serves tally discredited and rejected by the corruptly use power for his personal the public interest can do anything he court because, as the court said in the benefit. Their courage, their grace wants, and his actions are not im- McGahn case, he is not a King. under pressure, their dignity, and peachable. The implications of that ar- His claim of executive privilege as unshakeable honesty should be a model gument for the future of our democ- the reason for keeping that evidence for all of us. racy are simply indescribable. secret—well, he never really invoked I will remember, for example, LTC I have been a trial lawyer. I have executive privilege, but executive Alexander Vindman, whose video ap- spent most of my career in and out of privilege cannot be invoked to conceal peared before us, a man who was the courtroom. So I can argue the le- criminal conduct that fits within the brought to the United States at the age galities. But I am not here to rehash crime of a fraud exception. of 3 and grew to love this country so the legal arguments, because culpa- And while the President’s lawyers ar- much that he put his life at risk in bility here seems pretty clear to me. gued before this body that the House combat and then his career at risk by The President solicited a bribe when he should have gone to court to enforce coming before the Congress. sought a personal benefit and inves- those subpoenas instead of resorting to I will remember Fiona Hill, the tigation of his political opponent, a the remedy of impeachment, they then daughter of a coal miner and nurse, smear of his rival, in exchange for an had the audacity to, simultaneously, at who proceeded to get a Ph.D., swear an official act—in fact, two official acts: exactly the same time, argue in court oath to this country, serving in both the release of military funding for an that Congress cannot seek a judicial Republican and Democratic adminis- ally and a White House meeting—in re- remedy to enforce subpoenas because it trations, warning us not to peddle the turn for that personal benefit. Those has the remedy of impeachment. They ‘‘fictional narrative . . . perpetrated actions are a violation of section 201, 18 argued no jurisdiction because of im- and propagated,’’ as she said, ‘‘by the United States Code, today. They were a peachment, and at the same time no Russian security services themselves’’ access to evidence necessary for im- about this supposed Ukrainian effort to violation of criminal law at the time of the Framers, and that is why they put peachment because, supposedly, you meddle in our election. I will remember can go to court. This duplicity is abso- very vividly Ambassador William Tay- it in the Constitution. Bribery and treason are specifically lutely stunning. lor, West Point graduate and decorated mentioned. Bribery is included as an Again, I will say, just on a personal Vietnam war veteran, who testified abuse of power, as it was when Judge note as a prosecutor, it is a dead give- that he thought it was ‘‘crazy to with- Porteous was convicted and impeached. away. He is guilty. Regardless of what hold security assistance for help with a Many of the Members of this Chamber we do tomorrow, we know for sure, in political campaign.’’ this great democracy, the truth will I will remember the whistleblower voted to impeach him, although brib- come out. It always does. It is just a who came forward to express shock and ery was never mentioned in the articles question of when. It comes out about alarm that the President of the United charging him with abuse of power. all of us at some point. And, for this States would attempt to extort a vul- The idea that bribery or any crime President, the truth is coming out in nerable, fledgling democracy to help has to be mentioned for there to be an him cheat in the next election in ex- abuse of power is clearly preposterous. realtime, as we speak on this floor and change for the foreign military aid In my view, the elements of bribery as we vote tomorrow. The revelations in the New York they so desperately needed to fight have been proved beyond a reasonable Times about what John Bolton has their adversary, Russia, and our adver- doubt, and there is no excuse for that written in his book indicate the truth sary, Russia, attacking and killing criminal conduct. I am going to submit is going to come out in mid-March with their young men and women. a detailed statement for the RECORD I have met some of those young men that makes the legal case, but, clearly, John Bolton’s book, assuming the and women who came to Connecticut bribery has been committed by this President doesn’t try to censor it and to the Burn Center at Bridgeport Hos- President. tie him up in court or exercise some pital, so badly injured they could bare- Looking beyond the legalities, what prior restraint. It will come out in conly talk, and the stories of their suf- strikes me, perhaps, as most telling gressional investigations when John fering and hardship came back to me, here is the constant theme of secrecy— Bolton and others testify. It will come as I sat on the floor here, and their the fact that the President kept his out because there are courageous men courage and their bravery and strength reasons for withholding aid a secret. and women, like Ambassador Taylor, also will stay with me. Unlike other suspensions of aid to Fiona Hill, Colonel Vindman, and oth- I will remember the moment that we other countries—like the Northern Tri- ers, who are willing to put country raised our hands and took an oath to be angle in Central America or Egypt, ahead of their personal careers. impartial, all 100 of us—99—at the same where it was announced publicly and When my children grow up—and they time, in a historic moment when the Congress was notified—here, he kept it are pretty well grown—I hope they will weight of that responsibility shook me secret. He operated through his per- be more like them than like the Presi- like a rock. I will also remember the sonal attorney, Rudy Giuliani, in se- dent. I never, ever thought I would say shame and sadness that I felt when this cret, not through the State Depart- that in the Senate of the United body—supposedly, the greatest delib- ment, not through the Department of States, let alone anywhere, because erative body in the history of the Justice. Despite all of his claims of this President has shown that he will world—voted to close its eyes, to put corruption and wrongdoing by Hunter take advantage of every opportunity on blinders to evidence, witnesses, and or Joe Biden, he either never went to for self-enrichment and self-aggran- documents; firsthand knowledge, eyes the Department of Justice or they de- dizement. Whether it is violating the and ears on the President, black and clined to investigate because there was emoluments clause—and I, along with white—documents don’t lie—that were no ‘‘there’’ there. Instead, he sought, 199 of my colleagues, have sued him on necessary to understand the complete secretly, the investigation of a polit- that issue, making money from the story and give the American people the ical rival through a foreign govern- Presidency, profiting and putting prof- complete truth. That moment—unfor- ment, targeting a U.S. citizen secretly. it ahead of his official duties, or seek- tunately, a moment of dismay and dis- His refusal to provide a single docu- ing to smear a political rival and solic- appointment—will stay with me as ment to Congress, to allow a single iting a bribe. Even if the aid went well, after aspiring for so long to be witness to testify, keeping their testi- through and even if the investigation part of this body, which I respected and mony and that evidence secret, con- was never announced, it is still a revered, so utterly failing the Amer- cealing it; his defiance of every sub- crime—putting that kind of self-benefit ican people at this moment of crisis. poena in court, effectively neutering ahead of his duty to the country and

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.010 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S820 CONGRESSIONAL RECORD — SENATE February 4, 2020 our national security, the welfare and whelming evidence, a ‘‘mountain of it,’’ using his office in a manner that com- fight of an ally at the tip of the spear as Senator ALEXANDER has conceded. promises our national security to get a against a common adversary who is For anyone with eyes to see or ears to foreign government to help him stay in seeking to destroy Western democ- hear, President Trump undoubtedly power—is exactly the kind of abuse of racies. He is someone who has said: used the power of the Presidency to power our Founders most feared. Show me the boundaries of the law, withhold vital, taxpayer-funded mili- Yet the President shows no sign of and I will push them, and if I can suc- tary aid from Ukraine to extort its remorse or regret. His refusal to ac- cessfully cross them, I will do it again. government into helping him in his re- knowledge any wrongdoing is an ongo- And he will do it again. Everyone in election campaign. He did so even ing threat to our country and our Con- this Chamber knows it. though fighting Russian aggression is stitution. Even as this impeachment So, as we make this momentous deci- in our national interest. And make no process has proceeded, he has contin- sion, I implore each of my colleagues mistake, the fact that he got caught ued to solicit other countries, includ- to think about the gravity of what we before his scheme succeeded is no de- ing China, to help his reelection ef- will do if we fail to convict this Presi- fense. forts, as he says the Constitution gives dent, the message that we send to The House has also proved its case on him ‘‘the right to do whatever I want countries struggling to overcome cor- the charge of obstruction of Congress. as President.’’ ruption, because America is more than President Trump has engaged in un- Let’s be honest. President Trump just a country. America is an idea and precedented stonewalling, a blanket sees the Constitution not as a check on an ideal. When we implore them to coverup that makes President Nixon his powers but as a blank check to fight corruption, our credibility is look like an amateur—not a single doc- abuse power, and he will not change. shredded when we condone it at home. ument produced nor a single witness. His ongoing betrayal of the oath of of- The Framers, in their wisdom, knew Those who did testify did so despite the fice represents a clear and present dan- that elections every 4 years were an in- President’s order not to show up. They ger to our Constitution, our democ- adequate check against any President raised their right hands and swore to racy, and the rule of law. who corruptly abuses power for per- tell the truth. They included Trump Those who argue we must not remove sonal gain. And this situation and this political appointees and a major donor the President before the next election President are exactly what they feared to his campaign, individuals who ignore the fact that the Founders in- when our young infant country was served our country in war, dedicated cluded an impeachment clause in the public servants who took an oath to de- struggling to avoid foreign interference same Constitution that establishes 4- fend the Constitution. Dismissing them in our elections. It was their worst year terms for the President. They as ‘‘anti-Trumpers’’ and ‘‘Democratic nightmare, foreign interference, the wrote the impeachment clause for ex- witnesses’’ is wrong, as were the Presi- threat of foreign meddling—exactly actly this moment, to prevent a cor- dent’s attempts to bully and intimi- what this President has invited. rupt President from enlisting a foreign date them. It was delegate William Davie of power to help him cheat in an election. With the facts proven, the Senate President Trump has committed high North Carolina who said: ‘‘If he be not must now ask: Do these charges meet impeachable whilst in office, he will crimes and misdemeanors against the the standard for impeachment? The Constitution, and we must use the spare no effort or means whatever to President claims impeachment re- Founders’ remedy. We must find him get himself re-elected.’’ It was pre- quires charging him with a statutory guilty and remove him from office. cisely cheating in a future election, crime, but that is a fringe view with Failure to convict will send a terrible foreign interference in our domestic af- patently absurd results. Their lead law- signal that this President and any fu- fairs, that the Framers established im- yer making this argument, Alan ture President can commit crimes peachment to prevent. That is why the Dershowitz, did not hold this view dur- against the Constitution and the Amer- remedy exists, and that is why we must ing the Clinton impeachment; nor does ican people and get away with it. use it now. Trump’s Attorney General, William But it is not only the President who History will judge us harshly if we Barr; nor does Jonathan Turley, has violated his duty under the Con- fail in this historic challenge. History Trump’s constitutional law expert at stitution. So, too, has this Senate, not will haunt the colleagues who fail to the House Judiciary Committee hear- because of the ultimate conclusion ex- meet this challenge, who lack the cour- ing—nor does the authority cited by pected tomorrow but because of the age that was demonstrated by those the President’s own lawyers here in the flawed way the Senate will reach that heroes: Taylor, Vindman, Hill, Cooper, Senate and referenced nine times in decision. While I strongly disagree with and others. And they will continue to their legal briefs. That authority, enti- acquittal, that verdict might be ac- serve our country. The truth will come tled ‘‘Impeachment: A Handbook’’ out. states that ‘‘the limitation of impeach- cepted by most Americans if reached The heroes of this darker era will be able offenses to those offenses made through a real and a fair trial. But this our independent judiciary and our free generally criminal by statute is unwar- Senate did not hold a real trial. It held press. They will continue uncovering ranted—even absurd.’’ the first impeachment proceeding in the truth. They will continue providing This suggested standard has been our history not to call a single witness freedom of information material under roundly dismissed because it leads to or seek a single document. the law. They will continue to protect ridiculous conclusions—for example, President Trump’s former National civil rights and civil liberties. They that a President could withhold tax- Security Advisor, John Bolton, offered will continue their vigilance, even if payer-funded disaster assistance to the us important information about the we fail in ours. people of a State until their Governor charges against the President. The But we have this task now. History endorsed the President for reelection. Senate voted not to hear from him. will sit in judgment of us, and the fu- Even Alan Dershowitz recognized the President Trump said he wanted his ture of our Republic will be in jeopardy folly of his own argument, so he Acting Chief of Staff, Mick Mulvaney, if we fail tomorrow to do the right switched to saying impeachment re- to testify at the Senate trial, but then thing. quires ‘‘criminal-like’’ conduct. Well, he changed his mind and Senate Repub- I yield the floor. the President’s actions here have all licans voted not to hear from him. I of- The PRESIDING OFFICER (Mrs. the markings of criminal-like conduct, fered to have the Chief Justice make LOEFFLER). The Senator from Mary- including what the Founders would decisions about relevant witnesses and land is recognized. consider bribery and extortion. More- documents, just as impartial judges do Mr. VAN HOLLEN. Madam Presi- over, as made clear by the nonpartisan in trials every day across America. In dent, it is the constitutional duty of legal opinion I requested from the fact, unlike in every other courtroom, each Senator to weigh the evidence be- GAO, the President and his team broke it preserved the right of the Senate to fore us and render a final verdict on the impoundment control law as part overturn the Chief Justice’s decision the two Articles of Impeachment. of his overall extortion scheme. by a majority vote. That is obviously a On the charge of abuse of power, the In fact, the toxic mix of misconduct fair process for the President, but House managers have presented over- we find here—a President corruptly every Republican Senator voted

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.012 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S821 against it. And why? Because they are President, but that did not happen. It our Republic will face an existential afraid of getting to the truth, the became very clear to me that the threat. A vote against the Articles of whole truth, and nothing but the truth. President’s closest advisers could not Impeachment will set a dangerous They know that, as more incriminating speak to the President’s innocence, and precedent. It will be used by future facts come out, it becomes harder to his lawyers did everything in their Presidents to act with impunity. Given acquit. By joining the President’s power to prevent them from testifying what we know—that the President coverup, they have become his accom- under oath. abused his power in office by attempt- plices. No one in this country is above the ing to extort a foreign government to While the decision on the President law—no one, not even the President. If interfere with an American election; will come tomorrow, the verdict on someone is accused of a crime and they that he willfully obstructed justice at this Senate is already in—guilty, have witnesses that could clear them of every turn; and that his actions run guilty of dereliction of its constitu- any wrongdoing, they would want counter to our Nation’s most cherished tional duty to conduct an impartial those witnesses to testify. In fact, not and fundamental values—it is clear the trial. And because the trial was a farce, only would they welcome it; they President betrayed the trust the Amer- the final result will be seen by most of would insist on it. All we need to do is ican public placed in him to fully exe- the country as illegitimate, the prod- use some common sense. The fact that cute his constitutional responsibilities. uct of a tainted trial. the President refuses to have his clos- This betrayal is, by definition, a high President Trump must understand est advisers testify tells me that he is crime and misdemeanor. If it does not this: There is no exoneration, no vindi- afraid of what they will say. rise to the level of impeachment and cation, no real acquittal from a fake The President’s conduct is unaccept- removal, I am not sure what would. trial. In failing to adhere to the prin- able for any official, let alone the lead- The Senate has a constitutional re- ciples of our Constitution and the val- er of our country. Our Nation’s Found- sponsibility to hold him accountable. If ues of our country, I fear we have done ers feared unchecked and unlimited we do not stand up and defend our de- grievous injury to the nature of our de- power by the President. They rebelled mocracy during this fragile period, we mocracy. I only hope America will find against an abusive Monarch with un- will be allowing the President and fu- the resilience to repair the damage in limited power and, instead, created a ture Presidents to have unchecked the years to come. republic that distributed power across power. This is not what our Founders I yield the floor. different branches of government. They intended. The PRESIDING OFFICER. The Sen- were careful students of history. They The oath I swore to protect and de- ator from Michigan is recognized. knew unchecked power would destroy a fend the Constitution demands that I Mr. PETERS. Madam President, I democratic republic. They were espe- vote to preserve the future of our Re- swore an oath to defend the Constitu- cially fearful of an unchecked execu- public. I will faithfully execute my tion, both as an officer in the U.S. tive and specifically granted Congress oath and vote to hold this President Navy Reserve and as a U.S. Senator. At the power of impeachment to check a accountable for his actions. the beginning of this impeachment President who thought of themselves I yield the floor. trial, I swore an oath to keep an open as above the law. I suggest the absence of a quorum. mind, listen carefully to the facts, and, Two years ago, I had the privilege of The PRESIDING OFFICER. The in the end, deliver impartial justice. participating in the annual bipartisan clerk will call the roll. After carefully listening to the argu- Senate tradition, reading President The legislative clerk proceeded to ments presented by both House man- George Washington’s Farewell Address call the roll. agers and the President’s lawyers, I be- to the Senate. In that address, Presi- Mr. WHITEHOUSE. Madam Presi- lieve the facts are clear. President dent Washington warned that un- dent, I ask unanimous consent that the Trump stands accused by the House of checked power, the rise of partisan fac- order for the quorum call be rescinded. The PRESIDING OFFICER. Without Representatives of abusing his power in tions and foreign influence, if left un- objection, it is so ordered. an attempt to extort a foreign govern- checked, would undermine our young Mr. WHITEHOUSE. Madam Presi- ment to announce a trumped-up inves- Nation and allow for the rise of a dent, may I say that it is a pleasure to tigation into a political rival and demagogue. He warned that we could speak to the Senate with the new Sen- thereby put his personal interest ahead become so divided and so entrenched in ator from Georgia presiding for the of national security and the public the beliefs of our particular partisan first time, at least, that I have had this trust. group that ‘‘cunning, ambitious, and occasion. The President illegally withheld con- unprincipled men will be enabled to Well, here we are. The impeachment gressionally approved military aid to subvert the power of the people and to outcome is settled, as it was from day an ally at war with Russia and condi- usurp for themselves the reins of gov- one. In my view, the facts are clear, tioned its release on Ukraine making ernment.’’ the conduct impeachable, and the ob- an announcement the President could I am struck by the contrast of where struction unprecedented. use to falsely discredit a likely polit- we are today and where our Founders In my view, this impeachment proc- ical opponent. were more than 200 years ago. George ess ran into a partisan wall, and the When the President’s corrupt plan Washington was the ultimate rock star Senate’s part was to deny the Amer- was brought to light, the White House of his time. He was beloved, and when ican people the most basic elements of engaged in a systematic and unprece- he announced he would leave the Presi- a fair trial: witnesses and evidence. dented effort to cover up the scheme. dency and return to Mount Vernon, Alexander Hamilton, years ago, The President’s complete refusal to co- people begged him to stay. warned us of what he called the ‘‘great- operate with a constitutionally author- There was a call to make him a King, est danger’’ in impeachments, ‘‘that ized investigation is unparalleled in and he said no. He reminded folks that the decision will be regulated more by American history. he had just fought against a Monarch the comparative strength of parties, Despite the extraordinary efforts by so that the American people could than by the real demonstrations of in- the President to cover up the facts, the enjoy the liberties of a free people. nocence or guilt.’’ House managers made a convincing George Washington, a man of integrity In my view, that danger has met us. case. It is clear the President’s actions and an American hero, refused to be As a boy I often sang a hymn with were not an effort to further official anointed King when it was offered to the stanza that ‘‘to every man and na- American foreign policy. The President him by his adoring countrymen. He tion comes the moment to decide, in was not working in the public interest. chose a republic over a monarchy. the strife of truth with falsehood, for What the President did was wrong, un- But tomorrow, by refusing to hold the good or evil side.’’ acceptable, and impeachable. President Trump accountable for his In my view, the Senate chose the I expected the President’s lawyers to abuses, Republicans in the Senate are wrong side. offer new eyewitness testimony from offering him unbridled power without We are obviously going to disagree people with firsthand knowledge and accountability, and he will gleefully about a lot here, so let me focus on two offer new documents to defend the seize that power. And when he does, thoughts that perhaps we can agree on.

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This was not our finest further inquiry, but it raises the ques- came into our House, and dirtied it. hour, by any stretch, and much of what tion of actual participation in the So enough of my professional disgust was said and done here should not be crime or fraud or misconduct at issue, with their performance, but let us repeated, let alone treated as prece- which would waive their attorney-cli- agree that this ought not be precedent. dent. ent privilege. Let us also agree on something else. I hope history treats this episode as They have not been candid about the There is one particular argument the an aberration, not a precedent. law. They have argued over and over White House made that we should Too many things that are right and that they will delay the Senate pro- trample, discard, and put out into the proper had to be bent or broken to get ceedings by litigation in United States trash: the notion that a U.S. district to the preordained result, and too District Courts if we allow witnesses or court can supervise our Senate im- much of what was said by White House subpoenas, mentioning only once, in peachment proceeding. I truly hope we counsel was not only wrong but dis- their pretrial brief, the case of Walter can agree on this. graceful. Nixon v. United States, where the Su- As a Court of Impeachment, we are The presentation in this Chamber by preme Court save the federal Judiciary constituted at the Founders’ command. White House counsel was characterized ‘‘no role’’ in senate impeachment pro- The Chief Justice presided in that seat by smarminess, smear, elision, out- ceedings, warning ‘‘that opening the at the Founders’ command. We con- right misstatement, and various dis- door of judicial review to the proce- vened as a body at the Founders’ com- honest rhetorical tricks that I doubt dures used by the Senate in trying im- mand. And at the Founders’ command, they would dare pull before judges. peachments would ‘expose the political the Senate—the Senate—has the sole Knowing that we were a captive and life of the country to months, or per- power to try all impeachments. silent audience, knowing the outcome haps years, of chaos,’ ’’ the very delay Every signal from the Constitution was predetermined in their favor, and White House lawyers have threatened. directs that we try impeachments and grandstanding for a TV audience, par- Further investigation may reveal no part of the Senate’s power to do so ticularly an audience of one, they de- whether various counsel made, or per- is conferred anywhere else in the gov- livered a performance that leaves a mitted co-counsel to make, arguments ernment. It is on us. stain on the pages of the Senate at odds with facts to which they were The President’s counsel proposed RECORD. witness, thereby deliberately mis- that they may interrupt the Senate’s Perhaps there will be consequences leading the Senate. For a lawyer to trial of impeachment, delay the Sen- for some of their conduct in our Cham- participate in or be immediate witness ate’s trial of impeachment, in order to ber. to criminal or impeachable wrongful go down the street to the U.S. district The conduct of White House counsel activity; and then practice as a counsel court to litigate our trial determina- in the Trump impeachment trial raise in matters related to that criminal or tions about evidence and privilege—de- grave concerns. impeachable or wrongful activity; and terminations in our proceeding. A staunch Republican friend, who is then conceal from that tribunal what There are three arguments against an able and eminent lawyer, emailed they knew about that criminal or im- that proposition. The most obvious one me about a White House counsel argu- peachable or wrongful activity, and is the Constitution. The Constitution ment, calling it ‘‘the most shocking even affirmatively mislead that tri- puts the trial in the hands of the Sen- thing I have seen a ‘serious’ lawyer say bunal about the misconduct as they ate sitting as a Court of Impeachment in my entire legal career.’’ He referred witnessed it, would be attorney mis- and makes no mention of any role for to Professor Dershowitz, but the con- conduct of the gravest nature. any court to supervise or pass on the duct of White House counsel in this In light of these problems, one recur- Senate’s conduct of this trial. It is sim- matter has indeed been shocking far ring argument by White House counsel ply not in the Constitution. beyond the excesses of Professor takes on new meaning. In an often The second argument is the improb- Dershowitz. conflated argument, White House coun- ability—the improbability—that the In some cases, we do not know who sel insisted that no crime was alleged Founders would convene the U.S. Sen- pays them. Mr. Sekulow is evidently in the House of Representatives’ Arti- ate as a Court of Impeachment, bring anonymously paid, with dark money, cles of Impeachment and that there the managers of the U.S. House of Rep- through a mail drop box. Who is he was no crime committed. If, as recent resentatives over here to present their working for here? Does his secret bene- evidence suggests, at least one White charges, put the Chief Justice of the factor create a conflict for him? We House counsel was present at and par- U.S. Supreme Court into that chair to should know. ticipated in a meeting in furtherance preside over the trial, give the Senate Among them are lawyers who appear of the scheme at issue, the argument the sole power to try the impeachment, to have grave professional conflicts. that the scheme was not criminal is and then allow a defendant to run down They represent the President although deeply self-serving. That self-serving the street to a district judge and inter- they are fact witnesses to conduct nature is precisely why counsel under rupt the proceedings. That idea is con- charged in the impeachment. This con- that sort of conflict of interest should trary to common sense as well as concern was brought to their attention by not appear in proceedings addressing stitutional order. House letter on January 21, 2020, put- conduct which they witnessed, which The impeachment provisions of the ting them on notice. They ignored the they aided or abetted, or in which they Constitution were adopted by the letter. participated. Founders in September of 1787, after The House argued that members of White House counsel used their time that long, hot summer in Philadelphia, the White House counsel team actually before us to smear non-parties; to and ratified with the Constitution in administered a massive cover-up, using present virtual political commercials; 1788. The Judiciary Act establishing extreme and unprecedented arguments to misstate, exaggerate or mislead lower courts did not pass until 1789. It to protect a blanket defiance against about legal propositions; to misstate, is hard to imagine that the Founders congressional inquiry into alleged exaggerate or mislead about factual meant the proceedings and determina- Presidential misdeeds, with the intent propositions; to misstate, exaggerate tions of our Senate Court of Impeach- to hide evidence of those misdeeds. or mislead about House managers’ ar- ment to be subject to the oversight of There is new evidence that counsel guments; and to float conspiracy theo- a judge down the road from us whose were not just fact witnesses, but ries and unsupported political charges office did not even exist at the time. present at meetings in which the to the public audience. In some cases, The Founders in the Constitution put scheme at issue was advanced, and the arguments are deeply unfair: for in- this squarely on us. No one else is men- misconduct alleged was confessed to, stance, calling secondary witnesses’ tioned. It is our ‘‘sole Power.’’ It is the by the President. Being present during testimony hearsay and secondhand at duty of the Chief Justice under the the commission of the offense and wit- the same time they are blocking the di- Constitution to preside over the trial.

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.016 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S823 It is his duty to make appropriate rul- sort, and I feared that leaping to im- am greatly disappointed that almost ings. And it is on us to live with that, peachment would only serve to drive us all of my Republican colleagues in the unless—as we may—we choose to over- even further into our political corners. Senate abandoned the historical, bipar- rule the Chief Justice as a body, by re- This changed when I read the whistle- tisan precedent of hearing from wit- corded vote, and live with that. We run blower report, which alleged nothing nesses in every Senate impeachment this trial—the Senators, the Senate— less than the President’s corrupt abuse trial. no one else. We are responsible to the of power, an abuse that had the poten- Ultimately, when so many people people of the United States to run this tial to undermine our election in 2020. know the truth of what happened, the trial. We were trusted by the Founders For me, this left no choice but for the complete truth will come out. Yet the to live up to those responsibilities. House to fully investigate these allega- Senate abandoned its responsibilities When we sit as a Court of Impeach- tions. when it blocked efforts to get the com- ment, it is all on us. The Founders put When the House sent the two Articles plete truth here in this Chamber. As a it squarely on us. We took that job of Impeachment to the Senate, it be- result, there will be a permanent cloud when we took our oaths. That means came my job to ‘‘do impartial justice over these proceedings. The President we control the trial rulings, the tim- according to the Constitution and the may be acquitted, but without a fair ing, the evidence determinations, and laws,’’ and I take that oath as seriously trial he cannot claim to be exonerated. the privileges we will accept. We can as anything I have ever done. The core question of this impeach- accept the rulings of the Chief Justice This impeachment trial has been ment trial is this: Do we say that it is or we can reverse them, but it is our about whether the President’s corrupt OK for the President to use his office job. abuse of power—power that he used for to advance his personal political inter- Previous impeachments record the his own personal, political benefit ests while ignoring or damaging the Senate making just such rulings. Never while betraying the public trust—is a public good? My answer is no. has the Senate referred such a ruling high crime and misdemeanor as defined Corruptly soliciting a foreign govern- to a court. Indeed, in Walter Nixon v. by the Founders of our Constitution. ment to interfere in our elections and United States, 506 U.S. 224, a 1993 deci- I believe that it is, and I also believe to announce an investigation to dam- sion, the Supreme Court held that Fed- that to condone corrupt behavior such age a political rival and an American eral courts have no power to review as this undermines the core values we citizen at the expense of free and fair elections and our national security— procedures used by the Senate in try- stand for as a nation that no one is that is the definition of an abuse of ing impeachments, that it was a non- above the law, including and most es- power. This is what Alexander Ham- justiciable political question, and that pecially the President. ilton was talking about when he wrote ‘‘the Judiciary, and the Supreme Court Over the past several weeks, I have that impeachment proceedings should in particular, were not chosen to have listened carefully to hundreds of hours concern ‘‘the abuse or violation of any role in impeachments.’’ of presentations, questions and answers, and read thousands of pages of some public trust.’’ The Supreme Court in that decision Some have argued that what the documents. Through it all, the facts even foresaw the delays that White President did was wrong, but his con- underlying the case against the Presi- House Counsel threatened us with and duct does not rise to the level of im- dent were never really refuted. saw them as an argument against any peachment. They agree that the Presi- The President, working through his judicial role. The Court said that dent used his power to secure an unfair personal lawyer, Rudy Giuliani, with- ‘‘opening the door of judicial review to advantage in our elections but think held Ukrainian security assistance and the procedures used by the Senate in that this abuse of power isn’t that bad. a prestigious meeting in the White trying impeachments would expose the It isn’t bad enough to remove him from House in an effort to persuade Presi- political life of the country to months, office. or perhaps years, of chaos,’’ and the dent Zelensky to announce he was in- It is that bad. Trump’s abuses of Court immediately went on to particu- vestigating Joe Biden and the theory power are grave offenses that threaten larly highlight that concern with re- that Ukraine interfered in our 2016 the constitutional balance of power spect to the impeachment of a Presi- elections. In order to improve his pros- and the core value that no one, espe- dent. pects for reelection, Trump directed cially the President, is above the law. It would have been nice if White that vital assistance be withheld until The President’s abuse of power under- House Counsel, when they were in this Ukraine announced investigations into mines the integrity of our next elec- Chamber arguing for their threatened a baseless conspiracy theory that origi- tion and calls into question whether delays, would have addressed this Su- nated as Russian propaganda, and he our elections will be free and fair. His preme Court decision. only released the aid when he was abuses of power damage national secu- The Constitution, common sense, and found out. rity by undermining the moral stature our impeachment precedents all put Then, when the House sought to in- of the United States as a trusted ally the responsibility for a Senate trial of vestigate these actions, the Trump and as a fighter against corruption. impeachment squarely on us. We White House categorically blocked any For me, one of the saddest moments should not—we should never—shirk and all subpoenas for documents and of this trial was the testimony from that responsibility. witnesses. No U.S. President has ever American diplomats who urged Ukrain- This has been a sad and sordid mo- categorically rejected the power of ian leaders not to engage in political ment for the Senate. It has done harm Congress to investigate and do over- investigations. According to the testi- enough. Let it not provide any credit sight of the executive branch—not mony, the Ukrainians responded by to this false White House argument, Nixon, not Clinton. This obstruction saying, in effect: Do you mean like the and let this not be precedent for future fractures the balance of power between investigations you are asking us to do Presidential misconduct. the legislative and executive branches. with the Bidens and the Clintons? I yield the floor. How can our constitutional system Some have said that we should wait The PRESIDING OFFICER. The Sen- work if we allow the President to de- and let the American people decide in ator from Minnesota is recognized. cide if and how Congress can inves- the next election, only months away. Ms. SMITH. Madam President, this tigate the President’s misconduct? It But when the President has solicited morning, I let Minnesotans know that can’t. If we say that the President can foreign nations to influence our elec- I will vote to remove President Donald decide when he cooperates with a con- tions with disinformation and has pre- Trump from office. I rise today be- gressional investigation, we are saying vented the American people from hear- cause, on this historic vote, I want that he is above the law. ing a full and fair accounting of that Minnesotans to understand why and While evidence of the President’s effort, our duty to defend the Constitu- where I think we go from here. wrongdoing is substantial, I advocated tion requires that we act now. A vote I was reluctant to go down the path every way I could for a trial that would to remove the President from office of impeachment. While I strongly dis- be fair for both sides, which means protects our next election. agree with the President on many hearing from witnesses with direct When Leader MCCONNELL refuses to issues, I see impeachment as a last re- knowledge of the President’s actions. I allow the Senate to consider election

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They tially, the spying didn’t work, and the The President’s conduct is a threat made it into a political process because Mueller investigation didn’t work. to our elections and our national secu- they didn’t like the results of the elec- They went seamlessly into the im- rity. What is more, if we fail to check tion. peachment. this President, future Presidents may When did this start? Did the im- The question for the American public be emboldened to pursue even more peachment start with a phone call to is now: Will they go on? Are they going shameless schemes. the Ukrainian President? No, the im- to immediately start up hearings again Lots of countries have high-minded peachment and the attacks on the in the House that will be partisan hear- constitutions full of powerful words President started 6 months before he ings again? I suspect they will. They and strong enunciations of rights that was elected. have had their day in the Sun, and they don’t really mean anything. As House We had something truly devastating loved it, and I think they are going to manager ADAM SCHIFF pointed out, to our Republic happen. We had, for the keep doing it time and time and time Russia has a Constitution like this. first time in our history, a secret court again. Our Constitution is different. It is not decide to investigate a campaign. At Now, during the proceedings, I asked some dry, historic document that we the time, when those of us who criti- a question that was disallowed, but I keep behind glass in a museum. It is cized this secret court for spying on am going to ask that question again the big idea of our system of govern- the Trump campaign, they said: Oh, it this morning, because the Constitution ment that no one is above the law, and is just a conspiracy theory. None of does protect debate and does protect this is happening. There is no ‘‘there’’ people, not Monarchs, are the source of the asking of questions. I think they there. power. Everything—everything—flows made a big mistake not allowing my But now that we have investigated question. from this great idea realized in the it—guess what—the FISA court admits lives of Minnesotans who, every day, My question did not talk about any- they were lied to. The FBI has now body who is a whistleblower. My ques- seek the freedom and the opportunities been proven to have lied 17 times. We they need to build the lives they want. tion did not accuse anybody of being a have a half a dozen people at the top whistleblower. It did not make a state- There is nothing inevitable about de- level of our intelligence community mocracy. It is not a natural state. It is ment believing there was someone who who have admitted to having extreme was a whistleblower. I simply named a state that we have to fight for. The bias. You have Peter Strzok and Lisa two people’s names because I think it fight for democracy and our Constitu- Page talking about taking down the is very important to know what hap- tion has chosen us in this moment, and President and having an insurance polit is our job to rise to this moment. pened. icy against him succeeding and becom- We are now finding out that the After the Senate vote, the work of re- ing the President. You have McCabe, inforcing the American values of fair- FISA investigation was predicated you have Comey, and you have Clapper. upon 17 lies by the FBI, by people at ness and justice will continue. We have You remember James Clapper, the high levels who were biased against the a lot of work to do. Democracy is hard one who came to the Senate, and, when President, and it turns out it was an il- work, and I know that Minnesotans are asked by Senator WYDEN, ‘‘Are you legitimate investigation. Everything up to it. The truth is that I see more storing, are you gathering information they did about investigating the Presi- signs of common ground, hope, and de- from Americans by the millions and termination in Minnesota than I do the storing it on government computers?’’ dent was untrue and abused govern- fractures of division, distrust, and par- James Clapper said no. He lied to Con- ment to do something they never tisanship, and that is a foundation for gress. Nobody chose to impeach him, should have done in the first place. So I asked this question. And this is us all to build on going forward. but he lied to Congress and committed my question—my exact question. We I yield the floor. a felony. Is he in jail? No, he is making will put it up here: The PRESIDING OFFICER (Mr. millions of dollars as a contributor on CRUZ). The Senator from Kentucky. television now, using and peddling his Are you aware that the House Intelligence Mr. PAUL. Mr. President, the great Committee staffer Shawn Misko had a close national security influence for dollars, relationship with Eric Ciaramella while at irony of the last several weeks in the after having committed a felony in impeachment trial is that the Demo- the National Security Council together? Are lying to us. you aware and how do you respond to reports crats accused the President of using his These are the people who plotted to that Ciaramella and Misko may have worked governmental office to go after his po- bring the President down. These are together to plot impeaching the President litical opponent. The irony is, they the people who continue to plot to before there were formal House impeach- then used the impeachment process to bring the President down. Before all of ment proceedings? go after their political opponent. In this started, though, I was a critic of Now, why did I ask this question? Be- fact, as you look at the way it un- the secret courts. I was a critic of cause there are news reports saying folded, they admitted as much. FISA. I was a critic of them abusing that these two people—one of them As the impeachment proceedings un- American civil liberties. I was a critic who works for ADAM SCHIFF and one of folded, they said: We didn’t have time of them invading our privacy, record- them who worked with this person at for witnesses. We had to get it done being the length of our phone calls, who the National Security Council—that fore Christmas because we wanted it we talk to, and sometimes recording they knew each other and had been done and ready to go for the election. conversations—all of this done sup- overheard talking about impeaching We had to get it done—the entire proc- posedly to go after terrorists, but the President in the first month of his ess needed to be completed—before the Americans, by the millions, are caught office. In January of 2017, they were al- election. up in this web. ready plotting the impeachment. They didn’t have time for the proc- But now, for the first time, it is not And you say: Well, we should protect ess. They didn’t have time for due proc- just American civil liberties that are the whistleblower. The whistleblower ess. They didn’t have time for the being abused by our intelligence agen- deserves anonymity. President to call his own witnesses or cies. It is an entire Presidential cam- The law does not preserve anonym- cross-examine their witnesses. paign, and it could go either way. This ity. His boss is not supposed to say The great irony is, they did exactly is why you want to limit power. Men anything about him. He is not supposed what they accused the President of. are not angels, and that is why we put to be fired. I am for that. They used the government and the gov- restrictions on government. We need But when you get into the details of ernment’s process to go after their po- more restrictions now. We can’t allow talking about whistleblowers, there is litical opponent. secret courts to investigate campaigns. a variety of opinions around here. The

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So it sides, and if you want to subpoena the President of the United States was depends on what you blow the whistle somebody or tap the phone, all right, prevented from participating in the on, whether or not they are actually we can do it, but it has got to be an ex- House’s impeachment for 71 of the 78 for the whistleblower statute. traordinary thing. days of investigation. Our founding I am not for retributions on the whis- Think about it. Think about the dan- document protects the right of the ac- tleblower. I don’t want him to go to ger. The other side says it is a danger cused. The Constitution explicitly jail, and I don’t want him to lose his to democracy. Think about the danger states that no one should ‘‘be deprived job. But if six people, who all work to- to democracy of letting your govern- of life, liberty or property without due gether at the National Security Coun- ment tap the phones of people you dis- process of law.’’ Our blueprint for free- cil, knew each other and gamed the agree with politically. dom protects all individuals’ rights, system, knowing that they would get I don’t care whether it is Republican whether that person is a truckdriver, a these protections—they gamed the sys- or Democrat. We cannot allow the in- farmer, a businesswoman, or the Presi- tem in order to try to bring down the telligence community and secret dent of the United States. President—we should know about that. courts like the FISA court to go after The third branch of government—our If they had extreme bias going into the political campaigns. And I mean that court system—is of foundational im- impeachment, we should know about sincerely—Republican or Democrat. We portance, and we have it for a reason. that. need to change the rules. We cannot That reason is to provide every Amer- I think the question is an important have secret courts trying to reverse the ican with the opportunity to have jus- one, and I think we should still get to elections. tice in a fair way in accordance with the bottom of it. Were people plotting I feel very strongly about this. I was the Constitution and the rule of law. to bring down the President? They for this reform before Donald Trump But because House Democrats were in were plotting in advance of the elec- ever came on the scene and before any a rush to impeach the President before tion. Were they plotting within the of this happened. I have been for hav- their holiday break, they decided to halls of government to bring down the ing more significant restrictions on abandon the courts completely. It was the House’s constitutional President? Look, these people also these secret courts and more signifi- right to subpoena witnesses. It was the knew the Vindman brothers, who are cant restrictions on the intelligence President’s constitutional right to as- still in government. So you have two community to make sure they don’t sert privilege. And it was the court’s Vindman brothers over there who know abuse the rights of Americans. This is constitutional right to enforce sub- Eric Ciaramella, who also know Sean a big deal, and if we are going to get poenas. The House did not petition the Misko, who also knew two people work- something good out of this, if there is court to enforce subpoenas. Short- ing on ADAM SCHIFF’s staff, and ADAM going to be some positive aspect to circuiting the process led to an incom- SCHIFF throws his hands up and says: I having to go through this nightmare plete investigation by the House. don’t know who the whistleblower is. I we have been through over the last sev- Article 1, section 3 of the Constitu- have never met him. I have no idea who eral months or years now, the blessing tion provides that ‘‘the Senate shall he is. in disguise here would be that we actu- have the sole Power to try all Impeach- So if he doesn’t know who he is and ally reform the system so this never ments.’’ If the Senate were to become the President’s counsel doesn’t know happens to anyone else ever again. the factfinder in an impeachment in- who he is, how does the Chief Justice of I yield the floor. vestigation, it would completely the United States know who the whis- The PRESIDING OFFICER. The Sen- change the role of the Senate from this tleblower is? I have no independent ator from Nebraska. point forward, this hallowed Chamber, confirmation from anyone in govern- Mrs. FISCHER. Mr. President, I rise the world’s greatest deliberative body. ment as to who the whistleblower is. to voice my opposition to these Arti- It would become an investigative arm So how am I prevented from asking a cles of Impeachment. I want the people of the House. Setting this precedent question when nobody seems to admit of Nebraska to know how I will vote would have a devastating effect on our that they even know who this person and why, as the Senate prepares for the political institution, transforming the is? trial’s final vote. very nature of the Senate during im- My point is, is by having such protec- I took an oath to uphold the Con- peachment hearings for generations to tions—such overzealous protection—we stitution, and I have a responsibility to come. don’t get to the root of the matter of be an impartial juror during the trial. The Senate is supposed to conduct a how this started, because this could I have given fair and careful consid- fair trial, protect the Constitution, and happen again. When the institution of eration to the evidence presented dur- guarantee due process of law. the bureaucracy, when the intelligence ing this trial, and I have engaged in the My Republican colleagues and I un- community with all the power to listen questioning process. This is a process derstand the gravity of these pro- to every phone conversation you have that should be about facts and fairness, ceedings. The record shows that Presi- has political bias and can game the and that is what the Senate has done dent Clinton’s impeachment trial was system to go after you, that is a real its very best to do, but the reality is met with a motion filed by Senator worry. It is a real worry that they that the House of Representatives Byrd to dismiss the Articles of Im- spied on the President. didn’t do its job. peachment early on. This time, not a But what if you are an average ordi- Under the Constitution and by prece- single Senator filed such a motion. We nary American? What if you are just a dent, the impeachment investigation is approached this process with the seri- supporter of President Trump or you the responsibility of the House, not the ousness it deserves. are a Republican or you are a conserv- Senate. Hearings in the House inquiry Senate Republicans supported a reso- ative? Are we not concerned that se- during the Nixon impeachment inves- lution that gave the House managers cret courts could allow for warrants to tigation lasted for 14 months. The Clin- more than ample time to lay out their listen to your phone calls, to tap into ton impeachment House inquiry relied case. Since then, we have heard an ex- your emails, to read your text mes- on years of prior investigation and traordinary amount of information sages? I am very concerned about that. overwhelming amounts of testimony over the last 2 weeks. The House man- So we are going to have this discus- from firsthand witnesses. President agers presented 192 video clips with tes- sion go on. It isn’t really about the Trump’s inquiry in the House was deep- timony from 13 witnesses and sub- whistleblower so much. It is about re- ly partisan, and it lasted only 12 weeks. mitted more than 28,000 pages of docu- forming government. It is about lim- Disturbingly, there was a lack of due ments. Senators then submitted 180 iting the power of what they can do as process during this House investiga- questions. After 2 weeks of trial argu- secret courts. I think the FISA Court tion. The President was not allowed to ments, the House managers failed to

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.037 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S826 CONGRESSIONAL RECORD — SENATE February 4, 2020 make a compelling case that the Presi- due process. At the same time, the months, we will have the certainty ev- dent should be removed from office; product that was brought to our Cham- eryone desires. therefore, I will vote for the Presi- ber was obviously flimsy, rushed, and In the meantime, I am casting a ‘‘no’’ dent’s acquittal. contained incomplete evidence. vote in this Chamber tomorrow. I am I firmly believe it is time for the Time and again, House managers de- voting no on both of these articles. But Senate to move forward and return to manded that we do things here in the do you know what? I am also going to the people’s business. It is time to Senate that they neglected to do them- do something else. I am going to take refocus our attention on our bipartisan selves during their House proceedings, this opportunity to rededicate myself work: providing for our servicemem- such as calling witnesses they refused to the principles that this U.S. Senate bers, caring for our veterans, funding to call—witnesses they are now asking stands for. I am going to take this op- research to cure diseases that cut short us to bring forward. portunity to look at those principles too many lives, fighting the opioid ad- Regardless of the failings of the and appreciate that these are the prin- diction, and improving our criminal House managers, it is the Senate’s job ciples that are tied to making America justice system. and, indeed, our oath to do impartial better each and every day. Together we So I speak to Nebraskans and to all justice. In keeping with that oath, I can do this, as Republicans and Demo- Americans in urging every Senator in supported a trial process that was mod- crats. this Chamber to have the courage, the eled after the Senate’s precedent in heart, and the vision to move past this 1999, when it received the approval of During the impeachment process, Re- process and work together toward a 100 Senators. I am glad we conducted publicans approached me all the time— brighter future for generations to this trial under that process because I West Virginians approached me all the come. That should be our mindset at felt it was fair to both sides. time, regardless of party, to ask why this pivotal moment. That should be Both the managers and the Presi- we were spending all of this time on a our mindset in everything we do. dent’s attorneys were given 3 full days wasted process. They asked me ques- I urge my colleagues to take the long in the Senate to present their respec- tions like, Why don’t you just get on view and fulfill our constitutional role. tive cases, and Senators spent 2 full with the business of giving America Let’s reunite around our common goals days—16 hours—asking questions and the confidence that you are working on and our values. Let’s bring this process receiving answers from the parties. Ac- the things that we care about—this was to an end and advance policies that tually, I found that very instructive. the butcher in the grocery store who will make life better for Nebraskans The Senate heard testimony from wit- asked me this very question—our fami- and better for all Americans. nesses in 192 video segments—some of lies, making our families stronger, our Thank you. them repetitive—and received more lives better, and our jobs more perma- I yield the floor. than 28,000 pages of documents. The nent? The PRESIDING OFFICER. The Sen- House record, which we received here When we rid ourselves of the shackles ator from West Virginia. in the Senate, included the testimony of politics, we can truly work together Mrs. CAPITO. Mr. President, I rise of 17 witnesses. So there were wit- on issues like transportation, today to discuss why I will be voting to nesses. The House brought witness tes- broadband, energy, ending the drug cri- acquit President Trump on both Arti- timony into the Senate. sis, or strengthening our military. cles of Impeachment tomorrow after- I keenly listened to these presen- These are the issues that affect all of noon. tations with an open mind, and I have us. These are the issues that transcend Our Constitution makes clear that concluded that the arguments and evi- the day-to-day lives of all the people only a particularly grave act—‘‘trea- dence do not provide me with a suffi- we represent. They also transcend the son, bribery, or other high crimes and cient rationale for reversing the 2016 day-to-day sound bites we hear from misdemeanors’’—would justify a Sen- election and removing President the constant barrage of both positive ate voting to reverse the will of the Trump from the ballot in 2020. That is and negative media to which we are so people, the voters, and remove from of- especially true considering the par- attuned. fice the person they chose to lead this tisan nature of this impeachment proc- No one has been served by this in- Nation. ess. tense—and, at times, sensationalized— Besides making clear just how seri- In the cases of President Nixon and and very divisive proceeding. When we ous an offense needs to be in order to President Clinton, there was signifi- rid ourselves of the poisonous venom of warrant impeachment, our founding cant support from House Members of partisan politics, we see more clearly. document allows the President to re- the President’s party for opening im- We know that we don’t always agree. main in office unless two-thirds of our peachment inquiries. The impeachment That is pretty clear. But we can cer- body—the Senate—votes for impeach- inquiry into President Nixon was sup- tainly find common ground, and we do, ment. To me, that underscores the ported by more than 400 Members of as was envisioned by our Founders. need for a national consensus that runs the House, many of those—an over- across partisan lines before undoing an whelming number of those—from his So let’s all just take a deep breath election. own party. And 31 House Democrats and move on from here. Let’s listen to The Senate has never in our history voted to open an impeachment inquiry our better voices. Those are the Ameri- removed a President from office fol- into their President, the Democratic cans we represent, who remind us every lowing an impeachment trial. President, President Clinton. day how important our freedom and Our Founding Fathers recognized By contrast, in this case, not a single our futures are to the country and to that impeachment should not be used Member of the President’s party voted the constitutional institutions that as a blunt partisan instrument. in the House of Representatives to gird our values. President Trump was duly elected by start an impeachment inquiry or to We sure have work to do. The Amer- the people of this country to be Presi- adopt either Article of Impeachment ican public expects us to do better. We dent of the United States in 2016. Noth- against the President. should expect that of ourselves. After ing that I have heard in this process Many of the President’s political op- these wayward few weeks, there is no has come close to providing a reason ponents want—and have wanted for question we will need to rebuild that that would justify my voting to over- years—to have him removed from of- confidence. Do you know what? I am in turn the choice made by nearly half a fice, while virtually no one in his own this for the long haul, as I know the million West Virginians and tens of party supports this impeachment. Presiding Officer is—the one where millions of other Americans and even We have a mechanism in this country West Virginians and Texans and Amer- further—even further—to remove him for dealing with issues that divide icans see better days ahead for them- from the ballot in 2020. along party lines. That mechanism is selves and their children; the ones There is no doubt that the House im- not impeachment or removal. That where West Virginians, Texans, and peachment process was partisan, politi- mechanism, quite simply, is an elec- Americans drive to work each day and cally driven, and denied President tion, and we have one in 9 months. So, hear that Congress is actually doing its Trump some of his most basic rights of beginning yesterday, we think, and in 9 job. We were sent to Congress to work

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.021 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S827 for the American people, to deliver re- feel as if we were the ones on trial. I but we can work together to accom- sults, to renew their faith in our insti- believe the House managers were both plish great things for America. We tutions, to rise above our own parties, incorrect and demanding, constantly have done that with the farm bill. and to make life better. stating that Senators have no choice Along with Senator STABENOW and the I have always been humbled by the but to agree with their line of rea- entire Agriculture Committee, we are confidence that has been placed in me soning, and if we did not, then we the least partisan committee in this by my fellow West Virginians. It is would deal with the consequences—a distinguished body. That is what we do truly an honor to serve, and it is one veiled threat yet to be defined. in the Senate; that is what we do on be- that comes with great responsibility. I served in the House 16 years. For 12 half of our farmers, ranchers, our grow- We need to roll up our sleeves, stop the years before that, I was chief of staff ers—everybody throughout rural and bickering, and deliver. for a House Member. I know the House. smalltown America—and we are I am looking at a lot of young people I truly enjoyed my service there. But charged with certainty and predict- here in the Hall of the Senate, and I am you don’t come to the Senate and point ability, and we had to get it done. That thinking: How can I do better for you fingers at Senate Members and make is what the White House has done on a all? That is where our future lies. the insinuation that we are on trial if number of occasions. We use the I am an eternal optimist. I always we do not do the right thing, as they threads of comity to get things done. It have been. I am optimistic that we can have concluded. Enough of that. needs a lot of restitching. find the solutions that move our coun- Additionally, my top concern was So I ask, have President Trump’s ac- try forward. Sure, there will be dif- what precedence would be set for fu- tions risen to the level and vision by ferences of opinion. There will prob- ture Presidents and their expectations our Founding Fathers and the Con- ably be some harsh and sharp words of privacy in conversation with their stitution as high crimes and mis- along the way and differences in our advisers, not to mention the future, demeanors warranting removal from philosophies, but Americans and these with regard to this situation, once office? Our Constitution requires that young people expect that we will bridge again, with our Nation finding itself in the threshold for that judgment must those gaps. It is going to take a lot of a whirlpool of partisan impeachment. I be set by each Senator sitting as a hard work, but I am certainly ready for have been most troubled that the juror. the challenge, and I hope you will join House managers have not put cause be- All of us in this Senate have concerns me. fore personal animus. I would think, about the direction this country is I yield the floor. back in the day, perhaps, that they had heading, but let me just stress that we The PRESIDING OFFICER. The Sen- a barrel—like a rain barrel to capture have come through, time and time ator from Kansas. the excess water off of the roof. I know again, dark times. These are not the Mr. ROBERTS. Mr. President, tomor- we had that in Dodge City. I think it worst of times. When I first arrived row, on this floor, the Senate will re- probably sat right over there. It is here in the Senate as a chief of staff for convene again as a court to vote on flowing over with personal animus. It Senator Frank Carlson, it was within two Articles of Impeachment against is a rain barrel to catch that and get weeks we had the horrible tragedy of President Trump. Now, after per- rid of it and let us get back to our busi- the assassination of Martin Luther forming my due diligence, along with ness. I deeply regret that. King. Washington was burning. Ma- many others, and considering all asser- As has been stated frequently, Alex- rines were on the Capitol steps with tions by the House and Senate man- ander Hamilton described it best, that sandbags and live ammunition. That agers, I believe the President should be charges against the President ‘‘will sel- was tough. Vietnam tore the country acquitted from both charges. I do not dom fail to agitate the passions of the apart, so did Watergate, so did the im- believe that removal from office is war- whole community, and to divide it into peachment of Bill Clinton, so did Iran- ranted, more especially during an elec- parties more or less friendly or inim- Contra, just to name a few. tion year. ical to the accused. In many cases it Today a charge of impeachment I, like everyone in this body, listened will connect itself with the pre-exist- against the President has placed this to 12 days of debate and testimony cov- ing factions, and will enlist all their Nation in jeopardy again. The House ering nearly 90 hours. I spent time animosities, partialities, influence, and managers’ assertions are exactly the meeting with my fellow Senators in interest on one side or the other; and kind of situation the Framers were try- order to reach a conclusion that was, in such cases there will always be the ing to avoid—the remarks by Alex- one, fair; and two, met our constitu- greatest danger [to our Nation] that ander Hamilton that I just read—as tional mandates; and three, what will the decision will be regulated more by they devised the impeachment mecha- best serve our Nation. the comparative strength of parties, nism to remove a sitting President I did not seek that responsibility. than by the real demonstrations of in- whose actions endangered the Repub- However, I have tried to carry it out to nocence or guilt.’’ lic. the best of my ability. As a Senate I don’t know how many Senators and, However, as we did back then, we will juror, I was asked to weigh whether or for that matter, the distinguished pro- once again come together. As I said, not the House Articles of Impeachment fessor from Harvard, Professor these are not the worst of times, and charging the President with obstruc- Dershowitz, said that over and over we have always pulled it together. We tion of Congress or abuse of power had again. Unfortunately, the warning of are a strong nation because we have merit and, if true, whether the offenses Alexander Hamilton and our Founders strong people. We are a strong nation rose to a level that requires the Presi- have come into fruition today. It is in- because it is in our nature to work to- dent to be removed from office—again, fectious and harming our ability to gether, even as we disagree among our- during an election year. function as the United States Senate, selves. And like many of us, I am troubled where the threads of comity are al- So I made my choice very clear, and by multiple factors. Quite frankly, I ready getting pretty frayed, thread- my plea is, let us restore the threads of am troubled with the House managers’ bare. comity in this distinguished body. demand that we in the Senate fill in In this regard, I appreciated yester- Work together, we must. We will the gaps of their investigation and call day when the White House counsel emerge strong because we will. more witnesses, something they failed showed clips of major bills important I yield the floor. to execute themselves. The job of the to the American people that we have The PRESIDING OFFICER. The Sen- Senate is to be an honest jury, if you done in a bipartisan fashion, despite ator from North Dakota. will, and not take up the role of pros- our differences, despite the animus in Mr. HOEVEN. Mr. President, I rise ecutor or prosecution. Nonetheless, the Senate, especially highlighting today to speak regarding the impeach- after hearing House managers’ state- something called the farm bill, where ment of President Trump. ments, it is clear this is exactly the we achieved 87 votes, with the support, For more than 2 weeks now, the Sen- role they insisted we do. by the way, of the distinguished Pre- ate has listened as both the House I am troubled that countless times siding Officer. We don’t always agree managers and the President’s counsel the House managers made Senators on every issue on the Ag Committee, presented their cases. Nearly 28,000

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.023 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S828 CONGRESSIONAL RECORD — SENATE February 4, 2020 pages of documents, including testi- Mr. MENENDEZ. Mr. President, I Ukraine needed our help. Yet, when mony from 17 witnesses gathered as rise today as an unwavering believer in it sought our military assistance, in- part of the House investigation, will be the system of checks and balances laid stead of sending it right away, the part of the Senate record. Over the out by our Framers in the Constitu- President of the United States said: course of 2 days, Senators asked 180 tion, with three coequal branches of Well, I would like you to do us a favor, questions of the House managers and government at times working with though. The damage of that message the White House counsel. The Senate each other and at times working as a cannot be undone. And if we don’t hold took its constitutional duty very seri- check against each other. It is this sys- this President accountable, then we are ously. tem of checks and balances that safe- saying it is OK to do it again. After carefully listening to the House guards our Republic against tyranny I fear the consequences of the Presi- managers, President’s counsel, review- and ensures that our government by dent’s actions, and I fear the con- ing the documents and testimony, and the people, for the people, as Abraham sequences of our own inaction—not asking questions, it is clear to me that Lincoln said, does not perish from the just for today or this year but for years the House should not have impeached Earth. to come when we have to explain to our President Trump, and the Senate My colleagues, what the facts of this allies ‘‘Trust us; we will be there’’ or should vote to acquit the President. trial have shown and what every Mem- when we tell the American people The House process did not provide ber of this body knows is that Presi- ‘‘Trust us; we are doing this in the the President with important due proc- dent Trump did exactly what the House name of U.S. national security’’ or ess rights. On the other hand, the Sen- has accused him of in these two Arti- when we press other countries about ate trial was conducted using past cles of Impeachment: abusing his power strengthening the rule of law and hold- precedent of the Clinton trial as the and obstructing Congress. ing free and fair elections. framework. At the start of the Senate These articles strike at the very If we do not rein in this conduct, if trial, the Senate agreed that the House heart of a republic ruled not by men we do not call it the abuse of power evidence could be admitted into the but by laws and the very notion of a that it is, then we have failed to live up record. We provided ample opportunity government elected by and for the peo- to the ideals of our Republic. for both the House managers and White ple. I fear we have already let the Amer- House counsel to make their argu- I took my constitutional oath to do ican people and our Constitution down ments and ensure that Senators had impartial justice seriously. I came to by failing to hold a fair trial. There is substantial time to ask their ques- the trial with an open mind. I listened no American across this country who tions. As I said, in fact, Senators asked to both sides. I waited for the facts to would call a trial without witnesses 180 questions over 2 full days and re- persuade me. But in all the many hours and documents a fair trial. They would ceived lengthy answers from both—and I sat through this trial, not once did I call it a sham. And by refusing wit- hear the President’s team make a com- detailed answers from both President’s nesses and documents, the Senate is pelling defense. Instead, I heard a counsel and the House managers. complicit in the President’s obstruc- The American public has seen the damning case from the House managers tion of Congress—the essence of the transcript of the call between Presi- detailing how President Trump sub- House’s second Article of Impeach- dent Trump and President Zelensky. verted our national security and solic- ment. ited foreign interference in our elec- President Zelensky has said on several The House had a constitutional pre- tion for his own personal political ben- occasions that he did not feel pressured rogative to conduct an impeachment to do anything in return for the secu- efit. and oversight investigation. Yet Presi- rity assistance. Further, the military The facts show that the President dent Trump engaged in unprecedented aid was provided to Ukraine without used U.S. security assistance and an of- obstruction in order to cover up his any investigations being conducted. ficial White House meeting—two of misconduct by blocking witnesses with Given these facts, the House’s allega- Ukraine’s highest priorities—not to ad- firsthand knowledge, by denying access tions do not rise to the level of an im- vance our national security but, rath- to any documents, by publicly dispar- peachable offense. er, his own 2020 reelection effort. In so Our Founding Fathers believed that doing, he violated the law known has aging and threatening—threatening— impeachment should not be used as a the Impoundment Control Act and un- those with the courage to defy his or- partisan weapon and that the President dermined Congress’s constitutional au- ders and testify publicly, by casting serves at the will of the people. With thority. aside a coequal branch of government, an election to be held in coming As the ranking member of the Senate as if he can really do, as he himself has months, it should be up to the Amer- Foreign Relations Committee, I want said, whatever he wants. ican people to decide who will lead the to make something clear. When a for- When a President tries to extort a country. eign adversary like Russia interferes in foreign government for his own polit- We need to put this impeachment be- our elections, it is not for the benefit ical aims and in doing so ignores the hind us. We need to get back to work of the United States; it is for the ben- law and the Constitution, the only advancing measures to help improve efit of Russia. remedy can be that which our Framers the lives of Americans. These legisla- The United States provides foreign gave us: impeachment and removal. tive priorities, delayed while the House assistance to countries all over the The Framers knew this day would and Senate focused its attention on world because it benefits America’s income. They knew the threat of an Ex- partisan impeachment, include impor- terests. We help Ukraine in their fight ecutive who welcomed or solicited for- tant items like addressing our Nation’s against Russian aggression because it eign interference in our elections is infrastructure, lowering prescription is the right thing to do for our national real. What the Framers of our Con- drug costs, providing middle-class tax security. But when U.S. officials tell stitution never could have imagined is relief, promoting American energy de- Ukraine that in order to get the Oval that there would come a day when the velopment, supporting our military Office meeting their President wants U.S. Senate would shrink in the face of and veterans, upholding our trust and and the security assistance it urgently a President who would behave like a treaty obligations to our Tribal com- needs, their government must first an- King, not out of principle but out of munities, securing our borders, and nounce investigation into President willful ignorance and blind party loy- continuing to fight for our farmers and Trump’s political opponents, that is alty. our ranchers. These should all be areas not advancing our national security. Our failure to conduct a fair trial where we can work together on a bipar- That is corrupting it. That is forcing a casts doubt on the very verdict ren- tisan basis for the American people. foreign country to choose between dered by this body. This is not an exon- With these important priorities in their own security and getting per- eration of a President; it is a corona- mind, I look forward to getting back to versely involved in another country’s tion of a King. work for the American people. elections. I believe that the day we fail to re- I yield the floor. When we use U.S. foreign assistance move this President will go down in The PRESIDING OFFICER. The Sen- as a political pawn, we weaken our history as a day of constitutional in- ator from New Jersey. standing and credibility in the world. famy. It will be remembered as a dark

VerDate Sep 11 2014 23:54 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.025 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S829 day for our democracy, for our national Mr. MARKEY. Madam President, I that President Trump released the aid security, and for our constitutional thank you. to Ukraine only after a patriot within order. Over the course of this trial, we have the intelligence community blew the I ask my colleagues, what future heard nothing less than a blistering, whistle on him and after several House damage will we enable if this body says scalding indictment of President committees announced a joint inves- that it is OK for a President to subvert Trump’s conduct. The House managers tigation into the President’s coercive our national security interests and so- put forward a compelling—indeed, scheme. There is no doubt that the licit foreign interference in our elec- overwhelming—case that Donald President directed and orchestrated a tions? What will be left of our system Trump engaged in impeachable con- coverup and the wholesale obstruction of checks and balances if there are no duct. He withheld both congressionally of Congress’s investigation into his consequences for obstructing investiga- approved aid to our ally Ukraine and wrongdoing. tions, blocking witnesses, and with- an Oval Office meeting desperately Donald Trump has shown no remorse, holding evidence from Congress? If we sought by Ukraine’s new President— no contrition, no recognition whatso- do not remove this President, can we two official acts—in exchange for per- ever that his conduct was wrong. In- pull ourselves back to a place where sonal favors that would benefit him po- stead, he has doubled down on his the rule of law matters? How much litically. abuses, gaslighting us repeatedly with more shredding of the Constitution as Trump sought an announcement by the assertion that his call with Presi- a nation can we possibly endure? Ukraine of baseless investigations into dent Zelensky was ‘‘perfect’’ and by We already know President Trump bogus corruption allegations against publicly urging Ukraine and China to thinks he can go to war without con- Joe Biden, whom Donald Trump most investigate his political rivals. gressional authorization. He believes feared as an opponent in the 2020 Presi- The question now before the U.S. he can misuse congressionally appro- dential election. He also wanted Senate is not, What are the facts? We priated funds for whatever he wants, Ukraine to announce an investigation know the facts. No reasonable person like taking billions from the Depart- into the discredited and debunked con- can dispute them. No, the question for ment of Defense to spend on a border spiracy theory that Ukraine, not Rus- the Senate is, What in the pursuit of wall that every day proves to be a co- sia, interfered in the 2016 Presidential impartial justice, as our oaths require, lossal waste. And through it all, the election. must we do with these facts? compliant and complicit Republican At every turn, Donald Trump refused To me, the answer is clear. We must majority has further emboldened this to cooperate with and actively ob- vote to convict Donald Trump and re- President by eliminating the 60-vote structed Congress’s investigation into move him from office. All the evidence threshold for Supreme Court nomina- his wrongdoing. His obstruction was, in shows that he has committed impeach- tions, by refusing to call witnesses in the words of the Articles of Impeach- able offenses and is a clear and present this trial, by further stripping the Sen- ment, ‘‘unprecedented, categorical, and danger to our democracy and our na- ate of its David versus Goliath role in indiscriminate.’’ tional security. which we serve as a check on vast exec- I listened carefully to the President’s But if we fail to remove Donald utive power. lawyers as they presented their defense Trump from office, we are left with an If the Senate is prepared to say that case. Like my colleagues, I took pages equally consequential question: What this President and all future Presidents of notes. My colleagues were very pa- would prevent an acquitted Donald of either party can misuse congression- tiently trying to hear each argument Trump from abusing his power again? ally appropriated funding to extract that was being made by the defense We all know that the answer is noth- political favors from a foreign power, counsel. I took notes. They took notes. ing—nothing will. That is the answer I can deny all witnesses, can withhold As I sat at this desk, with the seri- received from the House managers all relevant documents, can openly ousness and sanctity of the proceedings when I asked this question during the threaten Ambassadors, career public thick in the air, I waited for the Presi- trial. In fact, we know that an acquit- servants, and Members of Congress—if dent’s lawyers to rebut the avalanche tal will only embolden him. a President can commit all of these of evidence against their client, and I We know that Donald Trump’s phone gross abuses of power as if he were waited and I waited. At the end of the call with Ukrainian President Zelensky above the law, then the very essence of case, I was still waiting. And that is took place the day after Special Coun- our democracy is broken, and what we because the President’s lawyers did sel Mueller testified in the House of must ask ourselves is, What is left? nothing to rebut any of the facts in Representatives. The special counsel What is left of our Constitution if we this case—nothing. They knew what we found and explained in his House testi- are not prepared to defend it? What is all knew after we heard the House mony that there was evidence of a left other than lawlessness? managers’ case. Donald Trump did it. criminal conspiracy between members We need Republicans of conscience He did it. He did exactly what he was of the Trump campaign and Russia, but and courage to say more than just alleged to have done. He abused his the evidence was not sufficient to bring ‘‘Yes, the President did it, and it was power. He committed impeachable charges. Robert Mueller never said wrong.’’ We need our Republican col- crimes. He is guilty. There is no ques- there was no evidence of such a con- leagues to be intellectually honest. We tion about it—no question at all. spiracy. There was evidence. It was need them to speak the truth and say There is no doubt that President merely insufficient for a prosecution. it is impeachable so we can mount a bi- Trump used his personal attorney, We know that Donald Trump took partisan defense of the Constitution Rudy Giuliani, to solicit Ukraine’s in- this as a green light to invite further and all that America stands for. terference in the 2020 election. There is foreign interference in our elections, I, for one, am prepared to defend our no doubt that President Trump froze which he did the very next day. Constitution. I will vote guilty on the the $391 million of taxpayer dollars in Donald Trump has no shame. He can- Articles of Impeachment, not because Ukraine military aid and security as- not help himself. If we acquit President of loyalty to any party, not because of sistance that Congress authorized and Trump, he will believe himself to be ac- how it will or won’t play in any upcom- appropriated. There is no doubt that countable to no one, and when—not if, ing election. I will vote for impeach- President Trump conditioned the re- but when—he is again faced with a ment and removal not because I hate lease of that aid on the Ukrainian Gov- choice between the public interest and this President, because I don’t, but be- ernment’s announcement of politically his personal interest, he will choose his cause I love our country more. motivated investigations. personal interest, and it will, in part, I took an oath to uphold the Con- There is no doubt that in a July 25, be a reckoning of our own making. A stitution, and with this vote, I intend 2019, telephone call, President Trump majority in this Chamber will have to do so. directly solicited investigations from made President Trump a dictator. I yield the floor. President Zelensky, as the partial Then, what will we tell the American The PRESIDING OFFICER (Ms. MUR- transcript memorialized and as Acting people? How will we convince them KOWSKI). The Senator from Massachu- White House Chief of Staff Mick that we still have a democracy that setts. Mulvaney admitted. There is no doubt they should have faith in, a system of

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.026 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S830 CONGRESSIONAL RECORD — SENATE February 4, 2020 checks and balances that ensures ac- I will end my remarks with the an- misdemeanors. That constitutional countability, that no one is above the swer I got from my constituent Mat- backstop is called impeachment. law? thew Murray in Gloucester to what he As we consider the impeachment of This weekend I asked some of my would say if he were here. He said: Donald J. Trump, I ask my colleagues constituents what they would say on I urge you, my fellow Senators, to delib- to remember that while we are here the floor of the Senate if they could erate in accordance to your conscience and today because of the conduct of one make remarks in this trial. the oath you took when you were elected, man, the Constitution that guides us Jennifer Baker Jones of Woburn said and vote to remove this dangerous President through these choppy waters some 233 it perfectly: from office. years later is the triumph and wisdom Wednesday’s vote won’t be a vindication of This is the choice we must make: of many men. We are here because of Trump, but an end to the right of Congress duty to this President or duty to de- patriots like Washington, Adams, Jef- to push back on the President. They are giv- mocracy. For this reason, I will be vot- ferson, Franklin, Madison, Hamilton, ing up their balance of power. ing to remove President Trump from and many others who lived under the It will be difficult because we have office. This is an historic moment. I do harsh rule of a King and fought for the already ceded much of our authority not think that this body has a choice. freedom to govern themselves. and, indeed, betrayed the public’s faith Thank you, Madam President. I yield Our Constitution gives the House of in us by the conduct of this trial. back. Representatives the sole power of im- Hope Anderson in Lowell, MA, told I suggest the absence of a quorum. peachment, while the Senate has the me: The PRESIDING OFFICER. The sole power to conduct a trial in the We need to not only hold our leaders and clerk will call the roll. event the House impeaches a sitting ourselves accountable, but seek to maintain The legislative clerk proceeded to President. and repair the public’s trust. call the roll. We are now at the end of the im- We are not here simply to protect Mr. CARPER. Madam President, I peachment trial of Donald J. Trump. It one election in 2020. We are here to pro- ask unanimous consent that the order is not the trial that many of us had tect all elections. for the quorum call be rescinded. hoped for. We had hoped for a fair trial. At the beginning of this trial, we The PRESIDING OFFICER. Without The American people deserve a fair each took an oath to do impartial jus- objection, it is so ordered. trial. A fair trial has witnesses. A fair tice, but then we held the trial without Mr. CARPER. Madam President, 233 trial has evidence. witnesses and without documents. We years ago, our Founding Fathers gath- I don’t believe that history will be moved to vote on the Articles of Im- ered in Philadelphia, just a few miles kind to those who have and continue to peachment without hearing from John north of us in Delaware. Eleven years prevent the truth from coming to light Bolton, a witness whose firsthand earlier, we had declared our independ- during this trial. The American people knowledge directly cuts the heart out ence from the British Crown, the most deserve to know the truth, as does this of the President’s case; without hear- powerful empire in the world. Despite jury, the Members of the United States Senate. ing from Mick Mulvaney, whose finger- long odds, David overcame Goliath, and President Lincoln once said: prints are all over this scheme; without we won our independence, but would the government of this new Nation en- I am a firm believer in the people. If given the emails, texts, and other documents the truth, they can be depended upon to we know exist, writings that memori- dure? meet any national crisis. When the Founders gathered in alize communications about the ac- Thomas Jefferson said something Philadelphia that summer of 1787, they tions at issue here. very similar to that. He said that if the began debating a new form of govern- A trial is a search for the truth, the people know the truth, they won’t ment. At times, the differences be- full truth, the whole truth. That search make a mistake. for the truth requires hearing from rel- tween our Founders—Northern States, The same is true of the Senate. If evant witnesses and seeing relevant Southern States, small States, and given the truth, we, too, can be de- documents so that the fact finders un- large States—seemed irreconcilable. pended upon to meet this crisis and do derstand the entire story. By not pur- However, a great compromise was the right thing. I believe the truth will suing this evidence, the Senate—the eventually reached, and an intricate not only set us free but keep us free. fact finders—have told the American system of checks and balances was We now have an obligation to con- people that the truth does not matter. written into a governing document, the sider the evidence presented by House They deserve better from us. Our Constitution of the United States. managers and the President’s defense Constitution demands it, our democ- Nebraska Senator William Jennings team related to two Articles of Im- racy demands it, and I believe the vast Bryan once remarked: ‘‘Destiny is not peachment—one, abuse of power; two, majority of my Republican colleagues a matter of chance. It is a matter of obstruction of Congress. do understand what Donald Trump did choice.’’ Our Constitution has endured The House managers have presented here and know that it is very, very longer than any other on Earth, in a case that is a result of a 3-month- wrong. They know the House managers large part because we did not leave our long investigation during which the proved their case. Some are even say- destiny to chance. Today, our Con- House Intelligence Committee issued ing that out loud. stitution remains the longest lasting scores of subpoenas for documents and I believe the vast majority of my Re- Constitution in the world. testimony. Donald Trump obstructed publican colleagues recognizes that Our Founders, despite their many this process from the start. No Presi- abuse of power is an impeachable of- disagreements, made the crucial choice dent—not even President Richard fense and that the President is not that this new Constitution would not Nixon during Watergate—has ever above the law. But, unfortunately, I lead to the creation of an all-powerful issued an order to direct a witness to also believe that they are simply too King. They came from places where refuse to cooperate in an impeachment afraid of Donald Trump to do what they had done that, been there, and inquiry. As a result of this unprece- they know is right. they didn’t want to go through that dented obstruction, the Trump admin- Every Senator needs to consider this again. Instead, the Constitution cre- istration did not provide a single docu- question. If what Donald Trump did ated three separate, coequal branches ment to the House of Representatives— here is not impeachable—extorting for- of government—an executive branch, a not one. eign interference in our free and fair legislative branch, and a judicial Fortunately, those 17 brave public elections and then covering it up— branch. This ingenious system would servants, many of whom risked their then, what is impeachable? ensure that a future President with the careers, came forward to testify under We have to have accountability. That impulses of a King would be restrained oath, and here is what we learned from is our duty. We cannot give future by the other two branches. them. Presidents carte blanche to tear down The Constitution also provided an- Donald Trump used the powers of his our Constitution and interfere with other backstop against abuses from a office to pressure the Government of free and fair elections, period. That has future President who committed trea- Ukraine to interfere in the 2020 elec- to be our standard. son, bribery, or other high crimes and tion on his behalf and to smear his

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.028 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S831 most feared political opponent, our Our Constitution has weathered a foreign policy to a rogue private attor- former colleague, former Vice Presi- Civil War, World War I, World War II, ney, hurt an American ally, gratified dent Joe Biden. Donald Trump did this Vietnam, Watergate, a Great Depres- an adversary, and overturned long- by illegally withholding funds appro- sion, a great recession, death of Presi- standing precedent regarding the rela- priated by Congress to help an ally, dents, assassination of Presidents, and, tionship between the executive and leg- Ukraine, in the midst of a hot war yes, impeachment of Presidents. Our islative branches. The scheme was so against Russia. Donald Trump did this Constitution will weather this storm repellant that numerous members of by withholding a coveted White House too. his own administration fought against meeting from the newly elected Presi- A vote to acquit this President does it, and then, when they could not stop dent of Ukraine, President Zelensky. not exonerate this President. A vote to it themselves, courageously brought it This President illegally withheld the acquit effectively legalizes the corrup- to light. funds and a meeting until President tion of our elections—the very founda- The House managers have proven Zelensky merely announced sham in- tion under our democratic process. A both Articles of Impeachment. But I vestigations involving Vice President vote to acquit says to the President, have struggled during the Senate proc- Joe Biden and a debunked conspiracy and to all who follow, that you may use ess—which cannot be called a trial due theory that Ukraine, not Russia, inter- the powers of the office to solicit for- to the shocking refusal to allow key fered in the 2016 election. And when he eign interference in our elections—the witnesses and documents—with a basic got caught in the midst of this corrupt very thing that the Founding Fathers question: Is it an abuse of trust for a scheme, President Trump even called feared. A vote to acquit is the realiza- President to behave exactly as ex- for other foreign nations to interfere tion of our Founders’ worst fears: leav- pected? on his behalf in the upcoming 2020 elec- ing a President with the impulses of a President Trump’s behavior has been tion. King, unchecked by the other coequal appalling, but it has not been a sur- While I believe the evidence against branches of government and undeterred prise. The American people knew that Donald Trump is overwhelming, like by the prospect of impeachment. Donald Trump would seek foreign help any criminal defendant, he is entitled Donald Trump violated his oath. He to win an election. He publicly did so to a robust defense. broke the law. He attempted to cheat in 2016 by appealing to Russia for help Many of us listened carefully to the in the 2020 election, and when he got at the same time as our Chairman of President’s defense team over the caught, he left little doubt that he will the Joint Chiefs of Staff said Russia course of his 2-week trial. Not once did cheat again. That is not the conduct was America’s chief adversary. That he the President’s defense team rebut the we expect of an American President. is doing so again is no surprise. facts of the case. Not once did they de- That is the conduct of someone who be- The American public knew that Don- fend their client’s character or call an lieves that he or she is above the law. ald Trump would target political oppo- eyewitness who could contradict the Donald Trump is our President. He is nents with false attacks. He publicly assertions made by witnesses who tes- not our King. did so in 2016 by leading crowds in tified under oath. Not once did we hear So colleagues, if our destiny is to re- chants of ‘‘Lock her up.’’ That he will the President’s defense team say: Of main the most enduring democracy in again target perceived opponents, course, the President wouldn’t use the the history of the world, we must not Democrats or Republicans, Ambas- weight of the Federal Government to leave this to be a matter of chance. We sadors or whistleblowers, Representa- smear his political rival. must choose to preserve and protect tives or Senators, war heros or teenage What did we hear? Instead, we heard our Constitution, and, to do so, we environmental activists, is no surprise. distractions, conspiracy theories, un- must convict Donald Trump on both The American public knew that Don- founded smears about Vice President Articles of Impeachment and remove ald Trump would obstruct the release Biden—our former colleague—and his him from office. of information. He publicly did so in family. Instead, we heard a farfetched As he left the Constitutional Conven- 2016, when he violated longstanding legal theory that Presidents cannot be tion in 1787, Benjamin Franklin was practice by refusing to release his tax impeached for soliciting foreign inter- asked this question we heard asked returns. That he will continue to ob- ference in our elections if they believe several times in the last 2 weeks on struct Congress, the media, and the their own reelection is in the national this floor. He was asked: ‘‘What do we American public is no surprise. interest. have, [what do we have here] a mon- His bigotry is no surprise. His lying I believe the House managers proved archy or a republic?’’ Franklin an- is no surprise. His lack of ethics is no their case, and there now appears to be swered famously: ‘‘A republic, if you surprise. His xenophobia is no surprise. some bipartisan agreement that the can keep it.’’ His misogyny is no surprise. His obses- President abused his power. Still, does Today I want to pose the same ques- sive selfishness is no surprise. His hate- this merit conviction and removal tion to all of us, to our colleagues, in ful, divisive, and ignorant rhetoric is from office? Think about that. this Chamber: What do we have here, a no surprise. Our Constitution, agreed to in 1787, monarchy or a Republic? I guess we But Presidential impeachment was sought to establish ‘‘a more perfect can all answer for ourselves, but I want not designed to remove an amoral lead- Union’’—not a perfect union, ‘‘a more to leave you with my answer today. er that the Nation had knowingly and perfect Union.’’ The hard work toward Here it is. We have a Republic, and I in- willingly elected. It was designed to a more perfect union did not end when tend to keep it. rescue the Nation from a leader who Delaware became the first State to rat- I yield the floor. abuses the public trust. Can one abuse ify the Constitution on December 7, The PRESIDING OFFICER. The Sen- the public trust by behaving exactly as 1787. In truth, it had only just begun. ator from Virginia. expected? We went on as a nation to enact the Mr. KAINE. Madam President, I rise The Senate impeachment process an- Bill of Rights, abolish slavery, give also to discuss the pending matter, the swered my question. In 1974, Senators women the right to vote, and much, serious matter of impeachment. of both parties were willing to con- much more. President Trump schemed to get demn extreme Presidential mis- Throughout our history, each genera- Ukraine to help him win the 2020 elec- conduct. In 1999, Senators of both par- tion of Americans has sought to im- tion by strong-arming its new Presi- ties were able to distinguish between prove our government and our country dent to announce a bogus investigation unacceptable personal behavior and because, after all, we are not perfect. against a political opponent. To carry ‘‘high Crimes and Misdemeanors.’’ But In the words of Senator Bryan, we do out his scheme, he smeared, fired, and in 2020, the Senate majority engineered not leave our destiny to chance. We threatened a dedicated career ambas- an effort to conceal the truth rather make it a matter of choice. And we sador, thwarted Congress by secretly than find the truth. Some described choose to make this a more perfect withholding appropriated military aid their motives as ‘‘let the people de- union, a reflection that the hard work over the advice of his national security cide,’’ even as they voted to hide crit- begun in Philadelphia in 1787 is never— team, violated two laws in order to ical evidence from the American peo- never—truly complete. hide his actions, outsourced critical ple.

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.029 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S832 CONGRESSIONAL RECORD — SENATE February 4, 2020 While the President’s actions have The reason acquittal is the right de- President of Ukraine, where the Presi- not been surprising, the Senate’s capit- cision is that the House managers dent of Ukraine called out the Obama ulation has surprised me. And last Fri- failed to prove their case. They failed administration because they were send- day, as the majority repeatedly to demonstrate that they satisfied the ing blankets and MREs—meals. And blocked the effort to consider witnesses constitutional standard of high crimes President Poroshenko rightly said that and documents, I had a sad epiphany. and misdemeanors. The text of the you can’t fight a Russian tank with a Unchallenged evil spreads like a virus. Constitution provides that a President blanket. We have allowed a toxic President to may be impeached for ‘‘Treason, Brib- So if the House managers are right infect the Senate and warp its behav- ery, or other high Crimes and Mis- that there is something improper about ior, and now the Senate’s refusal to demeanors.’’ The House managers fell delaying military aid, the Obama ad- allow a fair trial threatens to spread a woefully short of that standard. In- ministration did so for the entirety of broader anxiety about whether ‘‘impar- deed, in the Articles of Impeachment the administration. What did President tial justice’’ is a hollow fiction. An ac- they sent over here, they don’t allege Trump do? He did something Obama quittal will lead to worse conduct. any crime whatsoever. They don’t even never did: He provided lethal defensive I will not be part of this continual allege a single Federal law that the military aid—Javelin missiles that can degradation of public trust; thus, I will President violated. take out Russian tanks. vote to convict. An awful lot of Americans looking at The first ground they allege, of de- An acquittal will, however, under- these proceedings have heard a lot of laying aid, is legal and permissible, and score a higher principle. The removal noise, have heard a lot of screaming, by any measure, the Trump adminis- of a man will not remove the moral but are left wondering, What was this tration’s record on it is much, much void he exemplifies. Instead, every day, all about? better than the Obama administra- people of good will must engage as If you examine the substance, there tion’s. never before and show to ourselves and are two things that the House man- How about the second ground: direct- to the world that Americans still have agers allege the President did wrong. ing an investigation into your political the capacity to choose right over One, they allege that the President rival. The most important legal ques- wrong, service over self, fact over fic- wrongfully delayed aid to Ukraine, tion in this proceeding, the question tion, and decency over malice. and, two, they allege that the Presi- that resolves this proceeding, is this: With that, I yield the floor. dent wrongfully asked for an investiga- Does the President have the constitu- I suggest the absence of a quorum. tion into a political rival. Both of tional authority to investigate credible The PRESIDING OFFICER. The those are legitimate ends. allegations of corruption? clerk will call the roll. Let me address them one at a time The House managers built their case The bill clerk proceeded to call the because there is a deep irony in the ar- on the proposition that seeking an in- roll. gument of the House managers. Both of vestigation into Burisma, the corrupt Mr. CRUZ. Madam President, I ask those objectives are consistent with Ukrainian natural gas company, and unanimous consent that the order for law, are permissible and legal, and both Joe Biden and Hunter Biden—seeking the quorum call be rescinded. of those objectives have been done, by any investigation into whether there The PRESIDING OFFICER. Without any measure, substantially worse by was corruption was, in the words of the objection, it is so ordered. the preceding administration, by the House managers, ‘‘baseless,’’ ‘‘a sham,’’ Mr. CRUZ. Madam President, tomor- Obama administration. and utterly ‘‘without merit.’’ In their row afternoon, the Senate will vote to Let’s take delaying aid to Ukraine. I opening arguments, the House man- acquit President Trump in these im- am a big believer in America standing agers spent over 2 hours trying to peachment proceedings. That is the with Ukraine. Indeed, I traveled to make that case, and Madam President, right thing to do. That is the decision Ukraine. I went to the Maidan Square I will say, on the face of it, that propo- that comports with both the facts and and stood with protesters who had been sition is objectively absurd. the law. shot down by their government as the The White House legal defense team These impeachment proceedings protesters stood for freedom. laid out, in considerable detail, that began in the House of Representatives I believe military aid to Ukraine is a there was very substantial evidence of in a thoroughly partisan affair, driven good thing, and it is true that the corruption. Burisma is a company that by House Democrats, without allowing Trump administration temporarily de- was built on corruption. The oligarch the President to participate in cross- layed aid to Ukraine. That is their who started Burisma, Mr. Zlochevsky, examining witnesses and calling de- right to do so. Presidents have delayed was the sitting energy minister in fense witnesses. foreign aid before. The Trump adminis- Ukraine, and he amassed his billions When the matter came to the Senate, tration has done so with regard to a by, as the sitting energy minister, giv- the Senate was obligated to do much number of countries. The Obama ad- ing gas licenses to his own company better. We had an obligation under the ministration did so before that. Pre- that he was head of. That is where Constitution to conduct a fair trial, vious administrations have done so. Burisma made their money. It was a and that is what the Senate has done. But we heard hour upon hour of the company built on corruption from day Over the course of the last 2 weeks, we House managers trying to establish the one. have heard hour upon hour upon hour proposition that aid to Ukraine was de- Now, I think it is worth pausing and of argument. The House proceeding layed when President Trump admits examining the timeline of what oc- heard testimony from 18 different wit- aid to Ukraine was delayed. There is no curred because, remember, the House nesses. The Senate saw 193 video clips dispute about it. managers’ case is that it is baseless of witness testimony presented here on We heard testimony about how and a sham to even investigate corrup- the Senate floor. The Senate posed 180 Ukrainians died because aid was de- tion. separate questions from Senators to layed. Here is the irony: If you support In early 2014, Vice President Joe the House managers or the White aid to Ukraine, as I do, military aid to Biden was named the point person for House defense team. Within the record Ukraine as they stand up to Russia, the Obama administration on Ukraine. were over 28,000 pages of documents, in- there is no dispute whatsoever that, for In April—on April 13 of 2014—Devon Ar- cluding the single most important evi- the entirety of his Presidency, Presi- cher, business partner of Hunter Biden, dence in this case, which is the actual dent Obama refused to give lethal mili- the son of Joe Biden, joined the board transcript of the conversation at issue tary aid, defensive aid, to Ukraine, de- of Burisma and began being paid a mil- between President Trump and the spite the fact that I and other Members lion dollars a year. On April 28, Brit- President of Ukraine. The Trump ad- of this body called on President Obama ain’s securities fraud bureau freezes $23 ministration, to the astonishment of to give aid to Ukraine. I remember million in accounts controlled by everyone, declassified that transcript when we all went to the floor of the Zlochevsky, the oligarch who owned and released it to the world so that we House of Representatives to hear a Burisma. Then, just 2 weeks later, on can read precisely what was said in speech to a joint session of Congress May 12, Hunter Biden, the son of Joe that conversation. from President Poroshenko, then the Biden, is named to the board and paid

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.031 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S833 a million dollars a year, despite having am proud that this body will vote—and monial immunity when the House no background in oil and gas and no I hope in a bipartisan way—to reject Democrats sought testimony and docu- discernible background in Ukraine. these Articles of Impeachment, to ac- ments from some of the President’s Hunter Biden gets paid a million dol- quit the President, and to find Presi- closest aides. Anyone who knows a law- lars a year, and Joe Biden actively, ag- dent Trump not guilty of the articles book from a J. Crew catalog does not gressively, vigorously leads the Obama the House has sent over. take this charge seriously. Executive administration’s policies on Ukraine. I yield the floor. privilege and testimonial immunity Now, the House managers were asked The PRESIDING OFFICER (Mrs. are well-established, constitutionally in questioning: What exactly did Hun- CAPITO). The Senator from Louisiana. based Presidential and executive ter Biden do for his million dollars a Mr. KENNEDY. Madam President, I branch privileges that every President year? They refused to answer that. will vote against each of the House at one time or another has asserted. That is a perfectly reasonable question Democrats’ Articles of Impeachment, The proper course by the House Demo- to ask if you are investigating corrup- and I would like to explain why. crats in the face of the assertion of tion. Joe Biden is seen on video not The House Democrats’ impeachment these privileges was to seek judicial re- just admitting but bragging that he proceedings and their Articles of Im- view—go see a judge to seek judicial told the President of Ukraine he would peachment were and are fatally flawed. review from our third branch of gov- personally block a billion dollars in My friends, the House Democrats, say ernment, which then would have bal- foreign aid loan guarantees unless that the President is out of control. anced the policies underlining the Ukraine fired the prosecutor who was What they really mean is that the privileges against the public interest of investigating Burisma, the company President is out of their control. And overriding the privileges. But House paying his son a million dollars a year. that is not grounds for impeachment. Democrats chose not to do that. They cannot now complain. As Joe Biden bragged on that video, First, the process. The House Demo- crats’ impeachment proceedings were The House Democrats also accused ‘‘Well, son of a bitch,’’ they fired him. President Trump of abuse of power. If Now, that, on its face, raises signifi- rigged. Speaker PELOSI and the House Democratic leadership decided before you listen carefully to their allega- cant issues of potential corruption. We tions, you will see that they don’t real- don’t know for sure if there was, in they even began to give President Trump a fair and impartial firing ly argue that the President of the fact, corruption, but when President United States did not and does not squad. Speaker PELOSI and the House Trump asked that it be investigated to have the inherent authority to pause get to the bottom of what happened, Democrats’ judicial philosophy from the very beginning was guilty. That is U.S. foreign aid to Ukraine until the President has the authority to in- Ukraine agreed to investigate corrup- why much of the proceedings were held vestigate corruption, and there was tion. That is clearly within the author- in secret. more than sufficient basis to do so. ity of the President of the United Of course, the House managers are Democracy, they say, dies in dark- ness, and I believe it. That is why the States. right that it is somehow illegitimate, Instead, the House Democrats, claim- House Democrats hid the identity of it is somehow inappropriate—it is, in ing to be able to read the President’s the original accuser, the so-called fact, impeachable—to seek the inves- mind, say that the President did it tigation of your political rival. whistleblower, thus prohibiting the with a corrupt motive because the in- We know for a fact that the Obama American people from being able to vestigation of corruption was against administration not only sought the in- judge the accuser’s motives. That is former Vice President Joe Biden, a po- vestigation but aggressively led an in- also why the House Democrats pre- litical rival. But the President didn’t vestigation marred by abuse of power, vented the President and his counsel get Joe Biden’s name out of a going after then-Candidate Trump, in- from cross-examining the House Demo- phonebook. Why did the President ask cluding wiretaps, including fraudu- crats’ witnesses, from offering his own for an investigation involving former lently obtained court documents and witnesses, from offering rebuttal evi- Vice President Biden? Four words: court warrants from the FISA Court. dence, and even from being able to Hunter Biden and Burisma. Impeachment is an extraordinary challenge the House Democrats’ evi- Now, these are the facts. President remedy. It is not designed for when you dence. The House Democrats wouldn’t Obama put Vice President Biden in disagree. It is not designed for when even allow the President or his counsel charge of the foreign affairs of our you have political differences or policy to attend critical parts of the impeach- country for two other countries, differences. It is designed for when a ment proceedings. Ukraine and China. And in both in- President crosses the constitutional The U.S. Senate cannot and should stances, the former Vice President’s threshold. not consider an impeachment based on son, Hunter Biden, promptly walked On February 6, 1974, the Democratic such a deficient record. It is true that away with millions of dollars in con- Judiciary Committee Chairman Peter in America no one is above the law, but tracts from politically connected com- Rodino, Democrat from New Jersey no one is beneath it either. Fairness panies in those two countries, includ- who led the impeachment inquiry into matters in our country. ing Burisma Holdings. The message Richard Nixon, told his colleagues: The House Democrats’ impeachment that this behavior sent to the world Whatever the result, whatever we learn or is also flawed because it is a partisan was that America’s foreign policy can conclude, let us now proceed, with such care impeachment. Its genesis is partisan be bought like a sack of potatoes. No and decency and thoroughness and honor rage. Not a single, solitary House Re- fairminded person can argue that an that the vast majority of the American peo- publican voted for the Articles of Im- investigation of this possible corrup- ple, and their children after them, will say: peachment—not one. tion was not in the national interest. This was the right course. There was no The House Democrats made a con- The House Democrats’ impeachment other way. scious decision to turn impeachment proceedings and their Articles of Im- That was the standard that led to an into a routine Washington, DC, polit- peachment are an example of swamped- overwhelming bipartisan vote to open ical weapon, to normalize it. Our coun- up Washington, DC, both procedurally the impeachment proceeding against try’s Founders were concerned about and substantively. On the basis of par- Richard Nixon. That standard was not impeachments based on partisan rage tisan rage—partisan rage coursing remotely followed by the House man- and our country’s Founders were ada- through their veins—the House Demo- agers. This was a partisan impeach- mantly opposed. That is why in the crats seek to annul the 134 million ment, and we are right now in an elec- Constitution they required a two- Americans who voted in the 2016 Presi- tion year. The voters are voting, and it thirds vote of the Senate to impeach. dential election, which resulted in the is up to the voters to decide which poli- Now, a word about the substance of Trump Presidency, and to do so when a cies they want to continue. The House the House Democrats’ Articles of Im- new Presidential election is just 10 managers have abused the constitu- peachment. The House Democrats ac- months away. No one in the Milky Way tional process by trying to use im- cused the President of obstruction of who is fairminded can believe this is peachment to settle a partisan score. justice. Why? Because he chose to as- good for America. A nation as great as That is divisive to the country, and I sert executive privilege and testi- ours deserves better.

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.032 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S834 CONGRESSIONAL RECORD — SENATE February 4, 2020 So to my Democratic friends, here is This investigation is entirely dif- Arguing that President Trump ob- what I say. The 2016 Presidential elec- ferent. It was rushed and was totally structed Congress by claiming his tion is over. Let it go. Put aside your partisan, with not one single House Re- rights is unacceptable and would fun- partisan rage. Stop regretting yester- publican voting for these two pitiful damentally weaken this right for fu- day, and instead, let’s try working to- Articles of Impeachment. ture Presidents. When President gether and creating tomorrow, because, The impeachment trial in the Senate Trump exerted executive privilege—his after all, the future is just a bunch of has been going on for the past 11 days. right under the Constitution—Demo- things we do right now strung to- Unlike in the House, the Senate upheld crats could simply have pursued the gether. its constitutional duty to conduct a subpoenas. That is the way the Found- I yield the floor. fair trial. The Democratic House man- ers laid it out. They could have pur- The PRESIDING OFFICER. The Sen- agers had the opportunity to present sued the subpoenas in court. For some ator from Georgia. their case. Then, for the first time in reason, the House Democrats chose not Mr. PERDUE. Madam President, in this sad affair, the President and his to do that. Federalist Papers No. 65, which we team—his lawyers—had an opportunity House Democrats were in such a rush have heard referred to quite a bit in to present their case, their defense. that they sent the Senate an incom- the last 2 weeks, Alexander Hamilton Neither article I, ‘‘abuse of power,’’ plete case. That is why I believe the warned that the impeachment process nor article II, ‘‘obstruction of Con- Senate should not have accepted them should never be used as a partisan po- gress,’’ qualify as constitutional rea- in the first place, because the process litical weapon. He said that impeach- sons for impeachment. was illegitimate, inappropriate, and in- ment can ‘‘connect itself with the pre- It is pretty simple. I am not a law- complete. existing factions and will enlist all yer, but if you look at the facts, it is Bottom line: House Democrats sim- their animosities, partialities, influ- very direct. The Constitution clearly ply did not do their job. In the Clinton ence, and interest on one side or on the lays out four explicit reasons for im- investigation, the House investigated other . . . in such cases there will al- peaching a President. Even corruption for over 400 days before they brought ways be the greatest danger that the does not qualify under these defini- Articles of Impeachment. There was a decision will be regulated more by the tions. It is very clear. They itemized conviction. In this case, it was barely comparative strength of the parties, treason, bribery, high crimes, and mis- 100. than by the real demonstrations of in- demeanors. And they explained to us in The Democratic House managers nocence or guilt.’’ the hearings: Another translation in brought the Articles of Impeachment Today, unfortunately, over two cen- modern terms, using the Old English and claimed they had overwhelming turies later, Hamilton’s fears have be- for misdemeanors, is crimes. It is an- proof. Immediately in their opening come reality. This current impeach- other word for crime. statement, they had overwhelming ment process has never been about the The charges against President Trump proof. However, right away, even with truth, justice, or the rule of law. For don’t come close to any of these speci- that, they immediately demanded the my colleagues across the aisle, this is fied requirements. It is as simple as Senate call witnesses that the House only about overturning the 2016 elec- that. The House really was beginning had already chosen not to call, like tion, impacting the 2020 election, and to make up new constitutional law. John Bolton. They could have easily gaining the Senate majority. Each of the other three Presidents who From the start, this House process called him but chose not to, claiming it has been totally illegitimate. The Arti- has faced impeachment was charged would take too long. Instead, they de- cles of Impeachment that the House of with committing a crime. manded that the Senate call additional President Trump is the first Presi- Representatives presented to us last witnesses who were not included in the dent ever to face impeachment who month were nothing more than the House investigation. was never accused of any crime in fruit of a poisonous tree. The Constitution requires that the In America, we believe in the rule of these proceedings, whatsoever. These House conduct the investigation, in- law. In America, we believe in due two Articles of Impeachment simply do cluding calling witnesses, taking depo- process. In America, we believe anyone not qualify as reasons to impeach any sitions, collecting evidence, and the has the right to a fair trial. In Amer- President. Further, Democratic House Senate is charged to rule based on the ica, we believe anyone is innocent until managers did not prove their case for evidence the House provides. proven guilty. However, House Demo- either of the two Articles of Impeach- This was designed this way for a very crats violated each of these ment. specific reason, a very practical reason. foundational precepts in using the im- The entire case for abuse of power is In the House, committees can inves- peachment process as a partisan polit- centered around the June 25, 2019, tigate these charges while the rest of ical weapon. phone call between President Trump the House continues to do their legisla- Throughout the course of the House and President Zelensky of Ukraine. tive work. Unfortunately, in the Sen- impeachment investigation, Democrats The Democrats allege President Trump ate, when Articles of Impeachment are repeatedly denied President Trump due only asked for help in investigating the brought and sent to the Senate, the process and the fundamental rights of Burisma situation for political gain. It Senate, by constitutional law, must the accused in America. Simply put, is clear now, after hearing all the testi- stop what it is doing, must open an im- what they did was not fair. They de- mony, that the primary motivation to peachment hearing, and while in a for- nied him the right to have counsel, the ask Zelensky to look into the Biden- mal impeachment hearing, the Senate right to have witnesses, the right to Burisma corruption issue was to root cannot do anything else by law. It goes cross-examine their witnesses, the out corruption in the Ukraine. Ukraine into legislative shutdown by law. right to see the evidence, and, lastly, has had a long history of corruption In this case, if we were to call addi- the right to face his accuser. and this President was well within his tional witnesses, then we would be set- Contrast that with the last two rights to ask for help in rooting out ting a dangerous precedent for every Presidents to face impeachment. The this fairly obvious example of corrup- future case. The House could theoreti- grand jury investigation of Clinton and tion. Democrats completely failed to cally make up any flimsy charge they the Watergate investigation of Nixon prove the President’s request was for wanted, with no investigation, no wit- were conducted in a fair manner, with political gain only. nesses, no testimony, no evidence rights for the accused. No action was Regarding the obstruction of Con- whatsoever, and then send the articles taken by the House of Representatives gress article, every President has the to the Senate and expect the Senate to until the facts were clear and indis- right to exert executive privilege to do their job. That is not what the putable in both of those trials. When protect our national interests and the Founders wrote. That is not what they these investigations were complete and separation of power. Honestly, this ar- had in mind. It would open up a pan- those two Presidents were found to ticle should have never been received dora’s box, shut the Senate down in- have committed a crime, impeachment in the Senate in the first place. We definitely, and you can see why the had bipartisan support, unlike this should have dismissed this article out Founders did not want to go down that time. of hand. It simply is absurd. road. That is now how they built this

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.034 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S835 process. For the sake of our very sys- ment that allege no crimes in an at- our Nation at a time when we need to tem of government, we cannot yield to tempt to remove a duly elected Presi- be working together. It was wrong, and this unconstitutional effort. dent of the United States from office. it has damaged our country. We now The House actually did call 17 wit- Never before have we seen such a par- need to fear for future Presidents, nesses. They sent over 193 videos and tisan Presidential impeachment proc- Democrats or Republicans, who will 28,000 pages of documents. Ultimately, ess. hold the oath of office in this newly a majority in this body concluded it In 1974, when President Nixon faced hyperpartisan era. was unnecessary to hear from any of impeachment—Nixon, a Republican— Importantly, for the first time in our those witnesses again. On top of that, 177 House Republicans joined Demo- Nation’s history, the Articles of Presi- the impeachment rules do not require crats in support of the impeachment dential Impeachment passed by NANCY the Senate to call witnesses. That is inquiry. During President Clinton’s im- PELOSI’s House accuse President the House’s job. It is just that simple. peachment—a Democrat—31 Democrats Trump of no crimes, let alone dem- Let’s be very clear. This entire im- joined House Republicans. But with onstrate the President’s actions war- peachment process has been a purely President Trump, there were zero. Not ranted removal from office. partisan political stunt perpetrated by one Republican supported it. In fact, This partisan and weak case from the House Democrats. It truly is an embar- there were some Democrats who op- House managers proves what this im- rassment and exactly what Alexander posed it. So, to be clear, there was ac- peachment has always been about—it Hamilton warned us all against. tually bipartisan opposition. is about purely partisan politics. This It is no secret—Democrats have been This impeachment is an unprece- impeachment has been nothing more trying to obstruct this President from dented, purely partisan threat to the than an attempt to overturn the 2016 day one. On the day President Trump Constitution. Our Founding Fathers, Presidential election and to severely was inaugurated, the headline of the the Framers of our great Constitution, impact the 2020 election. Washington Post—right here in town— understood what the power of impeach- By the way, if we were to convict the claimed ‘‘The Campaign to Impeach ment meant when they gave it to Con- President of either one of these arti- this President has Begun.’’ gress after great deliberation. cles, one or both, he literally would be House Democratic manager ADAM Alexander Hamilton and James Madi- removed not only from office but from SCHIFF, in his opening remarks, said son feared—they feared—congressional the 2020 ballot. you can’t trust elections. That is why abuse of power and legislative tyranny Speaking of the 2020 ballot, the 2020 we have impeachments. Really? Real- as they debated whether to include the election is already underway. Just yes- ly? That is absurd. power of impeachment in the Constitu- terday, Americans cast their votes in The President has done nothing to tion because the Founders knew the re- Iowa for President of the United warrant this impeachment process. He moval of a President from office States. In fact, last Friday, Montanans must be acquitted. If we let House amounted to a political death sentence. submitted signatures and filed the pa- In Federalist 65, Hamilton warns that Democrats get away with this today, perwork to place President Trump on the House could be ‘‘intemperate,’’ was we are setting a dangerous precedent the Montana ballot for the 2020 elec- the word he used, and abuse their ma- for the future. tion. jority. He proclaimed that the Senate Already, we are in an era of impeach- Sadly, it is no surprise that we are in would be—and I use his words— ment. In the first 180 years, we only this situation today. You see, the ‘‘unawed and uninfluenced,’’ the ‘‘inde- had one impeachment case that came Democrats have been obsessed with im- pendent’’ institution to determine to the Senate and was investigated in peaching President Trump since before whether a House impeachment was the House. In the last 45 years, we have he was even sworn into office. They warranted. had three investigated by the House, The Founders had the wisdom to es- could not accept the fact that Donald and two have actually made it to the tablish a two-thirds Senate vote Trump won the 2016 election. Senate. If we let Democrats improperly threshold to help ensure that removal On December 15, 2016, just 5 weeks use the impeachment process as a par- could not be achieved by mere partisan following the 2016 Presidential elec- tisan political weapon, then it will politics. The Founders established that tion, there was a headline from Vanity only get worse in the future. the thermonuclear option of impeach- Fair, and I quote it: ‘‘Democrats are I call on my colleagues today—I ment must be bipartisan to safeguard Paving the Way to Impeach Donald plead with my colleagues today—to re- not just the President from unwar- Trump.’’ ject this unconstitutional effort and ranted removal but, importantly, to On January 20—now, when I think of vote to acquit Donald J. Trump of protect the will of the American people January 20, 2017, I think about the day these illegitimate and unconstitutional who elected the President in the first the President was inaugurated, which Articles of Impeachment. place. it was—the Washington Post headline The PRESIDING OFFICER. The Sen- Unfortunately, NANCY PELOSI, ADAM read ‘‘The campaign to impeach Presi- ator from Montana. SCHIFF, and House Democrats have dent Trump has begun.’’ This article Mr. DAINES. Madam President, I rise done exactly what the Founding Fa- was posted 19 minutes—just 19 min- today in the very Chamber where just thers feared. They have ignored what utes—after President Trump was sworn three Presidential impeachment trials House manager and the chairman of into office. have been held over the course of our It gets worse. Ten days later, on Jan- the House Judiciary Committee, JERRY Nation’s history—President Johnson in uary 30, 2017, the attorney for the whis- NADLER, himself correctly observed 1868, President Clinton in 1999, and now during the 1998 Clinton impeachment tleblower who was talked about during President Trump. when he stated: the trial—the whistleblower’s attor- In fact, I sat at this desk the past 2 There must never be a narrowly voted im- ney, 10 days after President Trump was weeks listening to over 65 hours of trial peachment or an impeachment substantially inaugurated back in 2017, said this in a proceedings, and during that time, we supported by one of our major political par- tweet: ‘‘Coup has started. First of heard from 13 witnesses, and we viewed ties and largely opposed by the other. Such many steps. Rebellion. Impeachment 193 video clips and 28,000-plus pages of an impeachment would lack legitimacy. will follow immediately.’’ That was the documentation. Senators, over a 16- That was JERRY NADLER in 1998. attorney for the whistleblower who hour period, asked over 180 questions. Unfortunately, NANCY PELOSI’s House really started this entire impeachment In the Senate, we took our solemn duty of Representatives discarded NADLER’s process. seriously. very wise words, and they stubbornly We have even seen some House Demo- If there is one thing to be remem- defied historical precedent by rushing crats publicly state that the only way bered from this trial for generations to these Articles of Impeachment, driven to beat President Trump in the next come, it is this: Sadly, over the course by a Christmas deadline, on a purely election is to impeach him. of our country’s 244-year history, never partisan vote and sending it to the Our Founding Fathers would be has our Nation faced such a partisan Senate. grieved by the careless use of this most abuse of power. Never has the Senate The Democrats’ decision was a mis- powerful tool against the Presidency. been faced with Articles of Impeach- take, and it has only further divided Impeachment is not a tool to overturn

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.038 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S836 CONGRESSIONAL RECORD — SENATE February 4, 2020 the results of a past election. It is not Article II, section 4 of the Constitu- When George Mason and James Madi- a tool to change the outcome of an up- tion states: ‘‘The President, Vice Presi- son debated the specific language of coming election. dent and all civil Officers of the United the impeachment clause, Mason stated: You see, in America, the power of our States, shall be removed from Office on Why is the provision restrained to treason government doesn’t come from 100 Sen- Impeachment for, and Conviction of, and bribery only? Treason as defined in the ators in this body or a handful of law- Treason, Bribery, or other high Crimes Constitution will not reach many great and makers; our power is derived from the and Misdemeanors.’’ dangerous offences. Hastings is not guilty of people whom we serve. This grand During the debates at the Federal Treason. Attempts to subvert the Constitu- American experiment of our demo- Convention of 1787, James Madison, tion may not be Treason as above defined. cratic Republic is built upon the idea Alexander Hamilton, and others relied Mason then moved to add after brib- of a government of, by, and for the peo- heavily on Sir William Blackstone’s ery, ‘‘or maladministration,’’ to which ple. work, ‘‘Commentaries on the Law of Madison replied and I quote: ‘‘So vague Montanans elected me to represent England,’’ which Madison described as a term will be equivalent to a tenure them in the U.S. Senate, to be their ‘‘a book which is in every man’s hand.’’ during pleasure of the Senate.’’ voice on this floor and in Washington, Within his work, Blackstone dis- The Framers knew what they were DC. Montanans overwhelmingly oppose cussed ‘‘high misdemeanors,’’ which in- adopting when they chose ‘‘high crimes this impeachment. Montanans stand cluded many crimes against the King and misdemeanors.’’ They explicitly with President Trump. In fact, Presi- and government, including maladmin- rejected maladministration and other dent Trump won Montana by over 20 istration. According to Blackstone, vague terms in favor of more specific points in the 2016 election. Supporting maladministration applied to high offi- allegations, which had a limited and this impeachment means ignoring the cers in public trust and employment technical meaning. voices of Montanans who voted for and was punished by the method of par- In the first Article of Impeachment President Trump in the last election, liamentary impeachment. It is from before the Senate, the question is and it means silencing Montanans who this understanding that the Framers whether abuse of power as a charge on plan to vote for President Trump in the selected ‘‘high Crimes and Mis- its own is an impeachable offense. 2020 election. demeanors’’ for the impeachment The answer is no. Abuse of power Keep in mind—never before has the clause in our Constitution. does not have a limited meaning and is U.S. Senate ever removed a President The term ‘‘high Crimes and Mis- as vague as maladministration. The from office, and it is not going to hap- demeanors’’ had a limited and tech- Framers actually discussed abuse of pen now. nical meaning that was well known to power and rejected it. I am voting to acquit President Don- the Framers. It was a term of art. As At the Virginia ratifying convention, ald J. Trump. early as 14th century England, high James Iredell, one of the first Supreme For the good of our country, let it be crimes and misdemeanors were a cat- Court Justices, stated: seared in our minds forevermore: Im- egory of political crimes against the No power of any kind or degree can be peachment must never ever again be State and were tried in parliamentary given but what may be abused; we have, used as a partisan weapon. impeachments. It should be understood therefore, only to consider whether any par- I encourage my colleagues on both that the word ‘‘high’’ in high crimes ticular power is absolutely necessary. If it sides of the aisle to fully understand be, the power must be given, and we must and misdemeanors is a modifying ad- run the risk of abuse. the magnitude of what this would jective and also applies to the word mean for our country. This is the first ‘‘misdemeanors.’’ In the first Article of Impeachment, purely partisan impeachment in our ‘‘High misdemeanors’’ was applied in the House has claimed that the abuse Nation’s history, and it must be our impeachment proceedings conducted of power is within the scope of high last. It should be up to the American by Parliament long before there was crimes and misdemeanors. I believe the people to decide who their next Presi- such a crime as a misdemeanor as we Founding Fathers saw abuse of power dent is, not the U.S. Senate. know it today. Misdemeanors alone re- as an inherent risk within the delega- The answer is an election, not im- ferred to criminal sanctions for private tion of that authority. The Framers peachment. wrongs. High crimes and misdemeanors did not intend impeachment pro- I yield the floor. were charged against officers of the ceedings to be brought every time an The PRESIDING OFFICER. The Sen- ‘‘highest rank and favor with the abuse of power is alleged. ator from South Dakota. crown’’ or who were in ‘‘judicial or ex- In the second Article of Impeach- Mr. ROUNDS. Madam President, ecutive offices’’ and, because of their ment, the House alleges the President today, I rise to discuss the decision on stations, were unindictable by ordinary obstructed Congress when he refused to whether to remove the President from rules of justice. comply with congressional subpoenas. office based on the Articles of Impeach- For those individuals who were not The President rejected the legitimacy ment sent to us by the House of Rep- indictable by the ordinary rules of jus- of those subpoenas. The House then resentatives. tice, the Founding Fathers, in their failed to pursue redress through the Our Founding Fathers included im- subtle brilliance, sought to have some- courts, rejecting the court’s rightful peachment—effectively overturning thing akin to crimes and misdemeanors role in settling disputes between the the will of the American electorate—to that allowed them to impeach for great two branches of government. be used only as a last resort. They and dangerous crimes committed The separation of powers doctrine trusted the Senate, requiring more sol- against the State. recognized executive privilege as a law- emn judgment than their counterparts As we know, the Founding Fathers ful exercise for the President to protect in the House, to decide whether an alle- specifically adopted the phrase ‘‘high both Presidential and deliberative gation by the House has the substan- crimes and misdemeanors.’’ The em- process communications. The House tiality to require removal from office. phasis on high misdemeanors is impor- showed a deliberate disregard for the According to ‘‘Commentaries on the tant in this context because the House proper role of the judicial branch and Constitution’’ by Joseph Story, the of Representatives has not alleged now expects the Senate to gather evi- Framers saw the Senate as a tribunal treason, and they have not alleged dence after they have already im- ‘‘removed from popular power and pas- bribery. Their case rests on whether peached. sions . . . and from the more dangerous the articles charged are the types of Alleging an obstruction of Congress influence of mere party spirit,’’ guided high crimes and high misdemeanors in- charge before the House exhausted its by ‘‘a deep responsibility to future tended by our Framers. remedy for judicial relief would change times.’’ In defining high misdemeanors, the balance of power between our co- This impeachment process, driven by Blackstone stated that ‘‘the first and equal branches of government and ig- partisan desire, was rushed and lacked principal is the mal-administration of nore the rightful place the courts hold any proper form and substance. This is such high officers.’’ However, the in arbitrating differences between the an attempt by the House to undo the Founding Fathers specifically chose executive and legislative branches. results of the 2016 election and impact not to include maladministration as a No branch of government is above the 2020 election. basis for impeachment. the Constitution. We are obligated

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.039 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S837 under oath of office to support and de- hand.’’ 3 The Debates in the Several State 12. Upon the founding of the Senate, James fend it. Conventions on the Adoption of the Federal Madison explained that the Senate would be Article I, sections 2 and 3 of the Con- Constitution, at 501 (Jonathan Elliot 2nd ed. a ‘‘necessary fence’’ against the ‘‘fickleness stitution state ‘‘the House shall have 1987). and passion’’ that tended to influence the at- 3. According to Blackstone, maladmin- titudes of the general public and members of the sole Power of Impeachment,’’ and istration applied to high officers in public the House of Representatives. George Wash- ‘‘[t]he Senate shall have the sole Power trust and employment and was punished by ington is said to have told Thomas Jefferson to try all Impeachments.’’ The Fram- the method of parliamentary impeachment. that the framers had created the Senate to ers intentionally separated these au- 4 William Blackstone, Commentaries on the ‘cool’ House legislation, just as a saucer was thorities. Laws of England, *122. used to cool hot tea. U.S. Senate, ‘‘Senate The Senate does not have the author- 4. The term ‘‘high crimes and mis- Created,’’ at http://www.senate.gov/ ity to impeach; however, the Senate demeanors’’ had a limited and technical artandhistory/history/minute/Sen- meaning that was well-known to the fram- _ does have the authority to judge the ate Created.htm (January 3, 2020). ers. Raoul Berger, Impeachment: The Con- Mr. ROUNDS. I yield the floor. sufficiency of articles presented to it. stitutional Problems 74 (1973). The Senate, as a trier of facts, should 5. ‘‘High misdemeanors’’ was applied in im- The PRESIDING OFFICER. The Sen- not overstep its role. It is the House’s peachment proceedings conducted by par- ator from New Hampshire. responsibility to bring the evidence to liament long before there was such a crime Mrs. SHAHEEN. Madam President, I make their case, not simply make an as a ‘misdemeanor’ as we know it today. 4 come to the floor this afternoon to ex- Blackstone at *121. press my profound disappointment. allegation. 6. ‘‘High misdemeanors’’ was applied in im- This does not mean that the Senate This is a sad moment in our Nation’s peachment proceedings conducted by par- history. I, like all of us in the Senate, cannot call witnesses, but it most cer- liament long before there was such a crime tainly should not be the Senate’s obli- as a ‘misdemeanor’ as we know it today. Mis- came to this body to try and make a gation to do so because the House demeanors alone referred to criminal sanc- difference for our constituents, to ad- failed to do so in the first place. tions for private wrongs. Berger at 61. dress the kitchen table issues that af- Upon the founding of the Senate, 7. High crimes and misdemeanors were fect their everyday lives—lowering pre- James Madison explained that the Sen- charged against officers of the ‘‘highest rank scription drug costs, rebuilding our and favor with the crown’’ or who were in ate would be a ‘‘necessary fence’’ crumbling infrastructure, making col- ‘‘judicial or executive offices’’ and because of lege more affordable, protecting our against the ‘‘fickleness and passion’’ their stations, were un-indictable by ordi- that tended to influence the attitudes nary rules of justice. Berger at 60; See also environment, helping our veterans, of the general public and Members of id. ‘‘The House of Lords was reminded of this supporting our small businesses—so the House of Representatives. history by Serjeant Pengelly during the im- many of the things that I and others George Washington is said to have peachment of Lord Chancellor Macclesfield here have worked on. told Thomas Jefferson that the Fram- in 1725: your lordships are now exercising a Critics have argued that the im- ers had created the Senate to ‘‘cool’’ power of judicature reserved in the original peachment process is nothing more frame of the English constitution for the House legislation, just as a saucer was than a political attack orchestrated by punishment of offenses of a public nature, those who have wanted to remove this used to cool hot tea. For impeachment, which may affect the nation; as well in in- there can be no difference. stances where the inferior courts have no President since his election. I flatly re- When the House is ignited by par- power to punish the crimes committed by or- ject that argument. tisan passions, eager to reach a desired dinary rules of justice; as in cases within the I have repeatedly expressed my reluc- result, the Senate must be cool and jurisdiction of the courts of Westminster tance to the use of impeachment. Un- firm in its heightened review. In recog- Hall, where the person offending is by his de- fortunately, it is this President’s dis- nizing the haste and half-hearted at- gree, raised above the apprehension of dan- turbing actions that have put us in this tempt by our colleagues in the House, ger, from a prosecution carried on in the position. usual course of justice; and whose exalted the Senate must also recognize these President Trump went to great station requires the united accusation of all lengths to try and force the Ukrainian Articles of Impeachment to be wholly the Commons.’’ insufficient and not warranting a re- 8. In defining high misdemeanors, Black- President to help smear Joe Biden, his moval from office. stone stated ‘‘. . . the first and principal is political rival. This scheme included Let this decision lie in its rightful the mal-administration of such high officers withholding military aid and with- place, with the electorate. The Senate . . .’’ 4 Blackstone at *122. holding a meeting at the White House 9. When George Mason and James Madison with the Ukrainian President. has conducted a fair, impartial trial. debated the specific language of the im- We did our due diligence and fulfilled Each of us here took an oath to sup- peachment clause, Mason stated: ‘‘Why is port and defend the Constitution. The our constitutional duty. Now it is time the provision restrained to treason and brib- to bring this process to a close and get ery only? Treason as defined in the Constitu- Constitution requires us to do this job. on with the business of the American tion will not reach many great and dan- It tells us that the Senate shall have people who sent us here. gerous offences. Hastings is not guilty of ‘‘the sole Power to try all Impeach- I will vote against the Articles of Im- Treason. Attempts to subvert the Constitu- ments.’’ After the power to declare peachment, in keeping with the con- tion may not be Treason as above defined.’’ war, the power to impeach is among stitutional intent our Framers ex- 2 The Records of the Federal Convention at the most serious and consequential 499. See also id: The impeachment of Warren pected. powers granted to Congress by our Hastings was a failed attempt between 1788 founding document. Madam President, I ask unanimous and 1795 to impeach the first Governor-Gen- consent that citations to my remarks eral of Bengal in the Parliament of Great When we all stood here at the begin- be printed in the RECORD. Britain. Hastings was accused of misconduct ning of this trial, we took an oath to do There being no objection, the mate- during his time in Calcutta particularly re- ‘‘impartial justice.’’ That should mean rial was ordered to be printed in the lating to mismanagement and corruption. a commitment to seek all of the facts. 10. Mason then moved to add after bribery, RECORD, as follows: A fair trial means documents and wit- ‘‘or maladministration,’’ to which Madison CITATIONS nesses, facts that will help us better replied, ‘‘So vague a term will be equivalent understand the truth. 1. According to Commentaries on the Con- to a tenure during pleasure of the Senate.’’ 2 stitution by Joseph Story, the Framers saw The Records of the Federal Convention at Previous Senates understood this. In the Senate as a tribunal ‘‘removed from pop- 499. fact, every Senate impeachment trial ular power and passions . . . and from the 11. At the Virginia ratifying convention, in history included witnesses. Most re- more dangerous influence of mere party spir- James Iredall, one of the first Justices of the cently, in the Judge Porteous impeach- it,’’ guided by ‘‘a deep responsibility to fu- Supreme Court, stated: ‘‘No power of any ment trial in 2010, when I was one of ture times.’’ 2 Joseph Story, Commentaries kind or degree can be given but what may be the Senators who served on that im- on the Constitution § 743 (1833). abused; we have, therefore, only to consider peachment committee, we heard from 2. During the debates of the Federal Con- whether any particular power is absolutely 26 witnesses, 17 of whom had not testi- vention of 1787, James Madison, Alexander necessary. If it be, the power must be given, Hamilton and others relied heavily on Sir and we must run the risk of abuse.’’ 4 The fied before in the House. We believed William Blackstone’s work, Commentaries Debates in the Several State Conventions on then that Senate witnesses were impor- on the Laws of England, which Madison de- the Adoption of the Federal Constitution, at tant for impeachment of a Federal dis- scribed as ‘‘a book which is in every man’s 95 (Jonathan Elliot 2nd ed. 1987). trict court judge. So why wouldn’t we

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.041 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S838 CONGRESSIONAL RECORD — SENATE February 4, 2020 want witnesses in something as impor- We know that Russia has serious de- investigations into executive branch tant as an impeachment of a sitting signs on Eastern Europe. They are abuses, then the congressional power of President? looking at ways to influence European impeachment is meaningless. We know that documents exist that countries—former Soviet republics As a Senator, I never imagined I could help shed more light on this case. where they think they can make in- would have to participate in an im- We also know of other witnesses with roads—and Ukraine is standing at the peachment trial of a sitting President. additional firsthand information whom wall between Eastern Europe and Rus- These proceedings cause strain and di- we have yet to hear from. We have one sia. vision not just here in Congress but witness, in particular—former National I also joined the bipartisan leader- across the country. I would much pre- Security Advisor John Bolton, who has ship of the Ukraine Caucus in writing a fer that Congress be engaged in the told the world he has relevant informa- letter expressing deep concerns over re- critical bipartisan work that is needed tion and he is willing to testify. ports that aid to Ukraine was being on important issues, things that can Yet, despite all of that, the Senate, held up. This September 2019 letter improve lives across this country and on a partisan vote, refused to listen to clearly stated that the administra- move our Nation forward. I hope that Ambassador Bolton or any other wit- tion’s hold on assistance would do last- this body will move on from this dis- nesses. Members of this institution ing damage to the Ukrainian military appointing day and will get back to the have willfully turned their back on im- and would undo the progress made by business of the country. portant, relevant, firsthand informa- Ukraine to defend itself. That was a bi- I yield the floor. tion. partisan letter. I suggest the absence of a quorum. On the Articles of Impeachment be- Putting our national security at risk The PRESIDING OFFICER (Mrs. fore us, I have listened to the extensive in order to secure personal political fa- BLACKBURN). The clerk will call the arguments from both the House man- vors is an unacceptable abuse of power, roll. The senior assistant legislative clerk agers and the defense counsel for the and that is why we are here today. In proceeded to call the roll. President. I believe the evidence clear- response to the overwhelming evidence ly shows that the President abused his Mrs. FEINSTEIN. Madam President, presented by the House managers, the I ask unanimous consent that the order power—which has been acknowledged President’s counsels failed to refute by several Republican Senators—and for the quorum call be rescinded. these serious allegations. Their argu- The PRESIDING OFFICER. Without he obstructed Congress, which is why I ments that President Trump was fo- will be supporting both Articles of Im- objection, it is so ordered. cused only on the national interest are Mrs. FEINSTEIN. Madam President, peachment. not supported by the facts. The Presi- On the first Article of Impeachment, the decision to remove a President at dent has never demonstrated an inter- it is my strong view that the House any point in their term—particularly 9 est in rooting out corruption in managers have proved that President months before an election—is not Ukraine and has a troubling pattern of Trump withheld military aid and a something we should take lightly. Im- personally seeking political dirt from White House meeting from the Govern- peachment should not be a tool that foreign governments. I worry that this ment of Ukraine to further his own po- Congress uses to settle policy or per- behavior will continue. litical interests in the upcoming Presi- sonal disagreement. Instead, it should The 2020 election is 9 months away, dential election and to damage the only be used if a President engages in and the President continues to suggest candidacy of his opponent. The evi- misconduct so egregious that their that he would consider receiving polit- dence presented to the Senate was conviction and removal is necessary ical help from foreign governments. overwhelming. and in the Nation’s best interest. Further supporting the House man- Just recently, the President suggested Alexander Hamilton wrote in Fed- agers’ case, the independent Govern- that China should also investigate the eralist 65 that the Founders chose the ment Accountability Office, the GAO, Bidens. Senate as ‘‘the most fit depositary of Now, with respect to the second arti- concluded that the withholding of mili- this important trust’’ to make such a cle dealing with obstruction of justice, tary aid to Ukraine was improper and weighty decision. They actually had the House managers have also pre- illegal under the law. The nature of the faith that this body could rise above President’s offenses outlined in the ar- sented overwhelming evidence that pure partisanship to conduct a fair ticles strike at the very heart of our President Trump obstructed the inves- trial and reach a just verdict. democratic system. tigation into his conduct toward In this case, however, we could not Our Founding Fathers were very con- Ukraine. The President has repeatedly reach bipartisan agreement—not even cerned about both foreign interference denied the House of Representatives’ on how to conduct the trial. It is a fact in our democracy and the executive constitutional authority to conduct an that, for the first time in this Nation’s abusing the powers of the office for impeachment inquiry. The President history, the Senate will render a ver- electoral gain. James Madison warned ordered Federal agencies and officials dict in an impeachment hearing with- of a President who ‘‘might betray his to ignore all requests for documents out hearing from a single witness and trust to foreign powers.’’ and all subpoenas. Those agencies without reviewing key documents that George Washington, in his Farewell obeyed the President’s order, and not a have been withheld by the executive Address, warned us all ‘‘to be con- single document was turned over to the branch. stantly awake, since history and expe- House. In total, nine witnesses called As recently as last Friday, OMB ad- rience prove that foreign influence is by the House followed President mitted it continues to withhold key one of the most baneful foes of repub- Trump’s order and refused to testify documents. Let me provide an exam- lican government.’’ under subpoena in the impeachment ple. In a court filing, an OMB lawyer As a Senator who sits on the Armed proceedings. This is an unprecedented wrote that 24 White House emails were Services and Foreign Relations Com- attempt to thwart Congress’s constitu- being withheld because they ‘‘reflect mittees, I am keenly aware of the seri- tional authority to exercise the im- communications’’ by the President, ous national security interests that are peachment power. Even President Vice President, or top advisers on the at stake here. This body, the Senate, Nixon instructed his White House staff ‘‘scope, duration, and purpose of the has been deeply supportive of an inde- to voluntarily appear before Congress hold on military assistance to pendent Ukraine and a strong U.S.- and to testify under oath. Ukraine.’’ Ukraine relationship. I join with Sen- Despite the administration’s Proceeding without such vital evi- ators from both sides of the aisle in stonewalling, many courageous offi- dence is a real mistake. I came to this support of providing lethal assistance cials did come forward to testify at trial with an open mind, to listen to to help Ukraine better defend itself great personal and professional ex- the case presented by both sides and from Russian aggression. We continue pense. I want to thank those who testi- then to make a determination based on to do so because it is in our direct na- fied. Their bravery and commitment to the facts. After hearing the House tional security interest to support our the truth should be commended. But if managers’ case, it is clear that Presi- partner in the midst of an active war the President is allowed to completely dent Trump withheld U.S. aid in an ef- with Russia, our adversary. stonewall congressional impeachment fort to obtain Ukraine’s assistance to

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.042 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S839 win reelection by asking that Ukraine administration to withhold all docu- age their office for personal political launch and make public an investiga- ments and ordered executive branch gain. We will be inviting more foreign tion into Joe Biden, Mr. Trump’s polit- witnesses not to testify before the interference into our elections and say- ical opponent. House began its inquiry. The Presi- ing it is acceptable to use the Presi- The President’s legal team tried to dent’s legal team countered that he has dency to solicit that assistance. His de- argue that this didn’t happen, but a right to defy congressional subpoenas fense counsel admitted as much. without seeing key documents and as a matter of executive privilege, but And we will be accepting the Presi- hearing from key fact witnesses such there is no precedent for their sweeping dent’s extreme view that article II of as John Bolton and Mick Mulvaney, claim of absolute immunity from con- the Constitution gives him the right to top advisers with firsthand knowledge gressional oversight, particularly in do whatever he wants. of the President’s conduct and motives, the context of impeachment pro- I am convinced this is a rare instance their arguments were not persuasive. ceedings. where this Senate has no choice but to So, after weighing the evidence avail- President Trump has taken the posi- vote to convict and remove this Presi- able to us and considering the Presi- tion that there are no checks on his dent. I reach this conclusion reluc- dent’s pattern of similar misconduct, I Presidential authority, effectively tantly and with deep concern but with will vote yes on the Articles of Im- placing himself above the law, and I the belief that this action is necessary peachment. don’t believe the Senate can let this and cannot and should not be ignored. The House presented a compelling stand. Unfortunately, the President’s I yield the floor. factual case. Congress appropriated actions are not isolated incidents. Both The PRESIDING OFFICER. The Sen- nearly $400 million in foreign aid to Articles of Impeachment point to this. ator from Virginia is recognized. Ukraine, an ally engaged in a war with The articles note: ‘‘These actions were Mr. WARNER. Madam President, be- a major power, Russia. It was signed consistent with President Trump’s pre- fore I get started on my comments, I into law by President Trump, who vious invitations of foreign inter- want to commend my colleague from knew what he was signing and what it ference in U.S. elections’’ and with California, who has served in this body entailed. President Trump also knew ‘‘previous efforts to undermine United with great distinction for a long time, that Ukraine desperately needed the States Government investigations into who was present during the preceding aid and America’s partnership in its ef- foreign interference in United States impeachment proceedings under Presi- forts against the huge power, Russia. elections.’’ dent Clinton, and who, time and He used that vulnerability to his ad- During the 2016 campaign, President again—and I have had the honor of fol- vantage. He privately demanded that, Trump welcomed Russia’s assistance to lowing in her shoes on the Intelligence in exchange for U.S. aid and a White defeat his opponent, Hillary Clinton. Committee—has always been a voice House meeting for Ukraine’s newly The Mueller report detailed exactly who stood up for what is right, for elected President, Ukraine’s leaders how the Trump campaign sought to what is correct, oftentimes what may work with Russia to improve his elec- had to publicly announce an investiga- not be politically expedient but what toral chances, including providing in- tion that would damage his political she thinks is right and appropriate. rival, Vice President Joe Biden. The ternal campaign polling data to a Rus- It is with great honor that I follow sian operative, inviting Russia to hack President relayed those same demands her as I make my statement as well on Hillary Clinton after Russia had al- to senior Ukrainian officials through this most serious of matters, the im- ready successfully hacked the Demo- both private and official government peachment of Donald J. Trump. So I cratic National Committee, and ob- channels. This was a clear quid pro thank my friend, the senior Senator taining information about upcoming quo, and it is at the heart of the argu- from California, for her comments. releases of emails stolen by Russian ment in the first Article of Impeach- Mrs. FEINSTEIN. I thank Mr. WAR- agents and weaponizing these stolen ment: abuse of power. NER. documents to harm Hillary Clinton. President Trump took this action to Mr. WARNER. I will echo many of When this conduct came under ques- benefit himself personally and not for her thoughts. tion, President Trump obstructed the the good of the Nation. He violated the Madam President, I want to begin my investigation. Special Counsel Mueller remarks the way we began this trial: law by withholding appropriated funds catalogued not 1 or 2 but 10 clear in- with the oath we each took to do im- in order to benefit himself and not our stances where President Trump sought country. President Trump did not to interfere in this investigation. This partial justice. Now, any other day, we withhold these funds because of con- isn’t my view. This isn’t anyone else’s walk into this Chamber as Republicans cern about corruption generally. In- view; it is a catalogue of a group of and Democrats, but in this trial we stead, he demanded just two specific legal professionals indicating 10 clear have a much greater responsibility. investigations—Burisma and Biden— instances where Trump sought to The allegations against this Presi- both intended to help him win reelec- interfere in the investigation. dent are grave. The House managers tion in 2020. This egregious pattern of soliciting presented a compelling case, based on After hearing the House managers’ foreign interference and blocking any the testimony of more than a dozen presentation, I think we have got to effort to investigate continues to this witnesses. And the remarkable thing really ask ourselves, How can this day. As recently as October, while the about the dozen witnesses that we saw President deal with any foreign nation House impeachment inquiry was going clips of: all of these witnesses were ei- after compromising himself in such a on, President Trump stood on the ther appointees—political appointees— fashion? How can he be trusted to en- White House lawn and asked China to of President Trump or career public sure that American elections are free investigate the Biden family. servants. The fact that these dozen- from foreign interference? Other coun- This trial must do impartial justice plus witnesses had the courage to tries are watching. After the President as is required by the oath we all took. speak truth to power when they knew compromised himself this way with After listening to the arguments of that their careers, their reputations Ukraine, what is to keep them, or any both sides, it is clear the House man- would be sullied in many ways speaks other country, from seeking benefits agers have proven their case. The volumes. from the President in exchange for po- President’s conduct with respect to Their testimony and the House man- litical or personal assistance? So, if the Ukraine has mirrored other parts of his agers’ case presents a clear fact pat- Senate refuses to correct this prece- Presidency, and it is all about what is tern, a fact pattern that even many of dent now, the door to foreign political best for President Trump. If we vote to my Republican colleagues acknowledge influence in our elections will be acquit and allow President Trump’s be- is true. opened. havior, we will set a dangerous prece- This evidence reflects a corrupt The House managers also presented a dent, one that has the strong possi- scheme to solicit foreign interference strong case on the second Article of bility of inflicting lasting damage on in support of this President’s reelec- Impeachment: obstruction of Congress. our country. tion. The President both unlawfully Here, the facts themselves are not in We will be saying that any President, withheld aid to an ally at war with dispute. President Trump ordered his Republican or Democratic, can lever- Russia and he withheld a White House

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.044 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S840 CONGRESSIONAL RECORD — SENATE February 4, 2020 meeting that would have strengthened ference is not a crime; that even call- green light to foreign adversaries and our relationship with a democratically ing witnesses to seek the truth about future Presidents that this kind of be- elected leader of Ukraine, a leader who the President’s actions and motiva- havior is OK. I will vote to convict the was trying to prevent further Russian tions might somehow endanger the Re- President because it is the Senate’s occupation of his country. public. And then when Professor constitutional responsibility to uphold The President used these powerful Dershowitz made his bizarre argument this bedrock American principle that tools of American foreign policy as le- that abusing Presidential power to aid no one is above the law, not even the verage—not leverage to further ad- your reelection cannot be impeachable President, and especially not the Presi- vance America’s national interests but if you believe your own election to be dent. leverage to secure investigations into a in the national interest, I paid close at- I yield the floor. political opponent. He also used these tention. Frankly, I paid closer atten- The PRESIDING OFFICER. The Sen- as an opportunity to try to expound on tion to what Professor Dershowitz said ator from Montana. the so-called CrowdStrike conspiracy in this Chamber than I paid when I was Mr. TESTER. Madam President, I am theory, a notion that has been repeat- in his class back in 1977. But you don’t going to read a statement and then I edly debunked by Mr. Trump’s own law need a Harvard Law School degree to am going to go back through the infor- enforcement and intelligence agencies; understand what utter nonsense that mation that I used to make the deci- a theory that somehow it was Ukraine, argument is and where it could take us sion to be able to write this statement. not Russia, that attacked our democ- if we followed it to its logical conclu- Montanans sent me to the U.S. Sen- racy in 2016. It is a theory, by the way, sion. ate to hold government accountable. I that currently has been and continues The Framers wrote impeachment fought to allow this trial to include to be promoted by the Russian spy into the Constitution precisely because documents and testimony from wit- services. they were worried about the abuse of nesses with firsthand knowledge of the Since this information came to light, Presidential power. And if an abuse of allegations against the President, re- the President has attempted to con- power is what the Framers had in mind gardless of whether they were incrimi- found the House of Representatives’ when they crafted impeachment, then, nating or exculpatory, so that the Sen- constitutional role in the impeachment the two questions remaining in our de- ate could make its decision based on process. The White House issued a liberations are simple: Did President the best information available. blanket refusal to provide any wit- Trump abuse his power and should he Unfortunately, my Republican col- nesses or documents without any his- be removed from office? leagues and the administration blocked torical precedent or sound legal argu- The House managers have presented this information, robbing the American ment to support this position. For this a compelling case that the President people of their legitimate right to hold reason, President Trump is also did pressure Ukraine to announce po- their elected officials accountable. charged with obstruction of Congress. litically motivated investigations. Based on the evidence that was avail- Frankly, I understand some of the Again, a number of my Republican col- able to me during this trial, I believe points the President’s defense team has leagues have acknowledged these facts, President Trump abused his power by raised concerning this second Article of acknowledged that what the President withholding military aid from an ally Impeachment. There are legitimate did was wrong. And, frankly, it is clear for personal political gain, and that he questions to consider about executive why he did it. Does anyone here hon- obstructed legitimate oversight by a privilege and separation of powers, but estly believe that Donald Trump want- coequal branch of government. we cannot accept the absolute immu- ed an investigation into the Bidens for It is a sad day for this country and nity argument this White House has in- any other reason than to damage Joe for all Americans who believe that no vented. This absolute stance and the Biden politically and, therefore, aid in one—not even the President of the evidence we have seen about the Presi- his own reelection? Time and again, United States—is above the law. dent’s corrupt actions and intentions this President has shown a willingness So how did I get to this point? Well, do not reflect a principled, good-faith to attack anyone who stands in his just a little over 2 weeks ago, we came defense of executive privilege. Rather, way. And on this he is ecumenical—Re- into this Chamber and we started hear- it suggests an effort to deny Congress publicans, Democrats, members of his ing testimony. That testimony re- the constitutional authority to inves- staff, Members of this body. Nobody is sulted in these two notebooks full of tigate Presidential wrongdoing and, ul- off limits. There is nothing out of char- notes, because, quite frankly, the timately, to prevent exposure of the acter about this President using every House managers laid out a compelling President’s conduct. available tool to damage an opponent case. The defense made their argu- In reviewing this evidence, I have regardless of their political party. ments, but the case of the House was tried to stick to my oath of impar- I don’t find fault for the President in incredibly compelling. tiality. I have tried to keep an open his unorthodox style. That is not an An impeachment is a solemn time. It mind about what witnesses like John impeachable offense. The long list of is not something we should be taking Bolton and Mick Mulvaney—people things I disagree with this President on without the deepest and most serious who were in the room with the Presi- are not impeachable offenses either. consideration. I compare it to a vote to dent—could tell us. If anyone can pro- But the Constitution draws a line that send our people to war. But in this par- vide new information that further ex- is much clearer than the President’s ticular case, there was very little plains the President’s actions, it is lawyers have tried to argue. The Presi- transparency, and none, if the Presi- they. But I don’t see how the White dent crossed it. He abused his power. dent would have had it his way, of in- House’s desperate efforts to block wit- He commandeered America’s foreign formation coming to this body during nesses is anything but an admission policy, not to advance America’s inter- this trial. This, in fact, is the shortest that what they would say under oath est but to advance Donald Trump’s po- impeachment trial of a President ever. would not be good for this President. litical interest. And despite his efforts If we are going to have information to And I am deeply disappointed that the to cover it up, he got caught. make good decisions—and I always said Senate could not achieve the majority Now, each one of us must vote guilty if you have good information, you can necessary for a full, fair trial. Con- or not guilty. I will vote to convict the make good decisions—then, the Presi- sequently, the defense of the President President because I swore an oath to do dent really needed to open up and co- that we are left with is thin, legalistic, impartial justice and the evidence operate just a little bit. and, frankly, cynical. proves the charges against him are This is the first time ever that we Instead of disputing the core facts, true. There must be consequences for had a trial with no witnesses and no which are damning on their own terms, abusing the power of the Presidency to documents—a trial in the Senate with the President’s lawyers have resorted solicit foreign interference in our elec- no information from the executive to remarkable legal gymnastics. The tions. branch. And I get it. I get ‘‘executive notion that even if the President did If the Senate fails to hold him ac- privilege,’’ and I think there are times what he is accused of, abuse of power is countable, we will be setting a dan- when executive privilege has to be used not impeachable; that foreign inter- gerous precedent. We will be giving the because the information is sensitive.

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.045 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S841 But I have to tell you that the Wil- tant to this country. And I can tell you creasingly acrimonious partisanship liams letter is a prime example. I went that when the President first got into facing our Nation. The Founders down to the SCIF. I read it. I have to office and he got in a fight with the warned against excessive partisanship, tell you something. If there is some- Prime Minister of Australia and the fearing that it would lead to ‘‘insta- thing in there that needs to be classi- Prime Minister of Sweden and got in a bility, injustice, and confusion,’’ ulti- fied, you have me. The information in fight with the Prime Minister of the mately posing a mortal threat to our that letter was information that I best friend the United States has, Can- free government. knew before I went in the SCIF. It is ada, I was critical of the President. To protect against this, the Founders the same with many of the emails—if When the President pushed back on constructed an elaborate system of not all of the emails—that the Presi- NATO and embraced every dictator in checks and balances to prevent ‘‘fac- dent has requested to be classified and the world, from Putin, to Erdogan, to tions’’ from sacrificing ‘‘both the pub- kept away from this body and kept Xi, to Kim Jong Un, yes, I was critical lic good and the rights of other citi- away from the press. of the President. When the President zens.’’ Impeachment is part of that That is not the way this democracy pulled troops out of northern Syria and elaborate system. The Founders set a should work. It should be open. If left our allies the Kurds on the field very high bar for its use, requiring that things are done, the people should be alone, I was critical of the President. the President may only be removed by allowed to know. When the President did his trade wars a two-thirds vote of the Senate. There are moments in time when that put American family farmers and The Framers recognized that in re- documents have to be classified on sen- Main Street businesses at risk of clo- moving a sitting President, we would sitive information, but I am here to sure, I was critical of the President. be acting against not only the office- tell you I have seen none of that. I And we should be. That had nothing to holder but also the voters who en- think many of the FOIA requests that do with the impeachment, but it abso- trusted him with that position. Thus, have been brought forth show heavily lutely has everything to do with your the Senate must consider whether mis- redacted email messages, and then freedom of speech. conduct occurred, its nature, and the when we find out what was really in Today—tomorrow, I should say—we traumatic and disruptive impact that them, there was no need for that redac- are going to vote on whether to convict removing a duly elected President tion. or acquit the President on taking tax- would have on our Nation. So when it comes to the obstruction payer dollars and withholding them In the trial of President Clinton, I ar- of Congress, the article II impeach- from an ally that is at war with an ad- gued that in order to convict, ‘‘we ment, I don’t think there is any doubt versary for his own personal and polit- must conclude from the evidence pre- that the President obstructed our abil- ical good, and we are going to vote on sented to us with no room for doubt ity—the Senate of the United States— whether to convict a President of with- that our Constitution will be injured to do its job as a coequal branch to holding information from the entire and our democracy suffer should the make sure that the executive branch is executive branch. And the only ones President remain in office one moment being honest and forthright. who testified were those patriotic more.’’ The House managers adopted a Let’s talk about the abuse of power. Americans who defied his order. We are similar threshold when they argued There is a lot of information that was going to vote whether he obstructed that President Trump’s conduct is so brought forth during this trial about Congress. This is a no-brainer. He abso- dangerous that he ‘‘must not remain in what the President did. It has been lutely, unequivocally is guilty of both power one moment longer.’’ stated many times on this floor over article I and article II of the impeach- The point is, impeachment of a Presi- the last nearly 3 weeks. The fact of the ment. dent should be reserved for conduct matter is, there is little doubt that the So the question is this: If it goes as that poses such a serious threat to our President withheld the aid to an ally predicted tomorrow and the President governmental institutions as to war- for the purpose of creating a position gets acquitted, where do we go from rant the extreme step of immediate re- where they had to do an investigation here? I am very concerned about where moval from office. I voted to acquit if they were going to get that money, we go from here because the next President Clinton, even though the or at least announce that investigation President will use this precedent to not House managers proved to my satisfac- give any information to a coequal on a U.S. citizen who happened to be a tion that he did commit a crime, be- branch of government when we ques- political foe, to corrupt our next elec- cause his conduct did not meet that tion them. The next President will use tion. threshold. There is no doubt about that. Many this as, geez, if it is good for me and I will now discuss each of the arti- my election, it is good for the country, of the folks who are not going to vote cles. for impeachment have already said as Dershowitz said. So, Katy, bar the In its first Article of Impeachment that the President has wrongdoing, but door. against President Trump, the House as- As Chairman SCHIFF said yesterday, it is not an impeachable offense. And I serts that the President abused the if you think this President is going to am here to tell you, if anybody in this power of his Presidency. While there stop doing these actions, you are living country—especially the President of are gaps in the record, some key facts on a different planet than I am living the United States—corrupts an elec- on. This will empower him to do any- are not disputed. tion and that is not an impeachable of- It is clear from the July 25, 2019, thing he wants. fense for the President of the United At some point in time—if we want to phone call between President Trump States, I don’t know what is. Fair elec- listen to what the Framers said—at and Ukrainian President Zelensky that tions are a foundational issue for this some point in time, we are going to the investigation into the Bidens’ ac- country, and to corrupt our elections is have to do our constitutional duty. It tivities requested by President Trump something that we need to hold people doesn’t appear we are going to do it was improper and demonstrated very accountable for if they have done it. this time. poor judgment. And I will tell you that the prosecution I yield the floor. There is conflicting evidence in the proved that point beyond a shadow of a The PRESIDING OFFICER. The Sen- record about the President’s motiva- doubt. ator from Maine. tion for this improper request. The I would also say that if you take a Ms. COLLINS. Madam President, for House managers stated repeatedly that look at the episodes that happened be- more than 200 years after our Constitu- President Trump’s actions were moti- fore we got to this point that have action was adopted, only one President vated ‘‘solely’’ for his own political tually nothing to do with the impeach- faced an impeachment trial before the gain in the 2020 campaign. Yet the ment, but it does have something to do Senate. That was Andrew Johnson in President’s attorneys argued that the with the point that the defense said 1868. But now we are concluding our President had sound public policy mo- about folks having been calling for im- second impeachment trial in just 21 tivations, including a concern about peachment since this President got in years. widespread corruption in Ukraine. office, I offer you this: Freedom of While each case must stand on its Regardless, it was wrong for Presi- speech is something that is very impor- own facts, this trend reflects the in- dent Trump to mention former Vice

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.047 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S842 CONGRESSIONAL RECORD — SENATE February 4, 2020 President Biden on that phone call, and instead leapt straight to impeachment at a crisis and at a crossroads. Its fu- it was wrong for him to ask a foreign as the first resort. Therefore, I will ture, as in so many moments of our country to investigate a political rival. vote to acquit on article II. past, was deeply uncertain. The House Judiciary Committee This decision is not about whether You see, when the Framers designed identified in its report crimes that it you like or dislike this President, or our system of government in the Arti- believed the President committed. Ar- agree with or oppose his policies, or ap- cles of Confederation, you can say they ticle I, however, does not even attempt prove or disapprove of his conduct in overcompensated. With the tyranny of to assert that the President committed other circumstances. Rather, it is King George III fresh in their minds, a crime. I sought to reconcile this con- about whether the charges meet the they created a government with powers tradiction between the report and the very high constitutional standard of so diffuse and decentralized that noth- articles in a question I posed to the ‘‘Treason, Bribery, or other High ing could really get done. Instead of House managers, but they failed to ad- Crimes or Misdemeanors.’’ one Nation, we were operating essen- dress that point in their response. It has been 230 years since George tially as 13 independent States. The While I do not believe that the con- Washington first took the oath of of- Federal Government could not tax its viction of a President requires a crimi- fice, and there are good reasons why citizens. It could not raise money. It nal act, the high bar for removal from during that entire time the Senate has lacked a judiciary and an executive office is perhaps even higher when the never removed a President. Such a branch. impeachment is for a difficult-to-de- move would not only affect the sitting So when our Framers arrived in fine, noncriminal act. President but could have unpredictable Philadelphia that hot summer, they In any event, the House did little to and potentially adverse consequences would have to thread a difficult needle, support its assertion in article I that for public confidence in our electoral providing for a strong central govern- the President ‘‘will remain a threat to process. ment that represented the people and national security and the Constitution It is my judgment that, except when one that also guarded against the cor- if allowed to remain in office.’’ extraordinary circumstances require a rupt tendencies that come when power As I concluded in the impeachment different result, we should entrust to is concentrated, as they well knew was trial of President Clinton, I do not be- the people the most fundamental deci- so in a monarchy. lieve that the House has met its burden sion of a democracy; namely, who Our democratic Republic was their of showing that the President’s con- should lead their country. solution. The Nation needed a powerful duct, however flawed, warrants the ex- The PRESIDING OFFICER. The Sen- Executive, yes, but that Executive treme step of immediate removal from ator from New Jersey. needed guardrails, and his power need- office, nor does the record support the Mr. BOOKER. Madam President, in ed to be checked and balanced. So the assertion by the House managers that 1974, after the House Judiciary Com- Framers created what we now almost the President must not remain in office mittee voted to approve Articles of Im- take for granted—three coequal one moment longer. The fact that the peachment against President Nixon, branches of government: the legisla- House delayed transmitting the Arti- Chairman Peter Rodino, of my home tive, the executive, and judicial cles of Impeachment to the Senate for State of New Jersey, a lifelong Newark branches. Each branch would have the 33 days undercuts this argument. resident of my home city who had been ability to check the power of the other For all of the reasons I have dis- thrust into the high-profile position branches to ensure, as James Madison cussed, I will vote to acquit on article only the previous year, returned to his so profoundly argued, that ambition I. office and called his wife. When she an- would ‘‘be made to counteract ambi- Article II seeks to have the Senate swered the phone, this chairman, this tion.’’ convict the President based on a dis- longtime Congressman broke down in But this system of checks and bal- pute over witnesses and documents be- tears and cried. ances was not enough for our Founders. tween the legislative and executive Forty-six years later, our Nation has Still reeling from their experience branches. As a general principle, an ob- found itself under similar duress, and I under the oppressive rule of the King, jection or privilege asserted by one agree with my fellow Newarker—im- many feared an unaccountable, auto- party cannot be deemed invalid, let peaching a President is a profoundly cratic leader. So the Founders created alone impeachable, simply because the sad time for our Nation. It is a painful a mechanism of last resort—impeach- opposing party disagrees with it. time. No matter what party, if you ment. Before the House even authorized its love your country, then this is heart- George Mason prophetically asked impeachment inquiry, it issued 23 sub- breaking. the Founders to wrestle with the con- poenas to current and former adminis- When we think about our history as cept of impeachment at the Constitu- tration officials. When the House and Americans, so many of us have rev- tional Convention, saying: ‘‘Shall any the President could not reach an ac- erence for our Founding Fathers and man be above Justice?’’ commodation, the House failed to com- our founding documents. They rep- The Founders answered that question pel testimony and document produc- resented imperfect genius. We talk with a resounding no. The Constitution tion. The House actually withdrew a about the Declaration of Independence. made clear that any Federal officer, subpoena seeking testimony from Dr. We hail the Constitution. These docu- even the President, would be subject to Charles Kupperman, a national secu- ments literally bent the arc of not just impeachment and removal. No one—no rity aide, once he went to court for our own history but human history for one—no one is above the law. This was guidance. And the House chose not to democratic governance on the planet. seen as the ultimate safeguard, and it issue a subpoena to John Bolton, the While these were milestones in the has only been invoked twice before in National Security Advisor, whom the path of our Nation’s relatively brief ex- American history. This is the third. House has identified as the key wit- istence, the governing document that I sat in this very spot and listened to ness. came between the Declaration of Inde- the evidence presented, honoring my At a minimum, the House should pendence and our Constitution is often oath to be objective, and based on the have pursued the full extent of its own overlooked—the Articles of Confed- evidence that was presented in hour remedies before bringing impeachment eration. after hour after hour of presentations, charges, including by seeking the as- With the benefit of hindsight, it is I concluded that the President, Donald sistance of a neutral third party—the easy to view the development of our John Trump, is guilty of committing judicial branch. Nation as preordained, inevitable—as if high crimes and misdemeanors against In making these choices, the House it were an expected march toward the the United States of America, against substituted its own political preference greatness we now collectively hail, the people. I believe he abused the awe- for speed over finality. The House man- that this was somehow a perfectly plot- some power of his office for personal agers described impeachment as a ‘‘last ted path toward a more perfect union. and political gain to pressure a foreign resort’’ for the Congress. In this case, But it wasn’t. power to interfere in the most sacred however, the House chose to skip the In 1787, as our Founders gathered in institution of our democracy, our elec- basic steps of judicial adjudication and Philadelphia, our fledgling country was tions. He then engaged in a concerted,

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.049 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S843 far-reaching, and categorical effort to racy. It is the rot from within, when So I ask: What will? How? How do we cover up his transgression and block the ideals of truth and justice fall vic- heal? How do we meet this crisis? I any efforts for the people’s representa- tim to the toxic tyranny of absolute know that this President is incapable tives to have the truth. partisanship. of healing this Nation. I have never It brings me no satisfaction to come This President has claimed authori- seen a leader in high office ever take to this conclusion. I feel that sadness tarian power that our Constitution was such glee in meanness. He considers it of my predecessor. Yet we have sworn explicitly designed to prevent. He has some kind of high badge of virtue in an oath to protect and defend the Con- literally said that article II allows him the way he demeans and degrades his stitution of the United States. to do whatever he wants. That out- political adversaries. He demonizes This is not a moment that should rageous statement tomorrow could be others, often the weak in our society, call for partisan passions. It is not a given life within this democracy. and I firmly believe that he has shown moment that we think of in terms of He has declared himself unaccount- that he will even conspire with foreign the limitlessness of personal ambition. able to and above the law. He has nations to defeat his adversaries, and This is a patriotic moment. It is about shredded the very governing ideals of then defend himself not with any truth putting principle above party. It is this great Republic, and we, the Sen- or transparency but by trying to about honoring this body and the Sen- ate, the body designed to check such heighten and ignite even more partisan ate’s rightful place in our constitu- abuses of power, that ‘‘dignified . . . passions. tional system of checks and balances. independent . . . unawed and So the question is really, How do we It is about fulfilling the enormous uninfluenced’’ tribunal, as Hamilton so heal this Nation? How do we meet this trust the Founders placed in this body famously wrote in Federalist Paper No. challenge that is not embodied in any as an impartial Court of Impeachment 65, have been enablers to this destruc- individual? and a necessary check on what they tive instinct. It was a man far greater than me foresaw as the potential for ‘‘grave This is a sad day. This is a sad mo- named Learned Hand who said: abuses’’ by the Executive. ment in the history of this body and in Liberty lies in the hearts of men and If we fail to hold this President ac- our Nation, and I fear that it is em- women; when it dies there, no constitution, countable, then we fail the Founders’ blematic, that it is a symptom of deep- no law, no court can save it; no constitution, intent; we fail our democracy; and I er challenges to this Nation, challenges no law, no court can even do much to help it. fear the injury that will result. that are being exploited by our enemies The spirit of liberty is the spirit which is not When our grandchildren and their abroad and by opportunists here at too sure that it is right; the spirit of liberty children read about this chapter in the home. is the spirit which seeks to understand the history books at a time far into the fu- The factionalism that our Founders minds of other men and women; the spirit of liberty is the spirit which weighs their inter- ture, when this President is a memory warned us of has deepened beyond mere ests alongside its own without bias. along with those of us serving in this partisanship to a self-destructive trib- I continue to quote this great judge. Chamber, it will not be seen through alism. The ‘‘cunning, ambitious, and the eye of politics or partisanship. unprincipled men’’ seeking to subvert Our dangers, as it seems to me, are not They will read about how this body the power of the people, as Washington from the outrageous but from the con- forming; not from those who rarely and acted in their moment of constitu- predicted in his profound and prophetic under the lurid glare of obloquy upset our tional crisis. I fear that their unflinch- Farewell Address, have found their sea- moral complaisance, or shock us with unac- ing eyes, at a time when the full body son to flourish here in our time. Many customed conduct, but from those, the mass of evidence will be out in the public do- in our society now hate other Ameri- of us, who take their virtues and their main, will see clearly how this body ab- cans, not because of the content of tastes, like their shirts and their furniture, dicated its constitutional responsibil- their character or their virtue and the from the limited patterns which the market ities, surrendering them to partisan values they hold dear, but we, as Amer- offers. passions. They will read about how the icans, now more and more see hate pro- I love our Nation’s history. I am tell- Senate shut its doors to the truth, even liferating in our country between fel- ing you right now we have seen that though it was within easy reach; how, low Americans because of what party the true test of our democracy will not for the first time in our history of im- we belong to. come simply from the low actions from peachment proceedings for judges and We have failed to listen to the words our leaders on most high. The true test for past Presidents, the world’s great- that come out of each other’s mouths, of our democracy will not turn alone est deliberative body conducted an im- failed to listen to the ideals or the on the actions of this body because peachment trial without demanding a principles or the underlying facts be- Presidents before and this body before single witness and without sub- cause we now simply listen to partisan- have failed us in dark times. They poenaing a single document; how, even ship. This Nation was founded with failed the ideals of freedom when time as new evidence during the trial con- great sacrifice. The blood, sweat, and and again they defended slavery. This tinued to be uncovered, the Members of tears of our ancestors, which gave life body has failed the ideals of liberty this body failed to even view it. They and strength to this Nation, are now when time and again it rejected civil failed to pursue with even the faintest being weakened and threatened, as our rights. This body has failed the ideals effort those things that would have very first President warned. in the past of equality when it voted easily and more perfectly revealed the And, yes, today is a sad moment, but down, again and again, suffrage for breadth and depth of the President’s we, as a nation, have never been de- women. Lo, Presidents before and the misconduct. fined by our darkest hours. We have al- Senate before has failed this Nation in We know across the street, in the Su- ways been defined by how we respond the darkest of times. As the songs of preme Court, the saying is that justice to our challenges, how we have refused my ancestors have said, our path has is blind, but that means that no one is to surrender to cynicism, and how we been watered with the tears and blood above the law. It does not mean that have refused to give in to despair. of ancestors. this body should abdicate its respon- As Senator after Senator today gets How do we heal? How do we move for- sibilities and it should abandon its up and speaks, I fear that mere words ward? I say on this dark day that the senses and even abandon common in this time are impotent and ineffec- hope of this Nation lies with its people. sense. If there is evidence we know tive. It may mark where we as individ- As Learned Hand said: The spirit of lib- about that could speak beyond a rea- uals stand for the record, but the chal- erty is not embodied in the Constitu- sonable doubt to this President’s al- lenge demands more from all of us in tion. Other nations have constitutions leged crimes and misconduct, it makes this time. We have already seen on this and have failed. The hope of this Na- no sense whatsoever that we should Senate floor that sound arguments tion will always lie with its people. deny, in this deliberative body, the have been dismissed as partisanship. So we will not be cured today, and, I truth—the truth. We have heard speech after speech and tell you, tomorrow’s vote—it is a de- This kind of willful ignorance, this seen how they will not cure this time. feat. But we, as a people facing other metaphorical closing of our eyes and They will not save this Republic from defeats in this body, must never be de- ears, is a grave danger to any democ- our deepening divides. feated. Just like they beat us down at

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Ukraine in response to the Russian ag- So my prayer for our Republic, now As cofounder and cochair of the gression that came right after the Rev- yet in another crisis in the Senate, is Ukraine Caucus and someone who is olution of Dignity in 2014. that we cannot let this be leading us proud to represent many Ukrainian I must say, I strongly urged the further and further into a treacherous Americans in Ohio, I have been active Obama administration to use that au- time of partisanship and tribalism for the past several years in helping thority, and, like Ukraine, I was deeply where we tear at each other and when Ukraine as it has sought freedom and disappointed when they did not. I we turn against each other. Now is the independence since the 2014 Revolution strongly supported President Trump’s time in America where we must begin, of Dignity that saw the corrupt Rus- decision to change course and provide in the hearts of people, to turn to each sian-backed government of Viktor that assistance shortly after he came other and to begin to find a way out of Yanukovych replaced with pro-Western into office. While visiting Ukrainian this dark time to a higher ground of elected leaders. troops on the frontlines in the Donbas hope. This is not a time to simply Since first seeing the transcript of region of Ukraine, I have seen first- point blame at one side or another. the phone call between President hand how much those soldiers need the This is a time to accept responsibility. Trump and President Zelensky 4 military assistance President Trump Like our ancestors in the past so un- months ago, I have consistently said alone has provided. derstood, that change does not come that the President asking Ukraine for Beyond whether the President’s con- from Washington. It must come to an investigation into Joe Biden was in- duct met the high bar of impeachment, Washington. As I was taught as a boy, appropriate and wrong. I have also there is also the underlying issue of the we didn’t get civil rights because said, since then, that any actions legitimacy of the House impeachment Strom Thurmond came to the Senate taken by members of the administra- process. The House Democrats sent the floor one day and pronounced that he tion or those outside the administra- Senate a flawed case built on what re- had seen the light. No, this body re- tion to try to delay military assistance spected George Washington University sponded to the demands of people, and or a White House meeting pending an constitutional law professor Jonathan now is a time that we must demand the investigation by Ukraine were not ap- Turley calls ‘‘the shortest proceeding, highest virtues of our land and see each propriate either. with the thinnest evidentiary record, other for who we are—our greatest But while I don’t condone this behav- and the narrowest grounds ever used to hope and our greatest promise. ior, these actions do not rise to the impeach a President.’’ We are a weary people in America level of removing President Trump Instead of using the tools available again. We are tired. We are frustrated. from office and taking him off the bal- to compel the administration to But we cannot give up. That flag over lot in a Presidential election year that produce documents and witnesses, the there and we who swear an oath to it is already well under way. House followed a self-imposed and en- and don’t just parrot words or say I first looked to the fact that the tirely political deadline for voting on them with some kind of perfunctory Founders meant for impeachment of a the Articles of Impeachment before obligation—but those who swear an President to be extremely rare, re- Christmas. After the rushed vote, the oath to this Nation—must now act served for only ‘‘Treason, Bribery, or House then inexplicably stalled, keep- with a greater unyielding conviction. other high Crimes and Misdemeanors.’’ ing those articles from being delivered We must act to do justice. We must act Any fair reading of what the Founders here in the Senate for 28 days, time to heal harms. We must act to walk meant in the Constitution and in the they could have used to subpoena wit- more humbly. We must act to love one Federalist papers in the context of his- nesses and resolve legitimate disagree- another unconditionally. And now, tory and just plain common sense ments about whether evidence was more than ever, perhaps we need to act makes it clear that removing a duly privileged or not. They didn’t even in the words of a great abolitionist, a elected President demands that those bother to subpoena witnesses they then former slave, who in a dark, difficult arguing for conviction meet a high wanted the Senate to subpoena for time when America was failing to live standard. them. up to its promise, gave forth a senti- As an example, for good reason there The House process was also lacking ment of his actions captured in the po- has never been a Presidential impeach- in fundamental fairness and due proc- etry of Langston Hughes. He declared ment that didn’t allege a crime. In the ess in a number of respects. It is in- through his deed and through his work Clinton impeachment, the independent comprehensible to me that the Presi- and through his sacrifice: counsel concluded that President Clin- dent’s counsel did not have the oppor- America never was America to me, ton committed not one but two crimes. tunity to cross-examine fact witnesses And yet I swear this oath— In this case, no crime is alleged. Let and that the House selectively leaked America will be! me repeat. In the two Articles of Im- deposition testimony from closed-door As a Nation, in this difficult time peachment that came over to us from sessions. where we face the betrayal of a Presi- the House, there is no criminal law vio- Rushing an impeachment case dent, the surrender of obligation by a lation alleged. Although I don’t think through the House without due process body, may we meet this time with our that that is always necessary—there and giving the Senate a half-baked actions of good will, of a commitment could be circumstances where a crime case to finish sets a very dangerous to love and to justice, and to yet again isn’t necessary in an impeachment— precedent. If the Senate were to con- elevating our country so that we, too, without a crime, it is even a higher bar vict, it would send the wrong message may be like, as it says in that great for those who advocate for a convic- and risk making this kind of quick, text, ‘‘a light unto all Nations.’’ tion, and that high bar is not met here. partisan impeachment in the House a I yield the floor. What is more, even though it was de- regular occurrence moving forward. The PRESIDING OFFICER (Mr. CAS- layed, the President ultimately did That would be terrible for the country. SIDY). The Senator from Ohio. provide the needed military assistance Less than a year ago, Speaker NANCY Mr. PORTMAN. Mr. President, I am to Ukraine, and he provided it before PELOSI said: ‘‘Impeachment is so divi- here today to talk about the Senate the September 30 budget deadline, and sive to the country that unless there’s trial and the factors I have considered the requested investigations by something so compelling and over- in making my decision on the Articles Ukraine were not undertaken. It is an whelming and bipartisan, I don’t think of Impeachment from the House. I have important point to make. The aid we should go down that path.’’ She was now read hundreds of pages of legal went. The investigations did not occur. right. briefs and memos, including the testi- The military assistance is particu- It is better to let the people decide. mony of 17 witnesses. Here, on the Sen- larly important to me as a strong sup- Early voting has already started in ate floor, I have reviewed more than porter of Ukraine. In fact, I was one of some States, and the Iowa caucuses oc- 190 witness videos and listened care- those Senators who fought to give curred last night. Armed with all the

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.052 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S845 information, we should let the voters divided an already polarized country. A The House managers provided sub- have their say at the ballot box. conviction in the Senate, removing stantial evidence of wrongdoing. First, During the last impeachment 21 Donald Trump from office and taking as to article I regarding abuse of years ago, now-House Manager Con- his name off the ballot, would dan- power, many of the facts here are un- gressman JERRY NADLER said: gerously deepen that growing rift. That disputed. For example, there is no dis- There must never be a narrowly voted im- is one reason I am glad we are not like- pute that the President has said, when peachment or an impeachment substantially ly to see a conviction because I do care referring to the Constitution itself: supported by one of our major political par- about our country and bringing it to- ‘‘Article II allows me to do whatever I ties and largely opposed by the other. Such gether. want.’’ This is what the President of an impeachment would lack legitimacy. Instead, my hope is that lessons have the United States of America said. In this case, the impeachment wasn’t been learned; that we can heal some Then he withheld congressionally au- just ‘‘substantially supported’’ by wounds for the sake of the country; thorized military assistance to Ukraine Democrats; it was only supported by that we can turn to the bipartisan in a White House meeting with Presi- Democrats. In fact, a few Democrats work most Americans expect us to do; dent Zelensky and conditioned that actually voted with all the Republicans and that we can allow American vot- military assistance and the meeting on to oppose the impeachment. ers, exercising the most important con- Ukraine publicly announcing inves- Founder Alexander Hamilton feared stitutional check and balance of all, to that impeachment could easily fall tigations into Vice President Biden and have their say in this year’s Presi- his son, as well as a debunked con- prey to partisan politics. That is ex- dential election. I believe this is what actly what happened here with the spiracy theory about the 2016 election the Constitution requires and what the interference. The memorandum of the only purely partisan impeachment in country needs. the history of our great country. For July 25 phone call in which President I yield back my time. Trump asked President Zelensky ‘‘to all of these reasons, I am voting The PRESIDING OFFICER. The Sen- against the Articles of Impeachment do us a favor though,’’ after Zelensky ator from Pennsylvania. brought up in the conversation mili- tomorrow. Mr. CASEY. Mr. President, as I rise tary assistance, that evidence is com- It is time to move on and to move on today to discuss this impeachment pelling evidence of wrongdoing. to focus on bipartisan legislation to trial, I am reminded of an inscription The President reiterated on the help the families whom we represent. above the front door of the Finance White House lawn on October 3 that Unlike the House, the Senate is Building in Harrisburg, PA, from the Ukraine should ‘‘start a major inves- blocked from conducting its regular 1930s. Here is the inscription: ‘‘All pub- tigation into the Bidens’’ before adding business during impeachment. lic service is a trust, given in faith and that China should also ‘‘start an inves- My colleague from New Jersey asked accepted in honor.’’ a moment ago, how do we heal? How do I believe that President Trump and tigation into the Bidens.’’ we heal the wounds? Our country is di- every public official in America must President Trump’s own politically vided, and I think the impeachment earn that trust every day. That sacred appointed Ambassador to the European has further divided an already polar- trust is given to us, as the inscription Union, Gordon Sondland, explicitly tes- ized country. I think we heal, in part, says, ‘‘in faith,’’ by virtue of our elec- tified that the meeting and the assist- by surprising the people and coming tion. ance were conditioned on announcing— out from our partisan corners and get- The question for the President and announcing—the investigations. ting stuff done—stuff that they care every public official is this: Will we ac- The President’s defense lawyers first about that affects the families we were cept this trust by our honorable con- insisted on this floor that he ‘‘did abso- sent here to represent. duct? The trust set forth in the inscrip- lutely nothing wrong.’’ But later, after While in the impeachment trial, we tion is an echo of Alexander Hamilton’s even Republican Senators would not were prevented from doing the impor- words in Federalist No. 65, where Ham- make that claim, the new justification tant legislative work our constituents ilton articulated the standard for im- for his misconduct was ‘‘corruption’’ expect, like passing legislation to peachment as ‘‘offenses which proceed and ‘‘burden-sharing.’’ lower prescription drug costs, like re- from the misconduct of public men, or, If the President were so concerned building our crumbling roads and in other words, from the abuse or viola- about corruption in Ukraine, why did bridges, like addressing the new addiction of some public trust.’’ he dismiss one of our best corruption- tion crisis—the combination of syn- Over the past 2 weeks, I have listened fighting diplomats, Marie thetic opioids like fentanyl and crystal carefully to the arguments put forward Yovanovitch? In May, the Department meth, pure crystal meth coming from by the President’s defense lawyers and of Defense also certified—certified— Mexico. It is an opportunity for us to the House managers. In light of the that Ukraine had taken ‘‘substantial strengthen our economy with better substantial record put forth by the actions’’ to decrease corruption. skills training, including passing legis- managers in this case, I have deter- If there were legitimate foreign pol- lation to give workers the skills they mined that the managers have not only icy concerns about corruption, the need to meet the jobs that are out met but exceeded their burden of proof. President would not have released aid there. Those are just a few ideas that President Trump violated his duty as to Ukraine without delay in 2017 and in are ready to go—ideas the President a public servant by corruptly abusing 2018, only to delay it in 2019, after Joe supports, Republicans support, and his power to solicit foreign inter- Biden announced his run for President. Democrats support. ference in the 2020 election and by re- If there were legitimate foreign pol- I have been working on bipartisan peatedly obstructing Congress’s con- icy concerns, the President would not initiatives like the JOBS Act to pro- stitutionally based investigation into have been interested in pursuing inves- vide that needed skills training, the his conduct. tigations based on—as Dr. Fiona Hill Restore Our Parks Act to deal with the President Trump’s clearly estab- testified—a ‘‘fictional narrative that is infrastructure that is crumbling in our lished pattern of conduct indicates being perpetrated and propagated by national parks, the Energy Savings and that he will continue to be ‘‘a threat to the Russian security services’’ to raise Industrial Competitiveness Act, which national security and the Constitution doubts about Russia’s own culpability promotes energy efficiency—something if allowed to remain in office.’’ For in the 2016 election interference and to we should be able to agree on across these reasons, I will vote guilty on harm the relationship between the the aisle. All of these have been sitting both article I and article II. United States and Ukraine. idle this year as we have grappled with This impeachment was triggered by Furthermore, the President’s defense impeachment. the President’s conduct. We are here team would have us believe that he le- How do we heal? How do we heal the because the President abused his gitimately asserted executive privilege wounds? In part, let’s do it by working power—the awesome power of his of- over the House’s well-founded impeach- together to pass legislation people care fice—to demand that an ally inves- ment inquiry, despite the fact that he about. tigate a political opponent, proving his never actually asserted a privilege over Back home, I have seen that the im- contempt for the Constitution and his a single document or witness. Rather, peachment process has, indeed, further duties as a public official. he issued a blanket directive in which

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.054 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S846 CONGRESSIONAL RECORD — SENATE February 4, 2020 he refused to cooperate entirely with to examine this or other relevant evi- that has existed since before he was the House investigation. This action dence, thereby rigging this trial to the even sworn in to remove him from of- not only obstructed the House’s con- benefit of the President. Fair trials fice. stitutional responsibility of oversight, have witnesses and documents. Cover- Be that as it may, the Constitution it also sought to cover up the Presi- ups have neither. makes clear that the Senate has a duty dent’s corrupt abuse of power. This is the third Presidential im- to try all the impeachments. As such, At the time of the drafting of the peachment trial in our country’s his- the chief concern I had, as I know Constitution, the Framers’ under- tory, and it is the only one—the only many of my colleagues also shared, was standing of ‘‘high Crimes and Mis- one—to be conducted without calling a for the process in this body to be fair. demeanors’’ was informed by centuries single witness. In fact, every completed It was clear to me that what transpired of English legal precedent. This under- impeachment trial in history has in- in the House was incredibly partisan standing was reflected in the language cluded new witnesses who were not and unfair. of Federalist No. 65 that I referred to even interviewed in the House of Rep- I believed the Senate must and would earlier regarding ‘‘an abuse or viola- resentatives. Senate Republicans rise to the occasion to conduct a trial tion of some public trust.’’ Based on slammed the door shut on relevant tes- that was fair, respectful, and faithful this history, both Chambers of Con- timony, contrary to the national inter- to the design and intent of our Found- gress have consistently interpreted est. ers. I believed that the organizing reso- ‘‘high Crimes and Misdemeanors’’ Our Founders had the foresight to en- lution that we passed was sufficient in broadly to mean ‘‘serious violations of sure that the power of the President establishing a framework for the trial the public trust.’’ was not unlimited and that Congress and also would address the outstanding The President’s defense lawyers ar- could, if necessary, hold the Executive issues at the appropriate times. gued that impeachment requires the accountable for abuses of power Throughout the course of the trial, I violation of a criminal statute to be through the impeachment process. This stayed attentive and engaged, taking constitutionally valid. This argument trial is not simply about grave Presi- in the arguments and the evidence pre- is offensive, dangerous, and not sup- dential abuse of power; it is about our sented to the Senate, which included ported by historical precedent, credible democracy, the sanctity of our elec- the testimony of over a dozen wit- scholarship, or common sense about tions, and the very values that the nesses and thousands of documents as the sacred notion of the public trust. Founders agreed should guide our Na- part of the House investigation. When applying the impeachment tion. The House impeachment managers standard of an ‘‘abuse or violation of I go back to the beginning and that were emphatic that their case against some public trust,’’ it is clear that inscription: ‘‘All public service is a the President was overwhelming, President Trump’s conduct exceeded trust, given in faith and accepted in uncontested, convincing, and proven. that standard. Any effort to corrupt honor.’’ President Trump dishonored The President’s counsel made an equal- our next election must be met with that public trust and thereby abused ly forceful case in his defense, coun- swift accountability, as provided for in his power for personal political gain. In tering the claims made by the House the impeachment clause in the Con- order to prevent continuing inter- and underscoring the grounds on which stitution. There is no other remedy to ference in our upcoming election and the Senate should reject the articles constrain a President who has acted blatant obstruction of Congress, I will and, by necessity, the attempt to expel time and again to advance his personal vote guilty on both articles. him from office and a future ballot. interests over those of the Nation. I yield the floor. Based on the work done by the Furthermore, as demonstrated The PRESIDING OFFICER. The Sen- House—or maybe, more accurately, the through Special Counsel Mueller’s re- ator from Arkansas. work not done and the inherently port regarding Russian interference in Mr. BOOZMAN. Mr. President, I rise flawed and partisan nature of the prod- the 2016 election and the substantial today to address the topic that has uct it presented to the Senate—I was evidence presented in this impeach- consumed this body for the past several skeptical that it could prove its case ment trial and the House proceedings, weeks, which is, of course, the im- and convince anybody, apart from the President Trump has engaged in ongo- peachment trial of the President of the President’s longtime, most severe crit- ing efforts to solicit foreign inter- United States. ics, that his behavior merited removal ference in our elections. After the passage of two Impeach- from office. After 2 weeks of pro- As the Washington Post reported on ment Articles in the House, Speaker ceedings in the Senate, my assessment September the 21st in a story written PELOSI waited nearly a month to trans- of the situation has not been swayed, by three reporters who have covered mit the articles to the Senate. Once nor has it changed. That is why I will the President for several years, the she finally did, the trial took prece- vote to acquit the President and reject President’s conduct on the Ukraine dence, and the wheels were set in mo- the weaponization of Congress’s au- phone call revealed a ‘‘President con- tion to conduct the proceedings and thority to impeach the duly elected vinced of his own invincibility—appar- render a verdict. President of the United States. ently willing and even eager to wield Since it became clear that the House To be clear, the partisan nature of the vast powers of the United States to would vote to impeach the President, I this impeachment process potentially taint a political foe and confident that have taken my constitutional duty to sets the stage for more impeachments no one could hold him back.’’ serve as a juror in the impeachment along strictly partisan lines—a devel- This President will abuse his power trial with the seriousness and atten- opment that would be terrible for our again. tion that it demands. country. The Constitution lays out jus- At the outset of this trial and In light of the extensive coverage the tifications for impeachment, which in- throughout the proceedings, Senate situation received, it was impossible clude ‘‘Treason, Bribery, or other high Democrats and 75 percent of the Amer- not to take notice of the process that Crimes and Misdemeanors.’’ ican people have repeatedly called for unfolded in the House over the course As a U.S. Senator, there is perhaps relevant witnesses and relevant docu- of its investigation. Its inquiry was no more important decision that I am ments to be subpoenaed to ensure a full hasty, flawed, and clearly undertaken asked to make aside from voting to and fair trial for all parties. For exam- under partisan pretenses. send Americans to war. That is exactly ple, we sought testimony from former Having rushed to impeach the Presi- why I treated this impeachment trial National Security Advisor John dent ahead of an arbitrary deadline, as with the gravity and the thoughtful- Bolton, whose unpublished manuscript well as failing to provide adequate op- ness I believe that it deserved. indicates that the President explicitly portunities for the President to defend The accusations explicitly made by told Bolton that he wanted to continue himself, the impeachment investiga- the House impeachment managers and the delay in military assistance to tion in this case specifically was con- echoed by some on the other side that Ukraine until it announced the polit- trived, at least partially, and was a ve- the Senate is engaging in a coverup are ical investigations he was seeking. hicle to fulfill the fierce desire among wrong on the merits and further drag Fifty-one Senate Republicans refused many of the President’s detractors this process down into the rhetoric of

VerDate Sep 11 2014 00:23 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.055 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S847 partisan political warfare. I regret that I yield the floor. investigate Joe Biden’s son and his it has descended to such a place. Ful- The PRESIDING OFFICER. The Sen- work for the corrupt natural gas com- filling my constitutional obligation ator from Oklahoma. pany in Ukraine, Burisma, and did the after drawing my own conclusions is Mr. LANKFORD. Mr. President, we President withhold a meeting with far from a coverup. are in our third week of the impeach- President Zelensky until President The attempt to turn the impeachment trial right now. After thousands Zelensky agreed to investigate Joe ment power into a weapon of political of documents being reviewed and over a Biden’s son? convenience will be far more damaging dozen witnesses that we have heard, To be clear, the theory of the funds than any other aspect of this chapter well over 100 video testimony clips that being withheld from Ukraine in ex- in our Nation’s history. we have gone through, we are nearing change for an investigation doesn’t At the end of the day, this partisan, the end. originate from that now-infamous July deficient process yielded a product The country is deeply divided on 25 call. There is nothing in the text of built on inadequate foundation, in ad- multiple issues right now, and the im- the call that threatens the withholding dition to being clearly motivated by peachment trial is both a symptom of of funds for an investigation. The the- the desire to remove the President, our times and another example of our ory originates from the belief of Am- who some vocal activists have viewed division. bassador to the European Union Gor- as illegitimate since Election Day 2016. The Nation didn’t have an impeach- don Sondland’s—what he said—pre- Not even a year ago, Speaker PELOSI ment inquiry for almost 100 years, sumption—and he repeated that over was still attempting to stem the push until 1868, the partisan impeachment of and over again—presumption that the for impeachment within her own party, Andrew Johnson. aid must have been held because of the arguing that ‘‘impeachment is so divi- Another impeachment wasn’t con- President’s desire to get the Biden in- sive to the country that unless there’s ducted for over 100 years after that, vestigation done, since the President’s something so compelling and over- when the House began a formal im- attorney—his private attorney—Rudy whelming and bipartisan, I don’t think peachment inquiry into President Giuliani was working to find out more we should go down that path.’’ She was Nixon with an overwhelmingly bipar- about the Biden investigation and right, and this impeachment process tisan vote of 410 to 4. Burisma. has failed by each of these metrics. It Just a little over two decades later, Ambassador Sondland told multiple has further divided the country. there was another partisan impeach- people about his theory. When he actu- The case is certainly not over- ment process—President Clinton, when ally called President Trump and asked whelming, and it has been anything he was impeached on an almost him directly about it, the President re- but bipartisan. In fact, the vote against straight partisan vote. sponded that there wasn’t any quid pro impeaching the President in the House Tomorrow I will join many others to quo. He just said he wanted the Presi- was bipartisan. As a result of Senate vote to acquit the President of the dent of Ukraine to do what he ran on rules and precedents, it has also United States. His actions certainly do and to do the right thing. brought the legislative process nearly not rise to the level of removal from Interestingly enough, that is the to a grinding halt. office. This is clearly another one of But as the trial reaches its conclu- same thing that President Zelensky our partisan impeachments, now the sion, I believe we must move on and re- said and his Defense Minister said and third in our history. turn to doing the work of trying to get his chief of staff said. The aid was held Over the past 3 years, the House of things done for the American people. because there was legitimate concern Representatives has voted four times The average Arkansan, like many about the transition of a brand-new to open an impeachment inquiry: once other Americans, is looking for results President in Ukraine and his adminis- in 2017, once in 2018, and twice in 2019. and asking how the elected leaders tration in the early days of his Presi- they have chosen are trying to help Only the second vote in 2019 actually dency. An unknown on a world stage make their lives better and move our passed and turned into an actual im- was elected, President Zelensky, on country forward. They are not inter- peachment inquiry. April 21. His swearing-in date was May ested in the political games and the- For 4 months the country has been 21. During his swearing-in, he also ater that have consumed much of consumed with impeachment hearings abolished Parliament and called for Washington since September. It is my and investigations. First, rumors of snap elections. No one knew what he hope that we return to that real, press- issues with Ukraine arose on August 28, was going to do or what was going to ing work in short order. when POLITICO wrote a story about happen. In just a few months, the voters of U.S. aid being slow-walked for Ukraine, Those elections happened July 21 in this country will get to decide who and then September 18, when the Wash- Ukraine, where an overwhelming num- they prefer to lead our country. I trust ington Post released a story about a ber of President Zelensky’s party won them to make that decision, and I whistleblower report that claimed in Parliament. There was an amazing trust that the process by which we President Trump pressured an transition in a relatively short period choose our President and other leaders unnamed foreign head of state to do an of time in Ukraine and there were a lot will remain free and fair and that the investigation for his campaign. of questions. outcome will represent the will of the Within days of the Washington Post I will tell you, I was in Ukraine in people. The hard-working men and story, before the whistleblower report late May of 2019, and our State Depart- women of our intelligence, law enforce- came out, before anything was known, ment officials there certainly had ques- ment, and national security commu- Speaker PELOSI announced the House tions on the ground about the rapid nities will continue to work tirelessly would begin hearings to impeach the transition that was happening in to ensure that this is the case, and I President, which led to a formal House Ukraine. It was entirely reasonable for have every confidence they will suc- vote to open an impeachment inquiry there to be able to be a pause in that ceed in that endeavor. on October 31 and a formal vote to im- time period. Those concerns were re- It is time to get back to the impor- peach the President on December 18. solved in August and early September tant work before us and to remember The House sent over two Articles of when the new Parliament started pass- that those we represent are capable of Impeachment, asking the Senate to de- ing anti-corruption laws, and Vice judging for themselves how this im- cide if the President should be removed President PENCE sat down face-to-face peachment was conducted and, maybe from office and barred from running for with President Zelensky on September just as importantly, how we conducted any future office in the United States— 1 in Poland to discuss the progress and ourselves as it unfolded. one on abuse of power; the second on corruption and their progress on get- We have a responsibility to lead by obstruction of Congress. Let me take ting other nations to help supply more example. I implore my colleagues to those two in order. aid to Ukraine. join me in committing to getting back The abuse of power argument hinges As for the meeting with the Presi- to doing the hard and necessary work on two things: Did the President of the dent being withheld, as I just men- before us when this impeachment trial United States use official funds to tioned, the Vice President of the reaches its conclusion. compel the Ukrainian Government to United States met with President

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To separate out tween President Zelensky, which was as things moved. those two is not a simple process. actually the place and date that he This was a serious issue that became But we begin with the most basic ele- asked for to meet with President even more serious when the House ment. Do the facts line up with the ac- Trump, except in the final moments of managers moved, not just to say that cusations made by the House? They do that and the final days leading up to it, this is obstruction of Congress if the not. Are there plenty of accusations? Hurricane Dorian approached the President doesn’t immediately submit, Yes, there are. My fear is that, in the United States and that meeting had to but they took this to a different level days ahead, there will be more and be called off by the President while he by saying the President should not more accusations as we go. There have stayed here, so the Vice President went have access to the courts at all, lit- been for the last 3 years. in his stead. erally stating: Does the Constitution But at this moment and the facts at There was no quid pro quo in a meet- give the legislative branch the power this time, in the partisan rancor from ing. The meeting that was requested to block the executive branch from the the House and into the Senate, I am actually occurred. It was interesting to judicial branch? going to choose to acquit the President note, as well, when I researched the House managers said, yes, they can of the United States. This certainly record about the aid dates for Ukraine rapidly move through a trial, then does not rise to the level of removal in the past 3 years, I found out that, in bring the case to the Senate and have from office and forbidding him to run 2019, the aid arrived in September. It is it only partially investigated and then for any other office in the future. It interesting, from 2016 to 2018, the vast try to use the power of the Senate to certainly doesn’t rise to that level. majority of military aid for each of block the executive branch from ever In the days ahead, as more facts those years—2016, 2017, and 2018—also going to court to resolve any issue. come out, all of history will be able to went to Ukraine in September. That has not been done in the past, nor see how this occurred and the details of Well, it is easy to create an intricate should it be. The President, like every what happens next. I look forward, ac- story about the hold of foreign aid. It other citizen of the United States, tually, for that to continue to be able is also clear that President Trump has should have access to the courts, and it to come out so all can be known. held foreign aid from multiple coun- is not grounds for contempt of Con- I yield the floor. tries over the last 2 years, including gress to block the President from ever The PRESIDING OFFICER. The Sen- Afghanistan, Pakistan, Honduras, Gua- trying to go to court to resolve issues ator from Maine. temala, El Salvador, Lebanon, and oth- that need to be resolved. Every other Mr. KING. Mr. President, I would ers. There is no question that a Presi- President has had that right. This one like to share my remarks, not only dent can withhold aid for a short pe- should have had that right as well. with my colleagues today, but more so riod of time, but it has to be released This tale that President Trump with those who will come after us. I by September 30, which it was to thinks he is a King and doesn’t want to want to touch on four issues: the trial Ukraine on time. follow the law begs reality. Let me re- evidence; the President’s actions as The hold did occur. There are mes- mind everyone of the Mueller inves- outlined in articles I and II of the Arti- sages back and forth about being able tigation, where 2,800 subpoenas were cles of Impeachment; and finally, and to hold, but it is entirely reasonable to done in over 21⁄2 years, with 500 wit- most importantly in my mind, the im- have the hold, and it was such a short nesses, including many of the Presi- plications of our decision this week on period of time—the aid arrived at the dent’s inner circle. All of those were the future of our government and our same time as it usually did each of the provided. None of those were blocked country. past 3 years—that the Minister of De- by the administration. First, the trial—weeks ago, I joined fense for Ukraine actually stated that After 21⁄2 years, the final conclusion my colleagues in swearing an oath to the hold was so short, they didn’t even was there was no conspiracy between ‘‘do impartial justice.’’ Since that know it. the President’s campaign and the Rus- time, I have done everything possible What is interesting about this is this sians. The President did honor those to fulfill that responsibility. I paid full is stretched from not just an ‘‘abuse of subpoenas. The President has been very attention, taken three legal pads’ power,’’ but also ‘‘obstruction of Con- clear in multiple court cases that he worth of notes, reviewed press ac- gress.’’ That is the second Article of did not like it and he did not agree counts, and had conversations with my Impeachment. The House argument with it. He has been outspoken on colleagues and citizens in my home was that the President didn’t turn over those, but he has honored each court State of Maine. every document and allow every wit- decision. It would be a terrible prece- The one question I got most fre- ness without submitting everything to dent for the Senate to remove a Presi- quently back home was how we could Congress immediately. They argued dent from office because he didn’t proceed without calling relevant wit- that, if the President challenged any agree that Congress couldn’t take away nesses and securing the documents subpoena, he was stalling, he was act- his rights in court like every other that would confirm or deny the charges ing guilty, and so it was grounds for American. against the President, which are at the impeachment. The difficulty in this process, as with heart of this matter. Remember how fast this all hap- every impeachment process, is sepa- But for the first time in American pened. The investigation started Sep- rating facts and the politics of it. history, we failed to do so. We robbed tember 24. The official start of im- There are facts in this case that we ourselves and the American people of a peachment started October 31 and took a lot of time to go through. Each full record of this President’s misuse of ended on December 18, with a partisan of us in this body sat for hour upon his office. This failure stains this insti- vote in the House for impeachment. If hour upon hour, for 21⁄2 weeks, listening tution, undermines tomorrow’s verdict, President Trump obstructed Congress to testimony and going through the and creates a precedent that will haunt because he didn’t turn over documents record. We all spent lots of time being those who come after us and, indeed, that didn’t even have a legal subpoena able to read, on our own, the facts and will haunt the country. But now, we within 2 months, then I would say details. That was entirely reasonable are here, left to make this decision President Obama was not impeached, to be able to do. without the facts, concealed by the but maybe he should have been, though But we have to examine, at the end White House and left concealed by the I don’t think he should have been. of the day, what is a fact-based issue votes of this body last Friday. But you could argue in that same that has been answered—and each of This was not a trial in any real sense. way because President Obama did not the key facts raised by the House all It was, instead, an argument based honor three subpoenas in 3 years on the have answers—and what is a politics upon a partial, but still damning,

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.059 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S849 record. How much better it could have No matter how many times the No prior President has ever taken been had we had access to all the facts, President claims his phone call with such a position, and the argument that facts which will eventually come out, President Zelensky was perfect, it sim- this blanket obstruction should be but too late to inform our decisions? ply wasn’t. He clearly solicited foreign tested in court is severely undercut by As to the articles themselves, I interference in our elections. He dis- the administration’s recent argument should begin by saying I have always regarded a congressionally passed law. that the courts have no jurisdiction been a conservative on the subject of He impaired the security of a key over such disputes and that the remedy impeachment. For the better part of American partner. He undermined our for stonewalling Congress is—you the last 3 years, I have argued both own national security. And, if he was guessed it—impeachment. They argued publicly and privately against the idea. simply pursuing our national interests that in the Federal court in Wash- Impeachment should not be a tool to rather than his own, why was his per- ington this week. remove a President on the basis of pol- sonal attorney Rudy Giuliani put in Interestingly, the first assertion of icy disagreements. The President’s charge? Why was Rudy Giuliani men- executive privilege was by George lawyers are right when they argue that tioned in that phone call? Washington, when the House sought this would change our system of gov- Put bluntly, no matter the defense, background documents on the Jay ernment and dangerously weaken any and as a majority of the Members of Treaty. Washington rested his refusal President. this body apparently now recognize, to produce those documents on the idea But this reluctance must give way if President Trump placed his own polit- that the House had no jurisdiction over it requires my turning a blind eye to ical interests above the national inter- matters of foreign policy, but, interest- what happened last summer. The ests he is sworn to protect. And, as I events of last summer were no policy ingly, Washington, in his message to mentioned, he has shown no sign that Congress, did specify one instance disagreement. They were a deliberate he will stop doing so when the next oc- series of acts whereby the President where the House would have a legiti- casion arises, as it surely will. mate claim on the documents’ release. sought to use the power of his office in The implications of acquitting the What was the instance? You guessed his own personal and political inter- President on article I are serious. This it—impeachment. ests, specifically by pressuring a gov- President will likely do it again, and ernment of a strategic partner—a part- future Presidents will be unbound from If allowed to stand, this position that ner, by the way, significantly depend- any restraints on the use of the world’s the President—any President—can use ent upon our moral and financial sup- most powerful political office for their his or her position to totally obstruct port—pressuring that government to own personal political gain. the production of evidence of their own take action against one of the Presi- We are moving dangerously close to wrongdoing eviscerates the impeach- dent’s political rivals and, thereby, un- an elected Monarch—the very thing the ment power entirely, and it com- dermine the integrity of the coming Framers feared most. promises the ongoing authority of Con- American election. Article II, to me, is even more seri- gress to provide any meaningful over- This last point is important. In nor- ous in its long-term implications. Arti- sight of the executive whatsoever. mal circumstances, the argument of cle I concerns an incident—an egre- For these and other reasons, I will the President’s defenders that im- gious misuse of power, to be sure, but a vote guilty on both Articles of Im- peachment is not necessary because specific set of actions in time. A peachment. the election is less than a year away scheme is probably the most appro- A final point, the Congress has been would be persuasive. I could under- priate description, which took place committing slow-motion institutional stand that. But the President, in this over the course of the past year. suicide for the past 70 years, abdicating matter, was attempting to undermine Article II, however, which concerns its constitutional authorities and re- that very election, and he gives every the President’s wholesale obstruction sponsibilities one by one: the war indication that he will continue to do of the impeachment process itself, goes power, effectively in the hands of the so. to the heart of Congress’s constitu- President since 1942; authority over He has expressed no understanding tionally derived power to investigate trade with other countries, superceded that he did anything wrong, let alone wrongdoing by this or any future Presi- by unilateral Presidentially imposed anything reassembling remorse. Im- dent. tariffs on friends and foes alike; and peachment is not a punishment; it is a I do not arrive at this conclusion even the power of the purse, which a prevention. The only way, unfortu- lightly. I take seriously the White supine Congress ceded to the President nately, to keep an unrepentant Presi- House counsel’s argument that there is last year, enabling him to rewrite our dent from repeating his wrongful ac- a legitimate separation of powers issue duly passed appropriations bill to sub- tions is removal. This President has here, that executive privilege is real— stitute his priorities for ours. And now made it plain that he will listen to although I have to note it was never this. nothing else. actually asserted in this case, but that The structure of our Constitution is Article I charges a clear abuse of executive privilege is real—and that based upon the bedrock principle that power, inviting foreign interference in there must be limits on Congress’s the concentration of power is dan- the upcoming election. The President ability to intrude upon the executive gerous, that power divided and shared tasked his personal attorney to work function. is the best long-term assurance of lib- with a foreign head of state to induce But in this case, despite counsel’s erty. To the extent we compromise an investigation—or just the mere an- questions about which authorizing res- that principle, give up powers the nouncement of an investigation—that olution passed when or whether the Framers bestowed upon us, and acqui- could harm one of the President’s top House should have more vigorously political rivals. pursued judicial remedies, the record is esce to the growth of an imperial Presi- And to compel the Ukrainians to do clear and is summarized in the White dency, we are failing. We are failing so, he unilaterally withheld nearly $400 House letter to the House in early Oc- our oaths, we are failing our most fun- million appropriated by Congress to tober—that the President and his ad- damental responsibility, we are failing help them fend off Russia’s naked and ministration ‘‘cannot participate’’ in the American people. relentless aggression. The President’s the impeachment process—cannot par- History may record this week as a backers claim that this was done in an ticipate. turning point in the American experi- effort to root out corruption. So why To me, it is this ongoing blanket re- ment—the day that we stepped away not use official channels? Why did he fusal to cooperate in any way—no wit- from the Framers’ vision, enabled a focus on no examples of corruption nesses, no documents, no evidence of new and unbounded Presidency, and generally other than ones directly af- any kind—that undermines the asser- made ourselves observers rather than fecting his political fortunes? And why tion that a categorical refusal, with full participants in the shaping of our did he not make public the withholding overt witness intimidation thrown in, country’s future. of funds, as the executive branch typi- was based upon any legitimate, nar- I sincerely hope I am wrong in all of cally does, when seeking to leverage rowly tailored legal or constitutional this, but I deeply fear that I am right. Federal moneys for policy goals? privilege. I yield the floor.

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.060 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S850 CONGRESSIONAL RECORD — SENATE February 4, 2020 The PRESIDING OFFICER (Ms. you are lost, someone will not only well as serve as a tourist attraction for MCSALLY). The majority leader is rec- give you directions but will offer to the Fort Myers area. ognized. drive you to your destination. I am so Today, Sun Harvest Citrus employs f deeply proud of the people of my home more than 25 Floridians and produces a State and the values that make us diverse variety of orange and grape- UNANIMOUS CONSENT AGREE- stand out from the rest of the Nation. fruit products. The store sells seasonal MENT—READING OF WASHING- Gayle and I are so deeply appreciative citrus baskets and produces up to 2,500 TON’S FAREWELL ADDRESS of your very dear friendship, your gen- gallons of juice a day. One of their Mr. MCCONNELL. Madam President, erosity to the Farmington community, most popular products is the Orange I ask unanimous consent that notwith- and your warm, welcoming hospitality. Vanilla mix soft-serve ice cream that standing the resolution of the Senate Alice, as your family and friends has become a well-known tourist stop of January 24, 1901, the traditional honor you, please know that you have for people traveling down the west reading of Washington’s Farewell Ad- provided so much happiness and wis- coast of Florida. Many of their prod- dress take place on Monday, February dom to the lives of those around you ucts are seasonal, such as Valencia or- 24, following the prayer and pledge; fur- throughout the years. It is my wish anges or Honeybell tangelos, with Sun ther, that Senator BALDWIN be recog- that the memory of your special 100th Harvest Citrus providing each seasonal nized to deliver the address. birthday remains with you just as your fruit and juice during the months they The PRESIDING OFFICER. Without guidance and influence will remain in are produced. objection, it is so ordered. all the lives you have touched. Again, In addition to their store and citrus f it is with the greatest admiration that groves, Sun Harvest Citrus has become I send to you my best wishes.∑ ADDITIONAL STATEMENTS a centerpiece in the Fort Myers com- f munity. USA Today listed Sun Harvest Citrus as one of the 10 best places to TRIBUTE TO MATTIE FLORENCE shop in the Fort Myers area. Sun Har- TRIBUTE TO ALICE PRIESTER JONES vest Citrus also distributes their juice ∑ Mr. MANCHIN. Madam President, it ∑ Mr. PAUL. Madam President, I want to local businesses and community is my distinct honor to recognize a be- to recognize Ms. Mattie Florence events. For example, in an effort to loved member of my hometown of Jones, recipient of the 2020 Dr. Martin spread Christmas cheer, Sun Harvest Farmington, WV, as well as a very dear Luther King, Jr. Freedom Award, for Citrus provided their fresh orange juice lifelong friend to me and my family: her lifetime of commitment to the to patients and families at a holiday Alice Priester, who celebrated her dream of equality so beautifully ar- event hosted by the local Fort Myers 100th birthday on February 2, 2020. ticulated by Dr. King. Her tireless civil Kiwanis at the John Hopkins All Chil- Particularly what comes to mind rights advocacy is surpassed only by dren’s Outpatient Care center. when I think of Alice is our bond with her loving commitment to her family, Sun Harvest Citrus is an excellent the coal miners of our great State. She including the dozens of foster children example of a family run business that and I have both lost loved ones to acci- who were welcomed into her Louisville is making a positive impact in their dents in the coal mines. Every day, as household. Her legacy of activism and community. I commend this Florida I fight for these brave souls who per- service are unparalleled and worthy of business for its dedication to providing form this dangerous work, I am also this special distinction.∑ great products to the community and thinking of the family members like f creating a gathering place where all Alice, who also depend on safety stand- local residents and visitors are wel- ards, fair wages, and precautions. She RECOGNIZING SUN HARVEST comed. I am proud to recognize every- and her late husband Paul have one CITRUS one at Sun Harvest Citrus, and I look son, Fred, who is also involved in the ∑ Mr. RUBIO. Madam President, as forward to seeing their continued suc- coal industry. I carry this heritage chairman of the Senate Committee on cess.∑ with me no matter where I am but es- Small Business and Entrepreneurship, pecially when I am in Washington. each week I honor a small business f The women in my life who raised me that demonstrates America’s unique MESSAGES FROM THE PRESIDENT are the most important people in the entrepreneurial spirit. I am pleased to world to me. Even those not related by recognize a business that has been a Messages from the President of the blood are considered as good as family notable member of their local commu- United States were communicated to in tight-knit communities like Farm- nity for nearly 30 years. Today, it is the Senate by Ms. Roberts, one of his ington, and Alice is an inspiration to my pleasure to name Sun Harvest Cit- secretaries. me and so many others. Having de- rus of Fort Myers, FL, as the Senate f feated cancer twice, Alice is one of the Small Business of the Week. EXECUTIVE MESSAGES REFERRED strongest, most inspirational people I Founded in 1990 by Sandy McKenzie have ever had the pleasure of calling a Nicely, Sun Harvest Citrus is known As in executive session the Presiding dear friend. When she is not cheering for their high-quality citrus products, Officer laid before the Senate messages on the WVU Mountaineers, Alice is which makes them a premiere Fort from the President of the United very involved with our church, helping Myers destination. Their produce is States submitting sundry nominations with funeral dinners and driving her sourced from citrus groves originally which were referred to the appropriate neighbors and friends to town and purchased by Sandy’s grandfather Rob- committees. church functions. She also has had a ert Edsall, Sr., in 1940. The grove, lo- (The messages received today are history of involvement with the volun- cated along the east coast of Florida printed at the end of the Senate teer fire department and fundraising, and consisting of approximately 800 proceedings.) and she treats her neighbors as family. acres of land, has passed through her f From her days working at the local family for three generations and is now mine’s company store to her retire- managed by her brother, David PRESIDENTIAL MESSAGE ment from the dining hall at Fairmont McKenzie. Sandy became inspired to State University, Alice has showcased open the Sun Harvest Citrus store in an unparalleled work ethic and zest for 1990 when the Florida citrus industry REPORT ON THE STATE OF THE life that truly represents the very best dealt with overproduction. The store UNION DELIVERED TO A JOINT of what it means to be a West Vir- became a great way to sell the surplus SESSION OF CONGRESS ON FEB- ginian. citrus from the groves, while offering a RUARY 4, 2020—PM 43 Alice while you weren’t born here, location for customers to gather. Since The PRESIDING OFFICER laid be- you certainly are a West Virginian in 1990, they have expanded their products fore the Senate the following message your heart and soul. In West Virginia, to offer several different types of citrus from the President of the United if you are hungry, you will be fed. If produce, juices, candies, and sweets, as States, together with an accompanying

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.063 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S851 report; which was ordered to lie on the would not now be witness to America’s his house, and his family—he was table: great economic success. homeless. But then Tony found a con- The unemployment rates for African- struction company that invests in Op- To the Congress of the United States: Madam Speaker, Mr. Vice President, Americans, Hispanic-Americans, and portunity Zones. He is now a top Members of Congress, the First Lady of Asian-Americans have reached the low- tradesman, drug-free, reunited with his the United States, and my fellow citi- est levels in history. African-American family, and he is here tonight. Tony: zens: youth unemployment has reached an Keep up the great work. Three years ago, we launched the all-time low. Our roaring economy has, for the great American comeback. Tonight, I African-American poverty has de- first time ever, given many former stand before you to share the incred- clined to the lowest rate ever recorded. prisoners the ability to get a great job ible results. Jobs are booming, incomes The unemployment rate for women and a fresh start. This second chance are soaring, poverty is plummeting, reached the lowest level in almost 70 at life is made possible because we crime is falling, confidence is surging, years—and last year, women filled 72 passed landmark Criminal Justice Re- and our country is thriving and highly percent of all new jobs added. form into law. Everybody said that respected again! America’s enemies are The veterans’ unemployment rate Criminal Justice Reform could not be on the run, America’s fortunes are on dropped to a record low. done, but I got it done, and the people the rise, and America’s future is blaz- The unemployment rate for disabled in this room got it done. ing bright. Americans has reached an all-time low. Thanks to our bold regulatory reduc- The years of economic decay are Workers without a high school dition campaign, the United States has over. The days of our country being ploma have achieved the lowest unem- become the number one producer of oil used, taken advantage of, and even ployment rate recorded in United and natural gas in the world, by far. scorned by other nations are long be- States history. With the tremendous progress we have hind us. Gone too are the broken prom- A record number of young Americans made over the past 3 years, America is ises, jobless recoveries, tired plati- are now employed. now energy independent, and energy Under the last administration, more tudes, and constant excuses for the de- jobs, like so many elements of our than 10 million people were added to pletion of American wealth, power, and country, are at a record high. We are the food stamp rolls. Under my Admin- prestige. doing numbers that no one would have In just 3 short years, we have shat- istration, 7 million Americans have thought possible just 3 years ago. tered the mentality of American de- come off of food stamps, and 10 million Likewise, we are restoring our Na- cline, and we have rejected the people have been lifted off of welfare. tion’s manufacturing might, even downsizing of America’s destiny. We In 8 years under the last administra- though predictions were that this could are moving forward at a pace that was tion, over 300,000 working-age people never be done. After losing 60,000 fac- unimaginable just a short time ago, dropped out of the workforce. In just 3 tories under the previous two adminis- and we are never going back! years of my Administration, 3.5 million trations, America has now gained 12,000 I am thrilled to report to you tonight working-age people have joined the new factories under my Administration that our economy is the best it has workforce. with thousands upon thousands of ever been. Our military is completely Since my election, the net worth of plants and factories being planned or rebuilt, with its power being un- the bottom half of wage-earners has in- built. We have created over half a mil- matched anywhere in the world—and it creased by 47 percent—3 times faster lion new manufacturing jobs. Compa- is not even close. Our borders are se- than the increase for the top 1 percent. nies are not leaving; they are coming cure. Our families are flourishing. Our After decades of flat and falling in- back. Everybody wants to be where the values are renewed. Our pride is re- comes, wages are rising fast—and, won- action is, and the United States of stored. And for all these reasons, I say derfully, they are rising fastest for low- America is, indeed, where the action is. to the people of our great country, and income workers, who have seen a 16 One of the single biggest promises I to the Members of Congress before me: percent pay-increase since my election. made to the American people was to re- The State of our Union is stronger than This is a blue collar boom. place the disastrous NAFTA trade deal. ever before! Real median household income is In fact, unfair trade is perhaps the sin- The vision I will lay out this evening now at the highest level ever recorded! gle biggest reason that I decided to run demonstrates how we are building the Since my election, United States for President. Following NAFTA’s world’s most prosperous and inclusive stock markets have soared 70 percent, adoption, our Nation lost one in four society—one where every citizen can adding more than $12 trillion to our manufacturing jobs. Many politicians join in America’s unparalleled success, Nation’s wealth, transcending any- came and went, pledging to change or and where every community can take thing anyone believed was possible— replace NAFTA—only to do absolutely part in America’s extraordinary rise. this, as other countries are not doing nothing. But unlike so many who came From the instant I took office, I well. Consumer confidence has reached before me, I keep my promises. Six moved rapidly to revive the United amazing new heights. days ago, I replaced NAFTA and signed States economy—slashing a record All of those millions of people with the brand new United States-Mexico- number of jobkilling regulations, en- 40l(k)s and pensions are doing far bet- Canada Agreement (USMCA) into law. acting historic and record-setting tax ter than they have ever done before The USMCA will create nearly 100,000 cuts, and fighting for fair and recip- with increases of 60, 70, 80, 90, and even new high-paying American auto jobs, rocal trade agreements. Our agenda is 100 percent. and massively boost exports for our relentlessly pro-worker, pro-family, Jobs and investment are pouring into farmers, ranchers, and factory workers. pro-growth, and, most of all, pro-Amer- 9,000 previously-neglected neighbor- It will also bring trade with Mexico ican. We are advancing with unbridled hoods thanks to Opportunity Zones, a and Canada to a much higher degree, optimism and lifting high our citizens plan spearheaded by Senator TIM SCOTT but also to a much greater level of fair- of every race, color, religion, and creed. as part of our great Republican tax ness and reciprocity. This is the first Since my election, we have created 7 cuts. In other words, wealthy people major trade deal in many years to earn million new jobs—5 million more than and companies are pouring money into the strong backing of America’s labor Government experts projected during poor neighborhoods or areas that have unions. the previous administration. not seen investment in many decades, I also promised our citizens that I The unemployment rate is the lowest creating jobs, energy, and excitement. would impose tariffs to confront Chi- in over half a century. This is the first time that these deserv- na’s massive theft of American jobs. Incredibly, the average unemploy- ing communities have seen anything Our strategy worked. Days ago, we ment rate under my Administration is like this. It is all working! signed the groundbreaking new agree- lower than any administration in the Opportunity Zones are helping Amer- ment with China that will defend our history of our country. If we had not icans like Army Veteran Tony Rankins workers, protect our intellectual prop- reversed the failed economic policies of from Cincinnati, Ohio. After struggling erty, bring billions of dollars into our the previous administration, the world with drug addiction, Tony lost his job, treasury, and open vast new markets

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.046 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S852 CONGRESSIONAL RECORD — SENATE February 4, 2020 for products made and grown right here Tuskegee Airmen—the first black love and profound care for America’s in the United States of America. For fighter pilots—and he also happens to children. decades, China has taken advantage of be Iain’s great-grandfather. After more My Administration is determined to the United States, now we have than 130 combat missions in World War give our citizens the opportunities they changed that but, at the same time, we II, he came back to a country still need regardless of age or background. have perhaps the best relationship we struggling for Civil Rights and went on Through our Pledge to American Work- have ever had with China, including to serve America in Korea and Viet- ers, over 400 companies will also pro- with President Xi. They respect what nam. On December 7th, Charles cele- vide new jobs and education opportuni- we have done because, quite frankly, brated his 100th birthday. A few weeks ties to almost 15 million Americans. they could never believe what they ago, I signed a bill promoting Charles My Budget also contains an exciting were able to get away with year after McGee to Brigadier General. And ear- vision for our Nation’s high schools. year, decade after decade, without lier today, I pinned the stars on his Tonight, I ask the Congress to support someone in our country stepping up shoulders in the Oval Office. General our students and back my plan to offer and saying: Enough. Now, we want to McGee: Our Nation salutes you. vocational and technical education in rebuild our country, and that is what From the pilgrims to our Founders, every single high school in America. we are doing. from the soldiers at Valley Forge to To expand equal opportunity, I am As we restore American leadership the marchers at Selma, and from Presi- also proud that we achieved record and throughout the world, we are once dent Lincoln to the Reverend Dr. Mar- permanent funding for our Nation’s again standing up for freedom in our tin Luther King, Jr., Americans have Historically Black Colleges and Uni- hemisphere. That is why my Adminis- always rejected limits on our children’s versities. tration reversed the failing policies of future. A good life for American families the previous administration on Cuba. Members of Congress, we must never also requires the most affordable, inno- We are supporting the hopes of Cubans, forget that the only victories that mat- vative, and high-quality healthcare Nicaraguans, and Venezuelans to re- ter in Washington are victories that system on Earth. Before I took office, store democracy. The United States is deliver for the American people. The health insurance premiums had more leading a 59-nation diplomatic coali- people are the heart of our country, than doubled in just 5 years. I moved tion against the socialist dictator of their dreams are the soul of our coun- quickly to provide affordable alter- Venezuela, Nicola´ s Maduro. Maduro is try, and their love is what powers and natives. Our new plans are up to 60 per- an illegitimate ruler, a tyrant who bru- sustains our country. We must always cent less expensive. I have also made talizes his people. But Maduro’s grip of remember that our job is to put Amer- an ironclad pledge to American fami- tyranny will be smashed and broken. ica first! lies: We will always protect patients Here this evening is a man who carries The next step forward in building an with pre-existing conditions—that is a with him the hopes, dreams, and aspi- inclusive society is making sure that guarantee. And we will always protect rations of all Venezuelans. Joining us every young American gets a great your Medicare and your Social Secu- in the gallery is the true and legiti- education and the opportunity to rity. mate President of Venezuela, Juan achieve the American Dream. Yet, for The American patient should never Guaido´ . Mr. President, please take this too long, countless American children be blindsided by medical bills. That is message back to your homeland. All have been trapped in failing govern- why I signed an Executive Order re- Americans are united with the Ven- ment schools. To rescue these students, quiring price transparency. Many ex- ezuelan people in their righteous strug- 18 States have created school choice in perts believe that transparency, which gle for freedom! Socialism destroys na- the form of Opportunity Scholarships. will go into full effect at the beginning tions. But always remember, freedom The programs are so popular, that tens of next year, will be even bigger than unifies the soul. of thousands of students remain on healthcare reform. It will save families To safeguard American Liberty, we waiting lists. One of those students is massive amounts of money for substan- have invested a record-breaking $2.2 Janiyah Davis, a fourth grader from tially better care. trillion in the United States Military. Philadelphia. Janiyah’s mom Steph- But as we work to improve Ameri- We have purchased the finest planes, anie is a single parent. She would do cans’ healthcare, there are those who missiles, rockets, ships, and every anything to give her daughter a better want to take away your healthcare, other form of military equipment—all future. But last year, that future was take away your doctor, and abolish pri- made in the United States of America. put further out of reach when Penn- vate insurance entirely. One hundred We are also finally getting our allies to sylvania’s Governor vetoed legislation thirty-two lawmakers in this room help pay their fair share. I have raised to expand school choice for 50,000 chil- have endorsed legislation to impose a contributions from the other NATO dren. socialist takeover of our healthcare members by more than $400 billion, and Janiyah and Stephanie are in the gal- system, wiping out the private health the number of allies meeting their lery this evening. But there is more to insurance plans of 180 million Ameri- minimum obligations has more than their story. Janiyah, I am pleased to cans. To those watching at home to- doubled. inform you that your long wait is over. night, I want you to know: We will And just weeks ago, for the first time I can proudly announce tonight that an never let socialism destroy American since President Truman established the Opportunity Scholarship has become healthcare! Air Force more than 70 years earlier, available, it is going to you, and you Over 130 legislators in this chamber we created a new branch of the United will soon be heading to the school of have endorsed legislation that would States Armed Forces, the Space Force. your choice! bankrupt our Nation by providing free In the gallery tonight, we have one of Now, I call on the Congress to give 1 taxpayer-funded healthcare to millions the Space Force’s youngest potential million American children the same of illegal aliens, forcing taxpayers to recruits: 13-year-old Iain Lanphier, an opportunity Janiyah has just received. subsidize free care for anyone in the eighth grader from Arizona. Iain has Pass the Education Freedom Scholar- world who unlawfully crosses our bor- always dreamed of going to space. He ships and Opportunity Act—because no ders. These proposals would raid the was first in his class and among the parent should be forced to send their Medicare benefits our seniors depend youngest at an aviation academy. He child to a failing government school. on, while acting as a powerful lure for aspires to go to the Air Force Acad- Every young person should have a illegal immigration. This is what is emy, and then, he has his eye on the safe and secure environment in which happening in California and other Space Force. As Iain says, ‘‘most peo- to learn and grow. For this reason, our States—their systems are totally out ple look up at space, I want to look magnificent First Lady has launched of control, costing taxpayers vast and down on the world.’’ the ‘‘Be Best’’ initiative—to advance a unaffordable amounts of money. If Sitting beside Iain tonight is his safe, healthy, supportive, and drug-free forcing American taxpayers to provide great hero. Charles McGee was born in life for the next generation, online, in unlimited free healthcare to illegal Cleveland, Ohio, one century ago. school, and in our communities. Thank aliens sounds fair to you, then stand Charles is one of the last surviving you, Melania, for your extraordinary with the radical left. But if you believe

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.047 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S853 that we should defend American pa- nounce tonight that you will be receiv- speed internet, including rural Amer- tients and American seniors, then ing our country’s highest civilian ica. stand with me and pass legislation to honor, the Presidential Medal of Free- A better tomorrow for all Americans prohibit free Government healthcare dom. I will now ask the First Lady of also requires us to keep America safe. for illegal aliens! the United States to please stand and That means supporting the men and This will be a tremendous boon to present you with the honor. Rush, women of law enforcement at every our already very-strongly guarded Kathryn, congratulations! level, including our Nation’s heroic ICE southern border where, as we speak, a As we pray for all who are sick, we officers. long, tall, and very powerful wall is know that America is constantly Last year, our brave ICE officers ar- being built. We have now completed achieving new medical breakthroughs. rested more than 120,000 criminal over 100 miles and will have over 500 In 2017, doctors at St. Luke’s hospital aliens charged with nearly 10,000 bur- miles fully completed by early next in Kansas City delivered one of the ear- glaries, 5,000 sexual assaults, 45,000 vio- year. liest premature babies ever to survive. lent assaults, and 2,000 murders. My Administration is also taking on Born at just 21 weeks and 6 days, and Tragically, there are many cities in the big pharmaceutical companies. We weighing less than a pound, Ellie America where radical politicians have have approved a record number of af- Schneider was born a fighter. Through chosen to provide sanctuary for these fordable generic drugs, and medicines the skill of her doctors—and the pray- criminal illegal aliens. In Sanctuary are being approved by the FDA at a ers of her parents—little Ellie kept on Cities, local officials order police to re- faster clip than ever before. I was winning the battle for life. Today, Ellie lease dangerous criminal aliens to prey pleased to announce last year that, for is a strong, healthy 2-year-old girl sit- upon the public, instead of handing the first time in 51 years, the cost of ting with her amazing mother Robin in them over to ICE to be safely removed. prescription drugs actually went down. the gallery. Ellie and Robin: We are so Just 29 days ago, a criminal alien And working together, the Congress glad you are here. freed by the Sanctuary City of New can reduce drug prices substantially Ellie reminds us that every child is a York was charged with the brutal rape from current levels. I have been speak- miracle of life. Thanks to modern med- and murder of a 92-year-old woman. ing to Senator CHUCK GRASSLEY of ical wonders, 50 percent of very pre- The killer had been previously arrested Iowa and others in the Congress in mature babies delivered at the hospital for assault, but under New York’s sanc- order to get something on drug pricing where Ellie was born now survive. Our tuary policies, he was set free. If the done, and done properly. I am calling goal should be to ensure that every city had honored ICE’s detainer re- for bipartisan legislation that achieves baby has the best chance to thrive and quest, his victim would be alive today. the goal of dramatically lowering pre- grow just like Ellie. That is why I am The State of California passed an scription drug prices. Get a bill to my asking the Congress to provide an addi- outrageous law declaring their whole desk, and I will sign it into law with- tional $50 million to fund neo-natal re- State to be a sanctuary for criminal il- out delay. search for America’s youngest pa- legal immigrants—with catastrophic With unyielding commitment, we are tients. That is also why I am calling results. curbing the opioid epidemic—drug upon the Members of Congress here to- Here is just one tragic example. In overdose deaths declined for the first night to pass legislation finally ban- December 2018, California police de- time in nearly 30 years. Among the ning the late-term abortion of babies. tained an illegal alien with five prior States hardest hit, Ohio is down 22 per- Whether we are Republican, Democrat, arrests, including convictions for rob- cent, Pennsylvania is down 18 percent, or Independent, surely we must all bery and assault. But as required by Wisconsin is down 10 percent—and we agree that every human life is a sacred California’s Sanctuary Law, local au- will not quit until we have beaten the gift from God! thorities released him. opioid epidemic once and for all. As we support America’s moms and Days later, the criminal alien went Protecting Americans’ health also dads, I was recently proud to sign the on a gruesome spree of deadly violence. means fighting infectious diseases. We law providing new parents in the Fed- He viciously shot one man going about are coordinating with the Chinese gov- eral workforce paid family leave, serv- his daily work; he approached a woman ernment and working closely together ing as a model for the rest of the coun- sitting in her car and shot her in the on the Coronavirus outbreak in China. try. Now, I call on the Congress to pass arm and the chest. He walked into a My Administration will take all nec- the bipartisan Advancing Support for convenience store and wildly fired his essary steps to safeguard citizens from Working Families Act, extending fam- weapon. He hijacked a truck and this threat. ily leave to mothers and fathers all smashed into vehicles, critically injur- We have launched ambitious new ini- across the Nation. ing innocent victims. One of the vic- tiatives to substantially improve care Forty million American families tims of his bloody rampage was a 51- for Americans with kidney disease, have an average $2,200 extra thanks to year-old American named Rocky Alzheimer’s, and those struggling with our child tax credit. I have also over- Jones. Rocky was at a gas station when mental health challenges. And because seen historic funding increases for this vile criminal fired eight bullets at the Congress funded my request, we are high-quality childcare, enabling 17 him from close range, murdering him pursuing new cures for childhood can- States to serve more children, many of in cold blood. Rocky left behind a de- cer, and we will eradicate the AIDS which have reduced or eliminated their voted family, including his brothers epidemic in America by the end of the waitlists altogether. And I sent the who loved him more than anything. decade. Congress a plan with a vision to fur- One of his grieving brothers is here Almost every American family ther expand access to high-quality with us tonight. Jody, would you knows the pain when a loved one is di- childcare and urge you to act imme- please stand? Jody, our hearts weep for agnosed with a serious illness. Here to- diately. your loss—and we will not rest until night is a special man, someone be- To protect the environment, days you have justice. loved by millions of Americans who ago, I announced that the United Senator THOM TILLIS has introduced just received a Stage 4 advanced cancer States will join the One Trillion Trees legislation to allow Americans like diagnosis. This is not good news, but Initiative, an ambitious effort to bring Jody to sue Sanctuary Cities and what is good news is that he is the together Government and the private States when a loved one is hurt or greatest fighter and winner that you sector to plant new trees in America killed as a result of these deadly poli- will ever meet. Rush Limbaugh: Thank and around the world. cies. I ask the Congress to pass the you for your decades of tireless devo- We must also rebuild America’s in- Justice for Victims of Sanctuary Cities tion to our country. Rush, in recogni- frastructure. I ask you to pass Senator Act immediately. The United States of tion of all that you have done for our BARRASSO’s highway bill—to invest in America should be a sanctuary for law- Nation, the millions of people a day new roads, bridges, and tunnels across abiding Americans—not criminal that you speak to and inspire, and all our land. aliens! of the incredible work that you have I am also committed to ensuring that In the last 3 years, ICE has arrested done for charity, I am proud to an- every citizen can have access to high- over 5,000 wicked human traffickers—

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.049 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S854 CONGRESSIONAL RECORD — SENATE February 4, 2020 and I have signed 9 pieces of legislation tier, America’s manifest destiny in the Sergeant Hake now rests in eternal to stamp out the menace of human stars. I am asking the Congress to fully glory in Arlington, and his wife Kelli is trafficking, domestically and around fund the Artemis program to ensure in the gallery tonight, joined by their the globe. that the next man and the first woman son, who is now 13 years old. To Kelli My Administration has undertaken on the moon will be American astro- and Gage: Chris will live in our hearts an unprecedented effort to secure the nauts—using this as a launching pad to forever. southern border of the United States. ensure that America is the first nation The terrorist responsible for killing Before I came into office, if you to plant its flag on Mars. Sergeant Hake was Qasem Soleimani, showed up illegally on our southern My Administration is also strongly who provided the deadly roadside bomb border and were arrested, you were defending our national security and that took Chris’s life. Soleimani was simply released and allowed into our combating radical Islamic terrorism. the Iranian Regime’s most ruthless country, never to be seen again. My Last week, I announced a butcher, a monster who murdered or Administration has ended Catch-and- groundbreaking plan for peace between wounded thousands of American serv- Release. If you come illegally, you will Israel and the Palestinians. Recog- ice members in Iraq. As the world’s top now be promptly removed. We entered nizing that all past attempts have terrorist, Soleimani orchestrated the into historic cooperation agreements failed, we must be determined and cre- deaths of countless men, women, and with the Governments of Mexico, Hon- ative in order to stabilize the region children. He directed the December as- duras, El Salvador, and Guatemala. As and give millions of young people the sault on United States Forces in Iraq, a result of our unprecedented efforts, change to realize a better future. and was actively planning new attacks. illegal crossings are down 75 percent Three years ago, the barbarians of That is why, last month, at my direc- since May—dropping 8 straight months ISIS held over 20,000 square miles of tion, the United States Military exe- in a row. And as the wall goes up, drug territory in Iraq and Syria. Today, the cuted a flawless precision strike that seizures rise, and border crossings go ISIS territorial caliphate has been 100 killed Soleimani and terminated his down. percent destroyed, and the founder and evil reign of terror forever. Last year, I traveled to the border in leader of ISIS—the bloodthirsty killer Our message to the terrorists is Texas and met Chief Patrol Agent Raul Al-Baghdadi—is dead! clear: You will never escape American Ortiz. Over the last 24 months, Agent We are joined this evening by Carl justice. If you attack our citizens, you Ortiz and his team have seized more and Marsha Mueller. After graduating forfeit your life! than 200,000 pounds of poisonous nar- from college, their beautiful daughter In recent months, we have seen proud cotics, arrested more than 3,000 human Kayla became a humanitarian aid Iranians raise their voices against smugglers, and rescued more than 2,000 worker. Kayla once wrote, ‘‘Some peo- their oppressive rulers. The Iranian re- migrants. Days ago, Agent Ortiz was ple find God in church. Some people gime must abandon its pursuit of nu- promoted to Deputy Chief of Border find God in nature. Some people find clear weapons, stop spreading terror, Patrol—and he joins us tonight. Chief God in love; I find God in suffering. I’ve death, and destruction, and start work- Ortiz: Please stand—a grateful Nation known for some time what my life’s ing for the good of its own people. Be- thanks you and all the heroes of Border work is, using my hands as tools to re- cause of our powerful sanctions, the Patrol. lieve suffering.’’ In 20l3, while caring Iranian economy is doing very poorly. To build on these historic gains, we for suffering civilians in Syria, Kayla We can help them make it very good in are working on legislation to replace was kidnapped, tortured, and enslaved a short period of time, but perhaps our outdated and randomized immigra- by ISIS, and kept as a prisoner of Al- they are too proud or too foolish to ask tion system with one based on merit, Baghdadi himself. After more than 500 for that help. We are here. Let’s see welcoming those who follow the rules, horrifying days of captivity, Al- which road they choose. It is totally up contribute to our economy, support Baghdadi murdered young Kayla. She to them. themselves financially, and uphold our was just 26 years old. values. On the night that United States Spe- As we defend American lives, we are With every action, my Administra- cial Forces Operators ended Al- working to end America’s wars in the tion is restoring the rule of law and re- Baghdadi’s miserable life, the Chair- Middle East. asserting the culture of American free- man of the Joint Chiefs of Staff, Gen- In Afghanistan, the determination dom. Working with Senate Majority eral Mark Milley, received a call in the and valor of our warfighters has al- Leader MCCONNELL and his colleagues Situation Room. He was told that the lowed us to make tremendous progress, in the Senate, we have confirmed a brave men of the elite Special Forces and peace talks are underway. I am not record number of 187 new Federal team, that so perfectly carried out the looking to kill hundreds of thousands judges to uphold our Constitution as operation, had given their mission a of people in Afghanistan, many of them written. This includes two brilliant name—‘‘Task Force 8–14.’’ It was a ref- innocent. It is also not our function to new Supreme Court Justices, Neil erence to a special day: August 14th— serve other nations as a law enforce- Gorsuch, and Brett Kavanaugh. Kayla’s birthday. Carl and Marsha, ment agency. These are warfighters, My Administration is also defending America’s warriors never forgot the best in the world, and they either religious liberty, and that includes the Kayla—and neither will we. want to fight to win or not fight at all. Constitutional right to pray in public Every day, America’s men and We are working to finally end Amer- schools. In America, we do not punish women in uniform demonstrate the in- ica’s longest war and bring our troops prayer. We do not tear down crosses. finite depths of love that dwells in the back home! We do not ban symbols of faith. We do human heart. War places a heavy burden on our Na- not muzzle preachers and pastors. In One of these American heroes was tion’s extraordinary military families, America, we celebrate faith. We cher- Army Staff Sergeant Christopher especially spouses like Amy Williams ish religion. We lift our voices in pray- Hake. On his second deployment to from Fort Bragg, North Carolina, and er, and we raise our sights to the Glory Iraq in 2008, Sergeant Hake wrote a let- her 2 children—6-year-old Elliana and of God! ter to his 1-year-old son, Gage: ‘‘I will 3-year-old Rowan. Amy works full Just as we believe in the First be with you again,’’ he wrote to Gage. time, and volunteers countless hours Amendment, we also believe in another ‘‘I will teach you to ride your first helping other military families. For Constitutional right that is under siege bike, build your first sand box, watch the past 7 months, she has done it all all across our country. So long as I am you play sports and see you have kids while her husband, Sergeant First President I will always protect your also. I love you son, take care of your Class Townsend Williams, is in Afghan- Second Amendment right to keep and mother. I am always with you. Dad.’’ istan on his fourth deployment to the bear arms. On Easter Sunday of 2008, Chris was Middle East. Amy’s kids have not seen In reaffirming our heritage as a free out on patrol in Baghdad when his their father’s face in many months. Nation, we must remember that Amer- Bradley Fighting Vehicle was hit by a Amy, your family’s sacrifice makes it ica has always been a frontier nation. roadside bomb. That night, he made possible for all of our families to live in Now we must embrace the next fron- the ultimate sacrifice for our country. safety and peace—we thank you.

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.050 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S855 But Amy, there is one more thing. Mrs. Cole, one of its reading clerks, an- Environmental Protection Agency, transmit- Tonight, we have a very special sur- nounced that pursuant to section 201(b) ting, pursuant to law, the report of a rule en- prise. I am thrilled to inform you that of the International Religious Freedom titled ‘‘Prohexadione Calcium; Pesticide Tol- your husband is back from deployment, erances’’ (FRL No. 10003–04–OCSPP) received Act of 1998 (22 U.S.C. 6431), and the in the Office of the President of the Senate he is here with us tonight, and we order of the House of January 3, 2019, on February 3, 2020; to the Committee on Ag- could not keep him waiting any longer. the Speaker appoints the following in- riculture, Nutrition, and Forestry. America proudly welcomes home Ser- dividual on the part of the House of EC–3893. A communication from the Direc- geant Townsend Williams! Representatives to the Commission on tor of the Regulatory Management Division, As the world bears witness tonight, International Religious Freedom for a Environmental Protection Agency, transmit- America is a land of heroes. This is the term ending on May 14, 2020, to fill the ting, pursuant to law, the report of a rule en- place where greatness is born, where titled ‘‘Propanamide, 2-hydroxy-N, N-di- existing vacancy thereon: Dr. James W. methyl-; Exemption from the Requirement destinies are forged, and where legends Carr of Searcy, Arkansas, to succeed come to life. This is the home of Thom- of a Tolerance’’ (FRL No. 10003–07–OCSPP) Ms. Kristina Arriaga of Alexandria, received in the Office of the President of the as Edison and Teddy Roosevelt, of Virginia. Senate on February 3, 2020; to the Com- many great Generals, including Wash- The message further announced that mittee on Agriculture, Nutrition, and For- ington, Pershing, Patton, and Mac- pursuant to 22 U.S.C. 7002, the Minority estry. Arthur. This is the home of Abraham Leader appoints the following member EC–3894. A communication from the Direc- tor of the Regulatory Management Division, Lincoln, Frederick Douglass, Amelia to the United States-China Economic Earhart, Harriet Tubman, the Wright Environmental Protection Agency, transmit- and Security Review Commission: Mr. Brothers, Neil Armstrong, and so many ting, pursuant to law, the report of a rule en- Robert Borochoff of Houston, Texas. more. This is the country where chil- titled ‘‘Flutrafol; Pesticide Tolerances’’ The message also announced that (FRL No. 10004–03–OCSPP) received in the Of- dren learn names like Wyatt Earp, pursuant to 44 U.S.C. 2702, the Minority fice of the President of the Senate on Feb- Davy Crockett, and Annie Oakley. This ruary 3, 2020; to the Committee on Agri- is the place where the pilgrims landed Leader appoints the following member to the Advisory Committee on the culture, Nutrition, and Forestry. at Plymouth and where Texas patriots EC–3895. A communication from the Sec- made their last stand at the Alamo. Records of Congress: Mr. Gunter retary of the Treasury, transmitting, pursu- The American Nation was carved out Waibel of Oakland, California. ant to law, the six-month periodic report on of the vast frontier by the toughest, f the national emergency with respect to Mali strongest, fiercest, and most deter- that was declared in Executive Order 13882 of EXECUTIVE AND OTHER July 26, 2019; to the Committee on Banking, mined men and women ever to walk COMMUNICATIONS Housing, and Urban Affairs. the face of the Earth. Our ancestors The following communications were EC–3896. A communication from the Direc- braved the unknown; tamed the wilder- tor, Bureau of Consumer Financial Protec- ness; settled the Wild West; lifted mil- laid before the Senate, together with tion, transmitting, pursuant to law, a report lions from poverty, disease, and hun- accompanying papers, reports, and doc- entitled ‘‘Bureau of Consumer Financial Pro- ger; vanquished tyranny and fascism; uments, and were referred as indicated: tection Fiscal Year 2020: Annual Perform- ushered the world to new heights of EC–3887. A communication from the Direc- ance Plan and Report, and Budget Over- science and medicine; laid down the tor of the Regulatory Management Division, view’’; to the Committee on Banking, Hous- Environmental Protection Agency, transmit- ing, and Urban Affairs. railroads, dug out canals, raised up the EC–3897. A communication from the Sec- skyscrapers—and, ladies and gentle- ting, pursuant to law, the report of a rule entitled ‘‘Acetamiprid; Pesticide Tolerances’’ retary of the Treasury, transmitting, pursu- men, our ancestors built the most ex- (FRL No. 10004–12–OCSPP) received in the Of- ant to law, a six-month periodic report on ceptional Republic ever to exist in all fice of the President of the Senate on Feb- the national emergency with respect to of human history. And we are making ruary 3, 2020; to the Committee on Agri- Libya that was originally declared in Execu- it greater than ever before! culture, Nutrition, and Forestry. tive Order 13566 of February 25, 2011; to the This is our glorious and magnificent EC–3888. A communication from the Direc- Committee on Banking, Housing, and Urban inheritance. tor of the Regulatory Management Division, Affairs. We are Americans. We are the pio- Environmental Protection Agency, transmit- EC–3898. A communication from the Direc- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- neers. We are the pathfinders. We set- Environmental Protection Agency, transmit- titled ‘‘Chlorfenapyr; Pesticide Tolerances’’ tled the new world, we built the mod- ting, pursuant to law, the report of a rule en- (FRL No. 10004–05–OCSPP) received in the Of- ern world, and we changed history for- titled ‘‘Air Plan Approval; Connecticut; fice of the President of the Senate on Feb- ever by embracing the eternal truth Transport State Implementation Plan for ruary 3, 2020; to the Committee on Agri- that everyone is made equal by the the 2008 Ozone Standard’’ (FRL No. 10004–95– culture, Nutrition, and Forestry. Region 1) received in the Office of the Presi- hand of Almighty God. EC–3889. A communication from the Direc- dent of the Senate on February 3, 2020; to the America is the place where anything tor of the Regulatory Management Division, Committee on Environment and Public can happen! America is the place where Environmental Protection Agency, transmit- anyone can rise. And here, on this land, Works. ting, pursuant to law, the report of a rule en- EC–3899. A communication from the Direc- on this soil, on this continent, the titled ‘‘Cyantraniliprole; Pesticide Toler- tor of the Regulatory Management Division, most incredible dreams come true! ances’’ (FRL No. 10004–23–OCSPP) received in Environmental Protection Agency, transmit- This Nation is our canvas, and this the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- country is our masterpiece. We look at February 3, 2020; to the Committee on Agri- titled ‘‘Air Plan Approval; Ohio; Prevention tomorrow and see unlimited frontiers culture, Nutrition, and Forestry. of Significant Deterioration Greenhouse Gas just waiting to be explored. Our bright- EC–3890. A communication from the Direc- Tailoring Rule’’ (FRL No. 10005–04–Region 5) est discoveries are not yet known. Our tor of the Regulatory Management Division, received in the Office of the President of the Environmental Protection Agency, transmit- most thrilling stories are not yet told. Senate on February 3, 2020; to the Com- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. Our grandest journeys are not yet titled ‘‘Difenoconazole; Pesticide Toler- EC–3900. A communication from the Direc- made. The American Age, the Amer- ances’’ (FRL No. 10002–06–OCSPP) received in tor of the Regulatory Management Division, ican Epic, the American Adventure, the Office of the President of the Senate on Environmental Protection Agency, transmit- has only just begun! February 3, 2020; to the Committee on Agri- ting, pursuant to law, the report of a rule en- Our spirit is still young; the sun is culture, Nutrition, and Forestry. titled ‘‘Air Plan Approval; Texas; Houston- still rising; God’s grace is still shining; EC–3891. A communication from the Direc- Galveston-Brazoria Area Redesignation and and my fellow Americans, the best is tor of the Regulatory Management Division, Maintenance Plan for Revoked Ozone Na- yet to come! Environmental Protection Agency, transmit- tional Ambient Air Quality Standards; Sec- Thank you. God Bless You. God Bless ting, pursuant to law, the report of a rule en- tion 185 Fee Program’’ (FRL No. 10004–70–Re- America. titled ‘‘Ethylenebis(oxyethylene) Bis[3-(5- gion 6) received in the Office of the President Tert-butyl-4-hydroxy-M-tolyl) propionate]; of the Senate on February 3, 2020; to the DONALD J. TRUMP. Exemption from the Requirement of a Toler- Committee on Environment and Public THE WHITE HOUSE, February 4, 2020. ance’’ (FRL No. 10002–96–OCSPP) received in Works. f the Office of the President of the Senate on EC–3901. A communication from the Direc- MESSAGE FROM THE HOUSE February 3, 2020; to the Committee on Agri- tor of the Regulatory Management Division, culture, Nutrition, and Forestry. Environmental Protection Agency, transmit- At 12:57 p.m., a message from the EC–3892. A communication from the Direc- ting, pursuant to law, the report of a rule en- House of Representatives, delivered by tor of the Regulatory Management Division, titled ‘‘Air Plan Approval; Texas; Revisions

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.052 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S856 CONGRESSIONAL RECORD — SENATE February 4, 2020 to Control of Air Pollution by Permits for EC–3911. A communication from the Sec- to the Committee on Commerce, Science, New Construction or Modification’’ (FRL No. retary of the Federal Maritime Commission, and Transportation. 10004–67–Region 6) received in the Office of transmitting, pursuant to law, the report of EC–3919. A communication from the Man- the President of the Senate on February 3, a rule entitled ‘‘Inflation Adjustment of agement and Program Analyst, Federal 2020; to the Committee on Environment and Civil Monetary Penalties’’ (RIN3072–AC79) Aviation Administration, Department of Public Works. received during adjournment of the Senate Transportation, transmitting, pursuant to EC–3902. A communication from the Direc- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Amend- tor of the Regulatory Management Division, on January 31, 2020; to the Committee on ment and Establishment of Multiple Air Environmental Protection Agency, transmit- Commerce, Science, and Transportation. Traffic Service (ATS) Routes in the Vicinity ting, pursuant to law, the report of a rule en- EC–3912. A communication from the Man- of Houston, TX’’ ((RIN2120–AA66) (Docket titled ‘‘Approval and Promulgation of Air agement and Program Analyst, Federal No. FAA–2018–0817)) received in the Office of Quality Implementation Plans; District of Aviation Administration, Department of the President of the Senate on January 30, Columbia; Reasonably Available Control Transportation, transmitting, pursuant to 2020; to the Committee on Commerce, Technology State Implementation Plan for law, the report of a rule entitled ‘‘Amend- Science, and Transportation. Nitrogen Oxides Under the 2008 Ozone Na- ment of VOR Federal Airways V–148, V–177, EC–3920. A communication from the Man- tional Ambient Air Quality Standard’’ (FRL and V–345 in the Vicinity of Ely, MN, and agement and Program Analyst, Federal No. 10004–84–Region 3) received in the Office Hayward, WI’’ ((RIN2120–AA66) (Docket No. Aviation Administration, Department of of the President of the Senate on February 3, FAA–2019–0476)) received in the Office of the Transportation, transmitting, pursuant to 2020; to the Committee on Environment and President of the Senate on January 30, 2020; law, the report of a rule entitled ‘‘Revoca- Public Works. to the Committee on Commerce, Science, tion of VHF Omnidirectional Range (VOR) EC–3903. A communication from the Direc- and Transportation. Federal Airway V–369 Due to the Decommis- tor of the Regulatory Management Division, EC–3913. A communication from the Man- sioning of the Groesbeck, TX, VOR’’ Environmental Protection Agency, transmit- agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2019–0542)) ting, pursuant to law, the report of a rule en- Aviation Administration, Department of received in the Office of the President of the titled ‘‘Environmental Protection Agency Transportation, transmitting, pursuant to Senate on January 30, 2020; to the Com- Acquisition Regulation (EPAAR) Clause Up- law, the report of a rule entitled ‘‘Standard mittee on Commerce, Science, and Transpor- date for Submission of Invoices; Final Rule; Instrument Approach Procedures; Miscella- tation. correction and republication’’ (FRL No. neous Amendments (53); Amendment No. EC–3921. A communication from the Man- 10002–43–OMS) received in the Office of the 3888’’ ((RIN2120–AA65) (Docket No. 31293)) re- agement and Program Analyst, Federal President of the Senate on February 3, 2020; ceived in the Office of the President of the Aviation Administration, Department of to the Committee on Environment and Pub- Senate on January 30, 2020; to the Com- Transportation, transmitting, pursuant to lic Works. mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Amend- EC–3904. A communication from the Assist- tation. ment of Area Navigation (RNAV) Route T– ant Secretary of the Army (Civil Works), EC–3914. A communication from the Man- 217 in the Vicinity of Springfield, OH’’ transmitting, pursuant to law, the 2019 bien- agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2019–0998)) nial report to Congress on the status of the Aviation Administration, Department of received in the Office of the President of the Missouri River Bank Stabilization and Navi- Transportation, transmitting, pursuant to Senate on January 30, 2020; to the Com- gation Fish and Wildlife Mitigation Project, law, the report of a rule entitled ‘‘Amend- mittee on Commerce, Science, and Transpor- Kansas, Missouri, Iowa, and Nebraska; to the ment, Revocation, and Establishment of Air tation. Committee on Environment and Public Traffic Service (ATS) Routes; Western f Works. United States’’ ((RIN2120–AA66) (Docket No. EC–3905. A communication from the Assist- FAA–2018–0221)) received in the Office of the PETITIONS AND MEMORIALS ant Secretary of the Army (Civil Works), President of the Senate on January 30, 2020; transmitting, pursuant to law, a report rel- The following petition or memorial to the Committee on Commerce, Science, ative to Reservoir Sediment; to the Com- was laid before the Senate and was re- mittee on Environment and Public Works. and Transportation. EC–3915. A communication from the Man- ferred or ordered to lie on the table as EC–3906. A communication from the Assist- indicated: ant Secretary, Legislative Affairs, Depart- agement and Program Analyst, Federal ment of State, transmitting, pursuant to Aviation Administration, Department of POM–179. A petition from a citizen of the law, a report relative to United States Citi- Transportation, transmitting, pursuant to State of Texas relative to a constitutional zens detained in Iran and efforts to secure law, the report of a rule entitled ‘‘Standard amendment and impeachment; to the Com- their release; to the Committee on Foreign Instrument Approach Procedures; Miscella- mittee on the Judiciary. Relations. neous Amendments (103); Amendment No. f EC–3907. A communication from the Assist- 3887’’ ((RIN2120–AA65) (Docket No. 31292)) re- ant Secretary, Legislative Affairs, Depart- ceived in the Office of the President of the REPORTS OF COMMITTEES ment of State, transmitting, pursuant to Senate on January 30, 2020; to the Com- The following reports of committees law, a report relative to the Government of mittee on Commerce, Science, and Transpor- were submitted: Bangladesh’s Support for Human Rights; tation. By Mr. JOHNSON, from the Committee on Protection of Freedom of Expression, Asso- EC–3916. A communication from the Man- Homeland Security and Governmental Af- ciation, and Religion, and Due Process of agement and Program Analyst, Federal fairs, with an amendment in the nature of a Law; and Ensuring Free, Fair, and Aviation Administration, Department of Transportation, transmitting, pursuant to substitute: Participatory Elections; to the Committee S. 2750. A bill to amend the Homeland Se- on Foreign Relations. law, the report of a rule entitled ‘‘Amend- curity Act of 2002 to authorize the Operation EC–3908. A communication from the Dep- ment of Class C Airspace; Lansing, MI’’ Stonegarden grant program, and for other uty Assistant General Counsel for Regu- ((RIN2120–AA66) (Docket No. FAA–2019–0662)) latory Affairs, Pension Benefit Guaranty received in the Office of the President of the purposes (Rept. No. 116–212). By Mr. JOHNSON, from the Committee on Corporation, transmitting, pursuant to law, Senate on January 30, 2020; to the Com- Homeland Security and Governmental Af- the report of a rule entitled ‘‘Benefits Pay- mittee on Commerce, Science, and Transpor- fairs, with amendments: able in Terminated Single-Employer Plans; tation. H.R. 495. A bill to amend the Homeland Se- Interest Assumptions for Paying Benefits’’ EC–3917. A communication from the Man- curity Act of 2002 to require an annual report (29 CFR Part 4022) received during adjourn- agement and Program Analyst, Federal on the Office for State and Local Law En- ment of the Senate in the Office of the Presi- Aviation Administration, Department of forcement (Rept. No. 116–213). dent of the Senate on January 31, 2020; to the Transportation, transmitting, pursuant to Committee on Health, Education, Labor, and law, the report of a rule entitled ‘‘Amend- f Pensions. ment of Class E Airspace; Huntsville, AL’’ EXECUTIVE REPORT OF EC–3909. A communication from the Sec- ((RIN2120–AA66) (Docket No. FAA–2019–1011)) retary of the Board of Governors, U.S. Postal received in the Office of the President of the COMMITTEE Service, transmitting, pursuant to law, a re- Senate on January 30, 2020; to the Com- The following executive report of a port relative to the Postal Accountability mittee on Commerce, Science, and Transpor- nomination was submitted: and Enhancement Act of 2006; to the Com- tation. By Mr. MORAN for the Committee on Vet- EC–3918. A communication from the Man- mittee on Homeland Security and Govern- erans’ Affairs. mental Affairs. agement and Program Analyst, Federal * Grant C. Jaquith, of New York, to be a EC–3910. A communication from the Chair- Aviation Administration, Department of Judge of the United States Court of Appeals man of the Federal Laboratory Consortium Transportation, transmitting, pursuant to for Veterans Claims for the term of fifteen for Technology Transfer, transmitting, pur- law, the report of a rule entitled ‘‘Amend- years. suant to law, the 2018 Annual Report to the ment of the Class D and Class E Airspace; President and Congress; to the Committee on Meridian, MS’’ ((RIN2120–AA65) (Docket No. * Nomination was reported with rec- Homeland Security and Governmental Af- FAA–2019–0598)) received in the Office of the ommendation that it be confirmed sub- fairs. President of the Senate on January 30, 2020; ject to the nominee’s commitment to

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.044 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S857 respond to requests to appear and tes- (Mr. BENNET) was added as a cosponsor S. 1764 tify before any duly constituted com- of S. 433, a bill to amend title XVIII of At the request of Ms. DUCKWORTH, mittee of the Senate. the Social Security Act to improve the name of the Senator from Oregon f home health payment reforms under (Mr. WYDEN) was added as a cosponsor the Medicare program. of S. 1764, a bill to amend the Commu- INTRODUCTION OF BILLS AND nications Act of 1934 to require the JOINT RESOLUTIONS S. 505 At the request of Ms. DUCKWORTH, Federal Communications Commission The following bills and joint resolu- the name of the Senator from Delaware to ensure just and reasonable charges tions were introduced, read the first (Mr. COONS) was added as a cosponsor for telephone and advanced commu- and second times by unanimous con- of S. 505, a bill to ensure due process nications services in the correctional sent, and referred as indicated: protections of individuals in the United and detention facilities. By Mr. CORNYN (for himself and Ms. States against unlawful detention S. 1767 ROSEN): based solely on a protected char- At the request of Mr. BLUMENTHAL, S. 3250. A bill to ensure U.S. Customs and Border Protection officers, agents, and other acteristic. the name of the Senator from Michigan personnel have adequate synthetic opioid de- S. 633 (Ms. STABENOW) was added as a cospon- tection equipment, that the Department of At the request of Mr. MORAN, the sor of S. 1767, a bill to prohibit the Homeland Security has a process to update name of the Senator from Illinois (Ms. manufacture for sale, offer for sale, dis- synthetic opioid detection capability, and DUCKWORTH) was added as a cosponsor tribution in commerce, or importation for other purposes; to the Committee on of S. 633, a bill to award a Congres- into the United States of any inclined Homeland Security and Governmental Af- sional Gold Medal to the members of sleeper for infants, and for other pur- fairs. poses. By Ms. ROSEN (for herself, Mrs. CAP- the Women’s Army Corps who were as- ITO, Mrs. FISCHER, and Mr. PETERS): signed to the 6888th Central Postal Di- S. 1772 S. 3251. A bill to require the Federal Com- rectory Battalion, known as the ‘‘Six At the request of Mr. YOUNG, the munications Commission, in coordination Triple Eight’’. name of the Senator from Nevada (Ms. with the Secretary of Veterans Affairs, to S. 758 CORTEZ MASTO) was added as a cospon- designate a simple, easy-to-remember dial- sor of S. 1772, a bill to establish the ing code for veterans and other eligible indi- At the request of Ms. DUCKWORTH, viduals to use to obtain information about the name of the Senator from Mary- Task Force on the Impact of the Af- the benefits and services provided by the De- land (Mr. VAN HOLLEN) was added as a fordable Housing Crisis, and for other partment of Veterans Affairs, and for other cosponsor of S. 758, a bill to ensure af- purposes. purposes; to the Committee on Commerce, fordable abortion coverage and care for S. 1821 Science, and Transportation. every woman, and for other purposes. At the request of Mr. WYDEN, the By Mr. CASSIDY (for himself, Mr. KEN- S. 785 name of the Senator from Washington NEDY, Mr. INHOFE, Mr. DAINES, Mr. (Mrs. MURRAY) was added as a cospon- LANKFORD, Mrs. BLACKBURN, Mr. At the request of Mr. MORAN, the CRAMER, and Mr. SCOTT of South name of the Senator from North Da- sor of S. 1821, a bill to amend the En- Carolina): kota (Mr. HOEVEN) was added as a co- ergy Independence and Security Act of S. 3252. A bill to prohibit chemical abor- sponsor of S. 785, a bill to improve 2007 to provide for research on, and the tions performed without the presence of a mental health care provided by the De- development and deployment of, ma- healthcare provider, and for other purposes; partment of Veterans Affairs, and for rine energy, and for other purposes. to the Committee on the Judiciary. other purposes. S. 1822 By Mr. COONS (for himself and Mr. YOUNG): S. 824 At the request of Mr. WICKER, the S. 3253. A bill to require the Director of the At the request of Ms. STABENOW, the names of the Senator from Oklahoma National Science Foundation to develop an names of the Senator from Arizona (Mr. INHOFE) and the Senator from I–Corps course to support commercializa- (Ms. MCSALLY) and the Senator from Iowa (Mr. GRASSLEY) were added as co- tion-ready innovation companies, and for Nevada (Ms. CORTEZ MASTO) were added sponsors of S. 1822, a bill to require the other purposes; to the Committee on Com- Federal Communications Commission merce, Science, and Transportation. as cosponsors of S. 824, a bill to increase the number of States that may to issue rules relating to the collection f conduct Medicaid demonstration proof data with respect to the availability ADDITIONAL COSPONSORS grams to improve access to community of broadband services, and for other S. 133 mental health services. purposes. At the request of Ms. MURKOWSKI, the S. 1093 S. 1902 name of the Senator from Nevada (Ms. At the request of Mr. UDALL, the At the request of Mr. CASEY, the CORTEZ MASTO) was added as a cospon- name of the Senator from Iowa (Ms. name of the Senator from Arkansas sor of S. 133, a bill to award a Congres- ERNST) was added as a cosponsor of S. (Mr. COTTON) was added as a cosponsor sional Gold Medal, collectively, to the 1093, a bill to award a Congressional of S. 1902, a bill to require the Con- United States merchant mariners of Gold Medal to the troops from the sumer Product Safety Commission to World War II, in recognition of their United States and the Philippines who promulgate a consumer product safety dedicated and vital service during defended Bataan and Corregidor, in rec- rule for free-standing clothing storage World War II. ognition of their personal sacrifice and units to protect children from tip-over S. 182 service during World War II. related death or injury, and for other At the request of Mr. KENNEDY, the S. 1293 purposes. name of the Senator from Georgia At the request of Mr. VAN HOLLEN, S. 1985 (Mrs. LOEFFLER) was added as a cospon- the name of the Senator from Virginia At the request of Ms. DUCKWORTH, sor of S. 182, a bill to prohibit discrimi- (Mr. KAINE) was added as a cosponsor of the name of the Senator from New nation against the unborn on the basis S. 1293, a bill to expand employment York (Mrs. GILLIBRAND) was added as a of sex, and for other purposes. opportunities for spouses of Foreign cosponsor of S. 1985, a bill to assist S. 206 Service officers. communities affected by stranded nu- At the request of Mr. TESTER, the S. 1757 clear waste, and for other purposes. name of the Senator from New Hamp- At the request of Ms. ERNST, the S. 2009 shire (Mrs. SHAHEEN) was added as a co- name of the Senator from New Mexico At the request of Mr. COONS, the sponsor of S. 206, a bill to award a Con- (Mr. UDALL) was added as a cosponsor name of the Senator from Nevada (Ms. gressional Gold Medal to the female of S. 1757, a bill to award a Congres- CORTEZ MASTO) was added as a cospon- telephone operators of the Army Signal sional Gold Medal, collectively, to the sor of S. 2009, a bill to amend the En- Corps, known as the ‘‘Hello Girls’’. United States Army Rangers Veterans ergy Policy Act of 2005 to require the S. 433 of World War II in recognition of their establishment of a small business At the request of Ms. COLLINS, the extraordinary service during World voucher program, and for other pur- name of the Senator from Colorado War II. poses.

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S858 CONGRESSIONAL RECORD — SENATE February 4, 2020 S. 2085 from Oregon (Mr. WYDEN) were added exemptions for abortion drugs, and to At the request of Ms. ROSEN, the as cosponsors of S. 2705, a bill to amend impose additional regulatory require- names of the Senator from Oregon (Mr. title 10, United States Code, to modify ments with respect to previously ap- MERKLEY) and the Senator from Idaho the requirements relating to the use of proved abortion drugs, and for other (Mr. RISCH) were added as cosponsors of construction authority in the event of purposes. S. 2085, a bill to authorize the Sec- a declaration of war or national emer- S. 3101 retary of Education to award grants to gency, and for other purposes. At the request of Mr. MENENDEZ, the eligible entities to carry out edu- S. 2715 name of the Senator from Nevada (Ms. cational programs about the Holo- At the request of Mr. BLUNT, the CORTEZ MASTO) was added as a cospon- caust, and for other purposes. names of the Senator from Washington sor of S. 3101, a bill to amend the Inter- S. 2383 (Ms. CANTWELL) and the Senator from nal Revenue Code of 1986 to repeal the At the request of Ms. CORTEZ MASTO, Arkansas (Mr. BOOZMAN) were added as limitation on the cover over of dis- the name of the Senator from Cali- cosponsors of S. 2715, a bill to develop tilled spirits taxes to Puerto Rico and fornia (Mrs. FEINSTEIN) was added as a and implement policies to advance the Virgin Islands and to transfer a cosponsor of S. 2383, a bill to establish early childhood development, to pro- portion of such cover over to the Puer- minimum standards of disclosure by vide assistance for orphans and other to Rico Conservation Trust Fund. franchises whose franchisees use loans vulnerable children in developing coun- S. 3167 guaranteed by the Small Business Ad- tries, and for other purposes. At the request of Mr. BOOKER, the ministration. S. 2898 name of the Senator from New York S. 2492 At the request of Mr. INHOFE, the (Mrs. GILLIBRAND) was added as a co- At the request of Mr. GARDNER, the name of the Senator from Hawaii (Mr. sponsor of S. 3167, a bill to prohibit dis- name of the Senator from North Caro- SCHATZ) was added as a cosponsor of S. crimination based on an individual’s lina (Mr. TILLIS) was added as a co- 2898, a bill to amend title 5, United texture or style of hair. sponsor of S. 2492, a bill to amend the States Code, to provide for a full annu- S. 3217 Public Health Service Act to provide ity supplement for certain air traffic At the request of Ms. STABENOW, the best practices on student suicide controllers. name of the Senator from Illinois (Ms. awareness and prevention training and S. 2950 DUCKWORTH) was added as a cosponsor condition State educational agencies, At the request of Mr. SULLIVAN, the of S. 3217, a bill to standardize the des- local educational agencies, and tribal names of the Senator from New Hamp- ignation of National Heritage Areas, educational agencies receiving funds shire (Mrs. SHAHEEN) and the Senator and for other purposes. under section 520A of such Act to es- from Maryland (Mr. CARDIN) were tablish and implement a school-based S. 3226 added as cosponsors of S. 2950, a bill to student suicide awareness and preven- At the request of Mr. KENNEDY, the amend title 38, United States Code, to tion training policy. name of the Senator from North Da- concede exposure to airborne hazards RAMER S. 2561 kota (Mr. C ) was added as a co- and toxins from burn pits under certain sponsor of S. 3226, a bill to amend title At the request of Mr. BLUMENTHAL, circumstances, and for other purposes. the name of the Senator from Arizona 18, United States Code, to prohibit cer- S. 2973 tain abortion procedures, and for other (Ms. MCSALLY) was added as a cosponsor of S. 2561, a bill to amend the Lacey At the request of Mr. SCOTT of South purposes. Act Amendments of 1981 to clarify pro- Carolina, the name of the Senator from S. RES. 481 visions enacted by the Captive Wildlife Indiana (Mr. BRAUN) was added as a co- At the request of Ms. ROSEN, the Safety Act, to further the conservation sponsor of S. 2973, a bill to amend the names of the Senator from Minnesota of certain wildlife species, and for Fair Labor Standards Act of 1938 to (Ms. SMITH), the Senator from Indiana other purposes. harmonize the definition of employee (Mr. YOUNG), the Senator from Arkan- with the common law. S. 2615 sas (Mr. COTTON), the Senator from S. 2994 At the request of Mr. CASSIDY, the Maine (Mr. KING) and the Senator from names of the Senator from Rhode Is- At the request of Mr. SCOTT of South Michigan (Mr. PETERS) were added as land (Mr. REED) and the Senator from Carolina, the name of the Senator from cosponsors of S. Res. 481, a resolution Illinois (Ms. DUCKWORTH) were added as Georgia (Mrs. LOEFFLER) was added as commemorating the 75th anniversary cosponsors of S. 2615, a bill to amend a cosponsor of S. 2994, a bill to amend of the liberation of the Auschwitz ex- the Internal Revenue Code of 1986 to the Internal Revenue Code of 1986 to re- termination camp in Nazi-occupied Po- improve the historic rehabilitation tax quire information reporting with re- land. credit, and for other purposes. spect to the qualified opportunity zone S. RES. 487 S. 2661 tax incentives enacted by the 2017 tax At the request of Mr. TILLIS, the reform legislation, to require public re- At the request of Mr. GARDNER, the name of the Senator from Michigan names of the Senator from Texas (Mr. ports related to such tax incentives, (Mr. PETERS) was added as a cosponsor and for other purposes. CORNYN), the Senator from Florida (Mr. of S. Res. 487, a resolution supporting SCOTT), the Senator from New Hamp- S. 3056 the goals and ideals of Countering shire (Ms. HASSAN) and the Senator At the request of Mr. DURBIN, the International Parental Child Abduc- from West Virginia (Mrs. CAPITO) were names of the Senator from Michigan tion Month and expressing the sense of added as cosponsors of S. 2661, a bill to (Mr. PETERS) and the Senator from Or- the Senate that Congress should raise amend the Communications Act of 1934 egon (Mr. WYDEN) were added as co- awareness of the harm caused by inter- to designate 9–8–8 as the universal tele- sponsors of S. 3056, a bill to designate national parental child abduction. phone number for the purpose of the as wilderness certain Federal portions f national suicide prevention and mental of the red rock canyons of the Colorado health crisis hotline system operating Plateau and the Great Basin Deserts in AUTHORITY FOR COMMITTEES TO through the National Suicide Preven- the State of Utah for the benefit of MEET tion Lifeline and through the Veterans present and future generations of peo- Mrs. FISCHER. Mr. President, I have Crisis Line, and for other purposes. ple in the United States. 2 requests for committees to meet dur- At the request of Ms. BALDWIN, the S. 3072 ing today’s session of the Senate. They name of the Senator from Oregon (Mr. At the request of Mrs. HYDE-SMITH, have the approval of the Majority and WYDEN) was added as a cosponsor of S. the name of the Senator from Indiana Minority leaders. 2661, supra. (Mr. BRAUN) was added as a cosponsor Pursuant to rule XXVI, paragraph S. 2705 of S. 3072, a bill to amend the Federal 5(a), of the Standing Rules of the Sen- At the request of Mrs. MURRAY, the Food, Drug, and Cosmetic Act to pro- ate, the following committees are au- names of the Senator from Pennsyl- hibit the approval of new abortion thorized to meet during today’s session vania (Mr. CASEY) and the Senator drugs, to prohibit investigational use of the Senate:

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.058 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S859 SELECT COMMITTEE ON INTELLIGENCE NOMINATIONS MITZI D. ELLIOTT EMILY A. FLETCHER The Select Committee on Intel- Executive nominations received by JOHN M. FOSTER ligence is authorized to meet during KRISTIN L. GALLOWAY the Senate: JULIE M. GLOVER the session of the Senate on Tuesday, JUSTIN J. GRAY THE JUDICIARY February 4, 2020, at 9 a.m., to conduct DANIEL B. GROSS JOHN LEONARD BADALAMENTI, OF FLORIDA, TO BE KEVIN M. HAINES a closed briefing. UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- ANDREW M. HODGE AMANDA E. HUSTON SUBCOMMITTEE ON TRANSPORTATION AND TRICT OF FLORIDA, VICE ELIZABETH A. KOVACHEVICH , RETIRED. FERNINA Y. JUNIEL SAFETY THOMAS T. CULLEN, OF VIRGINIA, TO BE UNITED ROHIN N. KASUDIA The Subcommittee on Transpor- STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT JAMES W. KURZDORFER OF VIRGINIA, VICE GLEN E. CONRAD, RETIRED. ANDREW B. LAMMY tation and Safety of the Committee on NGUYEN T. NGUYEN DEPARTMENT OF JUSTICE MARK F. OLSON Commerce, Science, and Transpor- JEREMY R. PALLAS OWEN MCCURDY CYPHER, OF MICHIGAN, TO BE UNITED SONIA N. PONS tation is authorized to meet during the STATES MARSHAL FOR THE EASTERN DISTRICT OF MICHAEL J. RABENER MICHIGAN FOR THE TERM OF FOUR YEARS, VICE ROBERT session of the Senate on Tuesday, Feb- JORDAN B. RICHARDSON MAYNARD GRUBBS, TERM EXPIRED. ruary 4, 2020, at 10 a.m., to conduct a MICHAEL D. SALYER, JR. THE JUDICIARY LLOYD C. SCHARFENSTINE hearing. DAVID A. SHWALB f KATHRYN C. DAVIS, OF MARYLAND, TO BE A JUDGE OF JIMMY D. STANLEY THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A MICHAEL R. TEMPLE ORDERS FOR WEDNESDAY, TERM OF FIFTEEN YEARS, VICE CHARLES F. LETTOW, MICHAEL A. TOMMOLINO TERM EXPIRED. CATHERINE M. WARE FEBRUARY 5, 2020 DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT C TO THE GRADE INDICATED IN THE UNITED STATES AIR Mr. M CONNELL. Madam President, VINCENT F. DEMARCO, OF NEW YORK, TO BE UNITED FORCE UNDER TITLE 10, U.S.C., SECTION 624: I ask unanimous consent that the Sen- STATES MARSHAL FOR THE EASTERN DISTRICT OF NEW YORK FOR THE TERM OF FOUR YEARS, VICE CHARLES To be lieutenant colonel ate recess until 8:25 p.m. tonight, and GILLEN DUNNE, TERM EXPIRED. JENARA L. ALLEN upon reconvening, proceed as a body to THE JUDICIARY MICHAEL E. BINGHAM the Hall of the House of Representa- BENJAMIN J. BRITTEN DANIEL Z. EPSTEIN, OF TEXAS, TO BE A JUDGE OF THE AMY C. BROWN tives for the joint session of Congress UNITED STATES COURT OF FEDERAL CLAIMS FOR A CODY W. CALAME provided under the provisions of H. TERM OF FIFTEEN YEARS, VICE EDWARD J. DAMICH, PRESTON S. DUFFIN TERM EXPIRED. Con. Res. 86; that upon dissolution of ANDREA L. DUFOUR DEPARTMENT OF JUSTICE NICHOLAS R. EINBENDER the joint session, the Senate adjourn HENRY A. FOERSTER THOMAS L. FOSTER, OF VIRGINIA, TO BE UNITED CHERIELYNNE A. GABRIEL until 9:30 a.m., Wednesday, February 5; STATES MARSHAL FOR THE WESTERN DISTRICT OF VIR- JASON R. GARNER finally, that following the prayer and GINIA FOR THE TERM OF FOUR YEARS, VICE GERALD CHRISTIN M. GIACOMINO SIDNEY HOLT, TERM EXPIRED. DOUGLAS N. GRABOWSKI pledge, the morning hour be deemed MICHAEL ALLEN HAGAR, OF ARKANSAS, TO BE UNITED DOUGLAS C. HOLMES expired, the Journal of proceedings be STATES MARSHAL FOR THE EASTERN DISTRICT OF AR- KELLEY A. HURSH KANSAS FOR THE TERM OF FOUR YEARS, VICE CLIFTON SHANNAN M. JOHNSON approved to date, and the time for the TIMOTHY MASSANELLI, TERM EXPIRED. ROYDEN DERRICK JONES MICHAEL S. LUNA two leaders be reserved for their use THE JUDICIARY later in the day. JOHN R. MALLYA ANNA M. MANASCO, OF ALABAMA, TO BE UNITED JESSICA L. MILBURN The PRESIDING OFFICER. Without STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT REBECCA S. NEITZKE objection, it is so ordered. OF ALABAMA, VICE KARON O. BOWDRE, RETIRING. JACOB A. POWELL STEPHEN P. MCGLYNN, OF ILLINOIS, TO BE UNITED CHRISTOPHER J. RAIMONDI f STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT DAVID M. RAPER OF ILLINOIS, VICE MICHAEL J. REAGAN, RETIRED. APRIL M. ROCKER RECESS DREW B. TIPTON, OF TEXAS, TO BE UNITED STATES JASON A. ROSE DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF DAVID K. SCHINDLER The PRESIDING OFFICER. Under TEXAS, VICE SIMEON TIMOTHY LAKE III, RETIRED. NICOLE A. SMITH HELENA M. SWANK the previous order, the Senate stands IN THE AIR FORCE SCOTT A. WALKER SARAH M. WHEELER in recess until 8:25 p.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Thereupon, the Senate, at 5:39 p.m., IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TO THE GRADE INDICATED IN THE UNITED STATES AIR recessed until 8:25 p.m. and was called AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION FORCE UNDER TITLE 10, U.S.C., SECTION 624: to order by the Presiding Officer (Mr. 601: To be lieutenant colonel To be lieutenant general ROUNDS). DANIEL J. ADAMS The PRESIDING OFFICER. Under LT. GEN. JACQUELINE D. VAN OVOST SABRINA M. AKHTAR SARAH K. AYERS the previous order, the Senate will pro- IN THE ARMY JUSTIN P. BANDINO JENNIFER J. BARTLETT ceed as a body to the Hall of the House THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL A. BASSO WILLIAMS IN THE UNITED STATES ARMY TO THE GRADE INDICATED of Representatives to receive a mes- DARRICK J. BECKMAN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JEREMY M. BERNOT sage from the President of the United RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MELISSA J. BLAKER States. To be lieutenant general DANA M. BLYTH Thereupon, the Senate, preceded by ERIN N. BRACK MAJ. GEN. SEAN P. SWINDELL the Deputy Sergeant at Arms, Jennifer MICHAEL R. BRUNSON IN THE AIR FORCE RICHARD M. BURGON Hemingway; the Secretary of the Sen- REBECCA K. BURNS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KATHRYN M. BURTSON ate, Julie E. Adams; and the Vice TO THE GRADE INDICATED IN THE UNITED STATES AIR MAX M. CHAE President of the United States, MI- FORCE UNDER TITLE 10, U.S.C., SECTION 624: ANNA M. CHRISTENSEN MARYROSE D. CHUIDIAN CHAEL R. PENCE, proceeded to the Hall To be major ANTHONY COCHET of the House of Representatives to hear JOSHUA E. ERLANDSEN JEFFREY A. COLBURN the address of the President of the DAVID L. MCKINLEY CHARLIE A. COLLENBORNE BRITTANY A. MISERCOLA JOSHUA C. COMBS United States, Donald J. Trump. CATERINA G. PALUMBO MATTHEW R. COMPTON TOSHA M. VANN JARED A. CROTHERS (The address delivered by the Presi- TORIJAUN D. DALLAS dent of the United States to the joint THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANH HINSHAW DAVIS TO THE GRADE INDICATED IN THE UNITED STATES AIR SHYAM K. DAYA session of the two Houses of Congress FORCE UNDER TITLE 10, U.S.C., SECTION 624: STEVEN D. DEAS is printed in the proceedings of the To be lieutenant colonel ERIK SCOTT DESOUCY SCOTT C. DILLARD House of Representatives in today’s MATTHEW G. ADKINS BRADLEY R. DOLES RECORD.) NICOLE R. ANDREOLI GARY W. DORAZIO BECKY K. AZAMA RYAN S. DORSEYSPITZ f TAMMY L. BAKER JOSHUA R. DUNCAN DAVID T. BEUTLER KEITH E. EARLEY, JR. ADJOURNMENT UNTIL 9:30 A.M. SCOTT M. BOYD PETER S. EASTER SHANNON CHRISTINE BRANLUND BASHIR B. ELKHOURY TOMORROW SHERROD A. BROWN SCOTT M. EVERSON At the conclusion of the joint session SITAO V. BROWNHEIM MICHELLE L. FLOYD RICHARD H. CABALLERO CAELAN M. FORD of the two Houses, and in accordance DANIEL G. CASSIDY HEATHER N. FOSTER with the order previously entered, at PEDRO J. COLON ANTHONY P. GALE RACHEL E. COPELAND NITASHA D. GARCIA 10:27 p.m., the Senate adjourned until MARGARET M. COPPINI SPENCER M. GEORGE Wednesday, February 5, 2020, at 9:30 ANTHONY E. DARGUSH AARON J. GOODRICH MARK ANDREW DIXON RICHARD E. GRAY a.m. ALFRED E. DOBY III JOSHUA D. GUSTAFSON

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DALLAS G. HANSEN SAMANTHA L. BUTLER GARCIA ALISON NICOLE ALLEN MARK C. HANSEN MATTHEW C. CALDWELL ARMAND ALLKANJARI AMY LEE HARRIS DALE C. CAPENER WILLIAM J. AMADOR GABRIEL T. HARRIS VICTOR C. CHANG ANDREW ARTHUR AMES WILLIAM B. HARRIS KASI M. CHU JAY W. ANDERSON APRIL E. HAURY JESSICA J. COWDEN LINCOLN B. ANDREASEN TIMOTHY R. HAUSER KATIE M. CROWDER SCOTT J. ANDREWS ADAM D. HEBDON MICHAEL W. CROWDER ERICK R. APONTE GUZMAN CHRISTOPHER W. HEWITT EDDIE D. DAVENPORT GEOFFREY A. BADER SCOTT A. HEWITT MATTHEW D. EBERLY KIMBERLY R. BAKER ADAM B. HOWES ELIZABETH A. ERICKSON PETER K. BALLARD KATTIE DANNIELLE HOY MICHAEL R. FRAYSER BRITTANY LYNN BALLEN NICOLE M. HSU MATTHEW D. GOLDMAN GRAHAM D. BALUH KATHERINE M. IVEY VACKAR DAVID K. GORDON II NICOLE R. BANE HAMEED JAFRI MARIE J. HAN JONATHAN C. BANTA JOHN H. KIM KENISHA R. HEATH PAUL S. BASEL JEFFREY L. KINARD CHANCE J. HENDERSON CALEB S. BAXTER ALBERT K. KOERNER AMY GAMMILL HICKS CRAIG M. BECKER ROBERT W. KRELL JONATHAN C. JACKSON VALERIE G. BEDSOLE ANDREW J. KUSCHNERAIT COURTNEY A. JUDD BROOKE M. BELL RACHEL A. LIEBERMAN GREGORY C. KAHL BRANDON M. BENNETT MARK LIU JASON A. KELLY PATRICK S. BERG HILARY B. LOGE RONALD J. KHOURY THOMAS M. BERTAGNOLI REGAN F. LYON MARY ANNE KIEL LUCAS A. BOHANNAN JACOB S. MAJORS GRANT E. LATTIN, JR. KARINA BOSTWICK OLIVIA M. BOUCHER GRANT W. MALLORY JOSEPH E. LOTTERHOS, JR. BRETT R. BOYCE JAMES M. MANLEY BRUCE A. LYNCH NATALIE R. BRANTON JON R. MAUST MATTHEW SALAH MASRY MARK A. BRASWELL MATTHEW S. MCDONOUGH JASON C. MASSENGILL JASON L. BROWNELL ANGELA D. MCELRATH PETER E. MATTHEWS BONNIE K. BUCKLES JEFFREY MEADE SHANNAN E. MCCANN NATHAN A. BUMBARGER SHANA M. MILES SHAWN M. MCFARLAND ELIJAH J. BURTON RYAN P. MOLCHAN BRIAN H. NEESE BROCK E. CARDON SONIA L. MOLCHAN ADAM J. NEWELL NOLAN R. CARLILE MIGUEL JOSE MORALES STEVEN J. NORDEEN KEVIN P. CARNEVALE, JR. ARIAN A. MOSES DAVID M. OLDHAM BRANDON W. CARNEY TIMOTHY R. ORI MICHAEL G. RHODE GRETTA ANGELICA CARROLL DEMIAN A. PACKETT DILLON J. SAVARD JAMES A. CARROLL JAVIER A. PADIAL MICAH D. SCHMIDT JOHN J. CARROLL TREVOR A. PETERSON TROY M. SCHWARTZ ELIZABETH L. CARTER NEIL T. PHIPPEN KRISTIN L. SILVIA OSCAR A. CASTRO JENNIFER L. PIPPIN MATTHEW J. SNYDER KATHERINE E. CAUJOLLEALLS JUSTIN C. REIS ELIZABETH L. SOMSEL BRIDGET KIRKEGAAR CAULKINS JEANMARIE B. REY JOSEPH J. STUART ROBERT J. CAULKINS ILA S. REYES VINH Q. TRAN SARA E. CHAPMAN JOEL N. ROBINSON SARAH N. VICK VICTORIA R. J. CHAPMAN CHRISTINE ROJAS GRAHAM I. WARDEN ROHINI CHATTERJEE KAREN A. RUPP CHRISTOPHER J. WILHELM ELIZABETH P. CHEN TYLER W. RUST ELY A. WOLIN ERIN A. CHICOINE DAVID R. SAYERS SCOTT A. ZAKALUZNY KAI Y. CHIN CHRISTOPHER SCHEIBLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SUSAN J. CHING RYAN J. SCHUTTER TO THE GRADE INDICATED IN THE UNITED STATES AIR AARON W. CHRISTENSEN DANIEL J. SCOTT FORCE UNDER TITLE 10, U.S.C., SECTION 624: ANDREW J. CHRISTENSEN OWEN J. SCOTT DILLON M. CLEARY BRETT SEARCEY To be major KATIE A. COBLE DAVID J. SHAW LIOR ALJADEFF ASHLEY S. COGGINS ANDREW J. SHEEAN JEAN GABRIEL COIGNET MICHAEL R. SHERMAN GOVINDA M. ALLIN KEVIN M. ANDREWS CHARLES N. CRAIN MATTHEW P. SHUPE KARISSA L. CRYER WILLIAM D. SMITH TRAVIS W. BENNETT TAYLOR L. BINGHAM PHILIP C. CUSHMAN III PHILLIP A. STRAWBRIDGE DANIEL J. CYBULSKI MATTHEW J. SWENSON CHRISTINE SIRNA BODE ARIANNE G. BUNIAG NATHAN J. DAMIANO KELLY B. THOMPSON NICOLAS S. DANSCUK ENRILYN R. THRONSON PATRICK W. BURKARDT CHAD B. CARTER JESSICA B. DAS MICHAEL K. TIGER BROOKE ASHLEY DAVIS ROBERT L. TONG KYLE R. CHRISTENSEN TYLER P. CODY KAREN M. DAVIS JOHN F. TRENTINI III WILLIAM T. DAVIS GREGORY TRIFILO SCOTT A. DAVIS KONSTANTINE G. DIETRICH EDWARD H. DAWKINS RICHARD E. TROWBRIDGE VIVIANA DE ASSIS DANIEL T. TRUSCOTT JOHN R. ENSLEY KEATON B. FORRESTER NICHOLAS W. DEANGELIS MARY ROSE B. VALINA DOUGLAS E. DEEVER TIMOTHY PAUL VANDERBILT SAMUEL M. FOWLER RYAN M. GERMAIN PATRICK J. DIDEUM LAVANYA VISWANATHAN NICOLE H. DILLOW LUISA Y. WATTS JOSHUA S. GRENIER ANDREW R. GROVE DAVID W. DIXON MICHAEL A. WATTS JOHN M. DOAN BRANDON M. WHITE BLAINE AARON GUENTHER CHRISTOPHER A. GURRIES SARAH A. DONIGIAN DERRIC ALLAN WHITESIDE ERIN N. DREESSENS ADAM M. WILLIS ERIC M. HAYNAM CORY A. HOCH JOSEPH M. DUREN, JR. REBEKAH L. WOLAK JACOB J. EBY SKY J. WOLF DARIN T. JOHNSTON KAITLYN BURGESS KEEN RINA E. K. EDEN LAURA B. WOLFE JONATHAN A. EILERS ZACHARY E. WRIGHT, JR. JASON R. KIM SIYONG KIM GRANT P. ERICKSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WOOSOL KIM JACQUELINE C. EVANS TO THE GRADE INDICATED IN THE UNITED STATES AIR PANG F. KO GRAHAM P. FAIN FORCE UNDER TITLE 10, U.S.C., SECTION 624: SHARON J. LAUGHTER BRIAN A. FERGUSON To be colonel JIM LI JOSHUA H. FIELDS JENNIFER L. MALLOY DENNI J. FITZSIMMONS JENNIFER R. BEIN PRESCOTT A. MCWILLIAMS DANIEL N. FIUMECALDO MARIEANTONETTE C. BRANCATO ELIZABETH L. MORRIS KATHERINE L. FIUMECALDO JARED W. CARDON LUKE C. NOBLE ANNA SCHAAR FRIEND BENJAMIN R. CLARKE ANDREA L. PIERCE DAVID J. FULBROOK LINDA K. COATES MARGARET E. REID ALEXANDER S. M. FYE BENJAMIN J. GANTT MARISA ROMEO MACKENZIE L. GABLER GEOFFREY L. GESSEL BENJAMIN A. RUSH LAUREN N. GABRESKI NATHAN D. KRIVITZKY CHRISTINA M. SCHILTZ JEREMIAH D. GADDY KETU PANCHAL LINCOLN AMEEN R. SHAHNAM DAVID W. GANTZ IRIS B. ORTIZ GONZALEZ TYLER J. SMITH WILLIAM A. GARTLAN DANIEL J. PALAZZOLO YOST T. SMITH II FARAZ N. GHODDUSI CHRISTOPHER K. PARRIS MCKINLEY D. SOULT CYNTHIA N. GIRALDO CHAD R. RAPER GREG A. SPILSBURY KEITH R. GLENN RENE SAENZ JENNIFER ANN YOSHIK TANAKA TANYA L. GLENN CADE A. SALMON JOHN T. VOGEL TANNER E. GOFF KYRA Y. SHEA RYAN D. WEAVER MICHAEL A. GONZALES CHRISTINA L. SHEETS KEVIN B. WIEST COLBY C. GRAY ANGELA K. STANTON BENJAMIN B. WINSTON ELIJAH S. GRILLO REBECCA K. GROTEWIEL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIKA R. WOODSON HYUN J. YOON JACQUELINE A. GUTIERREZ TO THE GRADE INDICATED IN THE UNITED STATES AIR JANELLE B. GYORFFY FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KELLY A. HAEUSLER To be colonel TO THE GRADE INDICATED IN THE UNITED STATES AIR SHARIJEAN L. HAFNER FORCE UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN S. HAHN WESLEY M. ABADIE To be major ALEXANDER P. HALEY JAMES J. ARNOLD COURTNEY E. HALISTA ALICE J. BRIONES JASON K. ADAMS JACOB RANDALL HALL MICHAEL B. BROUGH SYED M. ALI MALLORY J. HAMILTON DANIEL J. BROWN RIYADH Z. ALJAMMALY CAITLIN E. HAMMOND

VerDate Sep 11 2014 03:33 Feb 05, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 9801 E:\CR\FM\A04FE6.003 S04FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 4, 2020 CONGRESSIONAL RECORD — SENATE S861 DANIEL V. HAMMOND ANDREW R. ROMNEY To be major ERIC K. HAND KATHERINE E. RORER DANIEL M. HANSEN JORDAN J. RYAN JUNELENE M. BUNGAY THEODORE G. HART BARBARA N. SABER ALEXANDRA L. MCCRARY–DENNIS ALEX D. HATCH HENRY O. SANCHEZ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JULIANA L. HELLMANN LUISA I. SANDOVAL TO THE GRADE INDICATED IN THE UNITED STATES AIR CLAIRE M. HENDRIX ANDREW D. SCHAAR FORCE UNDER TITLE 10, U.S.C., SECTION 624: JENNIFER BERRIE HENNING MATTHEW T. SCHREINER MATTHEW A. HENRY KATHLEEN R. SCHURR To be lieutenant colonel TIMOTHY J. HORGAN III BLAKE R. SHAFFER HALEIGH J. HUGHES TIERNEY A. SHANNON CHRISTOPHER J. NASTAL SAMUEL E. HUGHES MAXWELL R. SIMARD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT A. HULL ABIGAIL L. SMITH TO THE GRADE INDICATED IN THE UNITED STATES AIR ARMETRIA N. HUMPHREY JARED J. SOLOMON FORCE UNDER TITLE 10, U.S.C., SECTION 624: BRANDEN C. HUNSAKER ALEXANDER SPARKMAN ROYO SAN T. HUYNH MARGUERITE WINKLER SPRUCE To be major KARLA R. IVY ELLIOTT D. STANLEY CALEB S. JAMES CAITLIN C. STEVENS ALEXANDER KHUTORYAN AMY Z. JIANG CAMILLE S. STRACHANFORTE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALEXANDER D. JOBRACK ALEXANDER B. STURROCK TO THE GRADE INDICATED IN THE UNITED STATES AIR PETER C. JOHNSON JENNIFER M. SZATKOWSKI FORCE UNDER TITLE 10, U.S.C., SECTION 624: JANSEN C. JONES WOODY C. TAVES CHRISTOPHER A. JORGENSEN ASHLEY M. TAYLOR To be major DAVID A. JUNG, JR. KATELIN E. THAI DANIEL S. KIM KOREY B. KASPER JASON M. THOMAS DOUGLAS S. KATEINTAYLOR ERIN GRINDLAY TOMLIN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NICHOLAS G. KEATON DYLAN A. TRACY TO THE GRADE INDICATED IN THE UNITED STATES AIR ANDREW J. KERALIS LESLI ROGERS TRISTAN FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOHN W. KIEFFER ALLISON E. TUCKER To be major JACOB D. KJELLAND MATTHEW D. UY RANDOLPH J. KLINE AMY E. VAGEDES MARILYN L. SMITH GLYNNIS K. KNOBLOCH MATTHEW N. VAN DAM RYAN M. KRING WILLIAM D. VAN DE CAR IN THE ARMY CALEN W. KUCERA LAUREN M. VAN DECAR THE FOLLOWING NAMED OFFICER FOR REGULAR AP- BRANDON W. KUIPER BRYCE A. VANCE POINTMENT IN THE GRADE INDICATED IN THE UNITED APHTON B. LANE ANTHONY G. VANDEHEI DIANA P. T. LE LINDSEY L. VONCANNON STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: JAMES A. LEE LYNDSEY U. VU To be lieutenant colonel ARI S. LEVINE NOAH I. WALLACE CONNIE LIN LINDSEY NICOLE WEIGAND ZACHARY J. CONLY CHRISTOPHER L. LIN BRANDE RAVEN LAMBERT WELSH THE FOLLOWING NAMED OFFICER FOR REGULAR AP- KATELYN J. LIPPERT JEFFREY W. WENTZ POINTMENT IN THE GRADE INDICATED IN THE UNITED ALEXANDER S. LO MAGGIE C. WERTZ STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: MOVADO Y. LONG JEANNA D. V. WEST MILES ALESSIO LUINETTI AMY L. WHITTLE To be major ANDREW C. LUXHOJ THERESA M. WHITTLER CHRISTINA ROSE LYON CLAIRE C. WIDULE AUDREY J. DEAN LETITIA R. LYONS WATSON HAL B. WILLARDSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT M. LYSTRUP CHARLES J. WILLIAMS III TO THE GRADE INDICATED IN THE RESERVE OF THE LAURA M. MALCHODI JEREMY S. WILLIAMS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: FARID A. MALOF MICHAEL U. WILLIAMS JONATHAN E. MANDABACH CHARLES L. WILSON To be colonel JOSEPH K. WRAY MORGAN M. MANLEY MICHAEL W. BRANCAMP SADIE M. MARKEY YOU XU ALEXANDERBRIAN G. MARQUEZ KAELI J. YAMASHIRO THE FOLLOWING NAMED OFFICER FOR REGULAR AP- JONATHAN C. MARTINEZ SARAH J. ZADER POINTMENT IN THE GRADE INDICATED IN THE UNITED ZACHARY A. MASTERS DANIELLE N. ZIEHL STATES ARMY VETERINARY CORPS UNDER TITLE 10, U. PAVEL O. MAZIRKA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT S.C., SECTIONS 531 AND 7064: WILLIAM K. MCCALLUM TO THE GRADE INDICATED IN THE UNITED STATES AIR To be major IAN J. MCDOWELL FORCE UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL A. MCGARVEY To be lieutenant colonel TRACY J. BROWN HUDSON T. MCGINNIS THE FOLLOWING NAMED OFFICER FOR REGULAR AP- GEOFFREY A. MCLEOD VICTORIA M. AGLEWILSON POINTMENT IN THE GRADE INDICATED IN THE UNITED MELISSA R. MEISTER MARISSA L. AMMERMAN STATES ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., MATTHEW S. MERRIMAN JEANETTE MARIE ANDERSON SECTIONS 531 AND 7064: MARK J. MEUER ELENA E. ARUSHANYAN TERESA L. MICOTTO LORNA A. BLODGETT To be major KATHERINE M. MILAM MATTHEW W. BRACKEN KENNETH A. WIEDER TALON W. MINER STACEY M. BRUNDRETT DAYNA T. MIYASHIRO REBECCA G. BUSH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDREA LYNN MOORE MELISSA A. BUZBEE STILES TO THE GRADE INDICATED IN THE UNITED STATES ARMY BENJAMIN B. MORRIS JONATHAN D. CHIN MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ERIC M. MOZELESKI ADAM L. CHRISTOPHER AND 7064: STEVEN M. MUDROCH II ALLAN J. DELGADO JONATHAN L. MULDERMANS DONNA L. EATON To be lieutenant colonel ANDREW S. MURTHA ADRIENNE N. FIELDS CHONG K. YI KATHRYN E. MYERS STEVEN C. GAUTREAUX ROMON EDGAR NEELY STANLEY W. GRODRIAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHANIE T. NEGREY JEREMY D. HICKS TO THE GRADE INDICATED IN THE UNITED STATES ARMY SARAH C. NELIN BARTLEY J. HOLMES UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW J. NEMERO LINDSAY B. HOWARD To be major DARRELL D. NETTLOW HUI C. KIM CAROLINE H. NGUYEN MARIANA BUNTICHAI LACUZONG WILLIAM P. ABBOTT DANIEL M. NGUYEN DARRELL A. LEE, JR. BRYAN E. ABELL DAVID T. NGUYEN VICTORIA M. LYNCH CHARLES A. ADAMS NAM D. NGUYEN AMY C. MAY JEREMY M. ADAMS JUSTIN H. NOBLE LAURA A. MCNICOL STUART B. ADAMS CORINNE A. NORMAN SHELLEY L. METCALF PETER L. AHCHING, JR. ROY S. NORRIS BRENDA K. MIAZGA KEVIN J. AHEARN THEODORE A. OGREN SAMUEL D. MILLAR CHRISTOPHER A. ALBORNOZ JUSTIN M. OKEEFE KIMBERLY M. MONTI MICHAEL A. ALDAYA JARED J. ONLEY SARAH E. MORTON JUSTIN M. ALEXANDER BROOKE E. ORGAN PAULA J. NEEMANN NICHOLAS D. ALEXANDER PHILIP J. ORO RICHARD J. ODOSSO BRADLEY S. ALFORD TYLER B. PADGETT REGINA D. OWEN ADRIENNE C. ALLEN JE H. PARK ALISA K. PAIGE EDWARD J. ALLEN REBECCA L. PARRISH KAREN E. PALADINO JORDAN T. ALLISON BRENT A. PASSEY CHRISTIE A. PAULSEN DEBORAH J. ALMY ANDREW T. PATTERSON DESIREE D. POINTER KEVIN K. ANDERSEN MATTHEW D. PENFOLD SPARKLE M. POTTER BRIAN C. ANDERSON SAMUEL M. PHILBRICK KATHRYN R. REGGIO BRYAN R. ANDERSON ANTHONY M. PICKREL NIKKI D. ROBINSON MICHAEL P. ANDERSON ANDREW P. POLITO SHAWNICE LEE SHANKLE TRAVIS M. ANDERSON COLETTE A. POOLE BOYKIN TERESA M. SIVIL MARIO C. ANDRIULLI ALICE A. PRATS AMY A. SIVILS NICHOLAS J. ANDRYCHOWSKI MARK A. PRATS JENNIFER F. SMITH RICHARD M. ANEZ IAN A. PRUDHOMME JOSEPH A. SOLGHAN PAUL D. ANGOVE GENEVIEVE M. RAMBAU JAMES M. SPENCER, JR. LUIS A. ARAUZ TARYN L. RAMSEY REGINA S. TOW BENJAMIN A. ARBITTER CLINTON T. REBELLO PHI T. TRAN BRUCE A. ARCHAMBAULT KEVIN R. REECE LANETTE K. WALKER DEVIN A. ARGENTINA AMY M. REED LORI D. WALKER MARKUS J. ARTRECHE MCKAYLA JOHNSON RIGGS SHANITA W. WEBB JOHN D. ASSELIN SHANE D. RIGGS DEBORAH L. WILLIS JOSHUA M. ASTRELLA CECIL L. ROBERTS, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AUDREY L. ATWELL DWIGHT M. ROBERTSON IN THE GRADE INDICATED IN THE REGULAR AIR FORCE BILLY D. ATWOOD JOSHUA T. ROMAIN UNDER TITLE 10, U.S.C., SECTION 531: BIELOSA B. AWORH

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BRODIE T. BABB MICHAEL G. CARKHUFF JOSEPH R. DURLIN JOHN D. BAER DAVID T. CARLSON JOSHUA A. DUSING BRIAN P. BAILES KURT A. CARLSON PAUL F. DWYER CHARLES E. BAILEY STEVEN J. CARLSON JENNIFER A. DZIEKONSKI MATTHEW D. BAITY EDWARD W. CARR ALEXANDER J. EADIE MICHAEL T. BAKER JEREMY A. CARROLL GREGORY S. EARLY ZACHARY J. BAKER MATTHEW P. CARSTENSEN KENNETH M. EARNSHAW, JR. MICHAEL D. BALABAN BRIAN H. CASEY MONIQUE L. EDDINS SAMUEL A. BALDWIN ERIC R. CATALANOTTI IAN A. EDER RYAN D. BALL JOSHUA T. CAUSIE ROBERT W. ELLIOTT GRAYSON L. BALLARD MARK E. CAVALLO DAVID C. ELLIS KIMO K. BANDMANN CHRISTINA L. CAVANAUGH SEAN C. ELLISON BRANDON E. BARNES MATTHEW S. CAVANAUGH DAVID R. ENDTER NATHAN S. BARNES HENRIK C. CHASE JAMES H. ENGLAND JOHN P. BARONE DAVID I. CHAVEZ MEGHAN L. ENGLESON CLAUDE E. BARRON CHRISTOPHER A. CHAVIS NATHAN T. ESAFE SETH B. BARROW LANDON K. CHEBEN CHAD W. EVANS GREGORY A. BARSLOU RUDY J. CHELEDNIK MATTHEW S. EVANS MORGAN K. BASSETT DANIEL S. CHENG TIMOTHY A. EVANS JOHN F. BASSETTE RAFAEL E. CHICOLUGO JONATHAN H. FANELLI EMMANUEL V. BATARA JEFFREY A. CHIN RUFINO FARIAS, JR. ZACHARY J. M. BATCHO JEFFREY Y. CHO JESSE A. FAUGSTAD TERRY M. BATTISON TAE S. CHOE KATRINA L. FEDD JUSTIN BAUER YUN S. CHOE TRISTAN G. FELCHLIN KATHERINE A. BAUMANN ANTHONY J. CICHORZ TREY W. FERGUSON PAUL M. BAUSMAN CHARLES W. CILISKE SILAFANETTE S. FERNANDEZ BOBBY BAYTHAVONG JEFFERY P. CINK ANDREW L. FERRARA PETER C. BEAMER JOSEPH M. CLAUSING JACOB A. FERRARA JOHN H. BEATTY TIMOTHY M. CLEVELAND ANDREW G. FERREIRA SCOTT M. R. BECK JACKSON C. COBB RICHARD B. FETTERS STEVEN J. BECKER JOSEPH J. CODICHINI MARK W. FIKE GARRETT W. BEER DARELL D. COFFEY ZACHARY W. FINEHOUT DAVID M. BEHNKE JONATHAN D. COFFIELD ALAN S. FISCHER CARTER P. BELL BRADLEY M. COHN LEONARD G. FISCHER CASEY P. BELL EMERSON R. COLE MICHAEL C. FITZGERALD CORY J. BELL JOSHUA L. COLE JONATHAN W. FLANCHER ELIZABETH M. BELL JAVORIA A. COLLIER WILLIAM T. FLEMING MICHAEL T. BELL DANIEL L. COLLINI KEVIN G. FLETT RYAN N. BELL JUSTIN D. COLLINS SEAN M. FLOETER NATHAN A. BENNETT THOMAS L. COMER TIMOTHY A. FLYNN JOHN A. BENSON KEVIN E. CONGER GREGORY J. FORD JORDAN E. BENSON JONATHON B. CONLEY FRANK G. FOSS FRANCIS P. BENTLER STEPHEN A. CONNELL RICHARD R. FOX JOHN S. BERGER DAVID W. CONRAD, JR. CHRISTOPHER M. FRANTZ DANIEL W. BERRYHILL EDGAR M. CONRAD CORNELIUS M. FRAZIER ELIZABETH A. BETTERBED PETER D. CONRARDY DONALD S. FRAZIER II MICHAEL N. BEUM MATTHEW R. CONSIDINE SEAN J. FREDERICK JOHN R. BEYNON PHILIP S. COONEY TROY E. FRENCH CODY M. BIGGS LAUREN M. COOPER ROBERT K. FREYOU CHARLES G. BIRD NICHOLAS J. COOREMAN ROBERT L. FROST JEREMY P. BISHOP NICHOLAS V. COPELAND GREGORY K. FUNK RYAN K. BISSELL PATRICK J. COPELAND DANELLE R. GAMBLE MATTHEW L. BLAIR DAVID A. CORBITT KEVIN A. GARCIA CHRISTOPHER A. BLANCHARD TINA N. CORDOVA RORY R. GARCIA MICHAEL A. BLANCO STEFAN J. CORMIER TEODORO C. GARCIA DAVID E. BLANTON LEONEL A. CORREA RONALD E. GAREE DONOVAN R. BLATHERWICK JOSHUA M. COSMOS CHESTER T. GARNER RICHARD M. BLOMSTROM ZACHARY A. COTTAM JACOB R. GATEWOOD ROCCO C. BOCCUTI DAVID J. COTTONE CHRISTOPHER L. GAULIN ERIC A. BOECKERS MATTHEW R. COULTHARD KENT S. GAVIN DIANA J. BOJORQUEZ ASHLEY N. COUTANT ANDREW M. GENDRON MAINOR E. BOJORQUEZ RYAN J. COWAN MICHAEL A. GENOVESE BRETT T. BONANNI BEN M. COX ALEXANDER W. GEPHART PHILLIP D. BOOTHE BRANT W. CRANDALL TREVOR J. GERARD JASON D. BORCHIK MITCHELL M. CREEL KYLE M. GERIK JAMES G. BORDELON JEFFREY R. CROSBIE KEVIN M. GERTZ STEFAN F. BORDEN SETH T. CROW JAMES S. GIBBS CASEY G. BOUCH CHARLES C. CROWDER JORDAN D. GIBSON JOSHUA C. BOWEN MATTHEW J. CROWSON OLIVER D. GIBSON JUSTIN M. BOWEN JOE M. CRUMPTON, JR. STEVEN R. GILBERT SILAS G. BOWERMAN RONNIE L. CUNNINGHAM, JR. ALISTAIR J. GILES MATTHEW C. BOYLE GRANT E. CUPRAK ANDREW J. GILL REX BRADFORD THOMAS F. CURRY RAYMOND T. GILLEN JAMES R. BRADY NATHAN B. CUSTER RYAN T. GILLIAM MICHAEL C. BRAMEL TRAVIS L. CYPHERS SHAMORY G. GIPSON SEAN A. BRANDON ALEXANDER B. DAGG NICHOLAS B. GLENN PAUL A. BRANNAN ZACHARY D. DAKER ROBERT F. GOLD DUNCAN E. BRASWELL KEVIN M. DALEY NATHANIAL B. GOLDSMITH CORY D. BRAUN KYLE T. DANIELS RICK J. GONZALEZ JONATHAN C. BREGE JEFFERY L. DANNEMILLER RYAN J. GOODIN CHARLES C. BREMER TALISA DAUZ AARON L. GOOKINS KEVIN R. BRENSINGER ADAM R. DAVID EVGUENI GOUSSEV ROSS P. BREZINKA BRAD G. DAVIS MATTHEW A. GREMILLION THOMAS M. BRINKER CHARLES Z. DAVIS JOSEPH I. GRENNON MOLLY M. BRODERICK KYLE M. DAVIS ROBERT A. GRICIUS DAVID K. BROOKS MICHAEL T. DAVIS, SR. RYAN E. GRIFFIN STEPHEN V. BROOKS SETH J. DAVIS TAYLOR A. GRIFFIN CHRISTOPHER W. BROWDER STUART W. DAVIS GREGORY S. GRIFFITH ANDREW J. BROWN JESSE E. DEANDA STONEY R. GRIMES JOSEPH M. BROWN DAVID E. DEGENHARDT BENJAMIN M. GROOM LATORYA T. BROWN STEPHEN A. DEGRACIA DAVID B. GROSECLOSE MATTHEW W. BROWN STEPHEN P. DEHNER BRYAN R. GROVES WILLIAM B. BROWN MELVILLEMARK L. DELAPAZ JACOB D. GROVES ZACHARY A. BROWN LUIS A. DELATORRE STEPHEN J. GUCKEMUS JASON D. BRYAN KAREN V. DELORIA BRIAN J. GUMMERT LUKE A. BRYAN WESLEY G. DEMPSTER ERIC A. GUSTAFSON ANSON L. BRYANT ALEXANDER DEROSA GREGORY K. HAIRE DINO C. BUCHANAN DREW D. DEUGER DAVID C. HALE JARRETT R. BUCHANAN BRENNAN S. DEVERAUX SCOTT C. HALL JEFFREY C. BUCHHEIM JARED B. DICKEY TRAVIS A. HALLMAN JONATHAN L. BUCKLAND ADAM G. DISTEL DERICK K. HALLMARK KURT M. BUJEWSKI JEREMY J. DITLEVSON DANIEL J. HANLEY MARK A. BUONFORTE JAMES N. DOHERTY REGINALD D. HARPER DEREK I. BURKE ANDREW J. DOLAN KYLE S. HARRELL CHAD M. BURNETTE DAVID A. DOLAN SHAWN D. HARRIS KEVIN A. BUTLER ARTUR M. DOMINIAK THOMAS G. HARRIS JAIME T. CABRERA JACOB L. DONALDSON THOMAS R. HARRISON WILLIAM J. CAFFERY HENRY J. DONNELLY CHRISTOPHER J. HARWELL NICHOLAS R. CAIN SEAN P. DONNELLY AMANDA M. HASSETT JIMMIE G. CAMDEN ADAM T. DORNEY THEODORE J. HAUSAUER PAMELA V. CAMERON JENKINS L. DOVE ANDREW P. HAYDEN PETER M. CAMPBELL H R. DRAMMEH KEITH A. HAYES ANDREW J. CANFIELD JOSHUA D. DULANEY SCOTT T. HAYWOOD LAURA E. B. CANNON LUCAS D. DUNAWAY JOHN W. HEATH MICHAEL C. CAPOMAGGI BLAKE A. DUNN NATHAN C. HEDGECOCK JOHN P. CAPPIELLO JERIS M. DURENE JOSHUA S. HEINER TOMAS A. CARBO DALLAS T. DURHAM JOSEPH A. HENDERSON

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DAVID L. HENDRICKS, JR. KEVIN P. LINSENMEYER ERIC P. NG JONATHAN P. HENRY DEAN M. LISANTE RODDY S. NGUYEN MATT HEPINSTALL JOSEPH P. LITTELL DAVID K. NIBLICK SAMUEL C. HERBERT DANIEL T. LITTLE VINCENT J. NICOSIA KYLE J. HERMANSON TOKATA J. LIVELY JONATHAN R. NIEMERG JOSE O. HERNANDEZ JEREMY B. LOAR STEPHEN G. J. NITKOWSKI JOSUE D. HERNANDEZ MARISA C. LOCK MICHAEL J. NIZOLAK ROBERT C. HERRIN KYLE A. LOFTUS UCHECHUKWU I. NJOKU JOSHUA A. HERRINGTON ANDREW F. LONG ERIC B. NOLAND QUINN L. HEYDT CAMERON W. LOTHRIDGE BENJAMIN H. NORTH DWIGHT L. HICKS NOLAN R. LOVE STEVEN W. NORTHROP JACK A. HICKS III CHRISTOPHER T. LUCAS CASEY M. NUGENT DIEGO C. HILL WELVIN J. C. LUCERO MATTHEW P. NULK BOYD G. HIRATA JAMES B. LUCIVERO RYAN J. NYE JESSE E. HODGE BILLY D. LUSTER RYAN M. OCONNOR MICHAEL J. HOLLOWELL ANDREW M. MACKENZIE JOSEPH F. ODONNELL PHILLIP HOM DONALD M. MACWILLIE ALBERT W. OH CALEB F. HOPKA CRAIG A. MADDY ISAAC T. OLSEN JEFFREY E. HORN, JR. NICHOLAS D. MAGILL JEFFREY W. OLSON JORDAN L. HORN BRIAN J. MAGINN JOSHUA F. OLSON SAMUEL E. HORWITZ ANTONIO R. MAGNANI CHRISTOPHER OLVERA TRISTAN T. HOTSINPILLER GREGORY P. MAGRAM ROBERT K. ONEILL MATTHEW S. HOVSEPIAN MARKUS A. MAKOWSKI JOHN E. ORENDORFF SCOTT W. HOWE DAVID MALAVE DEVIN R. OSBURN JOHNNY R. HOWZE BENJAMIN M. MALINOWSKI JOSHUA A. OVERSTREET EVAN D. HOYT SERGIO MANCHA ANTHONY R. PADALINO RICHARD A. HOYT JOEL D. MARBUT JERARD M. PADEN JEFFREY D. HUBLER ZACHARY S. MARCH HECTOR A. PADILLAGONZALEZ LEWIS C. HUDSON BRIAN J. MAREK KENNETH J. PARK MIGUEL A. HUERTA MOSES R. MARMOLEJO SARAH N. PARSONS MATTHEW K. HUFF FRANK G. MARSH JONATHAN A. PASLEY NICHOLAS A. HUGHES BRYAN D. MARTIN ROBERT C. PEARSALL BENJAMIN C. HUNTER CODY J. MARTIN JOHN T. PELHAM DAMION G. HUNTER JOHN L. MARTIN ROBERT A. PEREZALEMANY MICHAEL A. HURST KYLE E. MARTIN KYLE D. PERNELLI SAMUEL C. HUTCHINSON MORGAN A. MARTIN ARI S. PERRIL STEPHEN C. HYLAND ANTHONY D. MARTINEAU ROBERT J. PERRY CRAIG R. HYMEL KENNY D. MARTINEZ CHRISTOPHER S. PERSONS JAY P. IRWIN TOBIN J. MARX STEPHEN E. PETERSEN BENJAMIN M. JACKSON MICHAEL C. MASON SPURGEON W. PETTY JENNIFER L. JACKSON DAVID T. MATOI DAVID P. PFALTZGRAFF PETER S. JACOB CALVIN W. MATTINGLY VILLARD B. PHILLIPS CHRISTOPHER H. JACOBSEN BRADEN D. MAUGHAN MICHAEL V. PIERRI CHARLES W. JAMES JACK T. MAY MICHAEL C. PIGOTT, JR. JOSEPH G. JANKOVICH ANDREW L. MAYVILLE CHRISTOPHER S. PINKERTON JONATHAN E. JANOS JOSHUA S. MCCHRYSTAL GRANT B. PINKSTON ALEXANDER H. JANSEN ERIN A. MCCLAIN CHAD D. PLENGE JEFFREY W. JENNINGS MATTHEW A. MCCLARY ALEX E. PLOTKIN KYLE B. JENSEN AARON MCDANIEL, JR. BARBARA J. PLOTKIN DERRICK D. JERKE KYLE C. MCDERMOTT JUSTIN M. POLANIK DANIEL M. JERNIGAN CHARLES G. MCDONALD LAUREN M. POPP EDWIN JIMENEZ ANDREW P. MCELRAVY WILLIAM R. PORT KATRINA C. JOHNS DANIEL F. MCGEE SORIN D. PORTASE CALEB L. JOHNSON ADAM Z. MCGINNIS BLAINE M. POWERS DEREK A. JOHNSON RYAN J. MCILQUHAM RYAN C. PRETTY ERIC B. JOHNSON PADRAIC M. MCKENZIE JOESPH R. PRICE BRIAN P. JONES VICTOR M. MCKENZIE ANNMARIE PRUGGER JACOB J. JONES JAMES S. MCLAUGHLIN KIMBER L. PRUITT NOEL A. JORDAN THOMAS M. MCSHEA JUSTIN R. PURSER ANTHONY E. KAMMER LAURA K. MEANS WILLIAM S. RAGO ADAM E. KARALIUS RUBEN A. MEDINA JAN M. A. RAGON DAVID J. KARNOSKY DUSTIN W. MEDLEY SARAH C. RAINVILLE GRANT M. KARSHNER ROGER W. MEHLE RICHARD B. M. RAMOS CONLAN J. O. KASTANIAS ANDREW D. MELLON WILLIAM J. RAND ALEXANDER J. KEARNS DAVIDSHEA B. MELLOY CHARLES A. RANGE AARON J. KEIL CLAYTON C. MELTON PHILLIP J. RANGITSCH QUIRJARA L. KELLEY JOHN F. MEYERS BRANDON R. RATNER TRAVIS W. KELLEY JAMES P. MICCICHE JAMES D. RAYMOND AARON S. KENNEDY JOSHUA A. MILES NICOLE E. RAYMOND JEFFERSON G. KENT COREY N. MILLER WILLIAM C. REBER FRANK J. KESSLER MATTHEW R. MILLSAPS SEAN C. REDDING DAVID A. KIDD TRAVIS C. MILROY SETH E. REED KRISTOPHER M. KILGROE MARK A. MITCHELL RICHARD A. RENDON SHANNON M. KILLIAN NICHOLAS K. MITCHELL JAMES R. RICHERT RYAN J. KIM ROSS M. MITCHELL JASON A. RICHMOND LUKE A. KING ROBERT W. MIXON CHARLES K. RIDGE PHILIP J. KISTLER LOREN T. MIZE BENNETT S. RILEY JOSHUA T. KLINE JAMES D. MOATS, JR. MATTHEW R. RIMROTH JEFFREY T. KLOBUCAR EDWIN D. MOBLEY JONATHAN E. RIO BRADLEY F. KLUSMAN CHRISTOPHER A. MOFFETT JOSHUA J. RISNER BRYANT P. KNEF JOHN L. MOFFETT JASON D. RITCH CODY J. KNESS SCOTT D. MONCRIEF KATHRYN M. RIVERA DAVID B. KNOWLES KATREENGRACE R. MONTEFALCON STEPHEN M. RIZLEY JACOB G. KOHLMAN MORGAN E. MONTGOMERY KEVIN D. ROACH FRANK K. KOMADINA GABRIEL X. MONTOYA ANDREW J. ROBERTS DOUGLAS D. KORNACKI DUNCAN W. MOORE ANDREW O. ROBERTS STEVEN S. KORNEGAY JARED D. MOORE JOSEPH P. ROBERTS JEFFREY J. KRAFT AMARO MORENO THOMAS C. ROBERTS JEFFERSON C. KRAMER JAMES R. MORENO HAI L. ROBINSON CORY S. KRITES RICHARD A. MORENO RICHARD K. ROBINSON TAYLOR J. KUHN JONATHON E. MORGAN SAMUEL J. ROBINSON MARCIN KULIS MATTHEW R. MORNEAULT CHARLES P. ROBITAILLE KYLE K. KUNKEL GENIE R. MORRIS JONATHAN RODRIGUEZ JARED R. KUNTZ ROBERT W. MORRIS JULIAN D. RODRIGUEZ RUSSELL A. LABARGE COLE B. MORRISON JOSE L. RODRIGUEZSOTO STEVEN P. LAFAVE SHAWNTRIA M. MOSLEY PAUL J. ROEDER BRYAN A. LAGASSE CODY Y. MOSSBERG MATTHEW T. ROHE CORDELL S. LAIN NARGIS K. MOUGEY LAWRENCE A. ROHLING, JR. PATRICK J. LAINE JEREMY D. MOUNTICURE LOUIS E. ROJAS JACEN P. LANCLOS BENJAMIN R. MOWER MATTHEW A. ROLL BRENT N. LANIER CASEY A. MOYER GEORGE A. ROMAN JONATHAN E. LANIER PATRICK E. MULVANEY MATTHEW P. ROMANOWSKI JOSEPH S. LAPLANTE JONATHAN T. MUMMERT KATHLEEN L. ROSE ADAM H. LARY JUAN C. MUNERAMOLINA JASON R. ROSENTHAL BRIAN J. LEE ANDREW J. MURPHREE GEOFFREY D. ROSS GRACE Y. LEE ARTHUR J. MURPHY III DOMINIC A. ROSSI JOON LEE DEREK P. MURPHY JACQUES ROULETTE TIMOTHY C. LEE MATTHEW H. MURPHY GRAHAM L. ROWAN JUSTIN C. LEFKOWSKI STEVEN E. MURPHY MALCOLM D. ROYER ANDREW M. LEMARQUAND FAZARI MUTALIB TAYLOR J. ROYNON JARIDD N. LEUTE AMANDA L. NAPOLITANI JAMES J. RUETSCHE KRISTOPHER P. LEVY ANTHONY M. NASH CHRISTOPHER D. RUGGLES DONALD K. LEW JOANNA L. NEEKONOV DANIEL C. RUIZ BILLY J. LEWIS JONATHAN M. NEIDIG DANNY L. RUMLEY NICHOLAS G. LEWISWALLS JASON L. NETTELER GLENN S. RUMPH MEGAN J. LIESENFELT DANIEL J. NEWELL JOSEPH D. RUOHONEN DAVID J. LILJA ANDREW J. NG ADAM D. RUPERT

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TIMOTHY G. RUSSELL SHAHN R. TRUSSELL DANIELLE C. ADAIR PATRICK C. RYAN JASON P. TUCKER DOMINIC F. ADAMS DARELLE A. SABB JOHN A. TUCKER GAGE L. ADAMS KYLE L. SAFFELL JONATHAN M. TURNBULL JEREMY L. ADAMS GIBSON S. SALE ISAAC T. TURNER MARK P. ADAMS DAMARIS T. SANDERS ROBERT E. TURNS HYPOLITUS C. AGU ALEXANDER R. SANTIAGO ROBERT A. TUTTLE DARLENE AKOM BENJAMIN H. SASAKI RYAN J. ULSES FELIX J. ALMONTE ADRIAN R. SCHAAR AUSTIN UNRATH ANDREW T. ALTMAN AARON R. SCHERFFIUS UMUT URAL EDWARD D. ALVARADO DAVID R. SCHEYS JOSEPH URECH CHRISTOPHER J. G. ANCHETA BRIAN J. SCHIEFER ELYSE P. VAIL WILLIAM E. ANDEREGG DANIEL M. C. SCHIERING JOSEPH R. VALDEZ JOHN E. ANDERSON ANDREW T. SCHMIDT AARON C. VALENCIA MARK V. ANGELO MIKE W. SCHRECKENBACH MATTHEW E. VALNOSKI NICHOLAS A. ANTONIO JONATHAN J. SCHROPFER DAVID T. VANCE OLUFEMI O. APATA FRANKLIN J. SCHWANDT LANCE S. VANDANIKER JESSE C. ARBOGAST ADAM K. SCHWARTZ WILLIAM J. VANDERLIP SAMUEL K. ARHIN BENJAMIN E. SCOTT JOSHUA P. VANDERMARK CHRISTOPHER E. ARRINGTON CHRISTOPHER J. SCRUPPS BRENT L. VANN CASEY R. ASTRUP MICHAEL S. SEESE MICHAEL W. VANORDEN JOHN K. AUTEN MICHAEL A. SERAFINI QUENTEN L. VEREEN SYLVESTER A. AZAP JAMES E. SEVERIN MARGUERITE E. VERMILLION LARRY D. BACA TRAVIS J. SHAW HANNAH L. VERNER ASHLEY M. BAINSANGSTER MICHAEL F. SHEEHAN ALEXANDER S. VICHINSKY MATTHEW K. BAKER IAN D. SHEFFIELD ANDREW R. VIMINI TIMOTHY R. BARBA JOHN T. SHELSON PHILLIP C. VONA DONALD A. BARGER, JR. GREGORY M. SHEPARD NICHOLAS G. VOTTERO JOSHUA J. BARLOW FREDERICK L. SHERMAN II WALDEN W. WAGNER III NATHANAEL J. BASCH TERRENCE H. SHIELDS JOHN B. WAITS BETHANY D. BASHOR ALEXANDER M. SHOAF DANIEL W. WALKER EDSON N. BATISTA JORDAN A. SHONTZ NICHOLAS R. WALKER LELAND E. BAUER NATHANIEL E. SHOOK GRANT T. WANAMAKER ROB P. R. BEAUCHAINE AARON C. SIEBENALLER LUCAS A. WANIEWSKI JAMES M. BEEBE TYLER L. SILCOX SHELTON G. WARD TYLER M. BEHEL WINSTON F. SIMMONDS CHARLES M. WARE III BENJAMIN T. BELICH AARON P. SIMONSEN JOSEPH WASEK III JAYMON A. BELL CHRISTOPHER W. SIMPKINS JAMES B. WASSON MATTHEW A. BELL JAMES M. SIMPSON URIAH F. WATKINS CHRISTOPHER A. BENNETT JOHN A. SIMS MICHAEL E. WATSON THOMAS A. BENTLEY SIMRATPAL SINGH GARRET W. WAUGH JOSHUA H. BERRIAN ROSS M. SKILLING ERIC D. WAXMAN RICHARD B. BEST, JR. STEPHEN J. SKINNER KELLY B. WEAVER EPHRIAM J. BETHEL ANDREW M. SKLAR DANIEL J. WEBB CAMERON A. BEVERIDGE WILLIAM R. SMALL THOMAS O. WEBER KIMBERLY A. BEVINS ALEXANDER J. SMITH INDIA T. WEEMSSIMPSON WILLIAM A. BISHOP PORTER N. SMITH ZACHARY D. WEIGELT OCTAVIA L. BLACKWELL SETH R. SMITH CORY M. WEISS ALLAN M. BLAIR JOSHUA J. SMITHERS JORDAN R. WEISS JARED S. BLAIR RICHARD A. SMOCK ANDREW V. WELCH MATTHEW R. BLAKEMORE CHARLES D. SNYDER CHRISTOPHER D. WELCH BRANDON J. BLASKA DEVIN L. SNYDER INGRAM M. WELCH ADAM P. BLOCKER NOAH J. SNYDER ROBERT A. WELCH III NATHAN E. BOARDMAN FRIEND V. SOLBERG JACKIE A. WEST, JR. MARCEL BOLBOACANEGRU DWAYNE L. SOLOMON BENJAMIN L. WESTMAN BENJAMIN J. BORYS MATTHEW G. SOLOMON GREGORY A. WHEELER JASON L. BOSLAUGH MATTHEW H. SONG BENJAMIN D. WHITE TIMOTHY C. BOSS MICHAEL A. SORRENTINO JAMES T. WHITE THOMAS C. BOWCUTT ZACKERY R. SPEAR JUSTIN E. WHITE COREY A. BOWMAN GRIFFIN J. SPENCER ROBERT W. WHITE DAWU L. BOWMAN THOMAS M. SPENCER MATTHEW J. WHITEHOUSE BRIAN D. BOYLE NICHOLAS D. SPICOCCHI LEEANN J. WHITTSON RICHARD A. BRADT RICHARD J. SPIKES MATTHEW T. WIGER BRANDON W. BRAGG DAVID T. SPRAGUE MICHAEL J. WILDONGER MARCUS A. BREAUX GREGORY R. SPRALEY ADAM W. WILEY MITCHELL A. BRELAND JOEL D. STAFFORD JOSEPH B. WILEY MICHAEL P. BRENNAN SAMUEL J. WILKINS PATRICK N. STAHA DAVID M. BRINK BRYAN M. WILLIAMS NEAL A. STAINBROOK WILLIAM E. BRINK CASEY L. WILLIAMS DANIEL L. STANDRIDGE JORDAN J. BROOKS DERRICK M. WILLIAMS RICHARD S. STARKS AKILAH R. L. BROWN ERIN E. WILLIAMS FILANZA STARMACK BRYAN F. BROWN HUNTER M. WILLIAMS JARED R. STEFANI DEANGELO V. BROWN MARK A. WILLIAMS MARC A. STERLING NICHOLAS A. BROWN CLINTON J. C. WILLIAMSON DANIEL P. STEVENS RODERICK T. BROWN JAMES P. WILLIAMSON ALEX D. STEWART MICHAEL J. BRYAN JONATHAN G. WINFIELD NICKOLAS W. STIDHAM DARRYL S. BUCHANAN ALEXANDER WINGATE MICHAEL V. STINSON THOMAS M. BURKHART JOSEPH P. WINGLEMIRE EARL A. STOCKHAM JOSHUA A. BURNETT DYLAN R. WINKLER STEPHEN J. STONE JOHN D. BUTLER BRADLEY Y. WINSTED II SCOTT R. STOPPELBEIN MICHAEL E. BUZZELL JUSTIN G. WINTER RICHARD J. STUCKY STEPHEN J. BYRNE JEREMY D. WISNIEWSKI TRAVIS B. STUTES MATTHEW F. CAIN JOSHUA K. WOLF JOSHUA W. SUMPTER ANDREW J. CALEY DONI D. WONG ROBIN A. SWAN BRIGID K. CALHOUN FRANKLIN D. WORSHAM EZRA E. SWANSON ARMANDO CANALES ANTHONY T. WRENCH SHAUN D. SWAYNE DAVID K. CARL BRETT T. WRIGHT MAMADOU B. SYLLA ALEX H. CARLIER JONATHAN L. A. WRIGHT JEREMY K. SYLVESTER ANDREW J. CARLIN DONIVAN L. WYNN RUSSELL G. TABOLT JACOB B. CARPENTER HAZUMU YANO GALEN Y. TAKAMURA ROBERT F. CASTOR CANYON C. YEAMANS DAVID L. TALARICO JACOB A. CENTENO BRIAN J. YODER BENJAMIN D. TALBOT ERIC CHAVDA RON L. YOUNGBLOOD RICHARD J. TALLMAN ANDREW H. CHISHOLM KARL W. YURIK JAMES F. TARTAGLIA JOSEPH W. CHO CHRISTOPHER P. ZACZYK BRYAN J. TAUZER WILLIAM W. CHOI MATTHEW J. ZAMPERINI MATTHEW H. TEMPLETON NICHOLAS S. CHRISTENSEN ANDREW M. ZAPCIC NICHOLAS R. TERECH BENJAMIN C. CHRISTIAN KYLE P. ZDROJEWSKI BRYAN C. TERRAZAS NOAH J. CHRISTIANS DAVID A. ZELAYA CHAD A. THAYER FRED A. I. CHRISTOPHERSON DEVON P. ZILLMER RICHARD C. THOMAS ANDREW S. CHUNG D015259 VALLEEN D. THOMAS BRIAN H. Y. CHUNG D014878 CODY R. THOMPSON ELIZABETH A. CHUNG D014815 GEORGE THOMPSON III DAVID S. CLAGG D015374 JOSHUA A. THOMPSON KEVIN D. CLAIBORNE D015256 KYLE J. THOMPSON EZEKIEL W. CLAYSON D014903 TREY N. TIDWELL CHADD A. CLINE D014408 STEPHEN W. TIEMEYER NICHOLAS J. COCHRAN D015040 JOHN S. TILLEY MARVIN L. COLE D013482 KEVIN J. TIPPENS PRESTON B. COLLICH D014742 MICHAEL J. TOPPING ELIZABETH K. COLLINS D015041 CARLOS A. TORRESREYES ERIC T. COLLINS RICHARD M. TRAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC Z. CONTEH JOHN C. TRAVER TO THE GRADE INDICATED IN THE UNITED STATES ARMY DANIEL E. CONWAY LINDSEY R. TROMBLEY UNDER TITLE 10, U.S.C., SECTION 624: JESSE R. COOPER WILLIAM G. TRUETT To be major DONALD R. COPELAND CARLOS A. TRUJILLO BENJAMIN J. COSYLEON JON L. TRUMP DAVIS M. ABT AARON M. CRAYNE

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IAIN J. CRUICKSHANK KAMAL A. HIBBERT ROBERT C. MCALLISTER JAMES M. CRUMP PATRICK HICKEY THOMAS C. MCCAFFREY IV NIGINA A. CRUZ JERRY D. HIGDON KYLE F. MCCARTER MICHAEL C. CUDDY CHARLES V. HODGE III ROCKEY S. MCCARTHA, JR. BENJAMIN A. CUSTER NATHANIEL E. HOEKJE MICHAEL C. MCCLURE JARED R. DAHL ANDREW D. HOFFMAN TERRY Y. MCCRAY JAMES DANIEL AUSTIN HOLDRIDGE DARRYL D. MCGRATH CRAIG J. DARRENKAMP JACOB R. HOLL SCOTT D. MCKINNEY BRADLEY P. DAVIS KEVIN P. HOLMES SHANNON M. MCNULTY BRANDON W. DAVIS RYAN O. HOPKINS MICHAEL D. MELLMAN JESSE L. DAVIS JOHN C. HORNECKER CHRISTOPHER J. MENDHAM TORIUS N. DAVIS ROSANNE M. HORSWILL PHILIP MESSINA SARA R. DEANDA MOSABBIR HOSSAIN ARTHUR J. MIDDLEBROOKS JOSHUA A. DEHUT JOSHUA L. HOWELL PETER M. MIKHAIEL BOYD T. DELANZO JOSHUA A. HUGHES MICHAEL C. MILLER ANTONETTE A. DELEON LYNETTE R. HUGHES WILLIAM E. MINIOR JUSTIN T. DELEON ERIK S. HUNGATE CANDACE L. MOBLEY BRIAN C. DELGADO CHRISTOPHER J. HUNTER STEVEN M. MODUGNO BROOKS W. DEMMER MIN U. HUR JOHN T. MOODY DANIEL R. DENEVE RYAN A. HUSKEY ALEXANDER J. MOORE ROBERT M. DERBY JERRY J. HYNES, JR. DASHIEL J. MORGER MATTHEW A. DEVERS TOMAS IBARRA ANTUAN L. MORRIS SIMRANJIT S. DHALIWAL DELARRIS J. INGRAM ISABELLE J. MORSE ARMANDO L. DIAZ DAVID A. INOUYE TRAVIS V. MOUNT RICHARD J. DIEGEL ZAFAR IQBAL JOSHUA M. MOURE PRESTON J. DIHLE JOHNATHAN E. JACKSON PHILIP J. MURRAY MAX C. DIXON MATTHEW J. JADRNAK KEVIN J. MUSSMAN CLARENCE E. DOSSIE, JR. JAMES P. JAGODZINSKI JARED D. MYERS PHILIP J. DOWD JACOB T. JANTSCH SEBASTIANO NANE BENJAMIN C. DUDLEY MICHAEL P. JASPER BRYAN C. NEAL ZACHARIE P. DUMONT ALBERT R. JERNEGAN ERIN J. NEAL JOHN B. DYKES CALVIN T. JOHNSON ANDREW K. NESBITT DAVID E. EDWARDS JAMES B. JOHNSON ANDREW T. NESS NICHOLAS B. EDWARDS PHILLIP G. JOHNSON MICHAEL J. NEU DANIEL J. ELBE SPENCER T. JOHNSON GARRY R. NEWMAN STEVEN S. ELINOW BARRY O. JOHNSONRIVERA MARTIN K. NEWTON DONALD R. ELLIS VIRGINIA L. JONES LAM T. NGUYEN JAMALE R. ELLISON JOSHUA E. JOSEPH PHUOC H. NGUYEN JASON C. ELMORE VALENCIA JOSEPH VIET P. NGUYEN JASON J. EMOND KEVIN R. KACZMAREK ANTON L. NIKOLOV RYAN A. ENIX GIBRIL I. KAMARA MEGAN I. NORMAN LACEY C. ENYART TIMOTHY L. KEEN DANIEL T. NOVAK GLENN H. EPLEY KELLY A. KEENE JASON L. NUNES CHRISTOPHER J. EPSTEIN AARON W. KELLEY JACOB E. OATES SEAN J. ESKEW REBECCA A. KELLEY DANIEL C. OBERRENDER CHASITY M. EULL ANALISA M. KELLINGTON PATRICK J. OBRIEN ABE FAROOQI KEVIN J. KILKER JOHN L. OLIVER, JR. DUSTIN K. FENTON ERIC C. T. KIM ERIK R. OLSEN STEPHEN M. FIFER JUN H. KIM KRISTINE N. OLSEN DANIEL J. FILCIK ROBERT J. KIMBLE JOSHUA D. OLSON SEAN P. FITZPATRICK IAN D. KINSEY THOMAS C. OPALAK CHARLES E. FLANAGAN JULIAN F. KIRK HENRY O. ORTEZ COLIN A. FLOOD WILLIAM K. KIRSCHENMAN PATRICK A. ORTIZ DAVID G. FOBAR GEORGE M. KIRSHY, JR. BREANNA M. OWENS STEFANIE N. FORGIONE SCOTT G. KLAAS DERRICK S. OWENSBY PAUL J. FOSSE, JR. CISCO J. KNORR JOHN H. PANZER III CHARLES E. FOSTER LOUISA P. KOEBRICH MATTHEW J. PARGETT NICHOLAS F. FOWLER STEPHEN M. KOEHN DOWON PARK CHRISTOPHER H. FRITZ TREVOR A. KOEPP JOOSHIN B. PARK JON R. FULLER JOEL A. KOTANKO DANIEL G. PARKER NEIL E. FULSANG NICHOLAS R. KRANER TIMOTHY M. PARKER NATASHA M. FULTZCASTRO CHESTER G. KROEGER JEREMEY J. PARKS CALEB L. GAASCH CHESTER A. I. KROKOSKI JACOB W. PARTRIDGE DENNIS N. GABLE STEVEN J. KRYSEVIG ALEXANDER J. PASSEY JOSHUA S. GAETANO SCOTT M. KUHN NICHOLAS D. PATTON GREGORY O. GALLAGHER ANDREW T. KYDES JOHN A. PAVLIK MATTHEW GAMBINO MATTHEW R. KYLE CHRISTOPHER J. PAYNE NICHOLAS E. GAMEL BRIAN J. LABORDE MICHAEL J. PAYNE JEREMY C. GARDINIER JANINE M. LAFORTUNE ANDRES F. PAZMIN JONATHAN M. GARDNER JAMES R. LAL EDWARD W. PECORARO BARTON R. GATRELL ERIC J. LAMB BENJAMIN J. PEELER ALBERT GAYOL GREGORY S. LAMBERT CHRISTOPHER E. PENNELL JUSTIN M. GIBBS JESSICA H. LANGSDON THOMAS M. PERKINS CHRISTOPHER A. GILBERT ROBERT S. LASATER BALAZS PESZEKI OSCAR A. GILROY NEIL LAW BRANDON J. PETERSON ANTWAN D. GLENNTRACY ROBERT J. LAWRENCE SERGEY A. PETROSYANTS KENDALL S. GOMBER WILLIAM C. LAWSON, JR. ELIZABETH N. PHAM SHANA J. GONER JOSEPH LEE AARON M. PHILLIPS KAREN GONZALEZ RODNEY O. LEE CHRISTOPHER T. PHILLIPS LUIS A. GONZALEZMALDONADO YEONG LEE MICHAEL R. PHILLIPS JOHN A. GOODWIN ELIZABETH A. LEIRE WILLIAM E. PITRE KYLE A. GORDY DMITRIY I. LEONTYEV HECROALUI A. PLANAS LAURA E. GOULET ANTHONY J. LESTER GERALD B. POPKO GUNNAR GRAMLICH THOMAS S. LEVELY IAN J. POROPAT JOSEPH B. GRAY ALAN S. LEWIS ADDISON J. POUST DENNIS GREENBERG LUKE R. LEWIS DAVID N. PREWITT HENRY D. GREENBERG MILTON L. LEWIS II TREVOR W. PRUETT CHARLES M. GREENE ALESSANDRO E. LICOPOLI OSCAR R. QUEZADA DAVID F. GREGGS JONATHAN M. LIE ROYCE QUEZADA JAMES P. GRIFFES JEFF W. LINZEY BRYAN J. QUINN FRED J. GROOMS, JR. JONERIK LIVINGSTON ANDREW J. RAINEY MATTHEW B. GROVE ALEXANDRA LONG JOSEPH A. RAMAGLIA FRANK GUTIERREZ, JR. ANGELETHA O. LONG ANTHONY R. RAMIREZ TAE J. HA KENNETH C. LORANG FRANCISCO RAMIREZ KATHRYNN J. HAAPALA DAVID C. LOVE, JR. AMANDA L. N. RANKIN JACOB D. HAIDER AARON LOZANO PASCAL T. REBER SANGWOOK HAN JUSTIN D. LUJAN ERIC C. REDLUS RYAN M. HARDIN STEVEN R. LUNSFORD JEREMIE M. REGNIER DAVID L. HARMEYER ANTHONY C. LUPO MEGAN E. REISING CHASON A. HARPER PHILLIP J. LYMAN DEREK T. REPP KRYSTLE N. HARRELL ROBERT D. MACIOCE ANTHONY R. RICHENS BRIAN H. HARRIS MELVIN L. MACK BRENT F. RICHEY SHANE M. HASBROUCK MELISSA A. MAGANA JOSHUA R. RICHEY JAMES H. HASTINGS THOMAS P. MALEJKO BRENT J. RIEDEL MATTHEW E. HAUCK MATTHEW R. MANNING SHARAYAH M. RIVERASMITH ERIC J. HAUPT, JR. ANTHONY D. MANROSS GRADY L. ROBBINS STEPHANIE E. HAYNES TIMOTHY J. MARCZEWSKI AUSTIN D. ROBERTS DANIEL E. HAZELTON DANIEL MARIN CLINTON J. ROBERTS AARON W. HEAVILAND ALEXANDER A. MAROTTA WADE A. ROBERTSON JONATHON L. HELLER NORBRASSIA R. MARTIN SAMANTHA J. ROBINETT WESLEY D. HENDERSON STEPHANIE A. MARTIN WILLIAM A. ROBINSON ADAM S. HENDRIKS DANIEL G. MARTINEZ ALEXANDER RODRIGUEZ JOSIAH D. HENNIG JOSHUA T. MASHL SUSAN K. ROGERS DIEGO M. HERRENO DOUGLAS S. MASON BRYAN J. ROGOMENTICK JOSHUA P. HERRERA RONALD D. MATTINGLY JORGE C. ROMANGONZALEZ RYAN C. HERRING CHRISTOPHER M. MAUDLIN MATTHEW J. ROMEO MICHAEL A. HERRINGTON ALLISON D. MAYER BRENNAN T. ROORDA

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JAMES J. ROWLANDS DOMINIC L. WILSON, SR. AUGUST J. BROWER PAUL L. ROZELL JEFFERY M. WILTSEY BENJAMIN J. BROWN STEPHEN D. RUDD ALEXANDER T. WITHENBURY JASON E. BROWN MICHAEL C. RUESS II CAMERON L. WITTE NAADIRA BROWN MONTRELL R. RUSSELL JONATHAN A. WOISLAW STEPHEN L. BRUNER WILLIAM J. SACK ADAM M. WOJCIECHOWSKI JESSICA R. BULL CASSIEJO S. SAGGUS JEREMY A. WOODARD JONATHAN R. BUNZ DAVID R. SANCHEZ MATTHEW P. WOOLEY MARC N. BURD ROBERTO W. SANTOS PARKER S. WOOLWINE NICHOLAS A. BURKETT CHRISTOPHER J. SCHEEL MATTHEW C. H. WORK ANGELA D. BURTON JOSHUA J. SCHEELAR RYAN M. WORKMAN CORYE J. BUTLER LUKE S. SCHIEDERMAYER DAVID M. WREN JOSHUA L. CABALLERO ZACHARY R. SCOTT ANNA M. WYATT RAMON E. CABRERA OBADIAH R. SCROGGINS MICHAEL H. YAMAMOTO CHRISTOPHER J. CAIN SARAH B. SEAGROATT MATTHEW M. YANNITELLO NICHOLAS S. CAITO SUSAN J. SEIBERT BRIAN A. YODER JOSEPH Z. CALLAGHAN LAUREN E. SEIBT YOUNG K. YOUN PATRICK A. CAMPBELL SADIE D. SELLOW DEREK D. ZEMAN JACOB T. CANNON JASON A. SEXTON ANDREW F. ZICCARDI HUNTER B. CANTRELL JORDAN SEYMOUR SHAWN F. ZIMA WILLIAM E. CAPPS, JR. EMILY G. P. SFEIR D015238 MOSES P. CARLOCK III JOSEPH N. SHANE G010603 CHARLEE R. CARROLL VERNON D. SHANK D014714 MICHELLE M. CASS JAMES P. SHEEHAN D014362 TYLER O. CASSITY ASHLEY L. SHEPHERD G010615 DEREK J. CASTELLUCCIO ANDREW C. SHIELDS D014716 JACOB T. CASTORENO KRISTOFFER L. SIBBALUCA D014287 GARRETT C. CHANDLER MICHAEL L. SIEGNER G010597 EMILY E. CHAPMAN COLLIN P. SLEP G010567 NICOLE L. CHAPPELL JEFFREY L. SLINKER D015018 NNAMDI A. CHIDOZIE BURTON H. SLY III G010586 JOSHUA N. CHITTICK JERRY SMALLS II D015313 ISSAC CHONGULIA ADRIENNE M. SMITH D015044 BRANDON L. CHRISTIAN GREGORY D. SMITH G010582 JEREMY M. CHRISTIANSEN HUNTER D. SMITH G010580 JOHN J. CHURCHILL KHEELA A. SMITH D015446 DEBRA M. CLARK PATRICK W. SORENSEN G010649 GARY M. CLARK, JR. MERRILL K. SOUNDARARAJAN GEORGE A. CLARK D015252 DAVID A. SPARKS NICHOLAS C. CLARK D014312 JERRY W. SPARKS BRIAN J. CLAYTON G010573 DAVID A. SPENCER MICHAEL A. CLEMENT D014324 MATTHEW R. STACY CASEY B. CLOSE D014989 JACOB M. STALLINGS DAVID B. CLOSEN, JR. ANDREW B. STARKEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LAKISHA T. COFFEY MATTHEW L. STCLAIR TO THE GRADE INDICATED IN THE UNITED STATES ARMY DACHARVRICK D. COLLINS DANIEL J. STEFFEY UNDER TITLE 10, U.S.C., SECTION 624: CATHERINE L. COLLINSWORTH GREGORY S. STEINMEYER To be major SHON T. CONOVER NICHOLAS M. STORTINI DAVID A. CONROY JOSHUA M. STRADER JAMIE E. ABEL LAURA R. COOK RACHEL K. STRADER DANIEL A. ABLES, SR. JODI L. CORCORAN WILLIAM H. STROUSE JOHN ACEVEDO ADAM J. COURTRIGHT CHRISTOPHER E. STUTZMAN ALEX T. ADAMS SHANE R. COVERT JONATHAN K. SULLIVAN FAIRUSA ADAMS KIMBERLY R. COWAN RYAN M. SULLIVAN OSULLIVAN W. ADAMS BRIAN A. COWICK TIFANI G. SUMMERS TIFFANY D. ADAMS GILBERT J. COYLE MATTHEW M. SUPAN ANDREW W. ADDIS JACQUELINE E. CRAIG TRAVIS M. SWANSON ANTHONY D. ADDISON, JR. ROSS W. CREEL MICHAEL J. SWIENTEK EVAN J. AGUIRRE JOHNATHAN H. CRISP JOHN G. Z. TANSIOCO JASON G. AKERS WILLIAM A. CROWE, JR. CLINTON M. TATE DANIEL L. ALBERTS JOSE CRUZDIAZ SHAUN K. TATEISHI LEMIJA O. ALLEN KARINA Y. CUENCA ABEL E. TAVAREZ ROBERT D. ALLEN SHUNMAS D. CUMMINGS JOSEPH J. TAYLOR JONATHAN D. ALLISON ENRIQUE E. CURIEL KATHERINE L. TAYLOR YEZAN M. S. ALSERHAN ANDREI V. CUTAS ZACHARY R. TAYLOR RAMON ALVAREZ, JR. PHILIP L. CZUCHAJOWSKI KAREEM A. TERRELL ALEXANDRE W. ANDERSON CHRISTOPHER P. CZUPRYNA RICKY L. TESSARO ERIK T. ANDERSON PATRICK A. DALY JEFFREY A. THROCKMORTON SCOTT D. ANDERSON TUAN M. DANG JENNAE M. TOMLINSON FRED L. ANDREWS ERICK L. DAVIDSON JULIO TORRES III ROBERT G. ANDREWS TROY F. DAVIDSON ORLANDO TORRES DESIREE N. ANDRUS AARON L. DAVIS KELLY S. D. TSENG MIHKEL ANGELO CHARLES T. DAVIS CLARK H. TUCKER FRANK J. ANTOSZ III NATONA A. DAVIS BRENT A. TURNER NATHAN S. APTICAR RANDALL D. DAVIS WILLIAM E. TVETEN TRACY D. ARIZA ANTOINE K. DAWOUD CHUKWUMA V. UGENYI THOMAS M. ARTONE REBECCA S. DEAL JONATHAN T. UNRATH ELIZABETH A. AYOTTE JASON M. DECKER BRANDON C. UTYKANSKI DARRYL D. BAILEY CHRISTOPHER L. DELANEY CARLOS A. VACA RUSSELL J. BAKER SANTIAGO DELATORRE LOUISGUENS VALSSAINT RYAN P. BAKKEN JEREMY M. DELOACH WILLIAM J. VANARTSDALEN LEONARDO BARAJAS JOHNPAUL A. DEMAPAN DEVAN K. VAUGHAN ENA G. BARAN ROBERT W. DEPPI JASON A. VAUGHN EVAN R. BARBER KURT C. DIAZ SAMUEL K. VAUGHN DARRYL D. BARNETT II MIGUEL A. DIAZ RAYMOND T. VETTER NICHOLAS G. BARTLEY CHRISTOPHER M. DICHIARA SERGIO VILLARREAL SEAN P. BARTON THOMAS A. DIMIERO THEODORE A. VILLASENORLOYA CARLOS L. BATES RAFAEL H. DOMINGUEZ ADAM J. VISBEEN JOANNA K. BATISTA BRANDON N. DOTSON BRYAN H. VONDOHLEN MICHAEL E. BAUR JOHN S. DOWNEN CHARLES M. WADDLE ROBERT C. BEARD HEATHER DOWNS MARK N. WALCZYK MICHAEL L. BEAUSOLEIL NORMA Y. DRAYTON CHRISTOS A. WALDEN KATHRYN M. T. BELTRAN DANNY G. DUARTE MATHEW C. WALTER LANE M. BERG DEXTER W. DUGAN II LANCE M. WALTERS IVAN D. BERMUDEZ COTY O. DUPREE DANIEL T. WARD STANLEY C. BERSHINSKY BRIAN C. DUTTON TIMMY D. WATTS RICHARD J. BICE FREDRIC A. DWIGHT BRYAN M. WEAVER DAVID M. BIEMER WILLIAM C. DYER JOSHUA S. WEISBECKER ALBERT V. BINDOKAS MICHAEL R. EARLE EVAN R. WERTZ JACOB A. BLACK BRENDALY C. EATON JEFFERY A. WEST STANLEY E. BLACK, JR. JAMES D. ELKINS MICHAEL W. WEY KAMILIA M. BLAKE DAVID B. ELLINGTON ADAM M. WHEELER THOMAS B. BLASCHKE JOHN A. ESCALERA JACOB B. WHITE MITCHELL J. BOATWRIGHT PETER E. ETABO SEAN M. WHITE RYAN E. BOCKLAGE JENNIFER C. EVANS TRAVIS R. WHITE JOHN D. BOLAN JEREMY R. EVANS COLBY J. WHITEHILL KRISTINA N. BOLDEN LORENZO G. EVANS JENNIFER L. WHITTLE PETER T. BOLTUCH BRIANNE L. EWING HENRY J. WICKHAM THOMAS M. BOOKOUT DAVID C. FACIANE CHRISTOPHER D. WIECZOREK RANDY W. BOOKWALTER MATTHEW T. FACKLER LEPOLIA W. WIGGINS III JOHN M. BOWSER MICHAEL C. FANCHER IAN C. WILES VALENTIN J. BOZA MACI M. FARLEY DANIEL J. WILKES NATHANIEL P. BRADLEY MEGAN M. FELTZ BRANDON Q. WILLIAMS STEPHEN J. BRAGG DAVID R. FENNOY LEONARD C. WILLIAMS JAMES A. BRAY SEAN T. FESSENDEN MICHAEL P. WILLIAMS MATTHEW J. BREWSTER JEFFREY T. FINLEY II EDWARD C. WILLIS III JAMES A. BROEKER PETER J. FIOL MICHAEL A. WILLIS WILLIAM R. BROOKSHIRE LATIYA V. FISHER

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STEPHEN J. FITZPATRICK ABDOUL R. KANE CHARLESWORTH E. NELSON LYLE F. FLANAGAN ERIC J. KARWEL DOMECA O. NEWSOME JASON L. FLOYD MARK R. KEEL DAVID A. NIGH ANDREW R. FOLSE VINCENT R. KEEVER, JR. DANIEL A. NIXON AMANDA R. FONK SONJA N. KEITH VIBOL NONG AUSTIN A. FORSYTHE, JR. ANDREW J. KEITHLEY MELVIN I. OBODOAKO GENESIA A. FOSTER EDNA R. KELLER LAUREN S. OKADA ALLISON R. FOUST NIKELA D. KELLEY HENRY O. ONGONDI JOHN D. FRANCE ROBERT W. KELLY GILBERTO R. ORTEGA NATHURLON L. FREDERICKS LARRY V. KEMP ROBERTO ORTIZ ADAM E. FRETZ WILLIAM P. KENNEDY DAVID ORTIZRAMIREZ CHAD S. FRIZZELL ANDREW J. KIEVIT JOSEPH D. ORTON WILLIAM D. FULLER PAUL D. KIM CRAIG A. OVERHOLT CLAYTON L. GAINES SAM H. KIM JILL P. OWINGS DANIEL O. GAITAN MATTHEW L. KINDIG FRANKLIN D. PANGELINAN JAMILA L. GALEAGANS MATTHEW J. KING EUGENE H. PARK DANTE GALIOTO KEVIN K. KINNEY JAEWOO J. PARK JAMES P. GALLAGHER ALEXANDER J. KIPETZ SEAN PARK JASON D. GALLETTA ADAM N. KIRSCH MAIRA PATINO JEREMY K. GALVEZ TREVOR J. KLEMIN JESSE M. PAYNE JAMIL L. GANGCUANGCO JIMMY G. KNIGHT, JR. JARED M. PEACOCK MORGAN L. GARRISON PATRICK J. KNIGHT KYLE D. PEATFIELD MATTHEW J. GARY STEPHEN M. KNUDSEN MEGAN M. PEKOLEVANS KATHERYN A. GATEWOOD MICHAEL J. KOZIOL, JR. DAVID M. PERDUE JESSICA M. GATTISON ERIC T. KUFEL BRIAN R. PERKINS BRANDON E. GEARY JEREMY N. KUHN JENNIFER A. PERKINS MICHAEL E. GERBASI TRAVIS P. KYLE JOHN J. PFIESTER KEVIN F. GIBBONS KELVIN LADSON JONATHAN R. PFROMM JENNIFER M. GIBBS EDITH B. LAGUNASBOOTY JEFFREY M. PHILBIN TERANCE A. GOGAN JOSHUA L. LAKEY STEVEN M. PHILIPPS ELIZABETH GOMEZ ERIC J. LANGE ALIE L. PIERCE ANTHONY S. GONZALEZ JOSEPH E. LANGLINAIS DAMIAN R. PIERCE RUSSELL D. GORDON JOHN M. LANZAFAME RACHEL PIERRELOUIS ROBERT B. GRACIA STEIN E. LARSGAARD MARK A. PIJANOWSKI LACRYSTAL R. GRAHAM ERIK C. LARSON JOSHUA S. POBLETE STEVEN GRANDBERRY TIMOTHY E. LARUE, JR. VINCENT J. PRESTO ALICIA D. GRANT JAMES E. LAVENDER ANN L. PROPHETER NICHOLAS J. GRAZER PAK Y. LEE CHANELL Y. PRUDERAMIREZ MICHAEL F. GREEN RYAN J. LEGAULT TONY W. PRUDHOMME JOHN E. GREENMAN DAWN R. LEVOIT PHILLIP R. PURCELL IAN A. GREVEN SARAH A. LEVY JOHN T. QUARFELD VERONICA J. GRIFFIN NICKOLAS M. LEWIS BRIAN A. QUINN AMBER D. GRIMSLEY ERIK B. LINZMAYER ERIC L. RACKLEY DANIEL R. GROVE CESAR D. LIRIANO GORDON L. RADFORD II ERIC R. GUERRERO SANDRA M. LLAURY CRISTIAN I. RADULESCU JOSEPHGEORGE C. GUERRERO ALEJANDRO LOERA JESSICA A. RAFNSON TIFFANY L. HACKETT MITCHELL A. LOKKER JESSICA RAMIREZ JEFFREY L. HAFKEMEYER ASHLEY N. LONGAKER DAVID A. RAY BRYANT K. HALEY KEVIN B. LOPEZ CHUMMIE S. RECEL LAUREN W. HALL CARLOS E. LOPEZGARCIA ANDREW V. REDDY MICHAEL S. HALL DEANNA M. LOVE NIVEDAN V. REDDY NINA M. HALL JESSICA L. LOVE CHRISTOPHER S. REID TIMOTHY Q. HANCOCK MELISSA J. LOWE ERIC D. REX KEITH R. HARPER TRAVIS J. LOWE JUSTIN L. RHODES CHRISTOPHER P. HARRINGTON DARRELL S. LUSARDI CLEVELAND W. RICHARD NOHELONA T. HARRINGTON JOSE L. MACEDO JUSTIN L. RICHARD BERENICE R. HARRISON DENISE K. MACIAS CASEY D. RICHMOND JAMES D. HARRISON KENNETH D. MACKAY DOMINIC T. B. RIOS MICHAEL E. HARRISON JONATHAN MACMOYLE JASON N. RIVARD LOVE S. HARTMAN CRYSTAL M. MADDEN RICARDO RIVERA KRISTOPHER S. HARTWELL MATHEW W. MAGLIOZZI J R. ROBERSON JONATHAN P. HAWKINS JEFFREY D. MAINWARING KAY A. ROBINSON ROBERT W. HAWKINS JOSEPH A. MAKI JENNIFER L. RODRIGUEZ ZACHARY S. HAYES PATRICK A. MALONEY CYNTHIA M. RODRIGUEZHERNDON NAQUITA L. HAYNES KIMBERLY L. MARRA GAMALIEL RODRIGUEZMONTANEZ MEGAN E. HEATH HERMAN J. MARSHALL ANGELA D. ROGERS KATHRYN J. HEDGECOCK JONATHAN E. MARSHALL TRAVIS H. ROGILLIO DUSTIN L. HEIMSTEAD BRETT S. MARTIN ROYAH ROGOMENTICK JESSICA L. HEMMING BRUCE C. MARTIN ADRIAN D. ROTH JEREMIAH R. HENCKE JARROD W. MARTIN STEVEN P. ROYSE JACOB M. HENSCH MATTHEW Q. MARTIN JUSTIN M. RUDOLF BRYAN D. HENSON FILIBERTO MARTINEZ CHRISTOPHER W. RUTHERFORD JULIETTE E. HERMAN JOHNNY R. MARTINEZ DAVID J. RYKS RYAN A. HERNANDEZ DANIEL S. MARVIN MOHAMED A. SAEED DONOVAN X. HERRON MARJORIE J. MASIAS WILLIAM C. I. SALISBURY DEIRDRE C. HESTER JAMES J. MASKOVYAK SARA L. SANTILLI GRIFFIN S. HILL BRANDY N. MASON PATRICK E. SAXBY DOMONIQUE HITTNER STEVEN J. MASON RACHAEL M. SCHAFER NICHOLAS J. HITTNER DAVID E. MATAUTIA JACY S. SCHMIDT ANDREW V. HOFFMANN ROGER D. MATHERSON ZACHARY S. SCHOFIELD JERAD N. HOFFMANN KIMBERLY R. MAUS FAITHA M. SCHRADER PATRICK J. HOLLAND LESLIE A. MCBRIDE CHRISTOPHER H. SCHWEN SHANE L. HOOK LINDA D. MCBRIDE RITZA SCOTT SHAUNPAUL P. HORNILLA CHASE S. MCCABE JAMES E. SEGUIN SEAN N. HOYT BURTON E. MCCARTHY RICHARD R. SHAW ROSEMARY HUFF MICHAEL B. MCCOWN NATHAN H. SHEPARD SHAD S. HUGHES NATHANIEL A. MCDERMOTT ROBERT L. SHEPHERD KEIA N. HURT ERIC R. MCGINTY FRANK D. SIMMONS MELISSA E. HUVAL ARTHUR L. MCINTOSH MICHAEL W. SIMPSON DARREN E. INGRAM SEAN R. MCINTOSH NASHARA S. SIMS GREGORY C. INGRAM MARK A. MCKINNEY WINSTON L. SIMS CRYSTAL R. IRVING JAMES E. MCMILLON, JR. SHAWN M. SKILES JASON A. JACK KARA R. MCNEIL RYAN J. SLAGLE BRITTNEY L. JACKSON MATTHEW A. MELLOR STEPHANIE M. SMALL JUNIAS M. JACKSON JAMES W. MELSON ASHLEY A. SMITH LAVINA L. JACKSON JASON MERCADO BRYAN M. SMITH REBEKAH M. JADRNAK JEROME MERCER CHRISTOPHER R. SMITH BRANDI N. JAMES PATRICIACLAIRE M. MIAGA JEREMY B. SMITH EARNESTINE F. JAMES NATHAN T. MILLER JUSTIN M. SMITH KIMBERLY A. JANICEK THOMAS J. MILLER DOUGLAS J. SNODGRASS EDUWELL J. JENKINS JOHN S. E. MILLS JONATHAN M. SPACE ELIZABETH R. JIMENEZ ERICA I. MIRANDAORTIZ AARON M. SPENCE MONICA C. JIMENEZ LYNDON M. MITCHELL LILIJA M. SPURGEON ANDREW J. JOHNSON CAITLIN A. MOORE HILDA O. STARKS CRISTIN M. JOHNSON JEANSHAY D. MOORE ADRIAN V. STEELE JAMES F. JOHNSON TREMAINE J. MOORE MELISSA R. STETSON LARECCA D. JOHNSON CHRISTOPHER H. MORADI PHILIP J. STOFANAK NATHAN L. JOHNSON JOEL R. MORETTA TAYLOR STOKES BRIAN S. JOHNSTON AARON J. MORRIS RYAN R. STONE DUSTIN M. JOHNSTON JAMES M. MORRISON MICHAEL S. STRICKLAND ANTHONY L. JONES DASHA J. MOUNTAIN FRANKLIN L. STURGHILL MARIO S. JONES JASON C. MULLINS TINEAL L. SUGGS RYAN A. JONES PATRICK D. MUMPER BRETT M. SULLENGER TYNISHIA S. JONES CAROLYN M. MUNICH CANDICE Z. SUMMERS TIARA T. JOSEPH BRITTNEY L. MYRICK MANUELA C. SUSLIK SAMUEL JOSHUA GALO A. NARANJO TIMOTHY J. SWANTON JOSE E. JULIAORTIZ RYAN B. NEHUS DOMONICK D. L. SYLVE

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LESA B. SYLVE DANIELLE T. JAIME THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER M. TALLAKSEN RAYMOND G. JOHNSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY CRAIG A. TARTAGLIA JASON D. LAEHN UNDER TITLE 10, U.S.C., SECTION 624: ALEXANDER J. TAYLOR CRAIG A. LAPRADE JOSEPH N. TAYMON JAMES T. LETTERMAN To be lieutenant colonel MICHAEL J. THEUBET JESSIANNA MARSHALL JOHN J. LANDERS GINA N. THIBODEAUX BRIAN C. MCGILLIVRAY THE FOLLOWING NAMED OFFICER FOR REGULAR AP- HAROLD I. THIBODEAUX JOSEPH R. MUELLER POINTMENT IN THE GRADE INDICATED IN THE UNITED MICHAEL W. THOMAS MEGAN A. OKEEFE STATES ARMY AS A CHAPLAIN UNDER TITLE 10, U.S. C., KARL P. THOMPSON SHAWN R. QUILLEN SECTIONS 531 AND 7064: KATHERINE N. THREADGILL BLAYNE C. RICH JOHN B. TODD ERIC A. ROWLAND To be major ANGEL J. TORRES JOSEPH R. SPRACKLEN MARIA I. TORRES ANTONIO R. TERLAJE II DAVID P. FROMMER TAYLOR D. TRAVERSA SAMUEL C. THODE IN THE NAVY MARCOS A. TRAVERZO STEPHEN T. TIMMRECK DANIELL S. TREVINO MARK S. TOWNSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEALBERTO O. TRINIDAD STEVEN J. WHITE TO THE GRADE INDICATED IN THE UNITED STATES NAVY LASHAUNTE G. TROTTER JAMES E. WILLIS UNDER TITLE 10, U.S.C., SECTION 624: ROSA C. TROUTMAN G010437 To be lieutenant commander STEVE D. TRUONG THE FOLLOWING NAMED ARMY NATIONAL GUARD OF WESLEY S. TUDOR THE UNITED STATES OFFICERS FOR APPOINTMENT TO CATHERINE M. DICKINSON JENNIFER J. TURNIPSEED THE GRADE INDICATED IN THE RESERVE OF THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TASHA D. URBAN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHAD M. VANDENHULL UNDER TITLE 10, U.S.C., SECTION 624: NGENGE VEFONGE To be colonel MELODY A. VELASQUEZ To be commander JOHN C. BENSON ROSY VELEZ BRETT E. CHARSKY JOSEPH VELEZVIDAL DONALD A. SINITIERE KEVIN T. HICKEY ROCKIE D. VENTURA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID S. KELLEY RUSSELL P. VICKERS TO THE GRADE INDICATED IN THE UNITED STATES NAVY LISA C. MARTINEZ NICOLAS B. VILLEGAS RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID R. MATTIMORE MATTHEW S. VOGELE KEVIN P. OBRIEN To be captain DAVID M. VOGT MARK R. RAILEY BENJAMIN R. VONDERHEIDE CRAIG H. RUSSELL DANIEL M. WIEGREFE CHARLES VORASINGHA JASON A. SALSGIVER THE FOLLOWING NAMED OFFICERS FOR TEMPORARY LAYLA K. VULCAIN SEAN M. VIEIRA APPOINTMENT TO THE GRADES INDICATED IN THE ALEXANDER M. WADE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR REGULAR AP- MATTHEW P. WAECHTER 605: CHRISTOPHER A. WALISER POINTMENT TO THE GRADE INDICATED IN THE UNITED VERNON S. WALL STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S. C., To be captain STEPHEN M. WALTENBAUGH SECTIONS 531 AND 7064: STEPHEN W. ALDRIDGE PAYTON O. WALTERS To be major EMILY L. BASSETT RANDY D. WARREN II BURT J. CANFIELD NINA L. WASHINGTON ROSS C. PUFFER MICHEL C. FALZONE QUINTON D. WATKINS THE FOLLOWING NAMED OFFICER FOR REGULAR AP- BRYAN S. GALLO JOHN WEI POINTMENT IN THE GRADE INDICATED IN THE UNITED VICTOR J. GARZA BRYAN E. WEISS STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE MICHAEL C. GRUBB GREGORY T. WELLMAN 10, U.S.C., SECTIONS 531 AND 7064: CHAD A. HARDT MATTHEW R. WELLWOOD To be major AUSTIN M. JACKSON LEONARD M. WESCHLER BRENT C. SPILLNER DUSTIN T. WEST AMANDA G. LUSCHINSKI JAMES J. VONSTPAUL MATHEW B. WHARTON FRANCIS J. WALTER III THE FOLLOWING NAMED OFFICER FOR REGULAR AP- COREY M. WHEELER CHIMI I. ZACOT GREGORY B. WHITE POINTMENT IN THE GRADE INDICATED IN THE UNITED ROBERT K. WHITELEY STATES ARMY NURSE CORPS UNDER TITLE 10, U.S.C., To be commander MICHAEL E. WHITTED SECTIONS 531 AND 7064: DAVID S. A. BLAS RYAN P. WHITTLE To be major MARIO G. CASTELLANOS MARY N. WILCOX TIMOTHY A. FOX TREVOR L. WILD JUNE E. OSAVIO DAVID T. GARDNER CHRISTOPHER L. WILHELM THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- MICHAEL T. MCARAW JANET M. WILLIAMS POINTMENT IN THE GRADE INDICATED IN THE UNITED PETER P. MITCHELL WESTON C. WILLIAMS STATES ARMY NURSE CORPS UNDER TITLE 10, U.S.C., MICHAEL D. SLEDGE VEEDERA L. WILSON SECTIONS 531 AND 7064: WARREN F. WILSON To be lieutenant commander JEFFREY T. WOLEBEN To be major KYUNGHUN WOO ERNESTO H. ACOSTA DANIEL P. WOOD YASMIN J. ALTER JOSEPH L. M. BIGCAS MEREDITH C. WOODARD DEBBY L. POLOZECK LARRY W. BUCKNER II JOSHUA T. WOODAZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ZACHARY A. COPES BRADLEY J. WULFF TO THE GRADE INDICATED IN THE UNITED STATES ARMY JEREMIAH B. EDWARDS SAO XIONG UNDER TITLE 10, U.S.C., SECTION 624: JARROD J. FIECOAT WILLIAM A. FORTIN PHILIP G. YANDALL To be lieutenant colonel RENE V. YBARRA ERIN D. GEHLHAUSEN ROBERT M. GRAHAM DAVID YI OTHA J. HOLMES BENJAMIN L. GROUDLE HARRY S. YOON DALE F. MARROU DAVID T. HULSE DAVID A. YOUNG JONATHAN W. MURPHY JONES J. L. YOUNG JACOB R. HUNTLEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON YU ROBERT J. JAINDL III TO THE GRADE INDICATED IN THE RESERVE OF THE JOSEPH YU RYAN P. KELLY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DONALD W. ZECK FELECIA S. KHORRAM AARON M. ZELEK To be colonel ALEX T. KRIEGEL JONATHAN A. ZEREBINY JOHN T. LANGRECK EDUARDO C. ZERWES SHAUN P. MILLER ROBERTO F. MARTINEZ ADAM M. MCCANN MARK P. ZIEGENFUSS IN THE MARINE CORPS TIFFANY L. ZUZEEK CALEB D. MCKINNON D014113 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW R. MILLER D013970 IN THE GRADE INDICATED IN THE REGULAR MARINE NICHOLAS C. MILLER D015142 CORPS UNDER TITLE 10, U.S.C., SECTION 531: DANIEL J. MONTGOMERY HARRY C. NIEWALD III D014776 To be major D014063 STEVEN H. PACE KEITH A. STEVENSON ALLEN W. POWELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH L. RENDEMONTI TO THE GRADE INDICATED IN THE UNITED STATES ARMY IN THE ARMY DAVID R. RODRIGUEZ UNDER TITLE 10, U.S.C., SECTION 624: ANDREW D. ROEMHILD To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSHUA A. ROGERS TO THE GRADE INDICATED IN THE UNITED STATES ARMY LOUIS A. SCHLECKER ADESOLA O. ADEPEGBA MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S. C., STEVEN SEDA STEPHEN M. AKINS SECTIONS 624 AND 7064: CURTIS L. SHELTON III KRISTOPHER P. BAKER To be major TAYLOR N. SHEPPARD IAN D. BOLSER JARED A. SHRADER MICHAEL A. CARUSO KRISTA H. CLARKE JOSHUA J. STRAKA DENNIS A. CASERZA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IAN H. R. TAYLOR TRISTAN M. CAVANAUGH TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL J. VAHSEN EDGAR A. CEBALLOS MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 JAMES M. VANGEL ROBERT W. CUNNINGHAM AND 7064: JOHN M. WHITAKER ZONIE DANIELS GREGORY C. WILLIAMS ERIC L. DUNN To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN A. ELLIS PETER K. MARLIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY CALVIN L. FIELDS UNDER TITLE 10, U.S.C., SECTION 624: TRAVIS M. FLORIO THE FOLLOWING NAMED OFFICER FOR REGULAR AP- ROBERT I. FROST POINTMENT IN THE GRADE INDICATED IN THE UNITED To be captain MD J. U. HASAN STATES ARMY NURSE CORPS UNDER TITLE 10, U.S.C., BENJAMIN S. HICKS SECTIONS 531 AND 7064: PAUL J. KAYLOR DOUGAL HUTTON To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARCUS A. HYPOLITE IN THE GRADE INDICATED IN THE REGULAR NAVY BRANDON R. JACK ANGELA I. IYANOBOR UNDER TITLE 10, U.S.C., SECTION 531:

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BONG WILLIAM W. CRONKRIGHT RUTH E. KEHOE BRYAN E. CORNELIUS NICHOLAS J. CRUZ STEVEN M. KEISLING KEVIN P. COUGHLIN DEAN V. DAMIN CHRISTOPHER J. KELLY DAVID C. COX JAYSON M. DAVIDSON ROBERT S. KEMPER CHRISTOPHER J. CRIMI ARMANDO A. DAVIU JOHN G. KENNEDY SEAN P. DALY MATTHEW S. DECOURSEY BENJAMIN J. KILEY FRANCIS E. DICK III CHRISTOPHER M. DEMARS MATTHEW F. KLOBY MICHAEL E. DWYER CASEY G. DEMUNCK NATHAN K. KNOWLES DAVID J. FENNELL CHRISTOPHER A. DENVER ANTHONY M. KOEHL BRANDON J. FRAZEE BIJAN C. DERAKHSHAN DUANE H. KORTMAN, JR. ANTHONY E. GIARDINO MICHAEL A. DEREDITA RYAN T. KREBSBACH TIMOTHY E. GREBOS THOMAS R. DOLAN DAVID A. KRIEGBAUM CHRISTOPHER M. HOLLOWAY AMANDA N. DONNELLY AARON M. KRUDWIG DANIEL R. JARL DAMON A. DOYKOS ETHAN C. KRUMNOW JOSEPH A. KATZ CASEY W. DOYLE LOWELL D. KRUSINGER JOHN J. KELLY, JR. JAROD A. DRENNAN JENNIFER A. KUKLA SUN W. KIM ANIA V. DRISCOLL THOMAS A. KULISZ JERRY M. KLEBER DAVID J. DRISCOLL STEPHEN A. LACOVARA JOHN R. LEHMAN II THOMAS E. DRISCOLL JASON R. LAIRD DANIEL A. LOVELACE GREGORY M. DUESTERHAUS BART P. LAMBERT JAMES P. MCGONIGLE III THOMAS J. DUFF JONATHAN W. LANDERS CHARLES T. MONTGOMERY MICHAEL S. DUFFY KYLE E. LARISH DAVID S. MORRISON CHRISTOPHER S. DUNCAN JASON E. LATTA RAMIN M. OLSON IAN J. DUNCAN NICHOLAS B. LAW EUGENE A. QUARRIE III PATRICK E. DUNCAN RALPH E. LEMASTER ERIN M. RICHTER DAVID C. DUNSWORTH MARK A. LENZI MARK A. SHUSTER DANIEL B. EAGAN RAYMOND F. LHEUREUX, JR. STUART C. SMITH, JR. BENJAMIN D. EARLY JAMES J. LILLEY ALEXANDER H. SNOWDEN NATHANIEL M. EARLY JAMES R. LINDLER WADE B. STANTON ANDREW C. ECKERT MICHAEL T. LIPPERT ADAM N. SUBERVI JOSHUA S. EDWARDS ASHLEY E. LISH DARRICK D. SUN ROSS A. FEARON GREGORY A. LIZAK ERIC J. TURNER ROBERT W. FEATHERSTONE DAVID A. LOUIE GREGORY J. WILSON ADORJAN S. FERENCZY PAUL M. LOWMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BURR FERGUSON, JR. FRANK A. MACHNIAK, JR. TO THE GRADE INDICATED IN THE UNITED STATES MA- LEO FERGUSON III PATRICK R. MAHONEY RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION RYAN A. FERRELL ADAN A. MALDONADO 12203: JASON M. FIDUCCIA SHANE M. MANN DANIEL M. FLETCHER MICHAEL F. MANNING To be colonel CARLOS R. FLORES ERICA K. MANTZ VICTOR V. FLORES EFREN S. MANZANET MATTHEW S. BREEN SEAN P. FOLEY JONATHAN E. MARANG JASON E. BURKETT JAMEY D. FOSTER PAUL M. MARCY WADE V. DELIBERTO DAVID C. FRANK SCOTT A. MARTIN SHANE A. DONAHUE TIMOTHY C. FRETWELL TRACY A. MARTIN BRIAN P. JUAIRE CHRISTOPHER M. FREY FREDDIE F. MARTINEZ REYES J. RIVAS JOSEPH A. FRY LINDSAY E. MATHWICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN A. FULTON WILLIAM J. MATKINS TO THE GRADE INDICATED IN THE UNITED STATES MA- MATTHEW C. GAEDE NATHAN T. MCANDREWS RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER M. GAITENS LABARRON L. MCBRIDE To be lieutenant colonel MICHAEL L. GARDNER RICHARD P. MCKENZIE GARRON J. GARN MICHAEL D. MCMAHON BRETT D. ABBAMONTE ANTHONY T. GAROFANO STEPHEN M. MCNEIL ERNEST P. ABELSON II CLINTON P. GEBKE MATTHEW S. MCNERNEY BRETT E. ACKERBAUER JAMES M. GEIGER III JOHN A. MCNULTY BRIAN W. ACKERSON JAMES M. GEIGER, JR. WESTON S. MCPHEE JASON D. ACTIS JONATHAN M. GEISLER SHAWN A. MEIER STEVEN E. ALSOP CHARLES E. GEORGE JOHN T. MEIXNER JOSEPH A. ANDREJACK DEREK R. GEORGE ALEXANDER M. MELLMAN ANTONY J. ANDRIOUS MICHAEL A. GERSON CHARLES E. MILLER II MICHAEL G. ANKRUM MARCUS D. GILLETT JOHN C. MILLER ANDREW H. ARMSTRONG JAMIE M. GLINES JOSHUA D. MILLER ERIC R. ARMSTRONG NATHAN L. GOLIKE BRANDON L. MILLS CHRISTOPHER A. ASHINHURST PASCAL J. GONZALEZ DIEGO A. MIRANDA NICOLE V. BASTIAN DANIEL E. GRAINGER JUSTIN M. MOEYKENS DAVID G. BATCHELER SCOTT D. GRANIERO ROBERT A. MONROE JONATHAN R. BEARCE DANIEL W. GRINER JOSEPH D. MONTAGNA GARY R. BECHTOLD JEREMY H. GROEFSEMA JOSHUA E. MONTERO JAMES E. BEESON ANDREA N. GULLIKSEN PATRICK R. MORAN JOHN L. BELSHA SCOTT D. GURLEY MIGUEL MORENO DANIEL H. BENSON MARK A. GUTHRIE BRANDON W. MOTT ANDREW S. BIDDELL ROBERT F. GUYETTE II MARCUS D. MOYER BARNEY B. BLAINE JORDAN M. GWIAZDON LINDSAY K. MURPHY JEFFREY R. BOGLE PAUL D. HAAGENSON SCOTT E. MURPHY STEPHEN W. BORRETT KYLE P. HAHN ANDREW D. MYERS DREW T. BOSSART MATTHEW HALTON JAMES O. MYUNG PATRICK M. BRALEY BRIAN HANSELL JOHN B. NAUGHTON II CHRISTOPHER E. BRANDT KALEB J. HARKEMA JAMES R. NEAGLE DERRICK F. BREVILLE MICHAEL B. HARMON TIMOTHY C. NEDER JEFFREY M. BREWER AARON J. HARRELL MATTHEW J. NEELY JASON W. BRITAIN KEATON H. HARRELL CHRISTOPHER M. NELSON JONATHAN L. BRYANT ADAM M. HARRINGTON JEREMY M. NELSON ERIC C. BRYE JASON T. HARRIS ROBERT J. NEMAN WILLIAM L. BRYSON, JR. CHRISTOPHER R. HART ANDREW C. NEWBRANDER THOMAS A. BUIJTEN NICHOLAS J. HARVEY KAHO NG RICKY D. BURIA REBECCA M. HARVEY ANDREW D. NICHOLSON TYLER E. BURNHAM JESSICA M. HAWKINS THOMAS L. NICHOLSON III CHRISTOPHER J. BUSCEMI MICHAEL K. HAYES THANE A. NORMAN KYLE R. BUSH SCOTT H. HELMINSKI AARON C. NORWOOD DAMIEN M. BUTEL JOSE R. HERNANDEZ MARK P. NOSTRO JUSTIN G. BUTLER LUCAS F. HERNANDEZ COURTNEY D. OBRIEN EBEN C. BUXTON PAUL C. HERRERA WILBUR S. OLES IV LARRY L. BUZZARD JONATHAN D. HESKETT TOMMY L. OLSON NELSON F. CANDELARIO, JR. EMMALINE J. HILL JOSHUA J. ONUSKA KATHARINE E. CARLSON MATTHEW W. HOHL KYLE B. OPEL CHARLES A. CASEY KRIKET S. HOLLEY JANE R. OREN JASON CASTILLO JUSTIN P. HOOD WILLIAM C. OREN MICHAEL F. CLEVENGER ADAM A. HORNE PEDRO ORTIZ ADAM C. COKER JACOB E. HOSKINS JAROD N. OVERTON ALEXANDER G. COLE WILLIAM R. HOUCK JAY M. PALMER AMBER G. COLEMAN JOHN C. HUENEFELD II BENJAMIN M. PARENTE CRAIG W. COLLINGS JACOB M. HUMMITZSCH RAMON E. PATTUGALAN RYAN C. COLLINS CHARLES P. HUNT LAURA J. PERAZZOLA

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ADAM F. PERLIN JASON M. SNOOK RAMON F. VASQUEZ BUCK A. PERRY JASON T. STEPHENSON THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR TODD A. PETERSON ROBERT L. STEVENSON III APPOINTMENT TO THE GRADE INDICATED IN THE JOSEPH R. PETKUS NICKOLAS A. STEWARD UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., STEVEN M. PIACENTE JON D. STIEBNER SECTION 624: STEPHEN M. PIANTANIDA DANIEL J. STRUZIK HANSON W. PITCHFORD PATRICK C. SULLIVAN To be major WILLIAM J. POMEROY JUSTIN E. SUMNER ERIC D. PORTER BRETT R. SWAIM DONALD K. BROWN JEFFREY B. POTTER AUTUMN D. SWINFORD JAMES F. HAUNTY RUSSELL E. POUND HOI W. TAM ERIC C. KAURANEN WILLIAM M. POWELL EVAN E. TAYLOR MATTHEW M. MULHERIN AARON W. PRIDGEN MICHAEL A. TAYLOR KEITH R. WILKINSON DOUGLAS T. PUGH CHRISTOPHER A. TCHINSKI THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR DAVID S. RAINEY BRYCESON K. TENOLD APPOINTMENT TO THE GRADE INDICATED IN THE ANTHONY D. RAMEY CURTIS L. THOMAS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., LECHELLE D. RAPALLINI DANIELLE E. THOMAS SECTION 624: NATHAN T. RASMUSSEN MATTHEW A. THOMPSON JONATHAN P. REED GABRIEL W. TIGGS To be major JASON R. REUKEMA WILLIAM M. TOMASZEK, JR. RYAN A. REYNOLDS DAVID L. TRAN CHRISTINA L. HUDSON PHILIPP E. RIGAUT CHANCE D. TROMBETTI DAVID J. LABONTE, JR. JONATHAN M. RINGLEIN EMMA C. TUCKER DERRICK E. OLIVER STEPHEN A. RITCHIE WILLIAM D. TURNER III BRENT J. PATTERSON ERIC S. ROGERS NICHOLAS R. TYSON THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JEFFREY M. ROHMAN SAMUEL A. VERPLANCK APPOINTMENT TO THE GRADE INDICATED IN THE NATHAN M. ROLLINS RICHARD J. WAGNER UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JARROD C. ROTHMAN TOBIN J. WALKER SECTION 624: JAMES P. RUBOCKI SHANNON M. WALLER JOSEPH M. SALUCCI JASON R. WAREHAM To be major ANTHONY N. SAMA MICHAEL A. WEATHERS GARY J. SAMPSON WILLIAM G. WHEATLEY, JR. JAMES M. SHIPMAN LUKE A. SAUBER LEE A. WHITE PHILIP S. SPENCER STUART P. SCHELLER, JR. MICHAEL W. WHITE THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR ERIC A. SCHERRER JOE A. WHITEFIELD, JR. APPOINTMENT TO THE GRADE INDICATED IN THE WILL A. SCHMITT NICKOLAS D. WHITEFIELD UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOSEF H. WIESE JASON C. SCHNEIDER SECTION 624: CHRISTOPHER F. WILDT ROBERT C. SCHOTTER BRIAN S. WILLIAMS JOHN T. SCHREINER To be major JOHN L. WILLIAMS II TED W. SCHROEDER MICHAEL W. WILLIAMSON CHRISTOPHER L. KAISER JASON T. SCHULZE NATHAN S. WILLIS JESSE P. SCHWEIG THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SEAN D. WILLS JONATHAN M. SECOR APPOINTMENT TO THE GRADE INDICATED IN THE BRIAN J. WILSON ANDREW J. SEGAL UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KYLE S. WILT ANTON T. SEMELROTH SECTION 624: CHRISTOPHER D. WINN RICHARD L. SHINN LISA S. WOO WAN J. SHO To be major MICHAEL R. WOODARD STEVEN J. SICLARI ROBERT W. WOODARD PETER T. GRAHAM WILLIAM B. SIMI JOSHUA W. WORT GLENN A. STALEY JOHN R. SISSON ADRIAN E. YBARRA TRAVIS W. STORIE ERIC J. SKOCZENSKI JASON C. YURISIC THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JOSEPH L. SLUSSER APPOINTMENT TO THE GRADE INDICATED IN THE COREY J. SMITH THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JASON L. SMITH APPOINTMENT TO THE GRADE INDICATED IN THE SECTION 624: JEREMY B. SMITH UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JUSTIN G. SMITH SECTION 624: To be major KENNETH W. SMITH To be major NICHOLAS A. SMITH DANIEL E. FUSON WILLIAM M. SMYTH JOSEPH P. BALL EDWIN E. RODRIGUEZ WALTER P. SNODGRASS ROBERT A. LIEN JESUS T. RODRIGUEZ

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