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 ex- tremely 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 de- position 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. S813 . 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.