S1144 CONGRESSIONAL RECORD — SENATE February 25, 2020 My intention here is not to condemn from one State’s roll in 2018 were Afri- period of weeks, President Nixon re- my home State. To the contrary, I am can Americans. Studies reveal that im- signed before he was formally im- exceedingly proud of the struggles for plementing strict voter ID laws widens peached. Then, just over two decades justice that have bloomed in Maryland the Black-White turnout gap by more later, President Clinton was impeached through abolitionists like Harriet Tub- than 400 percent. by the House, on another mostly par- man and Frederick Douglas and civil So long as we allow these sorts of tisan vote leading to a partisan acquit- rights leaders like Thurgood Marshall. practices to continue under the exag- tal in the Senate. I draw inspiration from the lineage of geration of voter ‘‘fraud,’’ we are deny- This season of our history has been African-American public servants in ing African Americans their full right referred to as the Age of Investigations Maryland who overcame enormous ob- to vote and breaking the promise we and the Age of Impeachment. We have stacles in order to amplify the voices of made 150 years ago. This is a problem had multiple special counsels since 1974 their brothers and sisters. on principle, of course, but also for over multiple topics. This is more than These public servants include Verda practical reasons; when we exclude peo- just oversight; it has been a unique Welcome, the first Black woman ever ple from fully participating in our de- time in American history when the pol- elected to any State’s senate, as well mocracy, we prevent them from itics of the moment have driven rapid as Adrienne Jones, the current speaker achieving the social, economic, and calls for investigation and impeach- of the Maryland House of Delegates, civic reforms they need to strengthen ment. Over the past 3 years, the House who is the first African American and their families and communities. of Representatives has voted four times first woman to serve in that position. So what are we going to do about to open an impeachment inquiry: once They also include my friend and that? I know what I will do; I will fight in 2017, once in 2018, and twice in 2019. hero, Congressman Elijah Cummings, for laws that will guarantee every Only the second vote in 2019 actually the son of sharecroppers who devoted American a voice in our democracy. passed and began a formal inquiry. his life to fighting for equality and That is why I have introduced bills to The Mueller investigation that con- fairness and lifting up our beloved com- restore the Federal right to vote to ex- sumed most of 2018 and 2019 answered munity of Baltimore. offenders and to penalize the voter in- many questions about Russian attacks I am likewise grateful for all of the timidation and deception efforts so fre- on our voting systems—although no Marylanders whose names we might quently aimed at people of color. These votes were changed—but it was also a not know, but who nevertheless work measures alone will not eliminate sup- $32 million investigation that took every day to expand educational eq- pression of the Black vote, but they are more than 2 years of America’s atten- uity, reform our justice system, shrink steps in the right direction. tion. For the last 4 months the country the wealth gap, deliver healthcare, and The racism that we vowed to root out has been consumed with impeachment otherwise make our society better. a long time ago is still here. We may hearings and investigations. The first Thanks to brave and dedicated people have reined it in, or it may have taken rumors of issues with arose like these in Maryland and across the new forms that we do not recognize August 28 when published a country, we have made significant yet, but it is still here. story about U.S. foreign aid being slow- strides toward racial justice. The Reverend Dr. Martin Luther walked for Ukraine, and then on Sep- I began my remarks by discussing King, Jr. remarked, ‘‘It may be true tember 18 when Maryland’s bleaker moments in history that the law cannot make a man love published a story about a whistle- for two reasons. First, to demonstrate me, but it can keep him from lynching blower report that claimed President that we must never take progress for me.’’ It is true that we cannot legislate Trump pressured an unnamed foreign granted—Maryland has not always love, but we can and must legislate head of state to do an investigation for been a tolerant, inclusive State, it did equality. his campaign. not become one by accident, and it will Until we guarantee the right to vote Within days of the Washington Post not continue to be one unless we work regardless of race, we fall short of the story on September 24, Speaker PELOSI to make it so. Democracy and the rule unique promise and potential of the announced that the House would begin of law do not just happen; we need to United States of America. How can we hearings to impeach the President, protect and nourish them every day. be, at last, the Shining City on the which led to the formal House vote to Second, to illuminate how those in- Hill, while we continue to deny people open the impeachment inquiry on Oc- justices that still exist, of which there their right to vote because of the color tober 31 and then a vote to impeach the are many, are not new and are not inci- of their skin? President on December 18. But after dental—they are not just disparate ef- For the sake of our democracy and the partisan vote to impeach the Presi- fects of forces beyond our control. our common humanity, for the sake of dent, Speaker PELOSI held the Articles They are deeply rooted in policies and those who have suffered and died, for of Impeachment for a month before systems intentionally designed to sub- the sake of those living and those yet turning them over to the Senate, which jugate African Americans. to come, let us make good on our 150- began the formal trial of the President One of the strongest, most disheart- year-old promise. of the United States on January 16, ening examples of this phenomenon is Let us build on the progress we have 2020. After hearing hours of arguments the ongoing assault on the right to achieved, and let us stay vigilant about from both House managers and the vote. This is not ancient history. the threats that remain. Let us fulfill President’s legal defense team and Sen- States all over the country continue to the right to vote. ators asking 180 questions to both ‘‘modernize’’ strategies developed a f sides, the trial concluded February 5, century ago to suppress African-Amer- IMPEACHMENT 2020. ican voting power. Some of these strat- There are key dates to know: egies are blatant and recognizable, like Mr. LANKFORD. Madam President, April 21, 2019, President Zelensky is mass purges of voter rolls; the gerry- the country is deeply divided on mul- elected President of Ukraine. mandering of districts with ‘‘surgical tiple issues right now. The impeach- May 21, President Zelensky sworn in. precision,’’ according to one court; and ment trial is both a symptom of our After the ceremony, President intimidation of Black voters. Some of times and another example of our divi- Zelensky abolishes Parliament and the strategies are disguised behind ex- sion. At the beginning of our Nation, calls for quick snap elections on July cuses or fear tactics, like obstructive we did not have an impeachment in- 21. voter ID laws and felony disenfran- quiry of a President for almost 100 July 21, Ukrainian Parliamentary chisement. years with the partisan impeachment elections. President Zelensky’s party Regardless, these tools of oppression of Andrew Johnson. After more than wins a huge majority. are alive and operating as intended. 100 years, another impeachment in- July 25, President Trump calls Presi- One in every 13 African Americans quiry was conducted when the House dent Zelensky to congratulate him and has lost his or her right to vote be- began a formal impeachment inquiry his party. cause of felony disenfranchisement. into President Nixon in an overwhelm- August 12, An unnamed whistle- Seventy percent of the voters purged ingly bipartisan vote of 410–4. Within a blower working in the U.S. intelligence

VerDate Sep 11 2014 02:18 Feb 26, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.026 S25FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 25, 2020 CONGRESSIONAL RECORD — SENATE S1145 community filed a complaint that he nity. President Trump met the pre- Trump’s personal attorney, in the com- had heard from others that the Presi- vious President of Ukraine in 2017 to ing days, which led to a conversation dent of the United States had tried to talk about other countries helping about and the firing of the pressure President Zelensky of Ukraine Ukraine with greater military support previous prosecutor in Ukraine. to investigate former Vice President funds and to ask how Ukraine could ad- After the call, Lieutenant Colonel Joe Biden on an official phone call July dress corruption on a wider scale. The Vindman contacted an attorney at the 25, 2019. two Presidents also spoke about lethal National Security Council to express August 26, the Inspector General for aid—allowing the Ukrainians to buy his ‘‘policy concerns’’ about the call. It the Intelligence Community declares sniper rifles, anti-tank Javelin mis- is interesting to note that Lieutenant the whistleblower report ‘‘an urgent siles, and other lethal supplies—to help Colonel Vindman’s boss, Tim Morrison, matter’’ and asks for its release within them fight the invading Russians. The was also on the call, but he did not see 7 days. The Justice Department looks United States also started sending a any problems or concerns with the call over the report and notes that al- couple hundred American troops to according to his own testimony in the though it was written by a person in train Ukrainian soldiers in the far west House impeachment inquiry. Within a the intelligence community, it is not of Ukraine. month, a whistleblower filed a report related to intelligence matters, so it On April 21, 2019, President Zelensky about the call, saying he heard about does not fall within the Inspector Gen- was overwhelmingly elected as the new the call secondhand and was concerned eral’s jurisdiction and it is forwarded President of Ukraine. He was a sitcom about the implications of a conversa- on to the Department of Justice for re- actor/comedian who had no political tion about elections on a head-of-state view. experience but was well known for his call. To keep the July 25th call in con- August 28, POLITICO publishes a television show in which he played the text with other news, the day before it story that the annual military aid for part of a corruption-fighting teacher took place July 24 Robert Mueller had Ukraine is currently being slow- who was elected as President of testified before Congress as the last of- walked. Ukraine. His television popularity ficial act to close down the 21⁄2 year September 9, the Inspector General helped him win the election, but when Mueller investigation and clear the contacts the House Intelligence Com- he was sworn in on May 21, he was rel- President and his campaign team of mittee to let them know that he has atively unknown to most of the world. any further accusation of election in- not been able to release the whistle- On the same day as his inauguration, terference. May 21, President Zelensky abolished blower report to their committee. During the impeachment trial in the Parliament and called for snap elec- September 13, the House Intelligence Senate, the House managers repeated tions to put his party in power. With a Committee subpoenas the whistle- over and over that the President was new President in place and parliamen- blower report. planning to cheat ‘‘again’’ on the next tary elections in Ukraine coming, September 18, the Washington Post election, but the final conclusion of the starting in June of 2019, the President prints a story with ‘‘unnamed sources’’ Mueller report was that ‘‘ultimately, ordered foreign aid to Ukraine to be that there is a whistleblower report the investigation did not establish that held until the end of the fiscal year, about the President talking with a for- the (Trump) Campaign coordinated or but agencies were informed that they eign leader about a campaign matter. conspired with the Russian government should do all the preliminary work September 24, the House began an in- in its election-interference activities.’’ formal impeachment inquiry after needed before the aid was sent, so it This is especially notable because for Speaker Pelosi announced it at a press would be ready to release at a mo- years a rumor circulated that Ukraine conference in the U.S. Capitol. ment’s notice. The leadership in September 25, President Trump re- Ukraine was not notified that there was part of the 2016 election inter- leased the official unredacted ‘‘read was a hold on their foreign aid. ference and that someone in Ukraine out’’ of the phone call with President The new Parliament was elected on was hiding the Democratic National Zelensky from July 25. July 21, and President Zelensky’s party Committee, DNC, server that was September 26, the whistleblower re- won by a landslide. By mid-August, the hacked by the Russians in 2016. As the port is declassified and released pub- new Parliament was working on anti- conspiracy theory goes, it was actually licly. corruption efforts and trying to estab- the Ukrainians who hacked the DNC, October 31, the House formally votes lish a high court on corruption, which not the Russians. This is the along party lines for an impeachment they put in place September 5, 2019. ‘‘Crowdstrike’’ theory that President inquiry. There was a tremendous amount of un- Trump asked President Zelensky to December 18, the House votes to im- certainty in the early days of the new help solve during the call. peach the President with two articles— administration, but by mid-August Agencies of the U.S. intelligence abuse of Power and obstruction of con- there was clear evidence of actual community have stated over and over gress change in a country that desperately that they did not believe that Ukraine January 15, Speaker PELOSI releases needed a new direction from its corrupt was involved in the Russian election the Articles of Impeachment to the past. interference from 2016. I personally Senate. On July 25, when President Trump agree with the intelligence community January 16, Senate trial on impeach- called President Zelensky, the Presi- assessment but and mul- ment begins. dent congratulated President Zelensky tiple others around President Trump February 5, Senate trial concludes for the big win in Parliament and believed there was a secret plan in 2016 with acquittal on both articles. talked about ‘‘burden-sharing’’—other to hurt President Trump’s election Ukraine became independent in 1991 nations also paying their share of sup- from Ukraine. This accusation was am- when it broke away from the Soviet port for Ukraine. The two Presidents plified by bits of truth, including that Union, but the Ukrainians have faced talked about their disapproval of the the Ukrainian Ambassador to the constant pressure from Russia ever previous mbassadors to each other’s United States wrote an editorial in since. In 2014 Ukraine forced out its countries. But instead of following all support of Hillary Clinton in 2016 right pro-Russia President, and Moscow re- the staff preparation notes written by before the election, and several other taliated by taking over Crimea—and Lieutenant Colonel Vindman, the Na- Ukrainian officials publicly spoke out stealing the Ukrainian Navy—then tional Security Council staffer as- against Candidate Trump in 2016. rolling tanks into eastern Ukraine and signed to Ukraine, and just talking There is nothing illegal about a for- taking all of eastern Ukraine by force. about ‘‘corruption’’ in general, the eign nation speaking out for or against Russian and Ukrainian troops continue President brought up a question about a Presidential candidate, whether Hil- to fight every day in eastern Ukraine. Ukraine and the 2016 election inter- lary Clinton or in 2016 The people of Ukraine face an aggres- ference, which I will note below. Presi- or anyone else in the future. It may sive Russia on the east and pervasive dent Zelensky also brought up to Presi- not be wise to take sides before an elec- Soviet era corruption throughout the dent Trump that his staff was planning tion, but it is not illegal. Just because government and the business commu- to meet with Rudy Giuliani, President some Ukrainian officials took sides

VerDate Sep 11 2014 02:18 Feb 26, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.018 S25FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1146 CONGRESSIONAL RECORD — SENATE February 25, 2020 does not mean that the whole Ukrain- tion research was not illegal, but the people. Not the old politicians, not the typ- ian Government worked on a cyber at- use and abuse of that document by the ical politicians, because we want to have a tack on our elections. But since this FBI to start an investigation was cer- new format and a new type of government. You are a great teacher for us and in that. rumor had persisted, and it was a new tainly inappropriate and is most likely The President: Well it is very nice of you administration now in Ukraine, Presi- illegal. But the FBI warrant issue is to say that. I will say that we do a lot for dent Trump asked President Zelensky still being investigated by the ongoing Ukraine. We spend a lot of effort and a lot of to help clear up the facts if he could. Durham probe. time. Much more than the European coun- That is certainly not illegal or im- During the July 25, 2019, call, Presi- tries are doing and they should be helping proper, and it is certainly not some- dent Zelensky brought up the issue of you more than they are. Germany does al- thing that could help the President in Rudy Giuliani, and President Trump most nothing for you. All they do is talk and the 2020 election, especially since the I think it’s something that you should really replied to his statement. You can argue ask them about. When I was speaking to An- 2016 Russian election accusation had that President Trump should not have gela Merkel she talks Ukraine, but she just been closed the day before. discussed the issue with President doesn’t do anything. A lot of the European The 2016 ‘‘Crowdstrike’’ theory is the Zelensky when he brought it up, but it countries are the same way so I think it’s issue that President Trump asked is certainly not illegal or impeachable something you want to look at but the President Zelensky to ‘‘do us a favor’’ to talk about it, especially when there United States has been very very good to about, not the Bidens or . Dur- are serious questions about Hunter Ukraine. I wouldn’t say that it’s reciprocal necessarily because things are happening ing the July 25 call after the question Biden’s work with Burisma. That is not about ‘‘Crowdstrike,’’ President that are not good but the United States has a conservative conspiracy theory; the been very very good to Ukraine. Zelensky mentioned to President issue of Hunter Biden’s employment in President Zelensky: Yes you are absolutely Trump that one of his advisers would Ukraine was a problem for years at the right. Not only 100%, but actually 1000% and be meeting with Rudy Giuliani soon. State Department. It had been raised I can tell you the following; I did talk to An- Then, President Trump affirmed that to Vice President Biden when he was gela Merkel and I did meet with her I also meeting and encouraged them to talk still in office. Every State Department met and talked with Macron and I told them about the Biden investigation and the that they are not doing quite as much as official interviewed for the Trump im- they need to be doing on the issues with the firing of the Ukrainian prosecutor. peachment investigation noted that at sanctions. They are not enforcing the sanc- That may seem out of the blue, but best it was a clear , tions. They are not working as much as they in Washington, D.C., that week, the and it was the center of a huge story on should work for Ukraine. It turns out that city was buzzing about a Washington corruption in the Washington Post on even though logically, the Post article that had been written 3 July 22, 2019. It had the appearance of should be our biggest partner but technically days before July 22, 2019—detailing high-level corruption by using a well- the United States is a much bigger partner Hunter Biden’s giant salary—$83,000 per placed family member on the board of than the European Union and I’m very grate- ful to you for that because the United States month—for doing essentially nothing a known corrupt gas company in for a corrupt Ukrainian natural gas is doing quite a lot for Ukraine. Much more Ukraine to shelter it from prosecutors. than the European Union especially when we company and how it undercut Vice Hunter Biden had only resigned from are talking about sanctions against the Rus- President Biden’s message on corrup- the Burisma board a few months before sian Federation. I would also like to thank tion. the July 25 phone call, just prior to you for your great support in the area of de- It is important to get the context of when his dad announced his run for the fense. We are ready to continue to cooperate that week to understand the context of Presidency in 2019. for the next steps specifically we are almost. the phone call that day. I have no After the July 25 phone call, Attor- ready to buy more Javelins from the United States for defense purposes. doubt that the story was just as big of ney General Barr did not have any fol- news in Kiev, Ukraine, as it was in The President: I would like you to do us a lowup meetings or calls with Ukrainian favor though because our country has been Washington, D.C., that week. President officials. Rudy Giuliani did have addi- through a lot and Ukraine knows a lot about Trump’s personal attorney, Rudy tional conversations with Ukrainian it. I would like you to find out what hap- Giuliani, had been in and out of officials, which are legal to do since he pened with this whole situation with Ukraine since November 2018, meeting is a private attorney representing the Ukraine, they say Crowdstrike. I guess you with government officials and trying to President. have one of your wealthy people . . . The find out more about the ‘‘Crowdstrike’’ server, they say Ukraine has it. There are a TEXT OF JULY 25, 2019 PHONE CALL BETWEEN lot of things that went on, the whole situa- theory or any other Ukrainian connec- PRESIDENTS TRUMP AND ZELENSKY tion to the 2016 election. During that tion. I think you’re surrounding yourself The President: Congratulations on a great with some of the same people. I would like to time, Rudy Giuliani met several former victory. We all watched from the United have the Attorney General call you or your prosecutors from Ukraine who blamed States and you did a terrific job. The way people and I would like you to get to the bot- their departure on Vice President you came from behind, somebody who wasn’t tom of it. As you saw yesterday, that whole Biden. It is clear that Rudy Giuliani given much of a chance, and you ended up nonsense ended with a very poor perform- was working to gain information about winning easily. It’s a fantastic achievement. ance by a man named Robert Mueller, an in- both of these issues in his capacity as Congratulations. competent performance, but they say a lot of President Trump’s private attorney. President Zelensky: You are absolutely it started with Ukraine. Whatever you can It is not criminal for Rudy Giuliani right Mr. President. We did win big and we do, it’s very important that you do it if worked hard for this. We worked a lot but I that’s possible. to work on opposition research for a would like to confess to you that I had an op- President Zelensky: Yes it is very impor- Presidential campaign or to work on portunity to learn from you. We used quite a tant for me and everything that you just behalf of his client to clear his name few of your skills and knowledge and were mentioned earlier. For me as a President, it from any issues related to the 2016 able to use it as an example for our elections is very important and we are open for any fu- campaign, which he had done since No- and yes it is true that these were unique ture cooperation. We are ready to open a new vember 2018. Some have stated that elections. We were in a unique situation that page on cooperation in relations between the since this was ‘‘foreign information,’’ we were able to achieve a unique success. I’m United States and Ukraine. For that pur- it is illegal. That is absolutely not able to tell you the following; the first time pose, I just recalled our ambassador from you called me to congratulate me when I United States and he will be replaced by a true. In fact, Hillary Clinton and the won my presidential election, and the second very competent and very experienced ambas- Democratic National Committee in time you are now calling me when my party sador who will work hard on making sure 2016 paid a British citizen, Christopher won the parliamentary election. I think I that our two nations are getting closer. I Steele, to work his contacts in Russia should run more often so you can call me would also like and hope to see him having to create the now debunked ‘‘Steele more often and we can talk over the phone your trust and your confidence and have per- Dossier,’’ which the FBI used to open more often. sonal relations with you so we can cooperate its investigation into President Trump, The President: (laughter) That’s a very even more so. I will personally tell you that leading directly to the appointment of good idea. I think your country is very one of my assistants spoke with Mr. Giuliani happy about that. just recently and we are hoping very much Special Counsel Mueller. That dossier President Zelensky: Well yes, to tell you that Mr. Giuliani will be able to travel to was opposition research done in Russia the truth, we are trying to work hard be- Ukraine and we will meet once he comes to by a British citizen, paid for by the cause we wanted to drain the swamp here in Ukraine. I just wanted to assure you once Clinton campaign team. Their opposi- our country. We brought in many many new again that you have nobody but friends

VerDate Sep 11 2014 04:30 Feb 26, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.019 S25FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 25, 2020 CONGRESSIONAL RECORD — SENATE S1147 around us. I will make sure that I surround be very serious about the case and will work meeting from a meeting myself with the best and most experienced on the investigation. As to the economy, to a face-to-face meeting in Warsaw, people. I also wanted to tell you that we are there is much potential for our two countries Poland, when they would both be there friends. We are great friends and you Mr. and one of the issues that is very important on September 1, 2019. The Presidents President have friends in our country so we for Ukraine is energy independence. I believe can continue our strategic partnership. I we can be very successful and cooperating on agreed, and planning began on the also plan to surround myself with great peo- energy independence with United States. We meeting in August. By August 22, the ple and in addition to that investigation, I are already working on cooperation. We are meeting planning was in full swing, as guarantee as the President of Ukraine that buying American oil but I am very hopeful noted by emails in the House hearing’s all the investigations will be done openly for a future meeting. We will have more time evidence. However, Hurricane Dorian and candidly. That I can assure you. and more opportunities to discuss these op- slammed into the United States in the The President: Good because I heard you portunities and get to know each other bet- hours leading up to the September 1 had a prosecutor who was very good and he ter. I would like to thank you very much for was shut down and that’s really unfair. A lot your support. meeting, causing a last-minute shift to of people are talking about that, the way The President: Good. Well, thank you very the Vice President traveling to Poland they shut your very good prosecutor down much and I appreciate that. I will tell Rudy so the President could stay in the and you had some very bad people involved. and Attorney General Barr to call. Thank United States to monitor hurricane re- Mr. Giuliani is a highly respected man. He you. Whenever you would like to come to the lief. was the mayor of New York City, a great White House, feel free to call. Give us a date We know that Vice President PENCE mayor, and I would like him to call you. I and we’ll work that out. I look forward to met face-to-face with President seeing you. President Zelensky: Thank you will ask him to call you along with the At- Zelensky, and they spoke about other torney General. Rudy very much knows very much. I would be very happy to come what’s happening and he is a very capable and would be happy to meet with you person- nations paying their fair share to help guy. If you could speak to him that would be ally and get to know you better. I am look- Ukraine and the issue of corruption great. The former ambassador from the ing forward to our meeting and I also would across Ukraine. We know from the United States, the woman, was bad news and like to invite you to visit Ukraine and come preparation materials and the meeting the people she was dealing with in the to the city of Kyiv which is a beautiful city. notes themselves that during the meet- Ukraine were bad news so I just want to let We have a beautiful country which would ing the Vice President did not bring up welcome you. On the other hand, I believe you know that. The other thing, There’s a or discuss the issue of Burisma, Joe lot of talk about Biden’s son, that Biden that on September 1 we will be in Poland and stopped the prosecution and a lot of people we can meet in Poland hopefully. After that, Biden, or any other campaign con- want to find out about that so whatever you it might be a very good idea for you to travel versation with President Zelensky. can do with the Attorney General would be to Ukraine. We can either take my plane and The White House found the next great. Biden went around bragging that he go to Ukraine or we can take your plane, available time when President Trump stopped the prosecution so if you can look which is probably much better than mine. and President Zelensky would both be into it . . . It sounds horrible to me. The President: Okay, we can work that in the same place at the same time to out. I look forward to seeing you in Wash- President Zelensky: I wanted to tell you set up a face-to-face meeting: Sep- about the prosecutor. First of all, I under- ington and maybe in Poland because I think stand and I’m knowledgeable about the situ- we are going to be there at that time. Presi- tember 25 at the U.N. Assembly in New ation. Since we have won the absolute ma- dent Zelensky: Thank you very much Mr. York. That meeting was set up, and it jority in our Parliament, the next prosecutor President. took place as scheduled. general will be 100% my person, my can- The President: Congratulations on a fan- In the Senate impeachment trial, the didate, who will be approved, by the par- tastic job you’ve done. The whole world was House managers maintained that only liament and will start as a new prosecutor in watching. I’m not sure it was so much of an a White House meeting was sufficient September. He or she will look into the situ- upset but congratulations. President Zelensky: Thank you Mr. Presi- and that it was being withheld, but the ation, specifically to the company that you facts show that President Zelensky mentioned in this issue. The issue of the in- dent bye-bye. vestigation of the case is actually the issue Based on a whistleblower report himself floated the idea of a meeting in of making sure to restore the honesty so we about the July 25 call, the House Intel- Poland and that the meeting was not will take care of that and will work on the ligence Committee subpoenaed the re- barred or withheld. investigation of the case. On top of that, I port on September 13 and started its In the early months of President would kindly ask you if you have any addi- impeachment inquiry on September 24. Zelensky’s term, there was a great deal tional information that you can provide to In the Senate impeachment trial, of concern about him, his staff, and his us, it would be very helpful for the investiga- House managers stated their belief plans because he was an unknown po- tion to make sure that we administer justice that the President had carried out a litical figure. Until more was known in our country with regard to the Ambas- about him, it was entirely appropriate sador to the United States from Ukraine as ‘‘scheme to cheat in the 2020 election’’ far as I recall her name was Ivanovich. It by withholding financial aid to to show caution in coordinating a was great that you were the first one who Ukraine and withholding a White meeting, but once his nationwide anti- told me that she was a bad ambassador be- House meeting with the new President corruption efforts began in August, it cause I agree with you 100%. Her attitude to- of Ukraine in exchange for Ukraine an- was clear that face-to-face meetings wards me was far from the best as she ad- nouncing it would investigate Joe were planned and carried out. mired the previous President and she was on Biden, Burisma, and 2016 election inter- There was no withholding of a face- his side. She would not accept me as a new ference. to-face meeting with President Trump President well enough. and President Zelensky. There cannot The President: Well, she’s going to go Let’s discuss the facts of both. through some things. I will have Mr. WHITE HOUSE MEETING be a quid pro quo if the meeting was Giuliani give you a call and I am also going There is no question that President not withheld from Ukrainian officials. to have Attorney General Barr call and we Trump had offered a White House The House managers claimed that will get to the bottom of it. I’m sure you will meeting to President Zelensky three there was a secret plot to ‘‘extort’’ or figure it out. I heard the prosecutor was times: once in May on a phone call ‘‘bribe’’ the leadership of Ukraine to treated very badly and he was a very fair after President Zelensky won his elec- investigate Hunter Biden in exchange prosecutor so good luck with everything. tion, once in June in a letter, and fi- for around $400 million of U.S. aid. The Your economy is going to get better and bet- aid was State Department and foreign ter I predict. You have a lot of assets. It’s a nally in the July 25 call after President great country. I have many Ukrainian Zelensky’s party won the parliamen- military aid that had been provided for friends, they’re incredible people. tary elections. But Tim Morrison— the past 4 years, since Ukraine had President Zelensky: I would like to tell State Department official called as a been in a war with Russia. you that I also have quite a few Ukrainian witness by the House—also testified After the Russian invasion of friends that live in the United States. Actu- that they were working on heads-of- Ukraine in 2014 and its occupation of ally last time I traveled to the United state meetings with 12 other heads of Crimea and the Donbas region in east- States, I stayed in New York near Central state during that same time period. ern Ukraine, the United States started Park and I stayed at the Trump Tower. I will sending aid to help the Ukrainian Gov- talk to them and I hope to see them again in Many nations were trying to line up the future. I also wanted to thank you for meetings in the White House during ernment. Congress allowed lethal and your invitation to visit the United States, the summer of 2019. non-lethal aid to support Ukraine, but specifically Washington DC. On the other During the July 25 call, President during the previous administration, hand, I also want to ensure you that we will Zelensky offered to instead move their only non-lethal aid was sent. Under

VerDate Sep 11 2014 04:30 Feb 26, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.020 S25FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1148 CONGRESSIONAL RECORD — SENATE February 25, 2020 President Trump’s administration, it We should not lose track of what was pressure placed on them to do an inves- was determined that the United States happening in Ukraine in 2019. A new tigation fails the most essential test. would give the leadership of Ukraine President was elected who was a TV Did the leadership of Ukraine even lethal aid to help them fight off Rus- actor with no political experience and know that the aid was being held? The sian tanks, which was President no record on how he would handle Rus- answer from multiple American and Zelensky’s reference to ‘‘javelins’’ in sia or the issue of widespread national Ukrainian leaders was no, they did not the July 25 phone call and his gratitude corruption in Ukraine. He ran on a know there was a hold on the aid from to President Trump for allowing those platform of anti-corruption at all lev- the White House. You cannot have tank killing rockets to flow to els, but no one knew how he would gov- pressure to act on an investigation if Ukraine. ern. His campaign was funded by a they did not even know the aid was To be clear, the theory of funds being Ukrainian oligarch who owned a major being held. withheld from Ukraine in exchange for media outlet, and one of his first advis- It is interesting to note, when I re- an investigation does not originate ers was the former attorney for that searched the records of past foreign aid from the July 25 call read-out. There is oligarch. payment dates and times to Ukraine, I nothing in the text of the call that I personally spoke to many of the found the 2019 aid was in line with the threatens the withholding of funds in State Department officials in Ukraine date the 2016, 2017, and 2018 aid was exchange for an investigation. in May of 2019 and heard their concerns sent. The vast majority of the military The theory originates from the fact about the new government. Then, aid to Ukraine was obligated in August that aid was held back by the Office of newly elected President Zelensky used or September for the past 4 years. Al- Management and Budget, headed by his power to dissolve their Parliament though the aid was ready to go out the the President’s Acting Chief of Staff, the day he was sworn in and called for door a couple months earlier in 2019, it , and the ‘‘presump- ‘‘snap elections’’ in which the vast ma- was certainly not late, based on the tion’’ of U.S. Ambassador to the Euro- jority of the newly elected leaders were record of the previous 3 years. In fact, pean Union, , that the from his newly formed party. To our the State Department aid was obli- aid must have been held because of the State Department and the White gated September 30 in 2019, but it was President’s desire to get the Biden in- House, this was either a really a good obligated September 28 in 2018. As vestigation done, since the President’s sign or a really bad sign. Either quoted by the Ukrainian Minister of attorney, Rudy Giuliani, was working Ukraine was about to take a major Defense, ‘‘The aid was held such a to find out more about the Biden inves- change for the better with new leader- short time, we did not even notice.’’ tigation. ship, or this new young leader was During the 2 days of question-and-an- Ambassador Sondland told multiple about to assume real centralized swer time, I asked a specific question people about his theory, but when he power. No one knew for certain in May, related to this issue because I felt it finally called President Trump and June, and July of 2019. Within a few was important to get the context of the asked him directly about it, the Presi- weeks in August, the new Parliament aid, since there had been so much made dent responded that he did not have got to work passing anti-corruption of the issue during the trial. Here is any quid pro quo; he just wanted the laws and making significant changes in the full text of my question to the President of Ukraine to do what he ran their accountability and for the coun- White House Counsel: on and ‘‘do the right thing.’’ Obviously, try. This was a very good sign. House Managers have described any delay people who assume the worst about When Vice President PENCE met face in military aid and state department funds President Trump take this as a secret to face with President Zelensky Sep- to Ukraine in 2019 as a cause to believe there message that there actually was a quid tember 1, both sides had confidence the was a secret scheme or quid pro quo by the pro quo, but the most important fact is President. In 2019, 86% of the DOD funds were country was taking a new direction. On obligated to Ukraine in September, but in that Ambassador Sondland did not read September 10 Vice President PENCE and 2018, 67% of the funds were obligated in Sep- it that way after his call with the Senator ROB PORTMAN met with Presi- tember and in 2017, 73% of the funds were ob- President. Ambassador Sondland be- dent Trump to tell him about the ligated in September. In the State Depart- lieved that the President was serious. progress that had been made, and both ment, the funds were obligated September 30 Unfortunately, the White House Coun- advised lifting the hold on aid. The aid in 2019, but they were obligated September 28 sel was never allowed to cross examine was lifted the next day, September 11. in 2018. Each year, the vast majority of the Ambassador Sondland during the No investigation into Hunter Biden or funds were obligated in the final month or House investigation to get the facts days of the fiscal year. Question: Was there Burisma was ever done by Ukraine, and a national security risk to Ukraine or the about who he talked to and why he no part of the U.S. Department of Jus- United States from the funds going out late came to believe for a while that there tice was ever involved in any investiga- in September in the two previous years? Did was an effort to push for investigations tion of Hunter Biden or Burisma. it weaken our relationship with Ukraine be- in exchange for money. Although the aid was frozen in June, cause the vast majority of our aid was re- During the Senate trial, I listened there was no public announcement of leased in September each of the last three closely to the facts surrounding the the hold, as explained by the White years? withholding of aid money to Ukraine. House Counsel, to keep this from be- In response to my question, White This was by far the most serious coming a public issue while the White House Counsel detailed the fact that charge against the President. Two key House monitored the progress and sta- military aid from the United States questions had to be answered for me: tus of the transition in Ukraine. was not for immediate use. It was de- Why was the aid held, and why was the On August 27, POLITICO published signed to help the Ukrainian military aid released? There was no question the an article that noted that the foreign buy materials for the next year, so it aid was held for a of couple months. aid had been held by the United States. was common for the aid to be obligated The question was why? This caused President Zelensky’s office at the end of the fiscal year—Sep- Statements from the House witnesses to reach out to the State Department tember 30—and it was also common for during the House impeachment inquiry and ask why. During the House im- some money to be left unobligated and answered the two key questions: The peachment proceedings, four of the carried over into the next fiscal year, aid was held because there was a legiti- House witnesses—Ambassador Voelker, as it was in 2019. mate concern about the new President Ambassador Sondland, Ambassador While it is easy to create an intricate of Ukraine and his administration in Taylor, and Tim Morrison—all testified story on the hold placed on foreign aid the early days of his Presidency and that the Ukrainian leadership learned to Ukraine, it is also clear that Presi- the aid was released on time when the about the temporary hold in aid after dent Trump has temporarily held for- new Ukrainian Parliament starting the POLITICO article was published. eign aid from multiple countries over passing anti-corruption laws in August The issue of the hold was also the the past 2 years, including: Afghani- and after Vice President PENCE sat first question from President Zelensky stan, Pakistan, Honduras, Guatemala, down face to face with President to Vice President PENCE when they El Salvador, Lebanon, and others. Zelensky on September 1 in Poland to met on September 1 in Poland. The There is no question that a President discuss their progress on corruption. idea that the leadership in Ukraine had can withhold aid for a short period of

VerDate Sep 11 2014 04:30 Feb 26, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.021 S25FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 25, 2020 CONGRESSIONAL RECORD — SENATE S1149 time, but it must be released by Sep- the trial faster for expedience. We can- weaker constitutional foundation. The tember 30, the end of the fiscal year, not ignore the Constitution or create investigation was announced Sep- which it was in this instance. bad precedent, no matter which party tember 24 did not officially begin until Article I, section 2 of the U.S. Con- is being tried for impeachment. October 31. The impeachment vote in stitution grants the U.S. House of Rep- Further, the Sixth Amendment guar- the House was December 18. This very resentatives ‘‘the sole power of im- antees that the accused has the ability short time table and the accusation peachment,’’ while article I, section 3 to both confront the witnesses against that the President refused to follow the states that ‘‘the Senate shall have the him and to have the assistance of coun- law, honor the courts, and that he sole power to try all impeachments.’’ sel. The majority of the impeachment acted like a ‘‘King’’ did not meet even The Constitution is clear that the inquiry in the House was done without the most basic constitutional stand- House does not control the Senate a meaningful opportunity for the Presi- ards for justice. process and the Senate does not con- dent to participate, and administration For example, during the Mueller in- trol the House process; however, during witnesses were denied the ability to vestigation, the President’s team fully the impeachment trial of President have counsel present for depositions. cooperated with the investigation that Trump, the House tried repeatedly to The Constitution lays out a clear included over 2,000 subpoenas and 500 dictate to the Senate how it should separation of powers but importantly witnesses, including the President’s conduct its trial. also provides a system of checks and Chief of Staff, multiple Cabinet offi- The ‘‘sole power to try’’ means lay- balances. For something as important cials, and many lower level officials ing out rules for the trial, including as impeachment, it is imperative that who were all made available. It was when and if to call additional witnesses the process be one that is squarely clear throughout the investigation or request more documents. within the bounds of the Constitution that the President did not like or agree In addition to laying out roles and and is one that the American people with the Mueller investigation, but he responsibilities for impeachment, our can trust. Unfortunately, the process also fully cooperated with every sub- Constitution also provides basic rights undertaken by the House to impeach poena, each witness, and every docu- for the accused. The Fifth Amendment President Trump falls wildly short of ment. In fact, they released over a mil- ensures due process. However, the re- the standards put in place by our lion pages of documents to the Mueller ceipt of due process is not contingent Founders. team. upon waiving another right, like im- Article II, section 4 of the Constitu- President Trump also made his dis- munity or executive privilege. But that tion states that ‘‘the President, Vice agreement with the courts very clear is exactly what the House tried to force President and all civil officers of the on issues like the census, whether trav- President Trump to do. United States, shall be removed from el restrictions can be put in place to The President is not above the law, office on impeachment for, and convic- ensure national security, or whether but neither is the House of Representa- tion of, treason, bribery, or other high particular funds can be used to secure crimes and misdemeanors.’’ tives. If there was a question as to the our southern border. But each time the During the trial of President Trump, scope and proper use of the President’s President lost in court, his administra- right to assert immunity or executive there was a lot of conversation about what constitutes a ‘‘high crime’’ or tion complied with orders from the ju- privilege regarding conversations he diciary. That is how our system of gov- had with his closest advisers, that ‘‘misdemeanor.’’ Notably, the House did not charge the President with any ernment is supposed to work. question is proper for a court to deter- When disagreements happen between crimes; rather, the House chose to im- mine, not Congress, and surely not the the legislative branch and the judicial peach the President for ‘‘abuse of House on its own accord. To put this in branch, they usually lead to resolution, constitutional terms, the legislative power’’ and ‘‘obstruction of Congress.’’ The House theoretically could have not impeachment. The Fast and Furi- branch cannot prevent the executive chosen to file Articles of Impeachment ous investigation, which lasted more branch from having access to the judi- for crimes such as bribery, extortion, than 3 years in the Obama administra- cial branch. The House wanted to move solicitation of interference in an elec- tion, led to a vote in the House to hold quickly and prevent the President from tion, or violations of the Impound- then-Attorney General Eric Holder in ever going to court to resolve any ments Clause Act. For any of these contempt, but it never led to an im- issue. That has never been done for a crimes, the House would have had to peachment inquiry, even though there good reason, the separation of powers. prove specific elements of each. Since was a clear and consistent refusal to In previous legal battles with the they couldn’t prove any of those cooperate with Congress or turn over President, it has taken months to re- crimes, they chose to charge the Presi- key documents for 3 years. solve critical issues, like Bush v. Gore dent with abuse of power. As was noted In this case, the accusation that in 2000 or even in the Clinton impeach- in the trial, 40 Presidents have faced President Trump ignored subpoenas or ment trial, when the House took 2 accusation of abuse of power, going refused to follow the law is not correct. months to resolve an issue with wit- back as far as George Washington. The President’s team made it very nesses in court. It does not have to The abuse of power charge for Presi- clear that they would cooperate during drag on for years. dent Trump was based on allegations the impeachment inquiry with properly The House also wanted the Chief Jus- that he improperly withheld aid to authorized and issued subpoenas, but tice of the United States to ‘‘rule on’’ Ukraine and conditioned a meeting the House refused to issue subpoenas any issue quickly instead of allowing with President Zelensky at the White that were consistent with the law to the President to go through the courts. House in exchange for an investigation seek resolution for documents and wit- This would have created a new judicial into former Vice President Biden and nesses. The House was focused on executive branch by putting all the ju- his son Hunter. Over the course of the speed, not legal process. dicial power of the nation in one per- last 4 months, we heard the term ‘‘quid The House, in a rush to impeachment son, not in the judicial branch, as is pro quo’’ used over and over again, but last fall, issued multiple subpoenas for stated in the Constitution. It would the facts do not show criminal quid pro documents and testimony before the have also ignored the text of the Con- quo. As previously mentioned, Presi- House had given authority to the com- stitution where it notes that the Chief dent Zelensky asked to meet with mittees to issue subpoenas for an im- Justice ‘‘presides’’ in the court of im- President Trump in Poland, and that peachment inquiry, which happened peachment, not ‘‘decides.’’ The sole meeting was set up. Further, while the October 31. Since there was no author- power of impeachment is in the Senate, aid to Ukraine was delayed, it wasn’t ity to issue the subpoenas, they were not the Senate plus the one Justice. delayed more than it had been the pre- not duly authorized. The House also de- The Chief Justice keeps the trial mov- vious 2 years, and the aid was released manded testimony from the President’s ing along, based on the rules of the without an investigation—or even an inner circle without working through trial, but he or she is not a decider of announcement of one—into the the legal questions, and the House de- fact; that is reserved to the Senate. Biden’s. manded executive agency witnesses ap- The House managers wanted to ignore The second Article of Impeachment, pear without allowing them to bring that part of the Constitution to move obstruction of Congress, had an even agency counsel with them. All of those

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Both stories stated that legal counsel with them when they are of witnesses all had clear issues that someone had read the pending John deposed, except this time. needed to be resolved in the courts, Bolton book manuscript and that in As a Member of Congress, I cannot which would take a couple of months the book, Bolton stated that President demand the President turn over docu- to resolve, which is why the House Trump had talked about investigations ments or give testimony in any fashion managers did not push for their testi- in exchange for aid funding for that I would prefer just because I have mony in the House impeachment proc- Ukraine. also oversight responsibilities. In the same ess. They valued speed more than legal wrote that the book would state that way, the President or other executive process. Acting Chief of Staff Mick Mulvaney branch officials cannot demand I turn House managers repeatedly stated and White House Counsel over my notes or provide my staff for that witnesses only took a week to de- were also a part of the scheme. I looked testimony without going through the pose in the Clinton Senate impeach- at both stories closely and noticed that courts and gaining a legal subpoena. ment trial, but they know that during the reporters had not read the manu- Congress has vigorously and rightfully the Clinton Senate trial, all three scripts or quoted the manuscripts; they protected its rights from unwarranted called witnesses previously deposed in were reports from someone who stated investigations from any President and the House inquiry or in the grand jury that they had read the manuscripts. Presidents have done the same. But in investigation, and all issues of execu- Both stories took significant liberties all cases, the law must be followed and tive privilege had already been decided to describe the intent in the manu- the proper process must be pursued to through the courts. There were no new scripts, but the reporter had appar- get the information in a legal way. witnesses in the Senate trial of Presi- ently also not spoken to . From the very first moments of the dent Clinton. Also, the Clinton White On January 23, 2020, the National Se- Senate trial, the House managers House had already had the opportunity curity Council lawyers sent a letter to fought for additional witnesses and to cross-examine witnesses or the in- the legal team handling the book pub- documents from the President. Their vestigators in the Clinton impeach- lishing for John Bolton to inform him argument and justification for the sec- ment inquiry. This time, the Trump that the manuscript contained some ond Article of Impeachment centered White House had been denied that classified information and it would on the White House’s refusal to turn right. So, if new witnesses would be need have some edits before publica- over documents and make every wit- added for the Senate trial, the White tion in March. Then, on January 26, the ness available without going through House should have the right to also New York Times published a story that the normal legal process. cross-examine the previous House wit- someone had leaked some of the details Per the resolution adopted by the nesses they had been denied the right of the book, but they had not released Senate, the House record was part of to cross examine in the past. This the actual manuscript. While I am in- the trial record. The Senate had the would all take much longer than a terested in seeing the actual manu- testimony of the witnesses the House week, and the House managers knew script, I am also very aware that this chose to question as part of the overall that. selective leak was designed by the New information of the trial. The House al- During the Clinton impeachment York Times and whoever leaked the in- ready had 28,000 pages of documents trial in the Senate, there were no addi- formation to influence the ongoing that were part of the evidence they tional documents requested, only pre- trial. submitted to the Senate, although, the viously deposed witnesses. The House It was clear from the earliest days of House managers admitted during the managers did not go through the legal the trial that the House had a clear po- Senate impeachment trial that they process to get documents, like the litical strategy as well as a courtroom still have not released all of the docu- Mueller investigation had done, so all strategy. During the trial. I had the re- ments and witness testimony that they of the new document requests from the sponsibility to hear the facts but also had gathered in their investigation to House managers would take at least 3 to separate the politics from the facts. the White House Counsel or to the Sen- to 5 weeks to complete, once a legal Politically, it was best for the House to ate. We do not fully know why the subpoena is delivered. It takes time to move as quickly as possible through House held back some of its witness search all databases, review the docu- impeachment so that vulnerable Demo- testimony and released others. ments for classified materials, deter- cratic Members could vote for im- The House witness testimony was mine any legal issues, and release them peachment and then move quickly to used extensively in the Senate trial. to the investigation. Once the docu- other topics. But since the Presidential These are the witnesses who testified ments are turned over, both legal election is in full swing, it was politi- live or via video in the House and Sen- teams need time to review the docu- cally better for Democrats to make the ate Impeachment: David Holmes, Polit- ments. Again, the House managers Senate trial move as slow as possible ical Counselor, U.S. Embassy Ukraine, knew these facts, but they continued to hurt the President during the cam- State Department; Dr. Fiona Hill, to repeat over and over that it would paign. That explains why the House did White House Advisor, National Secu- only take a week to get all the docu- not take the time to formally request rity Council; David Hale, Under Sec- ments. documents or testimony from many in- retary for Political Affairs, State De- The first question for the Senate dividuals; they needed to move fast and partment; Laura Cooper, Deputy As- trial was, do we have enough evidence try to force the Senate to move slowly. sistant Secretary of Defense; Gordon and testimony to answer the questions It also explained why the House passed Sondland, U.S. Ambassador to the Eu- the House presented in their Articles of impeachment on a party line vote, then ropean Union; Tim Morison, Former Impeachment? If the answer is yes, held the Articles of Impeachment for a White House Adviser; Kurt Voelker, then we do not need additional wit- month before delivering them to the Former Special Envoy for Ukraine; nesses or documents. If the answer is Senate to start the trial. The House LTC , National Se- no, then we do need additional infor- managers said repeatedly that the evi- curity Council; , aide mation. There were many leaks and dence was clear and that they had to the Vice President; Marie newspaper stories during the trial de- proved their case, but if that was true, Yovanovitch, Former Ambassador to signed to push the Senate to vote to why would the Senate need to call ad- Ukraine; George Kent, Deputy Assist- ask for more testimony, but that did ditional witnesses? I think the reason ant Secretary of State; Bill Taylor, not change the primary question. We is that the witness process was about Former U.S. Ambassador to Ukraine. already knew from evidence that there delay, more than facts. The House managers repeated over was no quid pro quo, no Ukrainian in- The facts do not support the accusa- and over that additional witnesses vestigations, and no withholding of a tion in the Trump impeachment, and it would only take a week to depose, public meeting with President Trump. certainly did not need to come to this which is a clearly false statement. New The New York Times story on Janu- moment of national division. While it witnesses took longer than a week to ary 26 and again on January 31 are was clear that the House managers

VerDate Sep 11 2014 03:10 Feb 26, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.022 S25FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 25, 2020 CONGRESSIONAL RECORD — SENATE S1151 wanted to drag the trial on for months The first question, for the near-term, majority ignored this warning, electing in the Senate, through the primary is should the President be removed to lead a distinctly partisan process election season, their case consisted of from office? from beginning to end, based on a po- hypothetical story lines and ‘‘presump- The second question, for the long- litical timeline. tions’’ more than facts that warrant term health of our Nation, is whether It began when the House majority re- the removal of a President. This does we should allow the impeachment proc- fused to provide the President with not meet what Alexander Hamilton in ess to be weaponized and used by a ma- basic due process rights for 71 of the 78 Federalist 65 described as the ‘‘due jority in the House to settle partisan days of the formal House impeachment weight’’ for the arguments. political scores? inquiry. The House majority also re- But impeachment has certainly cre- My answers to both questions are a fused to provide proper rights to the ated the division in our society that resounding no. minority, whose requests for an equal Alexander Hamilton predicted. Over 200 That is why I voted against both Ar- number of witnesses was denied. years ago he wrote, ‘‘The prosecution ticles of Impeachment. It is no wonder why House Resolution [of impeachments], will seldom fail to While my Democratic colleagues op- 660, which permitted an impeachment agitate the passions of the whole com- erated under the presumption of guilt, inquiry, and House Resolution 755, the munity, and to divide it into parties even if one is to assume the worst, the Articles of Impeachment against Presi- more or less friendly or inimical to the reality is the allegations against Presi- dent Trump, failed to receive a single vote from the minority. In fact, the accused.’’ This has been an incredibly dent Trump were neither criminal nor only thing that was bipartisan was the divisive season in our Nation. It is not impeachable. They did not come close to meeting the standard of treason, opposition to the articles. about one person; it is about all of us. The House majority presented a weak We individually choose how we handle bribery, or high crimes or mis- demeanors set by our Founding Fa- and completely partisan case for im- disagreements with family, friends, and peachment to the Senate. This is why people on the other side of particular thers. It is remarkable to read the Fed- the House managers attempted to con- issues. Our government represents us, eralist Papers and appreciate their vince the Senate to endorse its par- so it is up to us to model for our gov- clairvoyance. Federalist 65, written by ticular views of separation of powers, ernment how to handle disagreements. Alexander Hamilton, was frequently essentially asking the Senate to do the We are now past impeachment, and it quoted throughout these proceedings, House’s job where it failed: to make a is time to work on the issues that mat- and for good reason. Hamilton’s warn- compelling case for the President’s re- ter most to the American people. As we ings to this body of using impeachment moval. move forward, every American should as a partisan device were borne out. This is yet another area Hamilton speak out on the issues that are impor- Hamilton wrote that impeachment: addressed. In Federalist 66, Hamilton tant to them and the voices that speak [W]ill seldom fail to agitate the passions of outlined the differing roles and respon- for their point of view. But we should the whole community, and to divide it into sibilities between the House and Sen- remember that we have much more in parties more or less friendly or inimical to ate on impeachment, casting the House common than we have that divides us. the accused. In many cases it will connect as the accusers and the Senate as the It is my hope that our Nation does not itself with the pre-existing factions . . . and judges: go through a season like this again for in such cases there will always be the great- The division of them between the two a very long time and that we can move est danger that the decision will be regulated branches of the legislature, assigning to one past this age of impeachment to an age more by the comparative strength of parties, the right of accusing, to the other the right of oversight and accountability. than by the real demonstrations of inno- of judging, avoids the inconvenience of mak- cence or guilt. I appreciate all the engagement with ing the same persons both accusers and By placing the impeachment power judges; and guards against the danger of per- our office during the impeachment pro- within the House and Senate, Hamilton secution, from the prevalency of a factious ceedings. We had thousands of calls and acknowledged that power may wind up spirit in either of those branches. As the con- emails over the past month. We had in the hands of ‘‘the leaders or tools of currence of two thirds of the Senate will be hundreds of thousands of views on the requisite to a condemnation, the security to the most cunning or the most numer- nightly Facebook Live updates each innocence, from this additional cir- ous faction,’’ which may ‘‘hardly be ex- day during the trial. While not every cumstance, will be as complete as itself can pected to possess the requisite neu- Oklahoman agrees with every decision desire. trality towards those whose conduct I make on behalf of our State, I am By dividing the power to accuse and may be the subject of scrutiny.’’ It is grateful most choose to be respectful in the power to judge, the Founding because of this remarkable power that expressing their points of view. At the Founders further recognized the proce- Hamilton argued the Senate had been end of the day, we are Oklahomans. We dural nature of this process. Appro- granted the power to try impeach- may not all agree on each issue, but we priate procedure would serve to protect ments because the Senate is more like- can be respectful of each other in our the Executive from the designs of a ly to preserve ‘‘the necessary impar- disagreement. partisan faction in the House and tiality between the INDIVIDUAL ac- would ensure that removal was not just I am honored to serve our State and cused, and the REPRESENTATIVES desirable, but truly necessary. Nation. We have many important OF THE PEOPLE, HIS ACCUSERS?’’ In this instance, removal was abso- issues to address in the coming days I It is important to note that the lutely unnecessary, even if it was desir- pray we can work on them together for Speaker of the House previously able to the whims of some in the House the future of our State and Nation. warned about the dangers of a politi- majority since the day the President Mr. TILLIS. Madam President, dur- cally motivated impeachment effort, was inaugurated in 2017. ing the impeachment trial, this Cham- stating in March 2019 that ‘‘impeach- This addresses the answer to the sec- ber considered the evidence and heard ment is so divisive to the country that ond question I posed on whether the the arguments presented by the House unless there’s something so compelling Senate will allow the impeachment managers and White House Counsel. and overwhelming and bipartisan, I process to become the new normal. During the 12 days of the impeachment don’t think we should go down that It would create a dangerous prece- trial, the Senate heard from the House path, because it divides the country.’’ dent in which the House actively seeks managers for nearly 22 hours, and we History has proven that warning to opportunities to open impeachment in- heard from the White House Counsel be true. One only needs to compare the quires to politically weaken and poten- for nearly 12 hours. This was followed dramatically different outcomes be- tially remove the President of the op- by 180 questions asked and answered tween the Nixon impeachment inquiry, posing party. over 2 days, concluding with closing ar- which resulted in resignation, and the Impeachment is the most powerful guments by the House managers and Clinton impeachment process, which tool the Founding Fathers gave to us White House Counsel. resulted in acquittal. to defend against Executive mis- Ultimately, there were two questions The Speaker’s warning rings as true conduct, but it should never be abused. the Senate had to answer when consid- today as it did when she said it nearly It should never be used to settle polit- ering the Articles of Impeachment. 1 year ago. Unfortunately, the House ical scores, and it should never be used

VerDate Sep 11 2014 03:10 Feb 26, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.023 S25FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1152 CONGRESSIONAL RECORD — SENATE February 25, 2020 as an effort to deny the American peo- Over the years, Commissioner Jack- to fight for fellow Gold Star families. I ple the right to decide the President’s son has been a leader on the issue of am sure my Senate colleagues will join fate at the ballot box. corporate political spending disclosure. me in honoring Ms. Kimberly To transform impeachment into a He has helped to focus the conversation Hazelgrove for her exemplary efforts. partisan political weapon is to dimin- on how to think about reasonable and f ish and undermine its critical constitu- material disclosure as our political REMEMBERING JEFFREY tional role. system has become awash in dark HAMMOND LONG Despite the factions which formed money. Similarly, Mr. Jackson’s study during this impeachment trial, I re- of trends in stock buybacks and the po- Mr. BLUMENTHAL. Madam Presi- main optimistic about the direction of tential for abuse by corporate execu- dent, I rise today to pay tribute to Jef- our Nation. For all the bitter partisan tives raised many issues that merit ad- frey ‘‘Jeff’’ Hammond Long, an out- emotions this impeachment process ditional consideration by regulators standing public servant and friend to has enflamed, this Congress now has and lawmakers. many. Sadly, Jeff passed away on July the opportunity to move on and focus I would like to lead my colleagues in 8, 2018. He was critically injured by a on forging consensus to conduct the wishing Mr. Jackson the best of luck as truck while riding his bike in Wash- business of the American people. Con- he returns to academia. I expect that ington the previous day. Today, in gress has recently demonstrated this he will continue his insightful research honor of what would have been his 38th ability—enacting historic criminal jus- and scholarship to benefit investors birthday, I wish to recognize Jeff’s leg- tice reform, agreeing on reforms to im- and make markets more efficient. The acy of positivity. prove the delivery of healthcare to our SEC benefited from Commissioner Born in New York City, Jeff enrolled brave veterans, and approving a fair Jackson’s tenure, and we know his stu- at Brunswick School in Greenwich, CT. and free trade deal with America’s two dents will benefit, too. Throughout his many years there, Jeff largest economic partners, producing a set an example for his fellow students. win for American workers and con- f Not only did he mentor younger mem- sumers. TRIBUTE TO KIMBERLY bers of the community and cocaptain I hope, when the record is written of HAZELGROVE the lacrosse team, but he also served as this impeachment, that history will Mr. BROWN. Madam President, president of the student body. Even say that the Senate ultimately re- today I rise to honor Kimberly after graduation, Jeff continued to tained the high bar which must be met Hazelgrove for her service and sac- serve the school as a result of the to remove a President, that the Senate rifices for our country and her success- foundational experience he had at rejected the temptation to normalize ful efforts to advocate for families like Brunswick. the impeachment process for partisan her own who lost loved ones serving Jeff studied at Hamilton College, political gain, and that Congress our Nation. where he was vice president of the stu- turned the page following the Presi- Kimberly Hazelgrove is a former ser- dent body and an Arthur Levitt Schol- dent’s acquittal to prioritize the needs geant first class in the U.S. Army. In ar. During his time at Hamilton, Jeff of the American people and, in turn, 2004, her husband, Chief Warrant Offi- began his remarkable dedication to solve the most pressing challenges fac- cer 2 Brian Hazelgrove was killed in a public service by interning for former ing our great Nation. helicopter crash near Mosul, Iraq. That President Clinton at the Clinton Foun- dation’s New York office, as well as for f loss was devastating enough, but after Secretary Kerry’s Presidential cam- his death, Ms. Hazelgrove also lost the TRIBUTE TO ROBERT J. JACKSON, paign and his U.S. Senate office. JR. military benefits her family earned I had the pleasure of first meeting Mr. BROWN. Madam President, I rise serving the United States and that she Jeff in 2010. He worked in my Senate to express my appreciation for the needed to support her family. They lost office for many years, serving as a leg- work of Securities and Exchange Com- those benefits because of a 1970s-era islative assistant on the energy, envi- mission: Robert J. Jackson, Jr. Com- law that causes Gold Star families to ronment, and transportation portfolio. missioner Jackson stepped down ear- lose out on financial benefits that their Jeff routinely demonstrated his ex- lier this month from the SEC, having spouses paid into and earned. traordinary commitment to helping served with distinction since December For 16 years, Ms. Hazelgrove advo- the people of Connecticut and the Na- 2017. He returns to teaching, having cated on Capitol Hill for the repeal of tion. A diligent and bright member of made many valuable contributions to that law, the Survivor Benefit Plan- my team, he always put the needs of policy debates at the SEC and beyond. Disability and Indemnity Compensa- others before his own, focusing on serv- Mr. Jackson is no stranger to public tion offset, while raising her family as ing the people of Connecticut with tire- service. Prior to his work at the SEC, a single mother. She said, ‘‘I was angry less care and patience. he served in the Treasury Department . . . Very angry for the inequities that His incredible wife, Kaylie—another as the Nation emerged from the finan- I was seeing, not only for myself, but Connecticut native and devoted public cial crisis. Mr. Jackson has led by ex- for a lot of my friends going through it servant—continues to honor his mem- ample, working diligently to ensure and it just lit a fire, and I found a ory by doing acts of kindness on Jeff’s the SEC fulfills its three-part mission, stronger voice than I had before.’’ birthday. She and their friends are particularly the protection of investors My office and I met with Ms. guided by his motto: ‘‘It’s cool to be in an increasingly complex market- Hazelgrove and took up her cause. Gold nice.’’ place. As an outspoken voice on behalf Star families like hers have sacrificed Jeff’s natural inclination to support of investors, Mr. Jackson stressed the so much for this country and nothing others and bring smiles to people’s importance of clear and sensible rules should get in the way of providing faces touched countless lives from Con- that put investors first, combined with them with benefits that they have paid necticut to DC, and everywhere in be- a pragmatic understanding of how mar- into and earned. We worked together tween. He helped everyone around him kets work. with colleagues on both sides of the find a positive side to any situation or Mr. Jackson brought a law profes- aisle to write legislation that will fix take a moment to appreciate even the sor’s analytical approach to his respon- this, and this past December, because smallest parts of life. sibilities as a Commissioner. His care- she never gave up, we got it done. We I am grateful for the considerate and ful and thoughtful work digging passed a fix in the Senate, and the warm outlook Jeff brought wherever he through data, developing original re- President signed it into law. Because of went, and I know his memory will for- search, and presenting it in a clear and Ms. Hazelgrove’s perseverance and ever serve as a model of selflessness insightful manner provided the SEC strong advocacy, 67,000 military and unfailing devotion. My wife Cyn- and other policymakers with critical spouses will now get the benefits they thia and I extend our warmest information and a valuable perspective have earned to support themselves and thoughts to Kaylie, as well as to Jeff’s with which to consider some of the their families. parents, Nancy and David, and I hope most difficult questions in securities Thank you, Kimberly, for raising my colleagues will join me in acknowl- laws. your voice and for all the work you do edging Jeff’s incredible impact.

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