Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

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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, WEDNESDAY, FEBRUARY 5, 2020 No. 24 Senate The Senate met at 9:30 a.m. and was PRESCRIPTION DRUG COSTS As a number of my Republican col- called to order by the President pro Mr. GRASSLEY. Last night, in the leagues have confessed, the House man- tempore (Mr. GRASSLEY). State of the Union Address, President agers have proven their case. President f Trump called on Congress to put bipar- Trump did sanction a corrupt conspiracy to smear a political opponent, PRAYER tisan legislation to lower prescription drug prices on his desk and that he former Vice President Joe Biden. The Chaplain, Dr. Barry C. Black, of- would sign it. President Trump assigned Rudy fered the following prayer: Here are the facts. The House is con- Giuliani, his personal lawyer, to ac- Let us pray. trolled by Democrats. The Senate re- complish that goal by arranging sham Strong Deliverer, our shelter in the quires bipartisanship to get any legis- investigations by the Government of time of storms, we acknowledge today lating done. There are only a couple of Ukraine. President Trump advanced that You are God and we are not. You months left before the campaign season his corrupt scheme by instructing the don’t disappoint those who trust in will likely impede anything from being three amigos—Ambassador Volker, You, for You are our fortress and bul- accomplished in this Congress. So the Secretary of Energy Rick Perry, and wark. time to act is right now. Ambassador Gordon Sondland—to work Lord, show our Senators Your ways I am calling on my colleagues on with Rudy for this goal. President and teach them to walk in Your path of both sides of the aisle to get off the Trump did use the resources of Amer- integrity. sidelines and to work with me and Sen- ica, including an Oval Office meeting Through the seasons of our Nation’s ator WYDEN, as President Trump al- and security assistance to pressure history, You have been patient and ready is, to heed the call to action that Ukraine, which was at war with Russia, merciful. Mighty God, be true to Your he gave us last night and pass the Pre- to participate in this corrupt con- name. Fulfill Your purposes for our Na- scription Drug Pricing Reduction Act. spiracy. The facts are clear. tion and world. It is the only significant bipartisan bill But do President Trump’s acts rise to We pray in Your Holy Name. Amen. in town. President Trump, the AARP, the level the Framers envisioned for f and the libertarian Cato think tank, to removal of a President, or are they, as name just a few people involved, have PLEDGE OF ALLEGIANCE some colleagues in this Chamber have all endorsed the bill. said, simply ‘‘inappropriate,’’ but not If you are serious about fulfilling The President pro tempore led the ‘‘impeachable’’? With respect to those promises to lower drug costs, my office Pledge of Allegiance, as follows: colleagues, ‘‘inappropriate’’ is lying to door is open, as Senator WYDEN’s door I pledge allegiance to the Flag of the the public; ‘‘inappropriate’’ is shunning is open. It is time for the Senate to act United States of America, and to the Repub- our allies or failing to put your per- lic for which it stands, one nation under God, and to deliver for the American people. indivisible, with liberty and justice for all. I yield the floor. sonal assets into a blind trust or encouraging foreign governments to pa- f The PRESIDING OFFICER. The Sen- ator from Oregon. tronize your properties. That is some- RESERVATION OF LEADER TIME thing you might call ‘‘inappropriate,’’ f The PRESIDING OFFICER (Mrs. but that word does not begin to encom- BLACKBURN). Under the previous order, IMPEACHMENT pass President Trump’s actions in this the leadership time is reserved. Mr. MERKLEY. Madam President, as case—a corrupt conspiracy comprising f Senators, our decisions build the foun- a fundamental assault on our Constitu- dation for future generations. I want tion. MORNING BUSINESS those generations to know that I stood This conspiracy is far worse than Wa- The PRESIDING OFFICER. Under here on the floor of this Chamber fight- tergate. Watergate was about a break- the previous order, the Senate will be ing for equal justice under law. I stood in to spy on the Democratic National in a period of morning business, with here to defend our Senate’s responsi- Committee—bad, yes; wrong, defi- Senators permitted to speak therein bility to provide a fair trial with wit- nitely. But Watergate didn’t involve for up to 10 minutes each. nesses and documents. I stood here to soliciting foreign interference to de- The PRESIDING OFFICER. The Sen- say that when our President invites stroy the integrity of an election. It ator from Iowa. and pressures a foreign government to didn’t involve an effort to smear a po- Mr. GRASSLEY. I ask unanimous smear a political opponent and corrupt litical opponent. Watergate did not in- consent to speak for 1 minute. the integrity of our 2020 Presidential volve an across-the-board blockade of The PRESIDING OFFICER. Without election, he must be removed from of- access by Congress to witnesses and objection, it is so ordered. fice. documents.

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

S871

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.000 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S872 CONGRESSIONAL RECORD — SENATE February 5, 2020 If you believe that Congress was spring out of nowhere. With respect to I stand here today in support of our right to conclude that President Nix- the Chief Justice, the road to this mo- Constitution, which has made our Na- on’s abuse of power merited expulsion ment has been paved by decisions made tion that shining city on a hill. I stand from office, you have no choice but to in the Supreme Court undermining the here today for equal justice under law. conclude that President Trump’s cor- ‘‘We the People’’ Republic, while Jus- I stand here today for a full and fair rupt conspiracy merits his expulsion tice Roberts has led the Court—deci- trial as our Constitution demands. I from office. sions like Citizens United in 2010, stand here today to say that a Presi- President Trump should be removed which corrupted our political cam- dent who has abused this office by so- from office this very day by action in paigns with a flood of dark money, the liciting a foreign country to intervene this very Chamber, but he will not be equivalent of a stadium sound system in the election of 2020 and bias the out- removed because this Senate has failed drowning out the voice of the people; come—betraying the trust of the Amer- to conduct a full and fair trial to reveal decisions like Shelby County in 2013, ican people and undermining the the extensive dimensions of his con- which gutted the Voting Rights Act, strength of our Constitution—must be spiracy and because the siren call to opening the door to voter suppression removed from office. party loyalty over country has infected and voter intimidation—if you believe I yield the floor. in our Republic, you believe in voter this Chamber. f Every American understands what empowerment, not voter supression— constitutes a full and fair trial. A full decisions like Rucho V. Common Cause RECOGNITION OF THE MINORITY and fair trial has witnesses. A full and in 2019, giving the green light to ex- LEADER fair trial has documents. A full and fair treme partisan gerrymandering, in The PRESIDING OFFICER. The trial does not begin with the jury fore- which politicians choose their voters Democratic leader is recognized. rather than voters choosing their poli- man declaring that he is working hand- f in-glove with the defendant. When dis- ticians. It is one blow after another cussing why the Senate tries impeach- giving more power to the powerful and STATE OF THE UNION ADDRESS ments, Alexander Hamilton stated: undermining the vision of government Mr. SCHUMER. Madam President, I ‘‘Where else than in the Senate could of, by, and for the people—blow after will speak later this afternoon, at have been found a tribunal sufficiently blow making officials more responsive about 3:30—prior to the vote on the Ar- dignified, or sufficiently independent’’ to the rich and wealthy donors than ticles of Impeachment—about impeach- for that daunting responsibility? the people they are elected to rep- ment, but this morning, I would like to Every American should feel the sad- resent. briefly respond to President Trump’s ness, the darkness, the tragedy of this These Supreme Court decisions have third State of the Union Address. It moment in which this Senate is neither elevated government by and for the was a sad moment for democracy. sufficiently dignified nor sufficiently powerful, and trampled government by The President’s speech last night was independent for that responsibility. and for the people, paving the path for much more like a Trump rally than a The Senate trial became a coverup this dark moment in which the U.S. speech a true leader would give. It was when the majority voted on January 22 Senate chooses to defend a corrupt demagogic, undignified, highly par- and again on January 31 to block all President by converting a trial into a tisan, and, in too many places, just un- access to witnesses and documents. If coverup. A trial without access to wit- truthful. Instead of a dignified Presi- this coverup goes forward, it will be nesses and documents is what one ex- dent, we had some combination of a the latest in a set of corrupt firsts this pects of a corrupted court in Russia or pep rally leader, a reality show host, Senate has achieved under Republican China, not the United States of Amer- and a carnival barker. That is not what leadership. ica. Presidents are. It has been the first Senate to ignore We know what democracy looks like, President Trump took credit for in- our constitutional responsibilities to and it is not just about having the Con- heriting an economy that has been debate and vote on a Supreme Court stitution or holding elections. Our de- growing at about the same pace over nominee in 2016. It became the first mocracy is not set in stone. It is not the last 10 years. The bottom line is, Senate to complete the theft of a Su- guaranteed by anything other than the during the last 3 years of the Obama preme Court seat from one administra- good will and good faith of the people administration, more jobs were created tion giving it to another in 2017. of this country. Keeping a democracy And now, it becomes the first Senate takes courage and commitment. As the than under these 3 years of the Trump in American history to replace an im- saying goes, ‘‘freedom isn’t free.’’ It is administration. Yet he can’t resist peachment trial with a coverup. Presi- an inheritance bequeathed to us by digging at the past President even dent Trump might want to consider those who have fought and bled and though the past President’s economic this: With a coverup in lieu of a trial, died to ensure that government ‘‘of the number was better than his. there is no ‘‘exoneration,’’ no matter people, by the people, for the people He boasted about how many manu- how badly President Trump might shall not perish from the Earth.’’ facturing jobs he has created. Manufac- want it. No matter how boldly he Fighting for that inheritance doesn’t turing jobs have gone down, in part, be- might claim it, there is no ‘‘exonera- only happen on the battlefield. It hap- cause of the President’s trade policies tion’’ from a coverup. pens when Americans everywhere go to for 5 months late last year. There was If this Senate fails to convict Presi- the polls to cast a ballot. It happens a 5-month-long recession last year. dent Trump when we vote later today, when ordinary citizens, distraught at Farmers are struggling mightily. Farm we destroy our constitutional responsi- what they are seeing, speak up, join a income is way down. Bankruptcies are bility to serve as a check against the march, or run for office to make a dif- the highest they have been in 8 years. abuses of a runaway President. It is a ference. And it happens here in this Crop prices are dwindling, and markets devastating blow to the checks and bal- Chamber—in this Senate Chamber— may never recover from the damage of ances which have stood at the heart of when Senators put addressing the chal- the President’s trade war as so many our Constitution. lenges of our country over the pres- contracts for soybeans and other goods Our tripartite system is like a three- sures from their party. have gone to Argentina and Brazil. legged stool, where each leg works in Before casting their votes today, I These are not 1-year contracts; these balance with the others. If one leg is urge each and every one of my col- are long-term contracts. cracked or weakened, well, that stool leagues to ask themselves: Will you de- The President talked at length about topples over. If the Senate’s responsi- fend the integrity of our elections? healthcare and claimed—amazingly at bility is gutted and the limits on Presi- Will you deliver impartial justice? Will one point—he will fight to protect pa- dential power are undermined, then, you protect the separation of powers— tients with preexisting conditions. This there is lasting damage to the checks the heart of our Constitution? Will you President just lies—just lies. He is in and balances our Founders so carefully uphold the rule of law and the inspiring court right now, trying to undo the crafted. words carved above the doors of our protections for preexisting conditions. Let’s also be clear. The situation Supreme Court, ‘‘Equal Justice Under At the same time, he says he wants to that we find ourselves in today didn’t Law’’? do it, and all the Republicans get up

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.002 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S873 and cheer. His administration is work- This is typical of Donald Trump. In The PRESIDING OFFICER. Without ing as hard as it can to take down the his speech, he bragged about all of objection, it is so ordered. law that guarantees protections for these things he wants to do or is doing, f preexisting conditions. The claim is but his actions belie his words. Maybe IMPEACHMENT not partly true; it is not half true; it is the best metaphor was his claim to not misleading. It is flatly, objectively, bring democracy to Venezuela. There Mr. CORNYN. Madam President, over unequivocally false. It reads on my was a big policy there. It flopped. If the the last months, our country has been notes ‘‘false.’’ Let’s call it for what it policy were working, Juan Guaido consumed by a single word, one that we is—it is a lie. wouldn’t have been in the balcony don’t use often in our ordinary par- In 3 years, President Trump has done here. He would have been in Venezuela. lance. That word, of course, is ‘‘im- everything imaginable to undermine He would have been sitting in the peachment.’’ It has filled our news Americans’ healthcare. He is even hop- President’s palace or at least have been channels, our Twitter feeds, and dinner ing to drag out the resolution of the waging a fight to win. He was here— conversations. It has led to a wide- lawsuit past the next election. If Presi- and the President brags about his Ven- ranging debate on everything from the dent Trump were truly interested in ezuela policy? Give us a break. constitutional doctrines of the separa- shoring up protections for people with He hasn’t brought an end to the tion of powers to the due process of preexisting conditions, he would drop Maduro regime. The Maduro regime is law—two concepts which are the most this lawsuit now. Then he would be more powerful today and more en- fundamental building blocks of who we doing something, not just talking and trenched today than it was when the are as a nation. It has even prompted having his actions totally contradict President began his anti-Maduro those who typically have no interest in his words. Until the President drops his fight—the same thing with North politics to tune into C–SPAN or into lawsuit, when he says he cares about Korea, the same thing with China, the their favorite cable news channels. Americans’ healthcare, he is talking same thing with Russia, the same The impeachment of a President of out of both sides of his mouth. thing with Syria. the United States is simply the gravest When he talks about being the blue- The fact is, when President Trump undertaking we can pursue in this collar President, he doesn’t understand gets over an hour to speak, the number country. It is the nuclear option in our blue-collar families. It is true that of mistruths, mischaracterizations, ex- Constitution—the choice of last re- wages went up 3 percent. If you are aggerations, and contradictions is sort—when a President has committed making $50,000 a year, that is a good breathtaking. No other President a crime so serious that Congress must salary. By my calculation, that is comes close. The old expression says: act rather than leave the choice to the about $30 a week. When you get a med- ‘‘Watch what I do, not what I say.’’ voters in the election. ical bill of $4,000 and your deductible is What the President does will be re- The Framers of the Constitution $5,000, when your car has an accident vealed on Monday in his budget. That granted this awesome power to the and it is going to cost you $3,000 or is what he wants to do. If past is pro- U.S. Congress and placed their con- $4,000 to fix it and you don’t have that logue, almost everything in that budg- fidence in the Senate to use only when money, the $30 a week doesn’t mean et will contradict what he will have absolutely necessary, when there is no much. said in his speech. In the past, he has other choice. When asked, ‘‘Is it easier for you to cut money for healthcare, cut money This is a rare, historic moment for pay your bills today or the day Trump for medical research, cut money for in- the Members of this Chamber. This has became President?’’ they say it is hard- frastructure, cut money for education, been faced by the Senate only on two er to pay their bills today. That is cut money to help kids with college— previous occasions during our Con- what working families care about, get- every one of those things. stitution’s 232-year history—only two ting their costs down—their college Ladies and gentlemen, I have faith in times previously. We should be extraor- costs, their education costs, their the American people. They will not be dinarily vigilant in ensuring that the healthcare costs, their automobile and fooled. They are used to it. They can impeachment power does not become a infrastructure costs—not these tell a little show here—a nonreality regular feature of our differences and, vaunted Wall Street statistics that the show—when they see one. They know it in the process, cheapen the vote of the financial leaders look at and think: Oh, is a show. It is done for their amuse- American people. Soon, Members of the we are great. ment, for their titillation, but it Senate will determine whether, for the They are great. Their 3-percent in- doesn’t improve America. Working peo- first time in our history, a President crease in income—and it has been ple are not happy. The middle class is will be removed from office, and then greater—puts a lot of money in their struggling to stay in the middle class, we will decide whether he will be pockets. Working people don’t feel any and those struggling to get to the mid- barred from the ballot in 2020. better—they feel worse—because Don- dle class find it harder to get there. The question all Senators have to an- ald Trump always sides with the spe- Their path is steeper. swer is, Did the President commit, in cial interests when it comes to things Far more than the President’s the words of the Constitution, a high that affect working families, like speech, the President’s budget is what crime and misdemeanor that warrants health care, like drug costs, like col- truly reveals his priorities. The budget his removal from office or should he be lege. will be the truth serum, and in a few acquitted of the charges made by the In so many other areas, the Presi- days, the American people will see how House? dent’s claims were just not true. He many of the President’s words here are I did my best to listen intently to claimed he has gotten tough on China. reality. I expect very few will be. both sides as they presented their cases He sold out to China a month ago. Ev- I yield the floor. during the trial, and I am confident in eryone knows that. Because he has I suggest the absence of a quorum. saying that President Trump should be hurt the farmers so badly, the bulk of The PRESIDING OFFICER. The acquitted and not removed from office. what happened in the Chinese agree- clerk will call the roll. First, the Constitution gives the Con- ment was for them to purchase some The legislative clerk proceeded to gress the power to impeach and remove soybeans. We don’t even know if that call the roll. a President from office only for trea- will happen, but it didn’t get at the Mr. CORNYN. Madam President, I son, bribery, and other high crimes and real ways China hurts us. ask unanimous consent that the order misdemeanors, but the two Articles of He spoke about the desire for a bipar- for the quorum call be rescinded. Impeachment passed by the House of tisan infrastructure bill. We Senate The PRESIDING OFFICER. Without Representatives fail to meet that Democrats put together a $1 trillion objection, it is so ordered. standard. bill 3 years ago, and the President Mr. CORNYN. Madam President, I The first charge, as we know, is hasn’t shown any interest in discussing ask unanimous consent that following abuse of power. House Democrats al- it. In fact, when Speaker PELOSI and I my oral remarks that my more exten- leged that the President withheld mili- went to visit him about infrastructure, sive, written remarks that I have pre- tary aid from Ukraine in exchange for he walked out. pared be printed in the RECORD. investigations of Joe and Hunter

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.003 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S874 CONGRESSIONAL RECORD — SENATE February 5, 2020 Biden. But they failed to bring forward with the headline ‘‘The campaign to I believe—I think we should all be- compelling and unassailable evidence impeach President Trump has begun.’’ lieve—that the results of the next elec- of any crime—again, the Constitution At first, Speaker PELOSI wisely re- tion should be decided by the American talks about treason, bribery, or other sisted. Less than a year ago, she said, people, not by Congress. high crimes and misdemeanors; clear- ‘‘Impeachment is so divisive to the The decision to remove a President ly, a criminal standard—and thus country that unless there is something from office requires undeniable evi- failed to meet their burden of proof. so compelling and overwhelming and dence of a high crime. That is the lan- Certainly, the House managers did not bipartisan, I don’t think we should go guage chosen by the Framers of our meet the high burden required to re- down that path because it divides the Constitution. But despite our col- move the President from office, effec- country.’’ And she was right. But when leagues’ best attempts, the facts they tively nullifying the will of tens of mil- she couldn’t hold back the stampede of presented simply don’t add up to that lions of Americans just months before her caucus, she did a 180-degree about- standard. the next election. What is more, the face. She encouraged House Democrats House managers failed to meet their House’s vague charge in the first arti- to rush through an impeachment in- heavy burden of proof that President cle is equivalent to acts considered and quiry before an arbitrary Christmas Trump, beyond a reasonable doubt, rejected by the Framers of our Con- deadline. committed a crime, let alone a high stitution. In the end, the articles passed with crime; therefore, I will not vote to con- That brings us to the second article support from only a single party—not vict the President. we are considering—obstruction of bipartisan. The bipartisanship the I hope our Democratic colleagues Congress. During the House inquiry, Speaker claimed was necessary was ac- will finally accept the result of this Democrats were upset because some of tually opposed to the impeachment of trial—just as they have not accepted the President’s closest advisers—and the President; that is, Democrats and the result of the 2016 election—and I their most sought-after witnesses—did Republicans voted in opposition to the hope they won’t take the advice of not testify. To be clear, some of the ex- Articles of Impeachment. Only Demo- Congresswoman WATERS, MAXINE ecutive branch witnesses were among crats voted for the Articles of Impeach- WATERS in the House, and open a sec- the 13 witnesses whose testimony we ment in the House. ond impeachment inquiry. It is time did hear during the Senate trial. But Once the articles finally made it to for our country to come together to for those witnesses for whom it was the Senate after a confusing, 28-day heal the wounds that divide us and to clear the administration would claim a delay, Speaker PELOSI tried to have get the people’s work done. privilege, almost certainly leading to a Senator SCHUMER—the Democratic There is no doubt, as Speaker PELOSI long court battle, the House declined leader here—use Speaker PELOSI’s observed in March of 2019, that im- to issue the subpoenas and certainly playbook, and he staged a number of peachment is a source of division in did not seek judicial enforcement. political votes every Member of the our country, and it is also a period of Rather than addressing the privilege Senate knew would fail, just so he great sadness. If this partisan impeach- claims in court, as happened in the could secure some perceived political ment were to succeed, my greatest fear Nixon and Clinton impeachments, the advantage against Republican Senators is it would become a routine process Democratic managers moved to im- in the 2020 election. for every President who serves with a peach President Trump for obstruction What should be a solemn, constitu- House majority of the opposite party, of Congress for protecting the Presi- tional undertaking became partisan and we would find ourselves in a recur- dency itself from a partisan abuse of guerilla warfare to take down Presi- ring impeachment nightmare every power by the House. dent Trump and make Senator SCHU- time we elect a new President. Removing the President from office MER the next majority leader of the Our country is deeply divided and for asserting long-recognized and con- U.S. Senate. damaged by this partisan impeachment stitutionally grounded privileges that All of this was done on the eve of an process. It is time for us to bring it to have been invoked by both Republican election and just days shy of the first a close and to let the wounds from this and Democratic Presidents would set a primary in Iowa. unnecessary and misguided episode very dangerous precedent and would do Well, to say the timing was a coinci- heal. violence to the Constitution’s separa- dence would be laughable. This par- There being no objection, the mate- tion of powers design. In effect, it tisan impeachment process could not rial was ordered to be printed in the would make the Presidency itself sub- only remove the President from office, RECORD, as follows: servient to Congress. it would also potentially prevent his STATEMENT FOR THE RECORD—IMPEACHMENT The father of our Constitution, name from appearing on the ballot in TRIAL OF DONALD JOHN TRUMP James Madison, warned against allow- November. We are only 9 months away SENATOR JOHN CORNYN OF TEXAS ing the impeachment power to create a from an election—9 months away from Mr. President, I would like to submit this Presidential tenure at the pleasure of the American people voting on the di- statement for the record regarding the im- the Senate. rection of our country—but our Demo- peachment trial of President Donald Trump. Even more concerning, at every turn cratic colleagues don’t trust the Amer- This statement seeks to supplement the re- throughout this process, the House ican people, so they have taken mat- marks that I made on the Senate floor on Democrats violated President Trump’s ters into their own hands. Wednesday, February 5, 2020. It includes right to due process of law. All Amer- This politically motivated impeach- some of my observations as a former judge ican law is built on a constitutional ment sets a dangerous precedent. This on some of the complicated constitutional, is a very important point. This is not legal, and factual issues associated with this foundation securing basic rights and impeachment proceeding and its implica- rules of fairness for a citizen accused of just about President Trump; this is tions for future presidential impeachments. about the Office of the Presidency and wrongdoing. (1) What is the Constitutional standard? It is undisputed that the House ex- what precedent a conviction and re- In America, all government derives its cluded the President’s legal team from moval would set for our Constitution power, in the words of the Declaration of both the closed-door testimony and al- and for our future. If successful, this Independence, ‘‘from the consent of the gov- most the entirety of the House’s 78-day would give a green light to future Con- erned.’’ 1 This is not just a statement of na- inquiry. They channeled personal, pol- gresses to weaponize impeachment to tional policy, but a statement about legit- icy, and political grievances and at- defeat a political opponent for any ac- imacy. tempted to use the most solemn re- tion—even a failure to kowtow to Elections are the principal means of con- sponsibility of Congress to bring down Congress’s wishes. ferring legitimacy by the consent of the gov- a political rival in a partisan process. Impeachment is a profoundly serious erned. Impeachments, by the House and tried It is no secret that Democrats’ cru- matter that must be handled as such. in the Senate, while conferring authority on 535 Members of Congress to nullify one elec- sade to remove the President began It cannot become the Hail Mary pass of tion and disqualify a convicted President more than 3 years ago on the very day a party to remove a President, effec- from appearing on a future ballot, exercise he was inaugurated. On January 20, tively nullifying an election and inter- delegated power from the governed, much at- 2017, the Washington Post ran a story fering in the next. tenuated from the direct consent provided by

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.005 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S875 an election. It seems obvious that an im- that any subpoenas issued before passage of Justice’s Office of Legal Counsel, and repeat- peachment of a President during an election a formal resolution of the House establishing edly asserted by both Republican and Demo- year should give rise to heightened concerns an impeachment inquiry were constitu- cratic Administrations in countless disputes about legitimacy. tionally invalid and a violation of due proc- with Congress. And since the House did not While there was extensive argument on ess. The House Managers rely on the Con- pursue the testimony originally subpoenaed, what the Framers intended the impeachment stitution’s grant of the ‘‘sole power of im- the issue of presidential privileges or immu- standard to be, suffice it to say, they be- peachment’’ to the House and argue that no nity was never decided.7 lieved it should be serious enough to warrant authorizing resolution was required. Essen- But that is not all. Representative Eric removal, and disqualification from future of- tially, they argue that under the Constitu- Swalwell recently declared that not only fice, of a duly elected President. tion the House can run an impeachment in- should a sitting president be impeached if he The role of impeachments in a constitu- quiry any way the House wants and no one or she goes to the courts rather than submit tional republic like the United States was can complain. to Congress, but that contesting demands for borrowed, to some extent, from our British No committee of the House was officially evidence is actually evidence of guilt on all forebears. But it was not a wholesale accept- delegated the House’s impeachment author- of the charged offenses. Congressman ance of the British model, with its par- ity until October 31, 2019, when the House Swalwell claimed ‘‘we can only conclude liamentary system where entire govern- passed House Resolution 660 directing ‘‘the that you are guilty’’ if someone refuses to ments can be removed on a vote of no con- Permanent Select Committee on Intelligence give testimony or documents to Congress.8 fidence, but rather a distinctly Americanized and the Committees on Financial Services, So much for the presumption of innocence system that purposefully created a strong Foreign Affairs, the Judiciary, Oversight and and other constitutional rights encompassed and co-equal chief executive, elected by the Reform, and Ways and Means to continue by the Constitution’s guarantee of Due Proc- people for a definite term, with a narrowed their ongoing investigations as part of the ess of Law. existing House of Representatives inquiry scope of impeachable offenses for the Presi- It is an odd argument that a person ac- into whether sufficient grounds exist for the dent. cused of running a red light has more legal House of Representatives to exercise its con- Under the U.S. Constitution, Presidents rights than a President being impeached. may be impeached for ‘‘treason, bribery, and stitutional power to impeach Donald John other high crimes and misdemeanors.’’ Due Trump, President of the United States.’’ (4) The House’s impeachment inquiry to the rarity of presidential impeachments Neither the House’s theory that it could The House Managers argue that since Arti- (three in 232 years), the age of some prece- act without a delegation resolution, nor the cle 1, Section 2 of the Constitution gives the dents (dating back to the Johnson impeach- White House Counsel’s argument that sub- House the ‘‘sole power of impeachment,’’ the ment of 1868), and the diversity of impeach- poenas were void without one was presented President cannot question the procedures as ment cases (and in particular, the significant to a court during this impeachment inquiry.4 a denial of Due Process of Law or authority difference between the impeachment of In fact, the House intentionally avoided liti- by which that House produced the Articles. judges and Presidents), there remains quite a gation because, as House Manager Adam What they don’t explain is how House rules bit of debate about precisely what actions by Schiff stated, it would slow down their in- can preempt the Constitution. They can’t. a President are impeachable. quiry. As Chief Justice John Marshall wrote in Some argue a crime is not required, al- One example makes this point. Charles Marbury v. Madison, ‘‘the Constitution is su- though all previous presidential impeach- Kupperman was a deputy to former National perior to any ordinary act of the legislature, ments charged a crime. Some argue that not Security Advisor John Bolton. Other than [and] the Constitution, and not such ordi- all crimes are impeachable, only serious Bolton himself, Kupperman was one of the nary act, must govern the case to which they crimes can be ‘‘high’’ crimes. Some cat- officials most likely to have direct knowl- both apply.’’ 9 egories, including ‘‘malversation,’’ ‘‘neglect edge of an alleged quid pro quo on aid to While the Constitution gives the House the of duty,’’ ‘‘corruption,’’ ‘‘malpractice,’’ and Ukraine. But after the House subpoenaed ‘‘sole power to impeach’’ it gives the Senate ‘‘maladministration’’ were considered and him last fall, Kupperman went to court and the ‘‘sole power to try all impeachments.’’ rejected by the Framers.2 asked for a resolution of the competing Some have analogized the House’s role to a (2) Abuse of power claims between the President and the House. grand jury in criminal cases. Generally Rather than wait for a judicial determina- The President’s lawyers charge that speaking, a grand jury may issue an indict- tion in this interbranch dispute, the House ment, also known as a ‘‘true bill,’’ only if it ‘‘abuse of power’’ alleged in the first Article withdrew its subpoena and affirmatively dis- of Impeachment is not a crime, much less a finds, based upon the evidence that has been claimed any desire to pursue Kupperman’s presented to it, that there is probable cause ‘‘high’’ crime, nor a violation of established testimony in the future.5 The House also de- law. This argument raises Due Process of to believe that a crime has been committed cided not to subpoena Bolton or any other by a criminal suspect. Law concerns with regard to notice of what key witnesses in the administration. is prohibited. As Justice Antonin Scalia ob- Instead, the House elected to push through But impeachment is not, strictly speaking, served shortly before his death in the crimi- impeachment with an abbreviated period of a criminal case, even though the Constitu- nal context, ‘‘invoking so shapeless a provi- roughly three months and declared any delay tion speaks in terms of ‘‘conviction’’ and the sion to condemn someone . . . does not com- by President Trump, even to seek judicial re- impeachment standard is ‘‘treason, bribery, port with the Constitution’s guarantee of view, to be obstruction of Congress and a or other high crimes and misdemeanors.’’ due process.’’ 3 high crime and misdemeanor. The Adminis- Contrast that with Article 1, Section 3, Moreover, they argue that ‘‘abuse of tration is currently in court challenging de- Clause 7: ‘‘the Party convicted shall never- power’’ is tantamount to ‘‘maladministra- mands for witnesses and documents. Just a theless be liable and subject to Indictment, tion,’’ which was rejected by the Framers. couple weeks ago, the Supreme Court accept- Trial, Judgment and Punishment, according There is little doubt that a vague and ambig- ed such cases for review and stayed the lower to Law.’’ In other words, the constitutional uous charge in an Article of Impeachment court decisions ordering the production of prohibition of double jeopardy does not can be a generalized accusation into which President Trump’s financial records from apply. the House can lump all of their political, pol- third parties.6 Still, the House impeached Neither are Senators jurors in the usual icy, and personal differences with a Presi- President Trump before the Supreme Court sense of being ‘‘disinterested’’ in the facts or dent. This should be avoided. or other federal courts could rule on the outcome. Senators take the following oath: The House Managers say no crime is re- merits of claims of presidential privileges ‘‘Do you solemnly swear that in all things quired for impeachment, and that abuse of and immunities in this impeachment in- appertaining to the trial of the impeachment power, which incorporates a host of nefar- quiry. of Donald John Trump, President of the ious acts, is all that is required. No violation The essence of the House’s second Article United States, now pending, you will do im- of criminal statutes is alleged, nor required of Impeachment is that it is Obstruction of partial justice according to the Constitution they say, and they disagree that abuse of Congress to decline to voluntarily submit to and laws, so help you God?’’ power equates with ‘‘maladministration.’’ the House’s inquiry and forgo any claims of Hamilton wrote in Federalist 65 the Senate They point to Alexander Hamilton’s state- presidential privileges or immunities. One was chosen as the tribunal for courts of im- ment in Federalist 65 that impeachable of- interpretation of these facts is that the peachment because: fenses are ‘‘those offenses which proceed House simply gave up pursuing the testi- ‘‘Where else than in the Senate could have from the misconduct of public men, or, in mony in the interest of speed. While un- been found a tribunal sufficiently dignified, other words, from the abuse or violation of doubtedly litigation would have delayed for or sufficiently independent? What other body some public trust.’’ a time the House’s impeachment inquiry if would be likely to feel confidence enough in (3) Obstruction of Congress. they were determined to secure the testi- its own situation, to preserve, unawed and The House Permanent Select Committee mony they initially sought, it is clear that uninfluenced, the necessary impartiality be- on Intelligence issued dozens of subpoenas the President, and not the witnesses, would tween an individual accused, and the rep- and heard testimony from 17 witnesses. As to assert claims of executive privilege or abso- resentatives of the people, his accusers?’’ other witness subpoenas issued to members lute testimony immunity to protect the Of- Because impeachment is neither civil nor of the Trump Administration, White House fice of the Presidency. These claims are con- criminal in the usual sense, it must be some- Counsel Pat Cipollone argued in his October stitutionally based in the separation of pow- thing different. President Trump’s counsel 8, 2019 letter to Speaker of the House Pelosi ers, long-recognized by the Department of referred to the Senate role as sitting in a

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.001 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S876 CONGRESSIONAL RECORD — SENATE February 5, 2020 ‘‘High Court of Impeachment,’’ and ‘‘Democ- the courts. Given that the House chose to that Senators could use, literally, any stand- racy’s ultimate court.’’ Hamilton, in Fed- not seek judicial enforcement of subpoenas ard they wished. eralist 65, called it ‘‘a method of national in- during its impeachment inquiry because of This is significant on the issue of the quest.’’ concerns about delay, the question is do they President’s motive in seeking a corruption One of most significant disputes in the have a right to do so during the Senate trial? investigation from President Zelensky, one Senate impeachment trial of President If so, the President’s lawyers claim, such an that included former Vice President Biden Trump was the duty of the House to develop outcome would significantly protract a Sen- and his son, Hunter, and the company on evidence during its impeachment inquiry ate trial and permanently alter the relation- whose board he served, Burisma. The House and the duty of the Senate when new evi- ship between the House and Senate in im- Managers argued, repeatedly, that President dence is sought by one or both parties during peachment proceedings. Indeed, there is a Trump did not care about Ukrainian corrup- the trial. In addressing this issue, it is help- strong textual and structural argument that tion or burden sharing with allies and that ful to remind ourselves that the American the Constitution prohibits the Senate from his sole motive was to get information dam- system of justice is adversarial in nature. performing the investigative role assigned to aging to a political rival, Joe Biden. That is, it is a system that ‘‘resolves dis- the House. President Trump’s lawyers contend that he putes by presenting conflicting views of fact The House Managers contend that Chief has a record of concerns about burden shar- and law to an impartial and relatively pas- Justice John Roberts could rule on questions ing with allies, as well as corruption, and sive arbiter, who decides which side wins of privilege while presiding over the im- produced several examples. At most, they what.’’ 10 This system ‘‘consists of a core of peachment trial, avoiding delay during liti- say, his was a mixed motive—partly policy, basic rights that recognize and protect the gation, but the Chief Justice made clear his partly political—and in any event it was not dignity of the individual in a free society.’’ 11 was not a judicial role in the usual sense.13 a crime and thus not impeachable. The rights that comprise the adversary When the issue of whether the Chief Justice Therefore, the question arises: did the system include . . . the rights to call and to would be a tie-breaking vote came up during House Managers prove beyond a reasonable confront witnesses, and the right to require the trial, he said: ‘‘I think it would be inap- doubt that the sole motive for pausing mili- the government to prove guilt beyond a rea- propriate for me, an unelected official from a tary aid to Ukraine was for his personal ben- sonable doubt. . . . These rights, and others, different branch of government, to assert the efit? Or, did they fail to meet their burden? are also included in the broad and funda- power to change that result so that the mo- Conclusion mental concept [of] due process of law—a tion would succeed.’’ So it is that the Sen- Ultimately, the House Managers failed to concept which itself has been substantially ate, not the Chief Justice presiding in an es- prove beyond a reasonable doubt that Presi- equated with the adversary system.’’ 12 sentially ceremonial role during impeach- dent Trump’s sole motive for seeking any The adversarial nature of these pro- ment trials, determines disputed issues. This corruption investigation in Ukraine, includ- ceedings means that the House Managers conclusion is further supported by the rule ing of Hunter Biden, was for a personal polit- were obligated to develop their case, includ- that a majority of Senators are empowered ical benefit. This is particularly true given ing the evidence, in the House inquiry, and to effectively ‘‘overrule’’ an initial deter- the evidence of President Trump’s docu- not rely on the Senate to do so. In typical mination by the presiding officer. In the mented interest in financial burden sharing court proceedings, the failure of the pros- words of Senate Impeachment Rule Seven: with allies, and the widely shared concerns, ecutor to present sufficient evidence at trial ‘‘The presiding officer may, in the first in- including by the Obama/Biden Administra- results in dismissal, not in open-ended dis- stance, submit to the Senate, without a divi- tion, with corruption in Ukraine and the covery or a re-opened investigation. sion, all questions of evidence and incidental need to protect American taxpayers. President Trump’s lawyers argued that questions; but the same shall, on the demand Even if President Trump had mixed mo- there were three main errors in the House of one-fifth of the members present, be de- tives—a public interest combined with a per- proceedings: cided by yeas and nays.’’ The unseemliness sonal interest—the fact is the investigations (1) The House did not initially authorize of imposing this role on the Chief Justice is never occurred and the aid to Ukraine was the impeachment inquiry, thus delegating obvious and should be avoided. paused but delivered on schedule. Moreover, none of the above conduct rises its ‘‘sole power’’ to the Intelligence Com- (5) The Facts mittee, which issued dozens of subpoenas the to the level of a ‘‘high crime and mis- Of course, the main factual contentions of President deemed invalid; demeanor.’’ The first article, Abuse of (2) Numerous due process violations during the House Managers involve President Power, which charges no crime or violation the Intelligence Committee’s proceedings, Trump’s interest in an investigation of Hun- of existing law is too vague and ambiguous including denial of notice, counsel, cross ex- ter and Joe Biden’s role in Ukraine. They al- to meet the Constitution’s requirements. It amination, and the opportunity to call wit- lege the President’s ‘‘corrupt’’ motive to dig is simply a conclusion into which any dis- nesses; up dirt on a potential political rival is an agreeable conduct can be lumped. (3) And, finally, that as an interested fact abuse of power. The President’s lawyers Finally, the second article, Obstruction of witness regarding Intelligence Committee argue that it is clearly within the Presi- Congress, cannot be sustained on this record. contacts with the whistleblower, Chairman dent’s authority to investigate corruption The President’s counsel argued persuasively Schiff could not be said to have fairly con- and leverage foreign aid in order to combat that its subpoenas were largely unauthorized ducted the House investigation. it. Even if it incidentally helps the President in the absence of a House resolution dele- Again, the House Managers argue that the electorally, they argue it is not a ‘‘high gating its authority to a House committee. method by which the Articles of Impeach- crime and misdemeanor.’’ What’s more, the House never sought to en- ment were approved in the House cannot be But there are more basic factual conun- force its subpoenas in the courts, essentially challenged in the Senate trial given the drums. Any investigations discussed in the giving up efforts to do so in favor of expe- House’s ‘‘sole power to impeach.’’ July 25 conversation between Ukrainian diting the House impeachment inquiry. The Ominously, the President’s lawyers argue President Volodymyr Zelensky and Presi- desire to meet an arbitrary deadline before that whatever precedent was set by the Sen- dent Trump never occurred. And the foreign Christmas was prioritized over a judicial de- ate in this trial would be the ‘‘new normal’’ aid, including lethal defensive aid and weap- termination in the interbranch dispute. and govern not just this trial but all im- ons, was paused for just a short time and de- ENDNOTES livered on September 11, 2019, before the peachment trials in the future. They also 1. See Declaration of Independence (‘‘We argue that to make impeachment ‘‘too easy’’ deadline of September 30. The abuse of power alleged was based on hold these truths to be self-evident, that all in the House will result in more frequent men are created equal, that they are en- presidential impeachments being approved desired investigations and the withholding of foreign aid. But neither, ultimately, oc- dowed by their Creator with certain by this and future Houses, which the Senate unalienable Rights, that among these are would then be obligated to try. Similarly, curred. This is similar to an ‘‘attempted’’ offense under the criminal law. Indeed, the law Life, Liberty, and the pursuit of Happiness. they argue that the Senate should not re- That to secure these rights, Governments ward the failure of the House to litigate criminalizes a host of attempted offenses. But the Articles of Impeachment do not are instituted among Men, deriving their questions of presidential privileges and im- powers from the consent of the govern- munities in their impeachment inquiry and charge President Trump with any crimes, including any ‘‘attempted’’ offenses. ment.’’) transfer that burden to the Senate. An im- 2. See The Records of the Federal Conven- portant difference between the House and (6) Burden of Proof tion of 1787 (Max Farrand, ed., 1911). Senate is that House inquiries can be dele- President Trump’s counsel argued that the 3. Johnson v. United States, 135 S.Ct. 2551, gated to committees while the House con- appropriate burden of proof in this quasi- 2560 (2015). Chief Justice Roberts similarly ducts other business; not so in the Senate, criminal trial is ‘‘proof beyond a reasonable relied on Justice Scalia’s views when he which must sit as a court of impeachment doubt.’’ This point was not seriously con- raised due process concerns in the context of until the trial is completed. tested by the House Managers who repeat- an amorphous definition of corruption in the Thus, during a Senate impeachment trial, edly claimed the evidence in support of the criminal prosecution of public officials. absent unanimous consent—unlikely given Articles of Impeachment was ‘‘over- McDonnell v. United States, 136 S.Ct. 2355, 2373 the contentious nature of the proceedings— whelming.’’ Manager Jerry Nadler went fur- (2016). the Senate is precluded from any other busi- ther and claimed, repeatedly, that the evi- 4. A variation of these arguments came up ness, even during delays while executive dence produced was ‘‘conclusive’’ and in active litigation related to the House’s ac- privilege and similar issues are litigated in ‘‘uncontested.’’ Manager Zoe Lofgren argued cess to testimony and evidence connected

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.003 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S877 with Special Counsel Mueller’s investiga- partisan vote against impeachment; stitution is never again abused in this tion. The district courts rejected the White and the attempt to manipulate or even way. It is time to turn the page. It is House Counsel’s position. See House of Rep- prevent a trial here in the Senate— time to turn to a new politics of the resentatives v. McGahn, No. 1:19–cv–02379–KBJ, holding the Articles of Impeachment people and to a politics of home. It is 2019 WL 6312011 (D.D.C. Nov. 25, 2019) and In re Application of House of Representatives for for 33 days—in brazen defiance of the time to turn to the future—a future Release of Certain Grand Jury Materials, No. Constitution’s mandates. where this town finally accepts the 1:19–gj–00048, 2019 WL 5485221 (D.D.C. Oct. 25, The House Democrats have given us people’s judgment and the people’s ver- 2019). But those decisions are now on appeal, the first purely partisan impeachment dict and where this town finally deliv- and the D.C. Circuit heard argument in those in our history and the first attempt to ers for the people who elected them; a cases on January 3, 2020. remove an elected President that does future where the middle of our society 5. See Kupperman v. House of Representa- not even allege unlawful conduct. gets a fair shake and a level playing tives, 1:19–cv–03224–RJL, 2019 WL 729359 Animating it all has been the bitter field; a future where maybe—maybe— (D.D.C. Dec. 30, 2019). 6. See Order of Supreme Court dated De- resentment of a professional political this town will finally listen. cember 13, 2019 granting certiorari in Trump class that cannot accept the verdict of When I think of all the energy and all v. Mazars USA, 940 F.3d 710 (D.C. Cir. 2019); the people in 2016, that cannot accept the effort that has been expended on Trump v. Deutsche Bank, 943 F.3d 627 (2d Cir. the people’s priorities, and that now this impeachment crusade over almost 2019), and Trump v. Vance, 941 F.3d 631 (2d Cir. seeks to overturn the election and en- 3 years now, I wonder what might have 2019). The Supreme Court will hear argument trench themselves in power. That is been. in these cases on March 31, 2020. how we arrived at this moment, that is Today is a sad day, but it does not 7. Issues associated with executive privi- how we got here, and that is what this have to remain that way. Imagine what lege were litigated and resolved in the courts is really about. we might achieve for the good of this well in advance of the Nixon and Clinton im- Nation if we turn our energy and our peachments. Now it is time to bring this fiasco to 8. See December 17, 2019 Interview of Con- a close. It is time to end this cycle of effort to the work of the American peo- gressman Eric Swalwell by CNN’s Wolf retribution and payback and bitter- ple. Imagine what we could do to keep Blitzer (‘‘Unless you send those [witnesses] ness. It is time to end the abuse of our families in their homes and to bring to us, we can only conclude that you are institutions. It is time to let the ver- new possibility to the Nation’s heart- guilty, because in America, innocent men do dict of the people stand. So I will vote land and to care for our children in not hide and conceal evidence. In fact, . . . today to acquit the President of these every part of this society. Imagine they do just the opposite, they are forth- charges. what we could do to lift up the most coming and they want to cooperate, and the vulnerable among us who have been ex- President is acting like a very guilty per- You know, it has been clear for a son.’’) long time that impeachment is not a ploited and trafficked and give them 9. See Marbury v. Madison, 5 U.S. 137, 138 priority of the people—it is not even new hope and new life. Imagine what (1803) (‘‘An act of congress repugnant to the close. It is a pipe dream of politicians. we could do for those who have been constitution cannot become a law.’’) And as the Democrats have forced it on forgotten, from our rural towns to our 10. Monroe H. Freeman, ‘‘Our this country over these many months, inner cities. Imagine what we could do Constitutionalized Adversary System,’’ 1 it has sapped our energy and diverted to give them control over their own Chapman Law Rev. 57, 57 (1998). Justice destinies. Scalia noted that the adversarial system is our attention from the real issues that press upon our country, the issues the We can find the common good. We founded on ‘‘the presence of a judge who does can push the boundaries of the pos- not (as the inquisitor does) conduct the fac- people of this Nation have tried to get tual and legal investigation himself, but in- this town to care about for years. I sible. We can rebuild this Nation if we stead decides on the basis of facts and argu- mean the crisis of surging suicides and will listen to the American people. Let ments pro and con adduced by the parties.’’ drug addiction that is driving down life us begin. I yield the floor. McNeil v. Wisconsin, 501 U.S. 171, 181 n.2 (1991). expectancy in my State and across this 11. Id. The PRESIDING OFFICER. The Sen- 12. Id. Nation. I mean the crisis at the border, ator from Tennessee is recognized. 13. As even one of the witnesses who testi- where those drugs are pouring across. I Mr. ALEXANDER. Madam President, fied in the House has recognized, the Con- mean the crisis of skyrocketing in this impeachment proceeding, I stitution designates the Chief Justice to healthcare costs, which burden fami- worked with other Senators to make serve as presiding officer of the Senate for lies, young and old, with bills they can- presidential impeachments because the sure that we had the right to ask for not pay. I mean the crisis of affordable more documents and witnesses, but Framers understood the obvious conflict of housing, which robs parents of a safe interest and tension in allowing the Vice there was no need for more evidence to President to preside over the trial of the place to raise their children and build a prove something that I believe had al- President. Michael Gerhardt, The Constitu- life. I mean the crisis of trafficking and ready been proven and that did not tional Limits to Impeachment and Its Alter- exploitation, which robs our young meet the U.S. Constitution’s high bar natives, 68 Texas Law Review 1, 98 (1989). girls and boys of a future and our soci- for an impeachable offense. Mr. CORNYN. I yield the floor. ety of their innocence. I mean the cri- There was no need for more evidence I suggest the absence of a quorum. sis of the family farm and the crisis of to prove that the President asked The PRESIDING OFFICER (Mrs. education costs for those who go to col- Ukraine to investigate Joe Biden and LOEFFLER). The clerk will call the roll. lege and the lack of good-paying jobs his son, Hunter. He said this on tele- The senior assistant legislative clerk for those who don’t. I mean the crisis vision on October 3, 2019, and he said it proceeded to call the roll. of connectivity in our heartland, where during his July 25, 2019, telephone call Mr. HAWLEY. Madam President, I too many schoolchildren can’t access with the President of Ukraine. ask unanimous consent that the order the internet even to do their homework There was no need for more evidence for the quorum call be rescinded. at night. I mean the crisis of unfair to conclude that the President with- The PRESIDING OFFICER. Without trade and lost jobs and broken homes. held United States aid, at least in part, objection, it is so ordered. And I could go on. to pressure Ukraine to investigate the Mr. HAWLEY. Madam President, I My point is this: When I listen to the Bidens. The House managers have come here today with the business of people of my State, I don’t hear about proved this with what they called a impeachment before this Chamber. It impeachment. No, I hear about the ‘‘mountain of overwhelming evidence.’’ should hardly be necessary at this late problems of home and neighborhood, of One of the managers said it was juncture to outline again the train of family and community, about the loss ‘‘proved beyond a shadow of a doubt.’’ abuses and distortions and outright of faith in our government and about There was no need to consider fur- lies that have brought us to today’s the struggle to find hope for the future. ther the frivolous second Article of Im- impeachment vote: the secret meetings This town owes it to these Americans— peachment that would remove from the in the Capitol basement; the closed the ones who sent us here—finally to President and future Presidents—re- hearings without due process or basic listen, finally to act, and finally to do move this President for asserting his fairness; the failure of the House to fol- something that really matters to them. constitutional prerogative to protect low their own rules and authorize an We must leave this impeachment cir- confidential conversations with his impeachment inquiry and then the bi- cus behind us and ensure that our Con- close advisers.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.005 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S878 CONGRESSIONAL RECORD — SENATE February 5, 2020 It was inappropriate for the Presi- trial. ‘‘The Senate should remove the ored to do during this impeachment dent to ask a foreign leader to inves- President for extortion,’’ she said. proceeding. tigate his political opponent and to I replied to her: ‘‘I was not voting for Madam President, I ask unanimous withhold U.S. aid to encourage this in- or against the President. I was voting consent to include a few documents in vestigation. When elected officials infor the United States Constitution, the RECORD following my remarks. appropriately interfere with such in- which, in my view, does not give the They include an editorial from Feb- vestigations, it undermines the prin- Senate the power to remove a Presi- ruary 3 from the Wall Street Journal; ciple of equal justice under the law. dent from his office and from this an editorial from the National Review, But the Constitution does not give the year’s election ballot simply for ac- also dated February 3; an opinion edi- Senate the power to remove the Presi- tions that are inappropriate. The torial by Robert Doar, president of the dent from office and ban him from this United States Constitution says a American Enterprise Institute on Feb- year’s ballot simply for actions that President may be convicted only for ruary 1; an article from KnoxTNToday, are inappropriate. Treason, Bribery, and other High yesterday; and a transcript from my The question, then, is not whether Crimes and Misdemeanors. President appearance on ‘‘Meet the Press’’ on the President did it but whether the Trump’s actions regarding Ukraine are Sunday, February 2, 2020. These docu- Senate or the American people should a far cry from that. Plus,’’ I said, ‘‘un- ments illuminate and further explain decide what to do about what he did. I like the Nixon impeachment, when al- my statement today. believe that the Constitution clearly most all Republicans voted to initiate Thank you. provides that the people should make an impeachment inquiry, not one sin- There being no objection, the mate- that decision in the Presidential elec- gle Republican voted to initiate this rial was ordered to be printed in the tion that began on Monday in Iowa. impeachment inquiry against Presi- RECORD, as follows: The Senate has spent 11 long days dent Trump. The Trump impeach- [From the Wall Street Journal, Feb. 3, 2020] considering this mountain of evidence, ment,’’ I said to her, ‘‘was a completely EDITORIAL BOARD: LAMAR ALEXANDER’S FIN- the arguments of the House managers partisan action, and the Framers of the EST HOUR—HIS VOTE AGAINST WITNESSES and the President’s lawyers, their an- United States Constitution, especially WAS ROOTED IN CONSTITUTIONAL WISDOM swers to Senators’ questions, and the James Madison, believed we should Senate Republicans are taking even more House record. Even if the House never ever have a partisan impeach- media abuse than usual after voting to bar witnesses from the impeachment trial of charges were true, they don’t meet the ment. That would undermine the sepa- President Trump. ‘‘Cringing abdication’’ and Constitution’s ‘‘Treason, Bribery, or ration of powers by allowing the House ‘‘a dishonorable Senate’’ are two examples of other High Crimes and Misdemeanors’’ of Representatives to immobilize the the sputtering progressive rage. On the con- standard for impeachable offense. executive branch, as well as the Sen- trary, we think it was Lamar Alexander’s The Framers believed that there ate, by a perpetual partisan series of finest hour. never ever should be a partisan im- impeachments.’’ Well, she was not con- The Tennessee Republican, who isn’t run- peachment. That is why the Constitu- vinced. ning for re-election this year, was a decisive tion requires a two-thirds vote of the vote in the narrowly divided Senate on call- When our country was created, there ing witnesses. He listened to the evidence Senate to convict. Yet not one House never had been anything quite like it— and arguments from both sides, and then he Republican voted for these articles. a democratic republic with a written offered his sensible judgment: Even if Mr. If this shallow, hurried, and wholly Constitution. Perhaps its greatest in- Trump did what House managers charge, it partisan impeachment were to succeed, novation was the separation of powers still isn’t enough to remove a President from it would rip the country apart, pouring among the Presidency, the Supreme office.‘‘It was inappropriate for the president gasoline on the fire of cultural divi- Court, and the Congress. to ask a foreign leader to investigate his po- sions that already exist. It would cre- The late Justice Scalia said this of litical opponent and to withhold United ate a weapon of perpetual impeach- checks and balances: ‘‘Every tin horn States aid to encourage that investigation,’’ Mr. Alexander said in a statement Thursday ment to be used against future Presi- dictator in the world today, every night. ‘‘But the Constitution does not give dents whenever the House of Rep- president for life, has a Bill of Rights. the Senate the power to remove the presi- resentatives is of a different political . . . What has made us free is our Con- dent from office and ban him from this party. stitution.’’ What he meant was, what year’s ballot simply for actions that are in- Our founding documents provide for makes the United States different and appropriate.’’ duly elected Presidents who serve with protects our individual liberty is the The House managers had proved their case ‘‘the consent of the governed,’’ not at separation of powers and the checks to his satisfaction even without new wit- the pleasure of the U.S. Congress. Let nesses, Mr. Alexander added, but ‘‘they do and balances in our Constitution. not meet the Constitution’s ‘treason, brib- the people decide. The goal of our Founders was not to ery, or other high crimes and misdemeanors’ A year ago, at the Southeastern Con- have a King as a chief executive, on the standard for an impeachable offense.’’ Ne- ference basketball tournament, a one hand, or not to have a British-style braska Sen. Ben Sasse told reporters ‘‘let me friend of 40 years sitting in front of me parliament, on the other, which could be clear: Lamar speaks for lots and lots of turned to me and said: ‘‘I am very un- remove our chief executive or prime us.’’ happy with you for voting against the minister with a majority or no-con- This isn’t an abdication. It’s a wise judg- President.’’ She was referring to my fidence vote. The principle reason our ment based on what Mr. Trump did and the rushed, partisan nature of the House im- vote against the President’s decision to Constitution created a U.S. Senate is peachment. Mr. Trump was wrong to ask spend money that Congress hadn’t ap- so that one body of Congress can pause Ukraine to investigate Joe and Hunter propriated to build the border wall. and resist the excesses of the Executive Biden, and wrong to use U.S. aid as leverage. I believed then and now that the U.S. or popular passions that could run His call with Ukraine’s President was far Constitution gives to the Congress the through the House of Representatives from ‘‘perfect.’’ It was reckless and self-de- exclusive power to appropriate money. like a freight train. structive, as Mr. Trump often is. This separation of powers creates The language of the Constitution, of Nearly all of his advisers and several Sen- checks and balances in our government course, is subject to interpretation, but ators opposed his actions, Senators like Wis- consin’s Ron Johnson lobbied Mr. Trump that preserve our individual liberty by on some things, its words are clear. hard against the aid delay, and in the end not allowing, in that case, the Execu- The President cannot spend money the aid was delivered within the fiscal year tive to have too much power. that Congress doesn’t appropriate— and Ukraine did not begin an investigation. I replied to my friend: ‘‘Look, I was that is clear—and the Senate can’t re- Even the House managers did not allege spe- not voting for or against the President. move a President for anything less cific crimes in their impeachment articles. I was voting for the United States Con- than treason, bribery, high crimes and For those who want the best overall account stitution.’’ Well, she wasn’t convinced. misdemeanors, and two-thirds of us, of what happened, we again recommend the This past Sunday, walking my dog the Senators, must agree on that. That Nov. 18 letter that Mr. Johnson wrote to House Republicans. Rufus in Nashville, I was confronted by requires a bipartisan consensus. Mr. Alexander’s statement made two other a neighbor who said she was angry and We Senators take an oath to base our crucial points. The first concerns the damage crushed by my vote against allowing decisions on the provisions of our Con- that partisan removal of Mr. Trump would more witnesses in the impeachment stitution, which is what I have endeav- do to the country.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.009 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S879 ‘‘The framers believed that there should Since we already know the core of what As for the Senate trial being a ‘‘cover up,’’ never, ever be a partisan impeachment. That happened, Alexander explained, there was no as Democrats now insist it is, there is noth- is why the Constitution requires a 2/3 vote of need to hear from additional witnesses in the ing stopping the House—or the Senate, for the Senate for conviction. Yet not one House Senate trial. (On this theory of the case, the that matter—from seeking testimony from Republican voted for these articles,’’ Mr. Senate is in effect acting like an appellate John Bolton and others outside the confines Alexander noted. ‘‘If this shallow, hurried court, rendering a judgment on a threshold of the trial. This would be entirely reason- and wholly partisan impeachment were to question of law, rather than a trial court able congressional oversight (despite the succeed, it would rip the country apart, sifting through the facts.) White House arguing otherwise) and there is pouring gasoline on the fire of cultural divi- In the wake of Alexander’s statement, still a public interest in knowing as much as sions that already exist. It would create the other Senate Republicans endorsed his line possible about this matter, even if Trump weapon of perpetual impeachment to be used of analysis, which, it must be noted, is supe- isn’t going to be removed. against future presidents whenever the rior to the defense mounted by the White If nothing else, the last two weeks have House of Representatives is of a different po- House legal team over the last two weeks. been a forum for extensive discussion about litical party.’’ Because the president refused to acknowl- the respective powers of the two elected Does anyone who isn’t a Resistance par- edge what he did, his team implausibly de- branches of government. We are sympathetic tisan doubt this? Democrats and the press nied there was a quid pro quo and argued to the view that the executive branch has talk as if removing Mr. Trump is a matter of that one hadn’t been proven since there were too much power. If Congress seeks to remedy constitutional routine that would restore no first-hand witnesses. Obviously, this posi- this imbalance by impeaching and removing American politics to some pre-2016 nor- tion was at odds with the defense team’s in- presidents, though, it will be sorely dis- malcy. That’s a dangerous illusion. sistence that no further witnesses be called. appointed, since the two-thirds requirement The ouster of Mr. Trump, the political out- It also raised the natural question why, if for a Senate conviction is an almost insuper- sider, on such slender grounds would be seen people with firsthand knowledge had excul- able obstacle to removal (as both House Re- by half the country as an insider coup d’etat. patory information, the White House wasn’t publicans and House Democrats have experi- Unlike Richard Nixon’s resignation, it would eager to let them come forward. enced the last 20 years). never be accepted by Mr. Trump’s voters, Additionally, the White House maintained It would be better if Congress undertook a who would wave it as a bloody flag for years that a president can’t be impeached unless more systematic effort to take back prerogatives it has ceded to the executive branch to come. Payback against the next Demo- he’s guilty of a criminal violation. This is an and the courts. But we aren’t optimistic on cratic President when the Republicans re- erroneous interpretation of the Constitution, this score, since the same Democrats who take the House would be a certainty. although it is true that past presidential im- claim to be sticklers about congressional Mr. Alexander directed Americans to the peachments have involved violations of the power on the Ukraine matter won’t say a dis- better solution of our constitutional bed- law and that such violations provide a bright couraging word about Elizabeth Warren’s rock. ‘‘The question then is not whether the line that’s missing if the charge is only and Bernie Sanders’s promised adventures in president did it, but whether the United abuse of power. Alan Dershowitz argued this position most aggressively for the presi- unilateral rule as president. States Senate or the American people should At the end of the day, Nancy Pelosi im- decide what to do about what he did,’’ his dent’s defense, and made it even worse by briefly seeming—before walking it back—to peached knowing that the Senate wouldn’t statement said. ‘‘Our founding documents convict, and so here we are—with nine argue that anything a president does to ad- provide for duly elected presidents who serve months to go until voters get to make their vance his reelection is properly motivated. with ‘the consent of the governed,’ not at the judgment: not just about Ukraine, but about pleasure of the United States Congress. Let As for the House managers, they were at their strongest making the case that the the last four years and Trump’s eventual op- the people decide.’’ ponent. Democrats and their allies in the media president had done what they alleged, and their weakest arguing that he should be re- have spent three years trying to nullify the [From the AEI, Feb. 1, 2020] election their candidate lost in 2016. They moved for it. They tried to inflate the gravity of ALEXANDER GOT IT RIGHT: IT TAKES MORE TO have hawked false Russian conspiracy theo- REMOVE A PRESIDENT ries, ignored abuse by the FBI, floated fan- Trump’s offense by repeatedly calling it (By Robert Doar) tasies about triggering the 25th Amendment, ‘‘election interference.’’ At the end of the and tried to turn bad presidential judgment day, though, what the Trump team sought ‘‘It was inappropriate for the president to toward Ukraine into an impeachable offense. was not an investigation of Joe or Hunter ask a foreign leader to investigate his polit- Yet Mr. Trump’s job approval rating has in- Biden, but a statement by the Ukrainians ical opponent and to withhold United States creased during the impeachment hearings that they’d look into Burisma, the Ukrain- aid to encourage that investigation. When and trial. ian company on whose board Hunter Biden elected officials inappropriately interfere Our friendly advice to Democrats and the sat. The firm has a shady past and has been with such investigations, it undermines the impeachment press is to accept that you lost investigated before. Trump should have principle of equal justice under the law. But fair and square in 2016 and focus on nomi- steered clear of anything involving his po- the Constitution does not give the Senate nating a better Democratic candidate this tential opponent, but it’s not obvious that a the power to remove the president from of- year. On the recent polling evidence, that new Burisma probe would have had any ef- fice and ban him from this year’s ballot sim- task is urgent. In the meantime, thank you, fect on 2020 (the vulnerability for Biden is ply for actions that are inappropriate.’’ Lamar Alexander. Hunter’s payments, which are already on the Republican Sen. Lamar Alexander’s words record) and, of course, the announcement of reminded me of the struggle my father, John [From the National Review, Feb. 3, 2020] an investigation never happened. Doar, had as he considered whether the con- They said that Trump’s seeking this duct of President Richard Nixon was so seri- EDITORIAL BOARD: LAMAR ALEXANDER GETS Ukrainian interference was in keeping with ous that it should lead the House to impeach IT RIGHT his welcoming of Russian meddling, imply- him and the Senate to remove him from of- The impeachment saga is drawing to a ing that Trump had been found guilty of fice. Dad was in charge of the House Judici- close. colluding with the Russians in 2016, rather ary Committee staff, which took seven The Senate is prepared to acquit without than exonerated. (Part of the complaint here months (between December 1973 and July hearing from witnesses, after Lamar Alex- is that Trump made use of material that 1974) to examine the evidence and consider ander, a swing vote, came out against calling emerged via Russian hacking. Then again, so the question. What he concluded, and what them late last week. did Bernie Sanders in his fight with the the House Judiciary Committee by bipar- In his statement, Alexander expressed the DNC.) tisan majorities also found, was that Nixon correct view on the underlying matter—one They alleged that the brief delay in aid to deserved impeachment and removal for a we have been urging Republicans to publicly Ukraine somehow endangered our national pattern of conduct over a multi-year period adopt since impeachment first got off the security, a risible claim given that the that both obstructed justice and abused ground. Ukrainians got the aid and that Trump has power. The Tennessee Republican said that it has provided Ukraine lethal assistance that So the first article, concerning obstruction been amply established that Donald Trump President Obama never did. of justice, found that Nixon and his subordi- used a hold on defense aid to pressure the They accused the president of obstruction nates had tampered with witnesses and Ukrainians to undertake the investigations of justice for asserting privileges invoked by interfered with the Department of Justice’s that he wanted, and that this was, as he other presidents and not producing docu- investigations. They had paid hush money mildly put it, inappropriate. But this mis- ments and witnesses on the House’s acceler- and attempted to misuse the CIA. And they conduct, he argued, doesn’t rise to the level ated timeline, a charge that White House had lied repeatedly to investigators and the of the high crimes and misdemeanors re- lawyer Patrick Philbin effectively disman- American people. quired to remove a president from office. If tled. On abuse of power, Nixon was found to the Senate were to do so anyway, it would Finally, they insisted that a trial without have misused his authority over the IRS, the further envenom the nation’s partisan di- witnesses wouldn’t be fair, despite making FBI, the CIA, and the Secret Service to de- vide. Besides, there is a national election no real effort to secure the new witnesses feat political opponents and protect himself, looming where the public itself can decide during their own rushed impeachment in- and in the process he had violated the con- whether Trump should stay in office or not. quiry. stitutional rights of citizens. After he came

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.006 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S880 CONGRESSIONAL RECORD — SENATE February 5, 2020 under suspicion, he tried to manipulate these But if Trump is to be removed from office, wrote the constitution was almost fear of agencies to interfere with the investigation. let the voters do it. foreign interference. President Trump’s conduct toward If you believe that Trump didn’t hold up Alexander: That’s true. Ukraine, though inappropriate, differs sig- aid to Ukraine or that he didn’t ask them to Todd: So, and here it is. nificantly from Nixon’s in one crucial re- investigate Joe Biden you have surrendered Alexander: Well, if you hooked up with spect. Where Nixon’s impeachable abuse of your critical faculties or you haven’t been Ukraine to wage war on the United States, power occurred over a period of several paying attention. as the first Senator from Tennessee did, you years, the conduct challenged by the House’s Joe and Hunter Biden should be inves- could be expelled, but this wasn’t that. What impeachment of Trump was not nearly as tigated. By the FBI. I understand Trump’s the president should have done was, if he was prolonged. From July to September of last frustration that the mainstream media could upset about Joe Biden and his son and what year, Trump attempted to cajole a foreign not be counted on to investigate what should they were doing in Ukraine, he should’ve government to open an investigation into his be disqualifying information about Biden’s called the Attorney General and told him political opponent. That conduct was wrong. presidential run. (In the media’s defense, that and let the Attorney General handle it But it’s not the same as what Nixon did over Trump’s kids are also trading off their fa- the way they always handle cases that in- multiple years. ther’s position.) Trump’s problem is that involve public things. This contrast brings to light a critical dif- stead of turning to the FBI he turned the Todd: Why you think he didn’t do that? ference between the House’s behavior in 1974 problem over to Rudy Giuliani and a couple Alexander: Maybe he didn’t know to do it. Todd: Okay. This has been a rationale that and its efforts today. When Nixon’s actions of his questionable associates, otherwise I’ve heard from a lot of Republicans. Well came to light, the House conducted an im- known as the ‘‘Gang Who Couldn’t Shoot boy, he’s still new to this. peachment the right way: The House Judici- Straight.’’ Alexander: Well, a lot of people come to ary Committee took seven months to exam- I doubt you could find 10 Republican senators who, in their heart of hearts, didn’t Washington— ine all of the evidence, built up a theory of Todd: At what point though, is he no agree with Lamar’s position. Many have the case which matched the Constitution’s longer new to this? echoed his argument. But it will be Lamar requirements, and produced charges that im- Alexander: The bottom line is not an ex- who will take the heat. plicated the president and his subordinates cuse. He shouldn’t have done it. And I said he in a pattern of impeachable conduct. Faced shouldn’t have done it and now I think it’s [From Meet the Press, Feb. 2, 2020] with certain impeachment and removal from up to the American people to say, okay, good office, Nixon resigned. What Trump at- INTERVIEW WITH SENATOR LAMAR economy, lower taxes, conservative judges, tempted to do, as Alexander rightly sees, is ALEXANDER, U.S. SENATOR FOR TENNESSEE behavior that I might not like, call to not that. Chuck Todd: Republican Senator Lamar Ukraine. And weigh that against Elizabeth Alexander is right about one other thing— Alexander of Tennessee. Senator Alexander, Warren and Bernie Sanders and pick a presi- we should let the people decide who our next welcome back. dent. president should be. Senator Lamar Alexander: Thank you, Todd: Are you at all concerned though Chuck. when you seek foreign interference? He does [From the Knox TN Today, Feb. 4, 2020] Todd: So one of the reasons you gave in not believe he’s done anything wrong. That LAMAR WAS RIGHT your release about not voting for more wit- what has happened here might encourage (By Frank Cagle) nesses is that—and to decide that, okay, this him that he can continue to do this? trial is over, let’s let the people decide—was Alexander: I don’t think so. I hope not. I Since I’m older than dirt, there have been that the election was too close. So let me mean, enduring an impeachment is some- occasions over the years when first-term ask you though, on the witness vote itself, thing that nobody should like. Even the state legislators would ask me if I had any would it be helpful for the people to decide if president said he didn’t want that on his re- advice for them. they had more information? sume. I don’t blame him. So, if a call like Yes. Alexander: Well, I mean, if you have eight When a major and controversial issue that gets you an impeachment, I would witnesses who say someone left the scene of think he would think twice before he did it looms study it, decide where you are and let an accident, why do you need nine? I mean, everyone know where you are. In other again. the question for me was, do I need more evi- Todd: What example in the life of Donald words, pick a side early, have a reputation dence to conclude that the president did Trump has he been chastened? for keeping your word, and do not be known what he did? And I concluded no. So I voted. Alexander: I haven’t studied his life that as a member who will go where the wind Todd: What do you believe he did? close, but, like most people who survive to blows. Alexander: What I believe he did. One, was make it to the Presidency, he’s sure of him- Make sure you do not get into the group that he called the president of Ukraine and self. But hopefully he’ll look at this and say, known as the undecideds. You will get ham- asked him to become involved in inves- okay, that was a mistake I shouldn’t have mered by both sides, wooed by both sides and tigating Joe Biden, who was— done that, shouldn’t have done it that way. hounded by the media. And finally, do not Todd: You believe his wrongdoing began And he’ll focus on the strengths of his Ad- under any circumstances be the deciding there, not before? ministration, which are considerable. vote. Yours will be the only vote anyone re- Alexander: I don’t know about that, but he Todd: Abuse of power, define it. members. admitted that. The president admitted that. Alexander: Well, that’s the problem with You would think someone who has been He released the transcript. He said it on tele- abuse of power. As Professor Dershowitz said around as long as Lamar Alexander could vision. The second thing was, at least in during his argument, he had a list of 40 presi- avoid this trap. But not so. In the impeach- part, he delayed the military and other as- dents who’d been accused of abuse of power ment trial of President Trump, he got the sistance to Ukraine in order to encourage from Washington to Obama. So it’s too label undecided, he was then hounded by the that investigation. Those are the two things vague a standard to use to impeach a presi- media and hammered by both sides over he did. I think he shouldn’t have done it. I dent. And the founders didn’t use it. I mean, whether he would march in lockstep with think it was wrong. Inappropriate was the they said, I mean, think of what a high bar Majority Leader Mitch McConnell or wheth- way I’d say it, improper, crossing the line. they set. They said treason, bribery, high er he would vote to call more witnesses as And then the only question left is, who de- crimes or misdemeanors. And then they said the Democrats wanted. cides what to do about that? Todd: What do you think they meant by And horror of horrors, he was the deciding Todd: Well, who decides what to do with misdemeanors? Violation of a public trust. vote and the only one that will be remem- that? Alexander: At the time they used it, mis- bered. When he announced how he would Alexander: The people. The people is my demeanor meant a different thing in Great vote the ‘‘more witnesses’’ movement col- conclusion. You know, it struck me really Britain. But I think Dershowitz was right. It lapsed. for the first time early last week, that we’re was something akin to treason, bribery and Alexander now finds himself being excori- not just being asked to remove the president other high crimes and misdemeanors, very ated by both sides. The Trump supporters from office. We’re saying, tell him you can’t high. And then in addition to that, two will never forget his failure to fall in line run in the 2020 election, which begins Mon- thirds of us in the Senate have to agree to and salute. The anti-Trumpers are express- day in Iowa. that, which is very hard to do, which is why ing their disappointment. Todd: If this weren’t an election year, we’ve never removed a president this way in I’ve never been a Lamar fan. But I would would you have looked at this differently? 230 years. like to make the case that he did exactly the Alexander: I would have looked at it dif- Todd: One of your other reasonings was the right thing and he expressed the position of ferently and probably come to the same con- partisan nature of the impeachment vote the majority of his Republican colleagues. clusion because I think what he did is a long itself in the House. Except now we are an- He, and anyone who has been paying atten- way from treason, bribery, high crimes and swering a partisan impeachment vote in the tion, says Trump did what he was accused of misdemeanors. I don’t think it’s the kind of House with a partisan, I guess, I don’t know and what he did was wrong—inappropriate. inappropriate action that the framers would what we would call this right now. But it did not rise to the level of removing expect the Senate to substitute its judgment Alexander: Well you all it acquittal. That’s him from office. There was no point in lis- for the people in picking a president. what happens. tening to additional witnesses and dragging Todd: Does it wear on you though that one Todd: An acquittal, but essentially also, on things out. Everyone knew he was guilty. of the foundational ways that the framers how the trial was run—a partisan way from

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.007 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S881 the trial. So, if we make bipartisanship a case, the House voted 410 to four to authorize Todd: Do you think it’s more helpful for standard, if somebody has a stranglehold on an inquiry. That means that it authorized the public to hear from John Bolton? a base of a political party, then what you’re subpoenas by the judiciary committee for Alexander: They’ll read his book in two saying is, you can overcome any impeach- impeachment. This House never did that. weeks. able offense as long as you have this stran- And so, all the subpoenas that they asked for Todd: You don’t want to see him testify. glehold on a group of people. were not properly authorized. That’s the rea- Alexander: Well, if the question is do I Alexander: Well, as far as what the Senate son that the president didn’t respond to need more evidence to think the president did, I thought we gave a good hearing to the them. did it, the answer is no. I guess I’m coming case. I mean, I help make sure that we didn’t Todd: Bill Clinton offered regret for his be- back to this issue—if you looked at it as an dismiss it. We heard it. There were some who havior. This president has not. Does that isolated incident, here he is using Russian wanted to dismiss it. I helped make sure that bother you? propaganda in order to try to talk to this we had a right to ask for more evidence if we Alexander: Well, there hasn’t been a vote new president of Ukraine. That’s alarming. yet either, so we’ll see what he says and needed it, which we thought we didn’t. We Where is he getting this CrowdStrike propa- does. I think that’s up to him. heard, we saw videotapes of 192 times that ganda. My view is that that is Russian prop- Todd: You’re comfortable acquitting him witnesses testified. We sat there for 11 and 12 aganda. Maybe he has information that I hour days for nine days. So, I think we heard before he says something of regret. Would that not, would that not help make your ac- didn’t have. the case pretty well, but the partisan points, Todd: Okay. Are you definitely voting to the most important point to me, James quittal vote? Alexander: Well, I wasn’t asked to decide acquit or do you think you may vote Madison, others thought there never, ever who says his level of regret. I was asked, did present? should be a wholly partisan impeachment. he make a phone call and did he, at least in Alexander: No question. I’m going to vote And if you look at Nixon, when the vote that part, hold up aid in order to influence an in- to acquit. I’m very concerned about any ac- authorized that inquiry was 410 to four and vestigation of Joe Biden? I concluded yes. So tion that we could take that would establish you look at Trump, where not a single Re- I don’t need to assess his level of regret. a perpetual impeachment in the House of publican voted for it. If you start out with a What I hope he would do is when he makes Representatives whenever the House was a partisan impeachment, you’re almost des- his State of the Union address, that he puts different party than the president. That tined to have a partisan acquittal. this completely behind him, never mentions would immobilize the Senate. You know, we Todd: Alright, but what do you do if you it and talks about what he thinks he’s done have to take those articles, stop what we’re have somebody who has the ability to essen- for the country and where we’re headed. He’s doing, sit in our chairs for 11 hours a day for tially be a populist? You know, be somebody got a pretty good story to tell. If he’ll focus three or four weeks and consider it. And it who is able to say it’s fake news. It’s deep on it. would immobilize the presidency. So I don’t state. Don’t trust this. Don’t trust that. The Todd: You’re one of the few people that de- want a situation—and the framers didn’t ei- establishment is doing this. And so don’t tailed what you believe he did wrong. One of ther—where a partisan majority in the house worry about truth anymore. Don’t worry the few Republicans that have accepted the of either party can stop the government. about what you hear over there. I mean, facts as they were presented. Mitt Romney Todd: You used the phrase ‘‘pour gasoline some may say I’m painting an accurate pic- was just uninvited from CPAC. Mike Pompeo on a fire.’’ ture. Some may be saying I’m painting a can’t speak freely in talking about Maria Alexander: Yeah. radical picture. But how do you prevent Bonovich, the ousted ambassador. Is there Todd: It certainly struck home with me that? room for dissent in the Republican party Alexander: Well, the way you prevent that reading you saying something that I’ve been right now? thinking long and hard about. How con- in our system, according to the Declaration Alexander: Well, I believe there is. I mean, of Independence, is we have duly elected cerned are you about the democracy as it I dissent when I need to. Whether it’s on— stands right now? presidents with the consent of the governed. Todd: —not easy though right now, is it? So we vote them out of office. The other Alexander: Well, I voted in a way that not Alexander: Well, I’m concerned and I want thing we do is, as in the Nixon case, Nixon everybody appreciated on immigration. Just to give credit to Marco Rubio because that’s had just been elected big in 1972 big time, before I was reelected, I voted against the really his phrase. I borrowed it from him— only lost only one state, I think. But then a president’s decision to use what I thought pouring gasoline on the cultural fires. consensus developed, a bipartisan consensus, was unauthorized money to build a wall, Todd: He went a step further. He said this that what he was doing was wrong. And then even though I think we need the wall. I said, was an impeachable offense, but he was un- when they found the crimes, he only had 10 I thought he did it this past week and we’ll comfortable in an election year. or 12 votes that would have kept him in the vote to acquit him. So I’m very comfortable Alexander: But, I’m concerned about the Senate. So he quit. So those are the two op- saying what I believe. And I think others can divisions in the country. They’re reflected in tions you have. as well. the Senate. They make it harder to get a re- Todd: Have we essentially eliminated im- Todd: You know, in that phone call, there’s sult. I mean, I work pretty hard to get re- peachment as a tool for a first-term presi- one thing on the phone call that I’m sur- sults on healthcare, making it easier to go to dent? prised frankly, hasn’t been brought up more college. And we’ve had some real success Alexander: No, I don’t think so. I think im- by others. It’s the mere mention of the word, with it. But the Senate is for the purpose of peachment as a tool should be rarely used CrowdStrike is a Russian intelligence sort of solving big problems that the country will and it’s never been used in 230 years to re- piece of propaganda that they’ve been circu- accept. And that goes back to what happened move a president. There been 63 impeach- lating. Does it bother you that the President this past week. The country would not have ments, eight convictions. They’re all federal of United States is reiterating Russian prop- accepted the Senate saying to it, you can’t judges on a lower standard. aganda? vote for or against President Trump in the Todd: Does it bother you that the presi- Alexander: Yes. I think that’s a mistake. I Iowa caucus, New Hampshire primary, or the dent’s lead lawyer, Pat Cipollone, is now fin- mean if you, see what’s happening in the election this year. gered as being in the room with John Bolton Baltic States where Russians have a big Todd: Are you glad you’re leaving? the first time the president asked John warehouse in St. Petersburg in Russia where Alexander: No, I’ve really loved being in Bolton to call the new President of Ukraine they’re devoted to destabilizing Western de- the Senate, but it’s time for me to go on, and have him take a meeting with Rudy mocracies. I mean, for example, in one of the turn the page, think of something else to do. Giuliani? And I say that because Pat Baltic States, they accused a NATO officer It’ll be my third permanent retirement. Cipollone is up there arguing that there’s no of raping a local girl—of course it didn’t hap- Todd: You’ve retired a few times, is this direct evidence and yet, he may have been a pen, but it threw the government in a com- one going to stick? firsthand witness. plete disarray for a week. So I think we need Alexander: Well, we’ll see. Alexander: Well, it doesn’t have anything to be sensitive to the fact that the Russians Todd: Senator Lamar Alexander, Repub- to do with my decision because my decision are out to do no good to destabilize Western lican from Tennessee, our always thoughtful was, did the president do it, what he’s democracies, including us. And be very wary guest. Thanks for coming on. charged with? He wasn’t charged with a of theories that Russians come up with and Alexander: Thank you, Chuck. crime. He was charged with two things. And peddle. my conclusion was, he did do that and I don’t Todd: Well, I was just going to say this, is The PRESIDING OFFICER. The Sen- need any more evidence to prove it. That it not alarming? The President of United ator from Nebraska is recognized. doesn’t have anything to do with where States in this phone call and you clearly are Mr. SASSE. Madam President, I ask Cipollone was. judging him on the phone, more so than, unanimous consent to introduce into Todd: No, I say that does it only reinforce Alexander: Well the phone call and the evi- the Senate RECORD and into the im- what some believe is that the White House dence. There was plenty of evidence. I mean peachment trial record an op-ed that I was disingenuous about this the whole time. the House managers came to us and said, we wrote in the Omaha World-Herald this have overwhelming evidence. We have a They’ve been disingenuous about how morning. they’ve handled subpoenas from the House or mountain of evidence and we approve it be- requests from the House. yond a shadow of a doubt. Which made me There being no objection, the mate- Alexander: I don’t agree with that Chuck, think, well then why do you need more evi- rial was ordered to be printed in the either. The fact of the matter is in the Nixon dence? RECORD, as follows:

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.008 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S882 CONGRESSIONAL RECORD — SENATE February 5, 2020 [From the Omaha World Herald, Feb. 4, 2020] add to the reality already established: The The Senate trial of Donald Trump MIDLANDS VOICES: OPEN LETTER FROM BEN aid delay was wrong. has been a miscarriage of justice. Don- SASSE PRESENTS HIS TAKE ON IMPEACHMENT But in the end, the president wasn’t se- ald Trump is going to get away with duced by the most malign voices; his honest (By Ben Sasse) abusing his position of power for per- advisers made sure Ukraine got the aid the Impeachment is serious. It’s the ‘‘Break law required. And importantly, this hap- sonal gain, abusing his position of Glass in Case of Emergency’’ provision of the pened three weeks before the legal deadline. power to stop Congress from looking Constitution. To repeat: The president’s official staff re- into his misconduct and falsely claim I plan to vote against removing the presi- peatedly prevailed upon him, Ukraine ulti- he has been exonerated. He is going to dent, and I write to explain this decision to mately got the money, and no political in- escape accountability because a major- the Nebraskans on both sides who have advo- vestigation was initiated or announced. ity of Senators have decided to let him. cated so passionately. You don’t remove a president for initially They voted repeatedly to block key An impeachment trial requires senators to listening to bad advisors but eventually tak- carry out two responsibilities: We’re jurors evidence like witnesses and documents ing counsel from better advisors—which is that could have shed light on the full sworn to ‘‘do impartial justice.’’ We’re also precisely what happened here. elected officeholders responsible for pro- There is another prudential question, truth. moting the civic welfare of the country. We though, beyond the facts of the case: What is We must recognize that still in must consider both the facts before us, and the right thing for the long-term civic health America there are two systems of jus- the long-term effects of the verdict rendered. of our country? Will America be more stable tice—one for the powerful and another I believe removal is the wrong decision. in 2030 if the Senate—nine months from Elec- for everyone else. So let’s speak the Let’s start with the facts of the case. It’s tion Day 2020—removes the president? truth about what our two systems of clear that the president had mixed motives In our Constitution’s 232 years, no presi- justice actually mean in the real world. in his decision to temporarily withhold mili- dent has ever been removed from office by It means that in our country too many tary aid from Ukraine. The line between per- the Senate. Today’s debate comes at a time people walk into courthouses and face sonal and public was not firmly safeguarded. when our institutions of self-government are But it is important to understand, whether suffering a profound crisis of legitimacy, on systemic bias. Too often they lack ade- one agrees with him or not, three things both sides of the aisle. This is not a new cri- quate legal representation, whether President Trump believes: sis since 2016; its sources run much deeper they are overworked, underpaid, or He believes foreign aid is almost always a and longer. both. It means that a young man bad deal for America. I don’t believe this, We need to shore up trust. A reckless re- named Emmett Till was falsely ac- but he has maintained this position consist- moval would do the opposite, setting the na- cused and then murdered, but his mur- ently since the 1980s. tion on fire. Half of the citizenry—tens of derer didn’t have to spend a day in jail. He believes the American people need to millions who intended to elect a disruptive know the 2016 election was legitimate, and It means that four young Black men outsider—would conclude that D.C. insiders have their lives taken and turned up- he believes it’s dangerous if they worry Rus- overruled their vote, overturned an election sia picked America’s president. About this, and struck their preferred candidate from side-down after being falsely accused of he’s right. the ballot. a crime in Groveland, FL. It means He believes the Crowdstrike theory of 2016, This one-party removal attempt leaves that, right now, too many people in that Ukraine conducted significant meddling America more bitterly divided. It makes it America are sitting in jail without in our election. I don’t believe this theory, more likely that impeachment, intended as a having yet been convicted of a crime but the president has heard it repeatedly tool of last resort for the most serious presi- but simply because they cannot afford from people he trusts, chiefly Rudy Giuliani, dential crimes, becomes just another bludg- bail. And it means that future Presi- and he believes it. eon in the bag of tricks for the party out of dents of the United States will remem- These beliefs have consequences. When the power. And more Americans will conclude president spoke to Ukraine’s president that constitutional self-government today is ber that the U.S. Senate failed to hold Zelensky in July 2019, he seems to have be- nothing more than partisan bloodsport. Donald Trump accountable, and they lieved he was doing something that was si- We must do better. Our kids deserve bet- will be emboldened to abuse their multaneously good for America, and good for ter. Most of the restoration and healing will power knowing there will be no con- himself politically—namely, reinforcing the happen far from Washington, of course. But sequence. legitimacy of his 2016 victory. It is worth re- this week, senators have an important role: Donald Trump knows all this better membering that that phone call occurred Get out of the way, and allow the American than anybody. He may not acknowl- just days after Robert Mueller’s two-year in- people to render their verdict on election edge that we have two systems of jus- vestigation into the 2016 election concluded day. that ‘‘the investigation did not establish tice, but he knows the institutions in Mr. SASSE. Thank you. this country, be it the courts or the that members of the Trump Campaign con- The PRESIDING OFFICER (Mr. spired or coordinated with the Russian gov- Senate, are set up to protect powerful SASSE). The Senator from California. ernment in its election interference activi- people like him. He told us as much ties.’’ Ms. HARRIS. Mr. President, when when, regarding the sexual assault of This is not a blanket excuse, of course. the Framers wrote the Constitution, women, he said, ‘‘When you’re a star, Some of the president’s lawyers have admit- they didn’t think someone like me they let you do it. You can do any- ted that the way the administration con- would serve as a U.S. Senator, but they thing.’’ He said that article II of the ducted policymaking toward Ukraine was did envision someone like Donald U.S. Constitution gives him, as Presi- wrong. I agree. The call with Zelensky was Trump being President of the United certainly not ‘‘perfect,’’ and the president’s dent, the right to do whatever he States, someone who thinks he is above wants. defense was made weaker by staking out the law and that rules don’t apply to that unrepentant position. Trump has shown us through his Moreover, Giuliani’s off-the-books foreign him. So they made sure our democracy words and actions that he thinks he is policy-making is unacceptable, and his role had the tool of impeachment to stop above the law. And when the American in walking the president into this airplane that kind of abuse of power. people see the President acting as propeller is underappreciated: His The House managers have clearly though he is above the law, it under- Crowdstrike theory was a bonkers attempt laid out a compelling case and evidence standably leaves them feeling distrust- not only to validate Trump’s 2016 election, of Donald Trump’s misconduct. They ful of our system of justice, distrustful and to flip the media’s narrative of Russian have shown that the President of the of our democracy. When the U.S. Sen- interference, but also to embarrass a possible United States of America withheld opponent. One certainty from this episode is ate refuses to hold him accountable, it that America’s Mayor shouldn’t be any military aid and a coveted White House reinforces that loss of trust in our sys- president’s lawyer. It’s time for the presi- meeting for his political gain. He want- tem. dent and adults on his team to usher Rudy ed a foreign country to announce—not Now, I am under no illusion that this off the stage—and to ensure that we do not actually conduct, announce—an inves- body is poised to hold this President normalize rogue foreign policy conducted by tigation into his political rivals. Then accountable, but despite the conduct of political operatives with murky financial in- he refused to comply with congres- the U.S. Senate in this impeachment terests. sional investigations into his mis- trial, the American people must con- There is no need to hear from any 18th im- conduct. Unfortunately, a majority of peachment witness, beyond the 17 whose tes- tinue to strive toward the more perfect timony the Senate reviewed, to confirm facts U.S. Senators, even those who concede Union that our Constitution promises. we already know. Even if one concedes that that what Donald Trump did was It is going to take all of us—in every John Bolton’s entire testimony would sup- wrong, are nonetheless going to refuse State, every town, everywhere—to con- port Adam Schiff’s argument, this doesn’t to hold him accountable. tinue fighting for the best of who we

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.010 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S883 are as a country. We each have an im- this lawless President and remove him personal and political interests with portant role to play in fighting for from office, and I urge my colleagues the national security and diplomatic those words inscribed on the U.S. Su- to join me on the right side of history. interests of our country. preme Court building: ‘‘Equal Justice I yield the floor. And then, as President Zelensky re- Under Law.’’ The PRESIDING OFFICER. The Sen- sisted the request that he concoct and Frederick Douglass, who I, like ator from New Hampshire. announce a fake investigation into the many, consider to be one of the Found- Ms. HASSAN. Mr. President, consid- Bidens, the President and Mr. Giuliani ers of our Nation, wrote that ‘‘the ering whether to convict a President of increased the pressure. Suddenly, and whole history of the progress of human the United States on Articles of Im- without explanation or a legally re- liberty shows that all concessions yet peachment is a solemn and consequen- quired notification to Congress, the made to her august claims have been tial duty, and I do not take it lightly. President ordered that previously ap- born of earnest struggle.’’ Even before we had a country, our proved and critically needed military The impeachment of Donald Trump Founders put forward the notion of aid to Ukraine be held up. has been one of those earnest struggles ‘‘country first,’’ pledging in the Dec- Mr. Trump, at first through Mr. for liberty, and this fight, like so many laration of Independence their lives, Giuliani, and then directly, solicited before it, has been a fight against tyr- fortunes, and sacred honor—a pledge interference with an American election anny. This struggle has not been an they made to an idea, imagining and from a foreign government. And he or- easy one, and it has left too many peo- hoping for a country where no one was dered others in his administration to ple across our Nation feeling cynical. above the law, where no one had abso- work with Mr. Giuliani to ensure this For too many people, this trial con- lute power. scheme’s success. firmed something they have always My dad, a World War II veteran, and While there is still more evidence known, that the real power in this my mom raised me to understand that that the Senate should have subpoe- country lies not with them but with this is what made our country the naed both witnesses and documents just a few people who advance their unique and indispensable democracy that would have given us a more com- own interests at the expense of others’ that it is. plete understanding of what happened, needs. For many, the injustice in this My obligation throughout this proc- we know as much as we do because of trial is yet another example of the way ess has been to listen carefully to the the courage and strength of American that our system of justice has worked case that the House managers put for- patriots who put country before self— or, more accurately, failed to work. ward and the defenses asserted by the patriots like the intelligence commu- But here is the thing. Frederick President’s lawyers, and then to care- nity whistleblower, who was followed Douglass also told us that ‘‘if there is fully consider the constitutional basis by Army Lieutenant Colonel Vindman, no struggle, there is no progress.’’ He for impeachment, the intent of our and former U.S. Ambassadors to went on to say: ‘‘Power concedes noth- Founders, and the facts. Ukraine Marie Yovanovitch and Wil- ing without a demand.’’ And he said: That is what I have done over the liam Taylor, as well as current mem- ‘‘It never did, and it never will.’’ past few days. The Senate heard exten- bers of the administration. In order to wrestle power away from sive presentations from both sides and These Americans who came forward the few people at the very top who answers to the almost 200 questions were doing exactly what we always ask abuse their power, the American people that Senators posed to the House man- of citizens: If you see something wrong, are going to have to fight for the voice agers and the President’s advocates. you need to speak up; ‘‘See something, of the people and the power of the peo- The facts clearly showed that Presi- say something.’’ It is a fundamental ple. We must go into the darkness to dent Trump abused the public’s sacred part of citizenship to alert each other shine a light, and we cannot be de- trust by using taxpayer dollars to ex- to danger, to act for the greater good, terred and we cannot be overwhelmed tort a foreign government into pro- to care about each other and our coun- and we cannot ever give up on our viding misinformation about a feared try without regard to political party. country. political opponent. When Americans step forward, some- We cannot ever give up on the ideals Let me repeat that. The President of times at real risk to themselves, they that are the foundation for our system the United States used taxpayer money rightly expect that their government of democracy. We can never give up on that had been authorized, obligated, will take the information they provide the meaning of true justice. And it is and cleared for delivery as critical and act to make them safer, to protect part of our history, our past, clearly, military aid to Ukraine to try to force their fundamental rights. That is the our present, and our future that, in that country to interfere in our elec- understanding between the American order to make these values real, in tions. He violated the law and the pub- people and their representative govern- order to make the promise of our coun- lic trust. And he put our national secu- ment. try real, we can never take it for grant- rity, and the lives of the Ukrainian sol- While the brave women and men who ed. diers on the frontlines of Russian ag- appeared before the House did their There will be moments in time, in gression at risk. jobs, the Senate, under this majority, history, where we experience incredible Although the country was alerted to has unfortunately not. Rather than disappointment, but the greatest dis- the possibility that the President had gathering full, relevant testimony appointment of all will be if we give crossed a critical line because of rev- under oath and with the benefit of up. We cannot ever give up fighting for elations about his now-infamous July cross-examination, the Senate major- who we know we are, and we must al- 25 phone call, it is not the phone call ity has apparently decided that despite ways see who we can be, unburdened by alone that led to the President’s im- what it has heard, it is not interested who we have been. That is the strength peachment. Instead, the phone call was in learning more; not interested in of our Nation. a pivotal point in a scheme that had learning more about how a President, So, after the Senate votes today, started earlier, spearheaded by Presi- his personal agent, and members of his Donald Trump will want the American dent Trump’s personal lawyer Rudy administration corrupted our foreign people to feel cynical. He will want us Giuliani. policy and put our Nation’s security at not to care. He will want us to think Mr. Giuliani has acknowledged that risk; not interested in learning more that he is all powerful and we have no he was doing the President’s personal about how they planned to use the power, but we are not going to let him and political bidding when he engaged power of his office to tilt the scales of get away with that. with the Ukrainian government. the next election to ensure that he We are not going to give him what he As the newly elected anti-corruption stays in power; not interested in learn- wants because the true power and po- Ukrainian Government came into ing more about how they worked to tential of the United States of America power, in need of recognition and sup- cover it up. resides not with the President but with port from the United States, President Increasingly, over the last few days, the people—all the people. Trump forced officials from Ukraine the President’s defense team and more So, in our long struggle for justice, I and the United States to negotiate and more of my colleagues in the Sen- will do my part by voting to convict through Mr. Giuliani, conflating his ate have acknowledged the facts of the

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While so many were arguing In keeping with my oath as Senator has shifted from ‘‘He didn’t do it’’ to over whether or not the Speaker of the and my oath to do impartial justice, I ‘‘He had a right to,’’ to ‘‘He won’t do it House should send Articles of Impeach- resolved that throughout this process, again,’’ or even ‘‘It doesn’t really mat- ment to the Senate, I was struggling I would keep an open mind, to consider ter.’’ with watching him slip away, while the evidence without regard to polit- I disagree so strongly. only occasionally trying to weigh in ical affiliation, and to hear all of the The idea that in our country, estab- with my voice to be heard about the evidence before making a final decision lished by the very rejection of a mon- need for witnesses in the upcoming im- on either charge against the President. archy, the President has absolute peachment trial. My dad was a great I believe that my votes later today will power is absurd, as is the idea that this man, a loving husband, father, grand- reflect that commitment. President, whose conduct is ultimately father, and great-grandfather who did With the eyes of history upon us, I the cause of this entire process, will his best to instill in me the values of am acutely aware of the precedents suddenly stop. President Trump con- right and wrong as I grew up in Fair- that this impeachment trial will set for tinues to invite foreign powers to field, AL. He was also a fierce patriot future Presidencies and Congresses. interfere with our elections, maintain- who loved this country. Although, for- Unfortunately, I do not believe that ing to this day that ‘‘it was a perfect tunately, he was never called on to do those precedents are good ones. I am call.’’ so, I firmly believe he would have particularly concerned that we have Our Founders knew that all people, placed his country even above his fam- now set a precedent that the Senate all leaders, are fallible human beings. ily because he knew and understood does not have to go forward with wit- And they knew that our system of fully what America and the freedoms nesses or review documents, even when checks and balances could survive and liberties that come with her mean those witnesses have firsthand information and the documents would allow some level of human frailty, even in as to everyone in this great country and, us to test not just the credibility of important an office as the Presidency. significantly, to people around the witnesses but also test the words of The one thing that they feared it world. counsel of both parties. could not survive was a President who I know he would have put his country would put self-interest before the inter- It is my firm belief that the Amer- before any allegiance to any political ican people deserve more. In short, wit- ests of the American people or who party or even to any President. He was didn’t understand the difference be- nesses and documents would provide on the younger side of that ‘‘greatest the Senate and the American people tween the two. As citizen-in-chief, and generation’’ who joined the Navy at one wielding enormous power, Presi- with a more complete picture of the age 17 to serve our great military. That truth. I believe the American people dents must put country first. service and love of country shaped him Our Founders knew that we needed a deserve nothing less. into the man of principle that he was, That is not to say, however, that mechanism to hold Presidents account- instilling in me those same principles. there is not sufficient evidence in able for behavior that violated that In thinking of him, his patriotism, his which to render a judgment. There is. basic understanding and that would principles, and how he raised me, I am As a trial lawyer, I once explained this threaten our democracy. And they pro- reminded of Robert Kennedy’s words process to a jury as like putting to- vided a mechanism for removal outside that were mentioned in this trial: gether the pieces of a puzzle. When you of the election process because of the Few men are willing to brave the dis- open the box and spread all the pieces immense damage a President could do approval of their fellows, the censure of their on the table, it is just an incoherent in the time between elections—dam- colleagues, the wrath of their society. Moral jumble. But one by one, you hold those age, in the case of this President’s con- courage is a rarer commodity than bravery pieces up, and you hold them next to tinuing behavior, to our national secu- in battle or great intelligence. Yet it is the one essential, vital quality for those who each other and see what fits and what rity and election integrity. doesn’t. Even if, as was often the case Our Founders believed that they were seek to change a world that yields most painfully to change. in my house growing up, you are miss- establishing a country that would be ing a few pieces—even important unique in the history of humankind, a Candidly, to my colleagues on both sides of the aisle, I fear that moral ones—you more often than not see the country that would be indispensable, picture. courage, country before party is a rare built on the rule of law, not the whims As I have said many times, I believe commodity these days. We can write of a ruler. Generation after generation the American people deserve to see a of Americans have fought for that vi- about it and talk about it in speeches completed puzzle, a picture with all of sion because of what it has meant to and in the media, but it is harder to the pieces—pieces in the form of docu- our individual and collective success put into action when political careers ments and witnesses with relevant, and to the progress of humankind may be on the line. Nowhere is the di- firsthand information, which would worldwide. lemma more difficult than in an im- have provided valuable context, cor- That is the America that I have peachment of the President of the roboration, or contradiction to that sworn an oath to protect. I will vote in United States. Very early on in this which we have heard. But even with favor of both Articles of Impeachment process, I implored my colleagues on missing pieces, our common sense and because the President’s conduct re- both sides of the aisle, in both Houses life’s experiences allow us to see the quires it, Congress’s responsibility as a of Congress, to stay out of their polit- picture as it comes into full view. coequal branch of government requires ical and partisan corners. Many did, Throughout the trial, one piece of it, and the very foundation and secu- but so many did not. Even the media evidence continued to stand out for me. rity of our American idea requires it. continually view this entire process It was the President’s statement that I yield the floor. through partisan, political eyes and under the Constitution, ‘‘we have Arti- The PRESIDING OFFICER. The Sen- how it may or may not affect an elec- cle II, and I can do anything I want.’’ ator from Alabama. tion. That is unfortunate. The country That seems to capture this President’s Mr. JONES. Mr. President, on the deserves better, and we must find a belief about the Presidency; that he day I was sworn in as a United States way to move beyond such partisan di- has unbridled power, unchecked by Senator, I took an oath to protect and vides. Congress or the Judiciary or anyone defend the Constitution. Just last The solemn oaths that I have taken else. That view, dangerous as it is, ex- month, at the beginning of the im- have been my guides during what has plains the President’s actions toward peachment trial, I took a second oath been a difficult time for the country, Ukraine and Congress. to do fair and impartial justice, accord- my State, and for me personally. I did The sum of what we have seen and ing to the same Constitution I swore to not run for the Senate hoping to par- heard is, unfortunately, a picture of a protect. ticipate in the impeachment trial of a President who has abused the great As I took the oath and throughout duly elected President, but I cannot power of his office for personal gain—a the impeachment trial, I couldn’t help and will not shrink from my duty to picture of a President who has placed but think of my father. As many of you defend the Constitution and to do im- his personal interest well above the in- know, I lost my dad over the holiday partial justice. terests of the Nation and, in so doing,

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So when they alerted the White in our election for his personal polit- in history that we face today. House lawyers, the record of the call ical benefit. His actions were more The gravity of this moment, the seri- was immediately placed on a highly than simply inappropriate; they were ousness of the charges, and the impli- classified computer system. And de- an abuse of power. cation for future Presidencies and Con- spite the President claiming that the When I was a lawyer for the Alabama gress have all contributed to the dif- version of the call that was publicly re- Judicial Inquiry Commission, there ficulty at which I arrived at my deci- leased ‘‘is an exact word-for-word tran- was a saying that the chairman of the sion. script of the conversation,’’ we know inquiry commission and one of Ala- I am mindful that I am standing at a from testimony that there are key bama’s great judges, Randall Cole, used desk that once was used by John F. omissions in the document we all read. to say about judges who strayed from Kennedy, who famously wrote ‘‘Pro- Compounding the President’s mis- the canons of ethics. He would say that files in Courage,’’ and there will be so conduct, he then engaged in an ex- the judge ‘‘left his post.’’ many who simply look at what I am tended cover up that appears to be on- Sadly, President Trump left his post doing today and say that it is a profile going to this day. with regard to the withholding of mili- in courage. It is not. It is simply a There is a lot to unravel here, and I tary aid to Ukraine and a White House matter of right and wrong, where doing will provide a more detailed legal ex- visit for the new Ukrainian President, right is not a courageous act; it is sim- planation in the near future. But for and in so doing, he took the great pow- ply following your oath. now, let me briefly explain my decision ers of the Office of the President of the This has been a divisive time for our and outline my thoughts on the Sen- United States with him. Impeachment country, but I think it has nonetheless ate’s impeachment proceedings and the is the only check on such Presidential been an important constitutional proc- disturbing precedents I fear will be set wrongdoing. ess for us to follow. As this chapter of when the majority chooses to side with The second article of impeachment, history draws to a close, one thing is the President over the Constitution’s obstruction of Congress, gave me more clear to me. As I have said before, our checks and balances. pause. I have struggled to understand country deserves better than this. The House of Representatives voted the House’s strategy in their failure to They deserve better from the Presi- to impeach the President for abuse of fully pursue documents and witnesses dent, and they deserve better from the power and obstruction of Congress. and wished that they had done more. Congress. We must find a way to come Based on the uncontested evidence, I However, after careful consideration of together, to set aside partisan dif- concur. the evidence developed in the hearings, ferences, and to focus on what we have It is clear that President Trump and the public disclosures, the legal prece- in common as Americans. others, such as Mr. Giuliani, who was dents, and the trial, I believe that the While so much is going in our favor serving as the President’s lawyer, at- President deliberately and unconsti- these days, we still face great chal- tempted to coerce the newly elected tutionally obstructed Congress by re- lenges, both domestically and inter- President of Ukraine to announce two fusing to cooperate with the investiga- nationally. But it remains my firm be- sham investigations, including one tion in any way. While I am sensitive lief that united we can conquer them that sought to directly damage Presi- to protecting the privileges and immu- and remain the greatest hope for the dent Trump’s rival in the upcoming nities afforded to the President and his people around the world. election. The President’s actions advisers, I believe it is critical to our I yield the floor. constitutional structure that we also The PRESIDING OFFICER. The Sen- served his personal and political needs, protect the authorities of the Congress ator from Rhode Island. not those of our country. His efforts to of the United States. Here it was clear Mr. REED. Mr. President, today the withhold military aid to Ukraine for from the outset that the President had Senate is called upon to uphold our his own personal benefit undermined no intention whatsoever of accommo- oath of office and our duty to the Con- our national security. dating Congress when he blocked both stitution because President Trump The second article of impeachment witnesses and documents from being failed to do so himself. charges the President with obstruction produced. In addition, he engaged in a After listening closely to the im- of Congress for blocking testimony and course of conduct to threaten potential peachment managers and the Presi- refusing to provide documents in re- witnesses and smear the reputations of dent’s defense team, weighing the evi- sponse to House subpoenas in the im- the civil servants who did come for- dence that was presented to us, and peachment inquiry. Again, the House ward and provide testimony. being denied the opportunity to see rel- managers produced overwhelming evi- The President’s actions demonstrate evant documents and hear from first- dence of the President’s obstruction a belief that he is above the law, that hand witnesses, I will vote to find and his efforts to cover up his malfea- Congress has no power whatsoever in President Trump guilty on both Arti- sance. questioning or examining his actions, cles of Impeachment. The President’s counsel offered a and that all who do so, do so at their I take no pleasure in voting to im- number of unpersuasive arguments peril. That belief, unprecedented in the peach a President and remove him against this article, which fail to over- history of this country, simply must from office. I agree with those who say come the following: first, that the leg- not be permitted to stand. To do other- that impeachment should be rare and islative branch has sole power over im- wise risks guaranteeing that no future American voters should decide our peachment under the Constitution. whistleblower or witness will ever elections. That is why it is so galling That could not be more clear; second, come forward, and no future President, that President Trump blatantly solic- past precedents of prior administra- Republican or Democrat, will be sub- ited foreign interference in our demo- tions and court rulings; and third, the ject to congressional oversight as man- cratic process. And he did it as he blatant October 8 letter expressing a dated by the Constitution even when geared up for reelection. complete rejection of the House’s im- the President has so clearly abused his The evidence shows President Trump peachment proceedings. office and violated the public trust. deliberately and illicitly sought for- The Constitution grants the execu- Accordingly, I will vote to convict eign help to manufacture a scandal tive branch significant power, but as the President on both Articles of Im- that would elevate him by tarnishing a every student in America learns, our peachment. In doing so, I am mindful political rival. system is one of checks and balances so that in a democracy there is nothing He attempted to undermine our de- that no branch is entirely unfettered more sacred than the right to vote and mocracy, using U.S. taxpayer money in from oversight and the law.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.027 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S886 CONGRESSIONAL RECORD — SENATE February 5, 2020 President Trump would have us be- the Senate has been voluntarily weak- matter: Trump abused his power when lieve this system of checks and bal- ened, and our oversight powers se- he secretly withheld security aid and a ances is wrong. In President Trump’s verely diminished. White House meeting to try to force own words, he expressed the misguided This short-term maneuver to shield Ukraine to announce investigations imperial belief in the supremacy of his President Trump from the truth is a into a political rival in order to help unchecked power, stating, quote: ‘‘I severe blow against good government him swing November’s election. He put have an Article II, where I have the that will do lasting damage to this in- his political self-interest ahead of our right to do whatever I want as Presi- stitution and our democracy. I hope national security. He smeared the dent.’’ one day the damage can be repaired. name of an American Ambassador, Couple this sentiment with his Janu- The arc of history is indeed long, and even seemingly risking her safety be- ary 2016 boast that, quote: ‘‘I could it does bend toward justice—but not cause she was simply too principled to stand in the middle of Fifth Avenue today. Today, the Senate and the further his corruption, because she was and shoot somebody and I wouldn’t American people have been denied ac- too clean to help him strong-arm lose voters.’’ That paints a chilling pic- cess to relevant, available evidence and Ukraine into that favor he demanded. ture of someone who clearly believes, firsthand witnesses. We have been pro- When the reports first emerged about incorrectly, that he is above the law. hibited from considering new, material what he had done, he denied it. Then The President’s attorneys have hewn information that became available his explanation changed to: Well, to this line of faulty reasoning and, in after the House’s impeachment vote. maybe I did do it, but it was only be- one notably preposterous effort, even The Constitution is our national cause I was trying to root out corrup- claimed the President could avoid im- compass. But at this critical moment, tion. peachment for an inappropriate action clouded by the fog of President If that were true, there would be motivated entirely by his own political Trump’s misconduct, the Senate ma- some documentary record to prove and personal interests. jority has lost its way, and is no longer that, and we have seen absolutely The President’s defense also failed to guided by the Constitution. In order to none, even after I asked for it during sufficiently demonstrate that the regain our moral bearings, stay true to the questioning period. President’s blanket defiance of sub- our core values, and navigate a better Now his defense team has gone so far poenas and document requests over- path forward, we must hold President as to claim that, well, it doesn’t mat- comes the precedents established in Trump accountable. ter if he did it because he is the Presi- prior impeachment proceedings and the The President was wrong to invite dent, and the President can do any- record of congressional oversight of the foreign interference in our democracy. thing he wants if it will help him get executive branch. He was wrong to try and stonewall the reelected. Breathtaking. To put it an- In the Clinton impeachment, there investigation. And he is wrong if he other way, when he got caught, he lied. was an enormous amount of documen- thinks he is above the law. Then, when that lie was found out, he tary evidence, as well as sworn deposi- I yield the floor. lied again, then again, then again. tions and testimony by the President The PRESIDING OFFICER. The Sen- Along the way, his own defense coun- and his closest advisers. ator from Illinois. sel could not papier-mache together In the cases of United States v. Ms. DUCKWORTH. Mr. President, even the most basic argument to actu- Nixon, House Judiciary Committee v. from the first words in the Constitu- ally exonerate him. The best case they Miers, and others, the House managers tion, the weight that lies on every could muster boiled down to: When the rightly point out that the courts have American’s shoulders has been clear: President does it, it is not illegal. held ‘‘Congress’s power to investigate We the people are the ones who Nixon already tried that defense. It did is as broad as its power to legislate and dreamed up this wild experiment that not work then, and it does not work lies at the heart of Congress’s constitu- we call America, and we the people are now because—here is the thing—in tional role.’’ the ones charged with ensuring its sur- America, we believe not in rulers but While President Trump’s impeach- vival. in the rule of law. ment lawyers claim the House should That is the tension—the push and the Through all we have seen over the take the President to court over these pull—behind our democracy because, past few months, the truth has never previously settled issues, President while there is no greater privilege than changed. It is what National Security Trump’s lawyers at the Justice Depart- living in a country whose Constitution Council officials and decades-long dip- ment are simultaneously arguing in guarantees our rights, there is no lomats testified to under oath. It is the courts that the judicial branch can- greater burden than knowing that our what foreign policy experts and Trump not even rule on such matters. actions could sap that very same Con- administration staffers—and, yes, an As President Trump staked out new, stitution of its power; that our inac- American warrior with a Purple expansive, and aggressive positions tion risks allowing it to wither like Heart—have raised their right hands to about executive privilege, immunity, any other piece of parchment from tell us, time after time, since the and the limits of Congress’s oversight some bygone era. House hearings had begun. authority, Republican leaders went For the past few weeks, it has been Even some of my Republican col- along with it. my sworn duty as a U.S. Senator to sit leagues have admitted that Trump I have heard a variety of expla- as an impartial juror in the impeach- ‘‘cross[ed] a line.’’ Some said it as re- nations for why my Republican col- ment trial of Donald J. Trump. While I cently as this weekend, but many more leagues voted against witnesses. But no wish the President had not put our Na- said months ago that, if Trump did do one has offered the simplest expla- tion in this position, after having lis- what he is accused of, then it would, nation: My Republican colleagues did tened closely with an open mind to indeed, be wrong. Well, it is now obvi- not want to hear new evidence because both sides, it is now my duty as an ous that those allegations were true, they have a hunch it would be really, American to vote on whether to re- and it is pretty clear that Trump’s de- really bad for this President. It would move him from office. Other than send- fense team knows that also. If they ac- further expose the depth of his wrong- ing our troops into harm’s way, I can- tually believe Trump did nothing doing. And it would make it harder for not think of a more serious, more som- wrong—that his call was ‘‘perfect’’— them to vote to acquit. ber vote to take in this Chamber, but then why would they fight so hard to My colleagues on the other side of as sobering as it is, the right path for- block the witnesses and the documents the aisle did not ask to be put in this ward is clear. from coming to light that could exon- position. President Trump’s mis- Throughout this trial, we have seen erate him? The only reason they would conduct forced it on them. But in the unprecedented obstruction from the have done so is if they had known that partisan rush to spare President Trump Trump administration—obstruction so he was guilty. The only reason for one from having his staff and former staff flagrant that it makes Nixon, when in to vote to acquit Trump today is if one publicly testify against him under the thick of Watergate, look like the is OK with his trying to cover it up. oath, a bar has been lowered, a con- model of transparency. Yet the facts Now, I know that some folks have stitutional guardrail has been removed, uncovered still prove the truth of the been saying that we should acquit

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.028 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S887 him—that we should ignore our con- morally difficult vote for any of us be- through this process unless something stitutional duty and leave him in of- cause, while I know that voting to ac- was compelling, unless something was fice—because we are in an election quit would make the lives of some of overwhelming, unless something was year and that the voters should decide my colleagues simpler come election bipartisan. I think the Speaker was ex- his fate. That is an argument that day, I also know that America would actly right then, and I hope all future rings hollow because this trial was have never been born if the heroes of Speakers look at that guidance as we about Trump’s trying to cheat in the centuries past made decisions based on think about this process of impeach- next election and rob the voters of political expediency. ment. their ability to decide. Any action It would have been easier to have In the first 180 years of the Constitu- other than voting to remove him would kept bowing down to King George III tion, individual Members talked about give him the license and the power to than to have pushed 342 chests of tea impeachment of Presidents—maybe of keep tampering with that race, to keep into the Boston Harbor, and it would almost every President—but the Con- trying to turn that election into as have been easier to have kept paying gress only seriously touched this topic much of a sham as an impeachment taxes to the Crown than to have waged one time—one time in 180 years. trial without witnesses. a revolution. Yet those patriots knew In the last 46 years, Presidential im- You know, I spent 23 years in the the importance of rejecting what was peachment has been before the country military, and one of the most critical easy if it were in conflict with what three times, and each case has been lessons anyone who serves learns is of was right. They knew that the courage less compelling than the one before it. the damage that can be done when of just a few could change history. We don’t want partisan impeachment troops don’t oppose illegal orders, when So, when it is time to vote this after- to become an exercise that happens fealty becomes blind and ignorance be- noon, we cannot think of political con- when one party—not the party of the comes intentional. Just as it is the venience. If we say abuse of power President—happens to have a majority duty of military officers to oppose un- doesn’t warrant removal from office of the votes in the House of Represent- lawful orders, it is the responsibility of today, we will be paving the way for fu- atives. public servants to hold those in power ture Presidents to do even worse to- Impeachment is fundamentally a po- accountable. morrow—to keep breaking the law and litical process. The Members of the Former NSC official Fiona Hill un- to keep endangering our country—one Senate meet no standards for a regular derstood that when she testified before ‘‘perfect’’ call, one ‘‘favor,’’ one high jury. The jury can override the judge. Congress because she knew that poli- crime and misdemeanor at a time. Two-thirds of the Senate is necessary tics must never eclipse national secu- Time and again, over these past few to remove the President. We really rity. months, we have heard one story about have no better term in the Constitu- Ambassador Bill Taylor understood our Founders, perhaps, more than any tion, I suppose, to use than ‘‘trial,’’ but that as well. The veteran who has other. It was the time when Benjamin in any classic sense, this isn’t a trial. served in every administration since Franklin walked out of Independence In any classic sense, a partisan im- Reagan’s answered the question that is Hall after the Constitutional Conven- peachment isn’t any kind of a real in- at the heart of the impeachment in- tion and someone asked: ‘‘What have dictment. quiry. He said under oath that, yes, we got—a republic or a monarchy?’’ Maybe, first and foremost, the House there was a ‘‘clear understanding’’ of a We all know what he said: ‘‘A Repub- has to do its job. Part of that job would quid pro quo—exactly the sort of abuse lic if you can keep it.’’ be to create a case that would produce of power no President should be al- Keeping it may very well come down a bipartisan vote on the articles in the lowed to get away with. to the 100 of us in this very Chamber. House. If you haven’t met that stand- LTC Alexander Vindman—the Purple We are the ones the Constitution vests ard—going back to the Speaker’s Heart recipient who dedicated decades with the power to hold the President standard—you should work on the case of his life to our Armed Forces—under- accountable, and through our actions, some more and then wonder, if you stood the lessons of the past, too, in his we are the ones who vest the Constitu- can’t meet the standard, what is wrong saying that, here in America, right tion with its power. with the process you are going matters. In this moment, let’s think not just through. Part of that job is to do ev- My colleagues in this Chamber who of today but of tomorrow too. In this erything necessary to have Articles of have attacked Lieutenant Colonel moment, let’s remember that, here, Impeachment that are compelling and Vindman or who have provided a plat- right matters; truth matters. The complete. form for others to tear him down just truth is that Donald Trump is guilty of The House has time available to it to for his doing what he believes is right these Articles of Impeachment. I will consider impeachment as they go about should be ashamed of themselves. vote to do the right thing, and I hope their essential work. They can con- We should all be aware of the exam- my colleagues will as well. For the tinue to do the work of the Congress. ple we set and always seek to elevate sake of tomorrow and the tomorrow They have weeks, months, if they the national discourse. We should be after that, we must. choose to have, even maybe years to thoughtful about our own conduct both I yield the floor. put a case together. They can call wit- in terms of respecting the rule of law I suggest the absence of a quorum. nesses. They can go to court to seek and the sacrifices our troops make to The PRESIDING OFFICER. The testimony. They can determine if this keep us safe because, at the end of the clerk will call the roll. is an impeachment question or just an day, our Constitution is really just a The legislative clerk proceeded to oversight question. set of rules on some pieces of paper. It call the roll. The House can do lots of things, but is only as strong as our will to uphold Mr. BLUNT. Mr. President, I ask once the Senate gets the Articles of its ideals and hold up the scales of jus- unanimous consent that the order for Presidential Impeachment, they be- tice. the quorum call be rescinded. come for the Senate an absolute pri- So I am asking each of us today to The PRESIDING OFFICER (Mr. ority. Both our rules and reality mean muster up just an ounce of the courage LANKFORD). Without objection, it is so we cannot do anything else, realisti- shown by Fiona Hill, Ambassador Tay- ordered. cally, until we are done dealing with lor, and Lieutenant Colonel Vindman. Mr. BLUNT. Mr. President, later the case the House sent over. When our names are called from the today I will vote to acquit the Presi- That was fundamentally what was so dais in a few hours, each of us will ei- dent on the charges of the two Articles wrong with the House sending over a ther pass or fail the most elementary, of Impeachment. A not-guilty verdict, case that they said needed more work. yet most important, test any elected as every Senator on this floor has If it needed more work, it should have official will ever take—whether to put known for some time, was always what had more work. country over party or party over coun- would happen in a House-driven, par- You can be for strong review of the try. tisan impeachment process. executive. You can be for strong con- It may be a politically difficult vote Less than a year ago, the Speaker of gressional oversight and still support for some of us, but it should not be a the House said that we should not go the idea of executive privilege. The

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.021 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S888 CONGRESSIONAL RECORD — SENATE February 5, 2020 President has the right to unfettered two weakest Articles of Impeachment ally are few and defined—few and de- advice and to know all the options. In possible. Presidents since Washington fined powers, the Federal Government; fact, I think when you pierce that have been accused by some Members of numerous and indefinite reserved for right, you begin to have advisers who Congress of abuse of power. Presidents the States. may not want to give all the options to since Washington have been accused by The horizontal protection operates the President because it might appear some Members of Congress of failure to within the Federal Government itself, they were for all the options. But the cooperate with the Congress. and it acknowledges that we have three President’s advisers need to see that The House managers argued against coequal, independent branches within the President understands all the op- their own case. They repeatedly con- the Federal Government: one that tions and implications of a decision. tended that they had made their case makes the laws, one that executes the The President, by the way—another completely, they had made their case laws, and one that interprets the laws topic that came up here several times— totally, they had made their case in- when people can’t come to an agree- the President determines executive controvertibly, but they wanted us to ment and have an active, live dispute policy. The staff, the assistants, and call witnesses they had chosen not to as to the meaning of a particular law whoever else works in the executive call. They said they had already been in a particular case or controversy. branch doesn’t determine executive in court 9 months to get the Presi- Sadly, we have drifted steadily, ag- policy; the President determines execu- dent’s former White House Counsel to gressively from both of these principles tive policy. The staff can put all the testify and weren’t done yet, but some- over the last 80 years. For roughly the notes in front of the President they how they thought the Senate could get first 150 years of the founding of our want to, but it is the President’s deci- that person and others in a matter of Republic and of the operation of our sion what the policy of the administra- days. constitutional structure, we adhered tion will be. Sharing that decision with These arguments have been and pretty closely to them, but over the the Congress, sharing how he got to should have been rejected by the Sen- last 80 years or so, we have drifted that point—or later, she got to that ate. steadily. This has been a bipartisan point—with that decision is a nego- Today, the Articles of Impeachment problem. It was one that was created tiated balance. should be and will be rejected by the under the broad leadership of Repub- Congress says: We want to know this. Senate. Based on the Speaker’s March licans and Democrats alike and, in The President says: No. I need to comments, these articles should have fact, in Senates and Houses of Rep- have some ability for people to give me never been sent to the Senate. They resentatives and White Houses of every advice that isn’t all available for the were not compelling, they were not conceivable partisan combination. Congress. overwhelming, they were not bipar- We have essentially taken power So this is balanced out, and if that away from the American people in two can’t happen, if that balance can’t be tisan, and most importantly, they were not necessary. steps—first, by moving power from the achieved, the judiciary decides what State and local level and taking it to the balance is. The judiciary decides a One of the lessons we send today is to this House and to future Houses of Rep- Washington, in violation of the vertical question and says: You really must protection we call federalism; and then talk to the Congress about this, but resentatives: Do your job. Take it seri- a second time, moving it away from you don’t have to talk to them about ously. Don’t make it political. the people’s elected lawmakers in the next sentence you said at that I yield the floor. I suggest the absence of a quorum. Washington to unelected, unaccount- same meeting. That is the kind of balance that oc- The PRESIDING OFFICER. The able bureaucrats placed within the ex- curs. clerk will call the roll. ecutive branch of government but who The idea repeatedly advanced by the The bill clerk proceeded to call the are neither elected by the people nor House managers that the Senate, by roll. accountable to anyone who is elect- majority vote, can decide these ques- Mr. LEE. Mr. President, I ask unani- able. Thus, they constitute essentially tions is both outrageous and dan- mous consent that the order for the a fourth branch of government within gerous. quorum call be rescinded. our system, one that is not sanctioned The idea that the government would The PRESIDING OFFICER. Without or contemplated by the Constitution balance itself is, frankly, the miracle objection, it is so ordered. and doesn’t really fit all that well of the Constitution. Nobody had ever Mr. LEE. Mr. President, I have long within its framework. proposed, until Philadelphia in 1787, maintained that most, if not all, of the This has made the Federal Govern- one, that the basis for government was most serious and vexing problems with- ment bigger and more powerful. It has the people themselves, and two, you in our Federal Government can be occurred in a way that has made people could have a government that was so traced to a deviation from the twin less powerful. It has made government finely balanced that it would operate core structural protections of the Con- in general and in particular, this gov- and maintain itself over time. stitution. ernment, the Federal Government, less The House managers would really There are two of these protections— responsive to the needs of the people. It upend that balance. By being unwilling one that operates along a vertical axis; has been fundamentally contrary to to take the time the House had to pur- the other, a horizontal. the way our system of government op- sue the constitutional solution, they The vertical protection we call fed- erates. decided: We don’t have to worry about eralism, which states a very simple What, one might ask, does any of this the Constitution to have that solution. fact: that in the American system of have to do with impeachment? Well, in To charge that the President’s asser- government, most power is to be re- my opinion, everything—or at least a tion of article II rights that go back to served to the States respectively, or lot. This distance that we have created Washington is one of the actual Arti- the people, where it is exercised at the in these two steps—moving power from cles of Impeachment—that is dan- State and local level. It is only those the people to Washington and within gerous. powers enumerated in the Constitu- Washington, handing it to unelected The legislative branch cannot also be tion, either in article I, section 8 or lawmakers or unelected bureaucrats— the judicial branch. The legislative elsewhere, that are made Federal, has created an amount of anxiety branch can’t also decide ‘‘here is the those things that the Founding Fathers among the American people. Not all of balance’’ if the executive and legisla- appropriately deemed unavoidably, them necessarily recognize it in the tive branch are in a fight about what necessarily national or that we have same way that I do or describe it with should be disclosed and what shouldn’t. otherwise rendered national through a the same words, but they know some- You can’t continue to have the three subsequent constitutional amendment. thing is not right. They know it when balances of power in our government if As was the case when James Madison their Federal Government requires one of the branches can decide what wrote Federalist No. 45, the powers re- them to work many months out of the legislative branch should decide. served to the States are numerous and every year just to pay their Federal In their haste to put this case to- indefinite, while those that are given taxes, only to be told later that it is gether, the House sent the Senate the to the Congress to be exercised feder- not enough and hasn’t been enough for

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.024 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S889 a long time since we have accumulated U.S. aid to Ukraine while seeking a The Vice President’s duties, I would $22 to $23 trillion in debt, and when commitment from the then newly add, are relatively limited. Constitu- they come to understand that the Fed- elected Ukrainian President, tionally speaking, the Vice President is eral Government also imposes some $2 Volodymyr Zelensky, regarding that the President of the Senate and thus trillion in regulatory compliance costs effort. He wanted to make sure that he performs a quasi-legislative role, but on the American people. could trust this recently elected Presi- the Vice President’s executive branch This harms the poor and middle dent Zelensky before sending him the duties are entirely bound up with those class. It makes everything we buy aid. Within a few weeks, his concerns of the President’s. They consist of aid- more expensive. It results in dimin- were satisfied, and he released the aid. ing and assisting the President as the ished wages, unemployment, and Pausing briefly before doing so isn’t President may deem necessary and underemployment. On some level, the criminal. It certainly isn’t impeach- standing ready to step into the posi- American people feel this. They experi- able. It is not even wrong. tion of the Presidency should it become ence this. They understand it. It cre- Quite to the contrary, this is exactly necessary as a result of disability, in- ates anxiety. It was that very anxiety the sort of thing the American people capacitation, or death. Barring that, that caused people to want to elect a elected President Trump to do. He the entire executive branch authority different kind of leader in 2016, and would and has decided to bring a dif- is bound up within the Presidency they did. It was this set of cir- ferent paradigm to Washington, one itself. The President is the executive cumstances that caused them to elect that analyzes things from how the branch of government, just as the Jus- Donald J. Trump as the 45th President American citizenry views the American tices who sit across the street them- of the United States, and I am glad Government. selves amount to the capstone of the they did because he promised to change This has in some respects, therefore, judicial branch, just as 100 Senators the way we do things here, and he has been a trial of the Washington, DC, es- and 435 Representatives are the legisla- done that. tablishment itself but not necessarily tive branch. But as someone who has focused in- in the way the House managers appar- The President is the executive tently on the need to reconnect the ently intended. While the House man- branch. As such, it is his prerogative, American people with their system of agers repeatedly invoked constitu- within the confines of what the law al- government, Donald Trump presents tional principles, including separation lows and authorizes and otherwise pro- something of a serious threat to those of powers, their arguments have tended vides, to decide how to execute that. It who have occupied these positions of to prove the point opposite of the one is not only not incompatible with that they intended. power, these individuals who, while system of government, it is entirely Yes, we badly need to restore and hard-working, well-intentioned, well- consistent with it—indeed, authorized protect both federalism and separation educated, and highly specialized, oc- of power, and it is my view that the de- by it. cupy these positions of power within A President should be able to say: viation from one contributes to the de- what we loosely refer to as the execu- Look, we have a newly elected Presi- viation from the other. But here, in tive branch but is in reality an dent in Ukraine. order to do that, we have to respect the We have longstanding allegations of unelected, unaccountable fourth three branches of government for what corruption within Ukraine. Those alle- branch of government. they are, who leads them, how they op- He has bucked them on many, many gations have been well-founded in erate, and who is accountable to whom. levels and has infuriated them as he For them to view President Trump as Ukraine. No one disputes that corrup- has done so, even as he is imple- somehow subservient to the career tion is rampant in Ukraine. A newly elected President comes in. menting the American people’s wishes civil servant bureaucratic class that This President or any President in the to close that gap between the people has tended to manage agencies within and the government that is supposed to the Federal Government, including the future decides: Hey, we are giving a lot serve them. National Security Council, the Depart- of aid to this country—$391 million for He has bucked them on so many lev- ment of Defense, the Office of Manage- the year in question. I want to make els, declining to defer to the opinions ment and Budget, individuals in the sure that I understand how that Presi- of self-proclaimed government experts White House, and individuals within dent operates. I want to establish a re- who claim that they know better than the State Department, among others, lationship of trust before taking a step any of us on a number of levels. is not only mischaracterizing this further with that President. So I am He pushed back on them, for exam- problem, it helps identify the precise going to take my time a little bit. I am ple, when it comes to the Foreign In- source of this problem. going to wait maybe a few weeks in telligence Surveillance Act—or FISA, Many of these people, including some order to make sure we are on a sure as it is sometimes described—when he of the witnesses we have heard from in footing there. insisted that FISA had been abused in this trial, have mistakenly taken the He did that. There is nothing wrong efforts to undermine his candidacy and conclusion that because President with that. infringe on the rights of the American Trump took a conclusion different What is the response from the House people. When he took that position, from that offered by the so-called managers? Well, it gets back to that Washington bureaucrats predictably interagency process, that that amount- interagency process, as if people whom mocked him, but he turned out to be ed to a constitutionally impeachable the American people don’t know or right. act. It did not. It did nothing of the have reason to know because those peo- He called out the folly of engaging in sort. ple don’t stand accountable to the peo- endless nation-building exercises as Quite to the contrary, when you ac- ple—they are not elected by the people; part of a two-decade-long war effort tually look at the Constitution itself, they are not really accountable to any- that has cost this country dearly in it makes clear that the President has one who is in turn elected by the peo- terms of American blood and treasure. the power to do what he did here. The ple—the fact that those people involved Washington bureaucrats mocked him very first section of article II of the in the interagency process might dis- again, but he turned out to be right. Constitution—this is the part of the agree with a foreign policy decision He raised questions with how U.S. Constitution that outlines the Presi- made by the President of the United foreign aid is used and sometimes mis- dent’s authority—makes clear that States and the fact that this President used throughout the world, sometimes ‘‘[t]he executive Power [of the United of the United States might take a dif- to the detriment of the American peo- States Government] shall be vested in ferent approach than his predecessor or ple and the very interests that such aid the President of the United States.’’ predecessors does not make this Presi- was created to alleviate. Washington It is important to remember that dent’s decisions criminal. It certainly bureaucrats mocked him, but he turned there are exactly two Federal officials doesn’t make them impeachable. It out to be right. who were elected within the executive doesn’t even make them wrong. President Trump asked Ukraine to branch of government. One is the Vice In the eyes of many and I believe investigate a Ukrainian energy com- President, and the other is the Presi- most Americans—they want a Presi- pany, Burisma. He momentarily paused dent. dent to be careful about how the

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.025 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S890 CONGRESSIONAL RECORD — SENATE February 5, 2020 United States spends money. They for the elected leaders in this country, I hope my colleagues on both sides of want the United States to stop and re- not the other way around. the aisle join me in voting against consider from time to time the fact So the two Articles of Impeachment these charges. But whether he is ac- that we spend a lot of money through- before this body today, in my view, are quitted or convicted and removed, it is out the world on countries that are not without merit. They are an affront, in my prayer, as we were admonished the United States. We want a President fact, to this institution and to our Con- many times throughout the last few of the United States to be able to exer- stitution, representing the very same weeks by our Chaplain Black, that cise a little bit of discretion in pushing partisan derangement that worried our God’s will is the one that will be done. pause before that President knows Founding Fathers so much that they Then we can move on to the unifying whether he can trust a newly elected made the threshold for impeachment issues the American people want us to government in the country in question. this high. tackle—issues like infrastructure, edu- So to suggest here that our commit- The Senate exists exactly for mo- cation, energy security and dominance, ment to the Constitution; to suggest ments like this. I didn’t arrive at my national security, and the rising cost here, as the House managers have, that conclusion to support acquittal hastily of healthcare, among many others. our respect for the separation of pow- or flippantly, and I don’t believe any of These are issues the American people ers within the constitutional frame- my colleagues did either, including care about. These are issues that North work somehow demands that we re- those who come to a different conclu- Dakotans care about. These are issues move the duly elected President of the sion from mine. Despite being sent that the people have sent us here to United States is simply wrong. It is such flawed Articles by the House, the deal with. Let’s do it together. Let’s elevating to a status completely for- Senate did in fact dutifully and sol- start now. eign to our constitutional structure an emnly follow its constitutional obliga- I yield the floor. tion. During the last days of the trial, entity that the Constitution does not I suggest the absence of a quorum. we heard sworn testimony from 13 wit- name. It elevates a policy dispute to a The PRESIDING OFFICER. The nesses, read 17 depositions, asked 180 question of high crimes and mis- clerk will call the roll. questions, viewed 193 video clips, and demeanors. Those two are not the same The senior assistant legislative clerk poured over 28,000 pages of documents. proceeded to call the roll. thing. But even more than the House man- At the end of the day, this govern- Mrs. HYDE-SMITH. Mr. President, I agers’ shallow arguments and lack of ment does, in fact, stand accountable ask unanimous consent that the order evidence against and due process for for the quorum call be rescinded. to the people. This government is of, our President and the obvious derange- by, and for the people. We cannot re- The PRESIDING OFFICER. Without ment at the very root of every inves- objection, it is so ordered. move the 45th President of the United tigation, beginning with the corrupt States for doing something that the Mrs. HYDE-SMITH. Mr. President, I FBI Crossfire Hurricane counterintel- will vote to acquit President Donald J. law and the Constitution allow him to ligence investigation during the 2016 do without doing undue violence to Trump on both Articles of Impeach- election cycle, the Articles of Impeach- ment presented by House Democrats. I that system of government to which ment we will vote on in a few hours every single one of us has sworn an have listened carefully to the argu- should have ended at their beginning. ments presented by the House Demo- oath. Can we agree that if a Speaker of the cratic managers and the White House We have sworn to uphold and protect House unilaterally declares an im- defense team. Those prosecuting the and defend that system of government. peachment inquiry, it represents the That means standing up for the Amer- opinion of one Member of Congress, not President failed on a legal and con- ican people and those they have elected the official authorization of the entire stitutional basis to produce the evi- to do a job recognized by the Constitu- Congress? Can we agree that a vote to dence required to undertake the very tion. begin an impeachment inquiry that has serious act of removing a duly elected I will be voting to defend this Presi- only partisan support and bipartisan President from this office. dent’s actions. I will be voting against opposition is not what the Founders This trial exposed that pure political undoing the vote taken by the Amer- had in mind and in fact is what they partisanship fueled a reckless inves- ican people some 31⁄2 years ago. I will firmly rejected and cautioned about? tigation and the subsequent impeach- be voting for the principle of freedom Can we agree that impeachment arti- ment of the President on weak, vague, and for the very principles that our cles passed by a majority of one party and noncriminal accusations. The Constitution was designed to protect. and opposed by Members of both par- Democrats’ case, which lacked the I urge all of my colleagues to reject ties on their face fail, if not the letter basic standards of fairness and due these deeply factually and legally of the law, certainly, the spirit of the process, was fabricated to fulfill their flawed Articles of Impeachment and to Constitution? one long-held hope to impeach Presi- vote not guilty. Yet, even under the cloud of purely dent Trump. Mr. President, I yield the floor. partisan politics of the House of Rep- We should all be concerned about the The PRESIDING OFFICER. The Sen- resentatives, the Senate conducted a dangerous precedent and consequences ator from North Dakota. complete, comprehensive trial, result- of convicting any President on charges Mr. CRAMER. Mr. President, I rise ing, in my view, in a crystal clear con- originating from strictly partisan rea- today to officially declare that I will clusion: The Democratic-led House of sons. The Founding Fathers warned vote against both Articles of Impeach- Representatives failed to meet the against allowing impeachment to be- ment brought against President Trump most basic standards of proof and has come a political weapon. In this case, by the very partisan and, quite frank- dramatically lowered the bar for im- House Democrats crossed that line. ly, ridiculous House of Representa- peachment to unacceptable levels. It is Rejecting the abuse of power and ob- tives. I know my position is hardly a deeply concerning, and I believe we struction of Congress articles before us surprise, but it is almost as must commit to never, ever letting it will affirm our belief and the impeach- unsurprising as the House impeaching happen again to the President of any ment standards intended by the Found- the President, to begin with. political party. ers. With my votes to acquit President Since the moment he was sworn into That can start today. In just a few Trump, justice will be served. The Sen- office, Democrats have schemed to re- hours, the Senate will have the oppor- ate has faithfully executed its con- move Donald Trump from office. It is tunity to cast a vote to end this whole stitutional duties to hear and judge the not my opinion. I take them at their ordeal, and, in doing so, can make a charges leveled against the President. word. Their fixation on his removal statement that the threshold for I remain hopeful that we can finally was a conclusion in search of a jus- undoing the will of the American peo- set aside this flawed partisan inves- tification, which they manufactured ple in the most recent election and tigation, prosecution, and persecution from a phone conversation between undoing the will of a major political of President Trump. The people of Mis- world leaders leaked—leaked—by one party in the upcoming election should sissippi and this great Nation are more of the many career bureaucrats who be higher than one party’s petty obses- interested in us getting back to doing seem to have forgotten that they work sion. the work they sent us here to do.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.026 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S891 I yield the floor. have you, but the Constitution is crys- government but, indeed, a very, very The PRESIDING OFFICER. The Sen- tal clear. It gives the House absolute, narrow swath. It was interesting that, ator from Idaho. total, 100-percent control of impeach- from the beginning, they picked the Mr. RISCH. Mr. President, fellow ment; that is, the investigation and the two words of ‘‘treason’’ and ‘‘bribery,’’ Senators, I come today to talk about vote on it. It gives us the same thing and to that they then had a long debate the business at hand. Obviously, it is but on the trial basis. about what it would be in addition to the vote that we are going to take at 4 The thing I think was surprising is that. They had such words as ‘‘malfea- o’clock this afternoon. that they came over here and tried to sance,’’ ‘‘misfeasance,’’ ‘‘corruption,’’ We were subjected to days and days tell us how to do their job. I suspect and all those kinds of things that could of trial here—many witnesses, witness they, in the House, would feel the exact be very broad. They rejected all those statements, and all that sort of thing— same way about it if we went over and said, no, specifically, it had to be and it is incumbent upon us now as ju- there and told them how they should ‘‘high Crimes and Misdemeanors.’’ rors to reach a conclusion, and I have impeach. They came over here and told So what they did was they narrowed done so. us how we should do witnesses and all the lane considerably and made it dif- I come at this with a little bit of a that sort of thing. They had every op- ficult to remove the head of the second different view, probably, than others. I portunity to prepare the case. It was branch of government. And then, on have tried more cases, probably, than totally in their hands. They had as top of that, for frosting on the cake, anyone on the floor, both as a pros- much time as they wanted, and they they said it has got to be two-thirds. ecutor and in private practice. So I simply didn’t do it. So in that respect, Now, what did that simply mean? They watched carefully as the case was pre- I also found that they came short. knew—they knew—that human beings sented to us and how the case had been But the bottom line for me, too, is being the way they are, that human put together by the managers from the that there is a second reason I would beings who were involved in the polit- House. What I learned in the many vote to acquit, and that is the stunning ical process and political parties would years of trial experience that I had is attack that this was on the U.S. Con- reach to get rid of a political enemy that the only way, really, to try a case stitution. This is really the first time using everything they could. So they and to reach where you want to get is in history when a purely political at- wanted to see that that didn’t happen to do it in good faith and to do it hon- tack was instigated by reaching to the estly. with impeachment. So, as a result of U.S. Constitution and using what is I had real trouble right at the begin- that, they gave us the two-thirds re- ning when I saw that the lead manager really a sacred item in that Constitu- quirement, and that meant that no read a transcript purporting to be a tion, a process that the Founding Fa- President was going to be impeached transcript of the President’s phone call thers gave us for good reason, and that without a bipartisan movement. that has been at issue here, and it was is impeachment. This movement has been entirely It was not intended to be used as a falsified. It was falsified knowingly, partisan. No Republican voted to im- political bludgeon. It simply wasn’t. willfully, and intentionally. So, as a re- peach him in the House of Representa- We had in front of us the Federalist Pa- sult of that, when they walked through tives. This afternoon at 4 we are going the door and wanted to present their pers, and we had the debates of the to have a vote, and it is going to be case, there was a strike there already, Constitutional Convention. Really, the along party lines and, again, it is going and I put it in that perspective. one silver lining that came out of this to be political. How the case unfolded after that was was it underscored again for us the ge- So what do we have here? At the end stunning because I have never seen a nius of the Founding Fathers giving us of the day, we have a political exercise, case succeed the way they put the case three branches of government—not just and that political exercise is going to together. They put the case together three branches of government but fail. And once again—once again—God by taking every fact that they wanted three branches of government that had has blessed America, and the Republic to make fly and put it only in the best distinct lanes in which they operated that Benjamin Franklin said we have, light without showing the other side and, most importantly, indicating that if we can keep it, is going to be sus- but more importantly—more impor- they were separate but equal. tained. tantly—intentionally excluding evi- They wanted not a parliamentary I yield the floor. dence. Of course, this whole thing cen- system like they had looked at from The PRESIDING OFFICER (Mrs. tered on witness statements that the Britain with a head of state that was a LOEFFLER). The Senator from Ohio is President had somehow threatened or Prime Minister who could be removed recognized. pressured the President of Ukraine to and changed, as happens all around the Mr. BROWN. Madam President, over do what he was going to do. That sim- world today. They gave us a unique the past 3 weeks, we have heard from ply wasn’t the case. The transcript system with three branches of govern- the House managers and the Presi- didn’t say that. ment. dent’s counsel regarding the facts of Now, admittedly, they had a witness So the Founding Fathers were very the case against President Donald who was going around saying that, and clear. They debated the question of Trump. they called every person he told to tell what should it take to get rid of the Much like trials in Lorain and Lima us that that was the situation. The head of state, and they concluded that and Lordstown, OH, or in Marietta, in problem is, it was hearsay. There is a the second branch of government Massillon, and in Marion, OH, we have good reason why they don’t allow hear- couldn’t be a strong branch of govern- seen the prosecution—in this case, the say in a court of law, and that is, it ment if, indeed, the President could be House managers—and the defense—in simply wasn’t true. removed as a Prime Minister could be this case, the President’s lawyers— When the person who was spreading removed, simply by Congress getting present their cases. All 100 of us—every that rumor actually talked to the unhappy with his policies or dis- one of us—are the jury. We took an President about it, the President got agreeing with him. So, as a result of oath to be impartial jurors. We all took angry and said: That is not true. I that, they did give us impeachment, an oath to be impartial jurors just like would never do that. and it is a unique process. They were juries in Ohio and across America. But They never told us that. Once the very clear that it was supposed to be to some of my colleagues, that just ap- tape was shown, the House managers used only in very extreme cir- peared to be a joke. spent days putting together that prop- cumstances and not just simply be- The great journalist Bill Moyers osition for us. The President’s counsel cause of a political disagreement or a summed up the past 3 weeks: ‘‘What dismantled that in about an hour and policy disagreement. And that is ex- we’ve just seen is the dictator of the did so really quickly. And, as a result actly what happened here. Senate manipulating the impeachment of that, simply from a factual basis, it The Federalist Papers and the Con- process to save the demagogue in the is my opinion that the prosecution in stitutional Convention debates are White House whose political party has this case did not meet its burden. very, very clear that it is not a broad become the gravedigger of democracy.’’ Now, much has been said about wit- swath of reasons to impeach the Presi- Let me say that again. ‘‘What we nesses and how they did this and what dent that is given to the first branch of have just seen is the dictator of the

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.029 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S892 CONGRESSIONAL RECORD — SENATE February 5, 2020 Senate manipulating the impeachment Reporters have now revealed that party, if no one on this side of the process to save the demagogue in the Ambassador Bolton—again, a firsthand aisle—no one—has the backbone to White House whose political party has witness—outlined that the President stand up and say ‘‘stop,’’ there is no become the gravedigger of democracy.’’ did exactly what the Impeachment Ar- question it will get worse. How do I Even before this trial began, Leader ticles allege: He withheld security as- know that? I have heard it from a num- MCCONNELL admitted out loud that he sistance to an ally at war with Russia ber of my Republican colleagues when, was coordinating the trial process with in exchange for a political favor. privately, they will tell me, yes, we are the White House. The leader of the The Justice Department admits there concerned about what the President is Senate was coordinating with the are 24 emails showing the President’s going to do if he is exonerated. White House on impeachment. I chal- thinking on Ukraine assistance. But I was particularly appalled by the lenge him to show me one trial in my you know what? Senator MCCONNELL, words of Mr. Dershowitz. He said: ‘‘If a State of Ohio or his State of Kentucky down the hall, will not allow us to see President does something which he be- where the jury coordinated with the any of these 24 emails. lieves will help him get elected in the defense lawyers. In a fair trial, the de- Make no mistake, the full truth is public interest, that cannot be the kind fense and prosecution would have been going to come out. The Presiding Offi- of quid pro quo that results in im- able to introduce evidence, to call wit- cer, my colleagues on the other side of peachment.’’ nesses, and to listen to testimony. the aisle, they are all going to be em- Think about that for a moment. If Every other impeachment proceeding barrassed because they covered this up. the President thinks it is OK, he in the Senate for 250 years had wit- It wasn’t just the President and the thinks it is going to help his election, nesses. Some of them had dozens. We Vice President and Secretary Pompeo and he thinks his election is in the had zero. Leader MCCONNELL rushed and Chief of Staff Mulvaney; it was 51 public interest, then it is OK; the this trial through. He turned off cam- Republican U.S. Senators, including President can break any law, can fun- eras in this body so that the American the Presiding Officer, who is a new nel taxpayer money toward his reelec- public couldn’t see the whole process. Member of this body, who covered up tion, can turn the arm of the State He restricted reporter access. We know this evidence. against his political enemies and not reporters roam the halls to talk to It will come out this week. It will be held accountable. That is what this Members of the House and Senate. He come out this month, this year, the claim comes down to. restricted access there. He twisted year after that, for decades to come. Remember the words of Richard arms to make sure every Republican And when the full truth comes out, we Nixon: ‘‘When the President does it, voted with him to block witnesses. He will be judged by our children and that means it is not illegal.’’ Our coun- didn’t get a couple of them, but he had grandchildren. try rejected that argument during Wa- enough to protect himself. Without additional witnesses, we tergate. We had a Republican Party The public already sees through it. must judge based on the facts pre- with principle in those days and Sen- This is a sham trial. I said from the be- sented. The House managers made a ators with backbone, and they told ginning that I would keep an open clear, compelling case. In the middle of that President to resign because no- mind. If there are witnesses who would a war with Russia, the President froze body is above the State; nobody is exonerate the President, the American $400 million in security assistance to above the law. people need to hear from them. If we have a President who can turn Ukraine. He wanted an investigation Over the course of this trial we heard the Office of the Presidency and the en- into his 2020 political opponent. He re- mounting, overwhelming evidence that tire executive branch into his own po- fused a critical meeting with President President Trump did something that litical campaign operation, God help Zelensky in the Oval Office. not even Richard Nixon ever did: He ex- us. torted a foreign leader. He fired a ca- These actions don’t promote our na- My colleagues think I am exag- reer foreign service officer for rooting tional security or the rule of law; they gerating. We don’t have the option to out corruption. He put his own Presi- promote Donald Trump personally and vote in favor of some arguments made dential campaign above our collective his campaign. during the trial and not others. Mr. national security. We know the President extorted Dershowitz’s words will live forever in The President said this is just hear- President Zelensky. He asked the lead- the historical record. If they are al- say, but he and the Republican leader, er of a foreign government to help him. lowed to stand beside a ‘‘not guilty’’ together with 51 of 53 Republican Sen- That is the definition of an abuse of verdict—make no mistake—they will ators, blocked every single potential power. That is why we have no choice— be used as precedent by future aspiring witness we wanted to call. The Presi- no choice—but to convict this Presi- autocrats. In the words of House Man- dent says it was hearsay. We knew dent of abusing his office. All of us ager SCHIFF, ‘‘that way madness lies.’’ there were witnesses who were in the know this. To acquit would set a clear, I know some of my colleagues agree room with President Trump. We didn’t dangerous precedent: If you abuse your this sets a dangerous precedent. Some get to hear from them. We didn’t hear office, it is OK. Congress will look the of you have admitted to me that you from Ambassador Bolton. We didn’t other way. are troubled by the President’s behav- hear from interim Chief of Staff This trial and these votes we are ior. You know he is reckless. You know Mulvaney. We didn’t hear from Sec- about to cast are about way more than he lies. You know what he did was retary Pompeo. The Republican leader just President Trump. They are about wrong. I have heard Republican after denied the American people the chance the future of democracy. It will send a Republican after Republican Senator to hear all of them testify under oath. message to this President—or whom- tell me that privately. If you acknowl- We have seen more information come ever we elect in November—and to all edge that, if you have said it to me, if to light each day, which builds on the future Presidents. It will be heard you said it to your family, if you said pattern of facts laid out in great detail around the world—our verdict—by our it to your staff, if you just said it to by the House managers. We have now allies and enemies alike, especially the yourself, I implore you, we have no heard tape recordings of the President Russians. Are we going to roll out the choice but to vote to convict. of the United States telling associates welcome mat to our adversaries to What are my colleagues afraid of? I to ‘‘get rid of’’ U.S. Ambassador interfere in our elections? Are we going think about the words of ADAM SCHIFF Yovanovitch, a public servant who de- to give a green light to the President of in this Chamber on Tuesday: ‘‘If you voted her life to fighting corruption the United States to base our country’s find that the House has proved its case and promoting American ideals and foreign policy not on our collective, and still vote to acquit’’—if you still foreign policy throughout her long, disagreed-upon national security or that vote to acquit—‘‘your name will be tied tinguished career at the State Depart- of our allies, like Ukraine, but on the to his with a cord of steel and for all of ment. With her removed from the post, President’s personal political cam- history.’’ it appears the President thought he paign? ‘‘[Y]our name will be tied to his with would be able to compel our ally These are the issues at stake. If we a cord of steel and for all of history.’’ Ukraine to investigate President don’t hold this President accountable So I ask my colleagues again: What Trump’s political opponent. for abuse of office, if no one in his own are you afraid of?

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.032 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S893 One of our American fundamental the Ukrainian leader to commence are reinforcing the President’s mis- values is that we have no Kings, no no- phony political investigations as a part guided belief that he can do whatever bility, no oligarchs. No matter how of his effort to cheat and solicit foreign he wants under article II of the U.S. rich, no matter how powerful, no mat- interference in the 2020 election.’’ Constitution. ter how much money you give to MITCH Manager VAL DEMINGS walked us Donald Trump was already a danger MCCONNELL’s super PAC, everyone can through the evidence of how Donald to this country. We have seen it in his and should be held accountable. Trump used $391 million of taxpayer policy decisions—from taking away I hope my colleagues remember that. money to pressure Ukraine to an- healthcare from millions of Americans I hope they will choose courage over nounce politically motivated investiga- to threatening painful cuts to Social fear. I hope they will choose country tions. She concluded: ‘‘This is enough Security and Medicare, to engaging in over party. I hope they will join me in to prove extortion in court.’’ an all-out assault on immigrants in holding this President accountable to Manager SYLVIA GARCIA showed us this country. the American people we all took an how Donald Trump’s demand for inves- But today, we are called on to con- oath to serve. tigations was purely for his personal, front a completely different type of We know this: Americans are watch- political benefit. She debunked the danger—one that goes well beyond the ing. They will not forget. conspiracy theories the President’s significant policy differences I have I will close with quoting, again, Bill counsel raised against former Vice with this President. Moyers, a longtime journalist: ‘‘What President Joe Biden—Donald Trump’s If we let Donald Trump get away we have just seen is the dictator of the political rival and the true target of with extorting the President of another Senate manipulating the impeachment his corrupt scheme. country for his own personal, political process to save the demagogue in the Manager JASON CROW described viv- benefit, the Senate will be complicit— White House whose political party has idly the human costs of withholding complicit—in his next corrupt scheme. become the gravedigger of democracy.’’ aid from Ukrainian troops fighting a Which country will he bully or invite I know my colleagues on the other hot war against Russia. to interfere in our elections next? side of the aisle know better. I hope Manager ADAM SCHIFF tied together Which pot of taxpayer money will he they vote what they really know. the evidence of Donald Trump’s abuse use as a bribe to further his political The PRESIDING OFFICER. The Sen- of power—the most serious of impeach- schemes? ator from Hawaii is recognized. able offenses and one that includes ex- Ms. HIRONO. Madam President, Later today, I will vote to convict tortion and bribery. and remove President Donald Trump when the Framers debated whether to And manager ZOE LOFGREN used her for abusing his power and obstructing include the power of impeachment in extensive experience to provide per- Congress. I am under no illusion that the Constitution, they envisioned a spective on Donald Trump’s unprece- my Republican colleagues will do the moment very much like the one we dented, unilateral, and complete ob- same. They have argued it is up to the face now. They were fearful of a cor- struction of Congress to cover up his American people to decide, as though rupt President who would abuse the corrupt scheme. She is the only Mem- Presidency for his or her personal gain, ber of Congress to be involved in three impeachment were not a totally sepa- particularly one who would allow any Presidential impeachments. rate, constitutional remedy for a law- foreign country to interfere in the af- The President’s lawyers could not re- less President. fairs of our United States. With this fute the House’s case. Instead, they ul- As I considered my vote, I listened fear in mind, the Framers directed the timately resorted to the argument closely to Manager SCHIFF’s closing Senate to determine whether to ulti- that, even accepting the facts as pre- statement about why the Senate needs mately remove that President from of- sented by the House managers, Donald to convict this President. He said: fice. Trump’s conduct is not impeachable. It I do not ask you to convict him because In normal times, the Senate—con- is what I have called the ‘‘He did it; so truth or right or decency matters nothing to him— scious of its awesome responsibility— what?’’ argument. would meet this moment with the ap- Many of my Republican colleagues He is referring to the President— propriate sobriety and responsibility to are using the ‘‘So what?’’ argument to but because we have proven our case, and it conduct a full and fair trial. That in- justify their votes to let the President matters to you. Truth matters to you. Right cludes calling appropriate witnesses off the hook. Yet the senior Senator matters to you. You are decent. He is not who you are. and subpoenaing relevant documents, from Tennessee said: ‘‘I think he none of which happened here. shouldn’t have done it. I think it was It is time for the Senate to uphold its In normal times, the Senate would wrong.’’ He said it was ‘‘inappropriate’’ constitutional responsibility by con- have weighed the evidence presented by and ‘‘improper, crossing a line.’’ But he victing this President and holding him both sides and rendered impartial jus- refused to hold the President account- accountable. tice. And in normal times, having been able, arguing that the voters should de- I yield the floor. presented with overwhelming evidence cide. The PRESIDING OFFICER. The Sen- of impeachable acts, the Senate would The junior Senator from Iowa said: ator from Colorado is recognized. have embraced its constitutional re- ‘‘The President has a lot of latitude to Mr. BENNET. Madam President, sponsibility to convict the President do what he wants to do’’ but he ‘‘did it when I was in the second grade—which and remove him or her from office. maybe in the wrong manner.’’ I did twice because I was dyslexic, so I But as we have learned too often over She also said that ‘‘whether you like don’t know which year of the second the past 3 years, these are not normal what the President did or not,’’ the grade it was, but one of those 2 years— times. Instead of fulfilling its duty charges didn’t rise to the level of an we were asked to line up in order of later today, the U.S. Senate will fail impeachable offense. whose family had been here the longest its test at a crucial moment of our The junior Senator from Ohio called period of time and whose family had country by voting to acquit Donald J. the President’s actions ‘‘wrong and in- been here the shortest period of time. Trump of abuse of power and obstruc- appropriate’’ but said they did not I turned out to be the answer to both tion of Congress. ‘‘rise to the level of removing a duly- of those questions. My father’s family The Senate cannot blame its con- elected president from office and tak- went all the way back to the stitutional failure on the House man- ing him off the ballot in the middle of Mayflower, and my mom’s family were agers. They proved their case with an election.’’ Polish Jews who survived the Holo- overwhelming and compelling evi- And the senior Senator from Florida caust. They didn’t leave Warsaw be- dence. Manager JERRY NADLER laid out went so far as to say: ‘‘Just because ac- cause my grandfather had a large fam- a meticulous case demonstrating how tions meet a standard of impeachment ily he didn’t want to leave behind. And and why the President’s actions rose to does not mean it is in the best interest in the event—everybody was killed in the constitutional standard for im- of the country to remove a president the war, except my mom, her parents, peachment and removal. from office.’’ and an aunt. They lived in Warsaw for Manager HAKEEM JEFFRIES explained By refusing to hold this President ac- 2 years after the war. Then they went how Donald Trump ‘‘directly pressured countable, my Republican colleagues to Stockholm for a year. They went to

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.033 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S894 CONGRESSIONAL RECORD — SENATE February 5, 2020 Mexico City for a year, of all places. vicious partisan exercise. That hasn’t They led an armed insurrection And then they came to the United been done by the American people. against a colonial power. We call that States—the one place in the world they That wasn’t done by any other genera- the Revolutionary War. That succeeded could rebuild their shattered lives, and tion of politicians who were in this too. they did rebuild their shattered lives. place. It has been done by this genera- They did something terrible in their My mom was the only person in the tion of politicians led by the Senator generation that will last for the rest of family who could speak any English. from Kentucky, the majority leader of our days and that is they perpetuated She registered herself in the New York the Senate. human slavery. The building we are City public schools. She graduated We have become a body that does standing in today was built by enslaved from Hunter College High School. She nothing. We are an employment agen- human beings because of the decisions went on to graduate from Wellesley cy. That is what we are. Seventy-five that they made. College in Massachusetts in one gen- percent of the votes we took last year But I tell the kids who come and eration. My grandparents rebuilt the were on appointments. We voted on 26 visit me that there is a reason why business they had lost during the war. amendments last year—26—26. In the there are not enslaved human beings in I knew from them how important world’s greatest deliberative body, we this country anymore and that is be- this symbol of America was to people passed eight amendments in a year. Pa- cause of people like Frederick Doug- struggling all over the world. They had thetic. We didn’t consider any of the lass. He was born a slave in the United been through some of the worst events major issues the American people are States of America, escaped his slavery in human history, and their joy of confronting in their lives, not a single in Maryland, risked his life and limb to being Americans was completely un- one—10 years of townhalls with people get to Massachusetts, and he found the adulterated. I have met many immi- saying to me: MICHAEL, we are killing abolitionist movement there. And the ourselves, and we can’t afford housing, grants across this country, and I still abolitionist movement has been argu- healthcare, higher education, early haven’t met anybody with a stronger ing for generations that the Constitu- childhood education. We cannot save. accent than my grandparents had, and tion was a pro-slavery document. Fred- We can’t live a middle-class life. We I have never met anybody who were erick Douglass, who is completely self- think our kids are going to live a more taught, said to them: You have this ex- greater patriots than they were. They diminished life than we do. understood how important the idea of What does the U.S. Senate do? Cut actly wrong, exactly backward, 180 de- America was, not because we were per- taxes for rich people. We don’t have grees from the truth. The Constitution fect—exactly the opposite of that—be- time to do anything else around here. is an anti-slavery document, Frederick cause we were imperfect. But we lived And now, when we are the only body on Douglass said, not a pro-slavery docu- in a free society that was able to cure planet Earth charged with the respon- ment. its imperfections with the hard work of sibility of dealing with the guilt or in- But we are not living up to the words our citizens to make this country more nocence of this President, we can’t of the Constitution. It is the same democratic, more free, and more fair— even bring ourselves to have witnesses thing Dr. King said the night before he a country committed to the rule of and evidence as part of a fair trial, was killed in Memphis when he went law. Nobody was above the rule of law, even when there are literally witnesses down there for the striking garbage and nobody was treated unfairly by the with direct knowledge of what the workers and he said: I am here to make law, even if you were an immigrant to President did practically banging on America keep the promise you wrote this country. the door of the Senate saying: Let me down on the page. From my dad’s example, I learned testify. In my mind, Frederick Douglass and something really different. It might in- We are too lazy for that. The reality Dr. King are Founders, just as much as terest some people around here to is, we are too broken for that. We are the people who wrote the Constitution know he was a staffer in the Senate for too broken for that. And we have failed of the United States. How could they many years. I actually grew up coming in our duty to the American people. not be? How could they not be? here on Saturday mornings, throwing Hamilton said in Federalist 65 that in The women who fought to give my paper airplanes around the hallways of an impeachment trial we were the in- kids, my three daughters, the right to the Dirksen Building and Russell quisitors for the people. The Senate— vote, who fought for 50 years to get the Building. we would be the inquisitors for the peo- right to vote—mostly women in this He worked here at a very different ple. How can you be the inquisitors for country—are Founders, just like the time in the Senate. He worked here at the people when you don’t even dignify people who wrote the Constitution, as a time when Republicans and Demo- the process with evidence and with wit- well. crats worked together to uphold the nesses? Over the years that I have been here, rule of law, to pass important legisla- I often have school kids come visit I have seen this institution crumble tion that was needed by the American me here in the Senate, which I really into rubble. This institution has be- people to move our country forward, a enjoy because I used to be the super- come incapable of addressing the most time when Democrats and Republicans intendent of the Denver Public existential questions of our time that went back home and said: I didn’t get Schools. When they come visit me, the next generation cannot address. everything I wanted, to be sure, but the they very often have been on the Mall. They can’t fix their own school. They 65 percent I did get is worth the bill we They have seen the Lincoln Memorial. can’t fix our immigration system. They have, and here is why the other side They have seen the Washington Monu- can’t fix climate change, although they needed 35 percent. ment. They have been seen the Su- are getting less and less patient with Those days are completely gone in preme Court, this Capitol. And there is us on that issue. the U.S. Senate, and I grieve for them. a tendency among them to believe that But what I have come to conclude is My dad passed away about a year ago. this was just all here, that it was all that the responsibility of all of us—not I know how disappointed he would be just here. And of course, 230 years ago, just Senators but all of us as citizens about where we are, but there isn’t I tell them, none of it was here. None in a democratic republic—230 years anybody who can fix it, except the 100 of it was here. It was in the ideas of the after the founding of this Republic, is people who are here and, I suppose, the Founders, the people whom we call the the responsibility of a Founder. It is American people for whom we osten- Founders, who did two incredible that elevated sense of what a citizen is sibly work. things in their lifetime, in their gen- required to do in a republic to sustain In the last 10 years that I have been eration, that had never been done be- that republic, and I think that is the here, I have watched politicians come fore in human history. They wrote a right way to think about it. It gives to this floor and destroy the solemn re- Constitution that would be ratified by you a sense of what is really at stake sponsibility we have—the constitu- the people who lived under it. It never beyond the headlines on the cable tele- tional responsibility we have—to ad- happened before. They would never vision at night and, certainly, in the vise and consent on judicial appoint- have imagined that we would have social media feeds that divide us ments, to turn that constitutional re- lasted 230 years—at least until the age minute to minute in our political life sponsibility into nothing more than a of Donald Trump. today.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.035 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S895 The Senate has clearly failed that other oath given to us by Chief Justice Based on the clear and convincing standard. We have clearly failed that Roberts to do impartial judgment in evidence presented in this trial, we standard. The idea that we would turn this impeachment trial. I have taken know President Trump used American our backs and close our eyes to evi- this responsibility very seriously. I taxpayer dollars in security assistance dence pounding on the outside of the have listened to both sides make their in order to get Ukraine to interfere in doors of this Capitol is pitiful. It is dis- case. I have reviewed the evidence pre- our elections to help him politically. graceful, and it will be a stain on this sented and I have carefully considered We know the President solicited assist- body for all time. More than 50 percent the facts. ance from Ukraine to pursue an inves- of the people in this place have said From the beginning, I have supported tigation of phony conspiracy theories that what the President did was wrong. a full, fair, and honest impeachment about our 2016 U.S. elections that are a It clearly was wrong. It clearly was un- trial. A majority of this Senate has part of a Russian disinformation cam- constitutional. It clearly was impeach- failed to allow it. I supported the re- paign. We know the President solicited able. What President would run for of- lease of critical evidence that was con- assistance from Ukraine to discredit fice saying to the American people: I cealed by the White House. The other the conclusion by American law en- am going to try to extort a foreign side of the aisle let President Trump forcement, the U.S. intelligence com- power for my own electoral interest to hide it from us, and they voted to keep munity, and confirmed by a bipartisan interfere in our elections? It is exactly it a secret from the American people. I Senate report that Russia interfered the kind of conduct that the impeach- voted for testimony of relevant wit- with our 2016 elections. We also know ment clause was written for. It is a nesses with direct, firsthand evidence President Trump solicited foreign in- textbook case of why the impeachment about the President’s conduct. Senate terference in the upcoming election by clause exists. Republicans blocked witness testimony pressuring Ukraine to publicly an- But even if you don’t agree with me because they didn’t want to be both- nounce investigations to help him po- that he should have been convicted or ered with the truth. litically. that he should be convicted, I don’t Every Senate impeachment trial in I ask my friends to consider the fact know how anybody in this body goes our Nation’s history has included wit- that the Ukrainian President was pres- home and faces their constituents and nesses, and this Senate trial should sured and prepared to go on an Amer- says that we wouldn’t even look at the have been no different. Unfortunately, ican cable television network to an- evidence. it was. A majority of the Senate has nounce these political investigations. So I say to the American people: Our taken the unprecedented step of refus- To those who are making the argu- democracy is very much at risk. I am ing to hear all the evidence, declining ment to acquit the President because not one of those people who believes all the facts, denying the full truth to convict would create further divi- that Donald Trump is the source of all about this President’s corrupt abuse of sion in our country, I ask you to ac- our problems. I think he has made mat- power. President Trump has obstructed knowledge the fact that President ters much worse, to be sure, but he is Congress, and this Senate will let him. Trump’s corrupt scheme has given Rus- a symptom of our problem. He is a Last month, President Trump’s sia another opening to attack our de- symptom of our failure to tend to the former National Security Advisor, mocracy, interfere in our elections, and democracy—to our responsibility—as John Bolton, provided an unpublished further divide our already divided Founders. And if we don’t begin to take manuscript to the White House. The re- country. We know this to be true, but that responsibility as seriously as our cent media reports about what Ambas- the Senate is choosing to ignore the parents and grandparents did—people sador Bolton could have testified to, truth. who faced much bigger challenges than had he not been blocked as a witness, As reported just weeks after the we ever did—nobody is asking us, go to the heart of this impeachment Zelensky call, President Trump told thank God, to end human slavery. No- trial—abuse of power and obstruction Ambassador Bolton in August that he body is asking us to fight for 50 years of Congress. wanted to continue freezing $391 mil- for the self-evident proposition that As reported, in early May 2019, there lion in security assistance to Ukraine women should have the right to vote. was an Oval Office meeting that in- until it helped with the political inves- We are not marching in Selma, being cluded President Trump, Mick tigations. Had Ambassador Bolton tes- beaten for the self-evident prospect Mulvaney, Pat Cipollone, Rudy tified to these facts in this trial, it that all people are created equal. No- Giuliani, and John Bolton. According would have directly contradicted what body is asking us to climb the Cliffs of to Mr. Bolton, the President directed the President told Senator JOHNSON in Normandy to fight for freedom in a him to help with his pressure campaign a phone call on August 31, 2019, in World War. to solicit assistance from Ukraine to which, according to Senator JOHNSON, But we are being asked to save the pursue investigations that would not the President said: democracy and we are going to fail only benefit President Trump politi- I would never do that. Who told you that? that test today in the Senate. And my prayer for our country is that the cally but would act to exonerate Rus- John Bolton not only has direct evi- American people will not fail that test. sia from their interference in our 2016 dence that implicates President Trump I am optimistic that we will not. We elections. in a corrupt abuse of power, but he has Several weeks later, the U.S. Depart- have never failed it before, and I don’t direct evidence that President Trump ment of Defense certified the release of think we will fail it in our time. lied to one of our colleagues in an at- I yield the floor. military aid to Ukraine, concluding tempt to cover it up. It may not mat- The PRESIDING OFFICER. The Sen- that they had taken substantial acter to this Senate, but I can tell you ator from Wisconsin. tions to decrease corruption. This was that it matters to the people of the Ms. BALDWIN. Madam President, in part of the security assistance we ap- State of Wisconsin that this President 2012, the good people of Wisconsin proved in Congress with bipartisan sup- did not tell their Senator the truth. elected me to work for them in the port to help Ukraine fight Russian ag- Based on the facts presented to us, I Senate. Like every one of my fellow gression. However, President Trump refuse to join this President’s coverup, Senators, I took an oath of office. In blocked it and covered it up from Con- and I refuse to conclude that the Presi- 2018, I was reelected and I took that gress. dent’s abuse of power doesn’t matter, same oath. We have all taken that On July 25, 2019, as President Trump that it is OK, and that we should just oath. It is not to support and defend was withholding the support for get over it. the President—this President or any Ukraine, he had a telephone call with I recognize the courageous public other. Our oath is to support and de- Ukrainian President Zelensky. Based servants who did what this Senate has fend the Constitution of the United on a White House call summary memo failed to do—to put our country first. States. That is our job every day that that was released 2 months later, we In the House impeachment inquiry, we come to work, and it certainly is all know the President put his own po- brave government servants came for- our job here today. litical interest ahead of our national ward and told the truth. They put their Just over 2 weeks ago, we all stood security and the integrity of our elec- jobs on the line. Instead of inspiring us together right here and we took an- tions. to do our duty—to do our jobs—they

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.036 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S896 CONGRESSIONAL RECORD — SENATE February 5, 2020 have faced character assassination ment in governance. We, the 100 of us, What happened here over the last 2 from this President, the White House, were given the responsibility to keep it weeks is as much a corruption as and some of my colleagues here in the safe from those who may deign to harm Trump’s scheme was. This trial was Senate. It is a disgrace to this institu- it, and when the Senate lives up to this simply an extension of Trump’s tion that they have been treated as charge, it is an awesome, inspirational crimes—no documents, no witnesses. It anything less than the patriots they sight to behold. was the first-ever impeachment trial in are. I was born 3 weeks after Alexander the Senate without either. John As Army LTC Alexander Vindman Butterfield revealed the existence of a Bolton, in his practically begging to said, ‘‘This is America. Here, right taping system in the White House that come here and tell his firsthand ac- matters.’’ likely held evidence of President Nix- count of the President’s corruption, My judgment is inspired by these on’s crimes, and I was born 1 week was denied—just to make sure that words, and I am guided to my commit- after the Senate Watergate Committee, voters couldn’t hear his story in time ment to put country before party and in a bipartisan vote, ordered Nixon to for them to be able to pressure their our Constitution first. turn over several key tapes. Senators prior to an impeachment My vote on the President’s abuse of Now, my parents were Republicans. vote. power and obstruction of Congress is a My mom is still a Republican. Over the This was a show trial—a gift-wrapped vote to uphold my oath of office and to years, they have voted for a lot of present for a grateful party leader. We support and defend the Constitution. Democrats and Republicans. They became complicit in the very attacks My vote is a vote to uphold the rule of raised me, in the shadow of Watergate, on democracy that this body is sup- to understand that what mattered in law and our uniquely American prin- posed to guard against. We have failed politics wasn’t really someone’s party. ciple that no one—not even the Presi- to protect the Republic. dent—is above the law. I only have 1 of It was whether you were honest and de- What is so interesting to me is that cent and if you were pursuing office for 100 votes in the U.S. Senate, and I am it is not like the Republicans didn’t see the right reasons. this moment coming. In fact, many of afraid that the majority is putting this In the year I was born, this Senate my colleagues across the aisle literally President above the law by not con- watched a President betray the Nation, predicted it. Prior to the President’s victing him of these impeachable of- and this Senate—both Democrats and election, here is what the Republican fenses. Republicans—stood together to protect Senators said about Donald Trump. Let’s be clear. This is not an exonera- the country from this betrayal. This is One said: tion of President Trump. It is a failure exactly what our Founders envisioned to show moral courage and hold this He is shallow. He is ill-prepared to be Com- when they gave the Congress the mas- mander in Chief. I think he is crazy. I think President accountable. sive responsibility of the impeachment Now every American will have the he is unfit for office. power. They said to use it sparingly, to Another said: power to make his or her own judg- use it not to settle political scores but ment. Every American gets to decide The man is a pathological liar. He doesn’t to use it when a President has strayed know the difference between truth and lies. what is in our public interest. We the from the bonds of decency and pro- Yet another Republican Senator said: people get to choose what is in our na- priety. tional interest. I trust the American The Founders wanted Congress to What we are dealing with is a con artist. people. I know they will be guided by save the country from bad men who He is a con artist. our common good and the truth. The would try to use the awesome power of Now, you can shrug this off as elec- people we work for know what the the executive branch to enrich them- tion-year rhetoric, but no Democrat truth is, and they know, in America, it selves or to win office illicitly, and I has ever said these kinds of things matters. grew up under the belief that, when about a candidate from our party, and I yield the floor. those bad men presented themselves, prior to Trump, no Republican had said The PRESIDING OFFICER. The Sen- this place had the ability to put aside such things about candidates from ator from Connecticut. party and work to protect our fragile their party either. The truth is the Re- Mr. MURPHY. Madam President, it democracy from attack. publicans, before Trump became the is important to remind ourselves, at This attack on our Republic that we head of their party, knew exactly how moments like this, how unnatural and are debating today, if left unchecked, dangerous he was and how dangerous uncommon democracy really is. is potentially lethal. The one sacred he would be if he won. They knew he Just think of all of the important fo- covenant that an American President was the archetype of that bad man the rums in your life. Think about your makes with the governed is to use the Founders intended the Senate to pro- workplace, your family, your favorite massive power of the executive branch tect democracy from. sports team. None of them makes deci- for the good of the country, not for per- That responsibility seems to no sions by democratic vote. The CEO de- sonal financial or political benefit. The longer retain a position of primacy in cides how much money you are going difference between a democracy and a this body today. The rule of law to make. It is not by the vote of your tin-pot dictatorship is that, here, we doesn’t seem to come first today. Our fellow employees. You love your kids, don’t allow Presidents to use the offi- commitment to upholding decency and but they don’t get an equal say in cial levers of power to destroy political truth and honor is not the priority household matters as mom and dad do. opponents. Yet that is exactly what today. In the modern Senate today, all The plays the Chiefs called on their President Trump did, and we all know that seems to matter is party. What is game-winning drives were not decided it. Even the Republicans who are going different about this impeachment is by a team vote. to vote to acquit him today admit not that the Democrats have chosen to No, most everything in our lives that that. If you think that our endorse- make it partisan. It is that the Repub- matters, other than the government ment through acquittal will not have licans have chosen to excuse their par- under which we live, is not run by an impact, then, just look at Rudy ty’s President’s conduct in a way that democratic vote, and, of course, a tiny Giuliani’s trip to Ukraine in December, they would not have done and did not percentage of humans—well under 1 which was in the middle of the im- do 45 years ago. That is what makes percent—have lived in a democratic so- peachment process. He went back, this moment exceptional. ciety over the last thousand years of looking for more dirt, and the Presi- Now, Congressman SCHIFF, in his human history. dent was ringing him up to get the de- closing argument, rightly challenged Democracy is unnatural. It is rare. It tails before Giuliani’s plane even hit the Democrats to think about what we is delicate. It is fragile, and untended the gate. The corruption hasn’t would do if a President of our party to, neglected, or taken for granted, it stopped. It is ongoing. If this is the new ever committed the same kind of of- will disappear like ashes that scatter normal—the new means by which a fense that Donald Trump has. I think into the cold night. President can consolidate power and it was a very wise query and one that This body—the U.S. Senate—was con- try to destroy political opponents— we as Democrats should not be so ceived by our Founders to be the ulti- then we are no longer living in Amer- quick on the trigger to answer self- mate guardians of this brittle experi- ica. righteously.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.047 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S897 Would we have the courage to stand In addition, the President’s team pre- ical. Accordingly, the President is up to our base, to our political sup- sented three defenses: first, that there guilty of an appalling abuse of public porters, and vote to remove a Demo- could be no impeachment without a trust. cratic President who had chosen to statutory crime; second, that the What he did was not ‘‘perfect.’’ No, it trade away the safety of the Nation for Bidens’ conduct justified the Presi- was a flagrant assault on our electoral political help? It would not be easy. dent’s actions; and third, that the judg- rights, our national security, and our No, the easy thing to do would be to ment of the President’s actions should fundamental values. Corrupting an just do what is happening today—to be left to the voters. Let me first ad- election to keep one’s self in office is box our ears, close our eyes, and just dress those three defenses. perhaps the most abusive and destruc- hope the corruption goes away. The historic meaning of the words tive violation of one’s oath of office So I have thought a lot about this ‘‘high crimes and misdemeanors,’’ the that I can imagine. question over these past 2 days, and I writings of the Founders, and my own In the last several weeks, I have re- have come to the conclusion that, at reasoned judgment convinced me that ceived numerous calls and texts. Many least for me, I would hold the Demo- a President can indeed commit acts demanded, in their words, that I ‘‘stand crats to the same standard. I would against the public trust that are so with the team.’’ I can assure you that vote to remove. But I admit to some egregious that, while they are not stat- thought has been very much in my level of doubt, and I think that I need utory crimes, they would demand remind. You see, I support a great deal of to be honest about that because the moval from office. what the President has done. I have pressures today to put party first are To maintain that the lack of a codi- voted with him 80 percent of the time. real on both sides of the aisle, and they fied and comprehensive list of all the But my promise before God to apply are much more acute today than they outrageous acts that a President might impartial justice required that I put were during Watergate. conceivably commit renders Congress my personal feelings and political bi- It is with that reality as context that powerless to remove such a President ases aside. Were I to ignore the evi- I prepare to vote today. I believe that defies reason. dence that has been presented and dis- the President’s crimes are worthy of The President’s counsel also notes regard what I believe my oath and the removal. I will vote to convict on both that Vice President Biden appeared to Constitution demands of me for the Articles of Impeachment. have a conflict of interest when he un- sake of a partisan end, it would, I fear, But I know that something is rotten dertook an effort to remove the expose my character to history’s rein the state of Denmark. Ours is an in- Ukrainian prosecutor general. If he buke and the censure of my own constitution built to put country above knew of the exorbitant compensation science. party, and today we are doing, often, his son was receiving from a company I am aware that there are people in the opposite. I believe within the cult actually under investigation, the Vice my party and in my State who will of personality that has become the President should have recused himself. strenuously disapprove of my decision, Trump Presidency, the disease is more While ignoring a conflict of interest is and in some quarters, I will be vehe- acute and more perilous to the Na- not a crime, it is surely very wrong. mently denounced. I am sure to hear tion’s health on the Republican side of With regard to Hunter Biden, taking abuse from the President and his sup- the ledger, but I admit this affliction excessive advantage of his father’s porters. Does anyone seriously believe has spread to all corners of this Cham- name is unsavory but also not a crime. that I would consent to these con- ber. Given that in neither the case of the sequences other than from an inescap- If we are to survive as a democracy— father nor the son was any evidence a fragile, delicate, constantly in need able conviction that my oath before presented by the President’s counsel God demanded it of me? of tending democracy—then this Sen- that a crime had been committed, the ate needs to figure out a way after I sought to hear testimony from President’s insistence that they be in- today to reorder our incentive system John Bolton, not only because I believe vestigated by the Ukrainians is hard to and recalibrate our faiths so that the he could add context to the charges but explain other than as a political pur- health of one party never ever again also because I hoped that what he suit. There is no question in my mind comes before the health of our Nation. might say could raise reasonable doubt I yield the floor. that were their names not Biden, the and thus remove from me the awful ob- The PRESIDING OFFICER (Mr. President would never have done what ligation to vote for impeachment. PERDUE). The Senator from Utah. he did. Like each Member of this delibera- Mr. ROMNEY. Mr. President, the The defense argues that the Senate tive body, I love our country. I believe Constitution is at the foundation of should leave the impeachment decision that our Constitution was inspired by our Republic’s success, and we each to the voters. While that logic is ap- providence. I am convinced that free- strive not to lose sight of our promise pealing to our democratic instincts, it dom itself is dependent on the strength to defend it. is inconsistent with the Constitution’s and vitality of our national character. The Constitution established a vehi- requirement that the Senate, not the As it is with each Senator, my vote is cle of impeachment that has occupied voters, try the President. Hamilton ex- an act of conviction. We have come to both Houses of our Congress these plained that the Founders’ decision to different conclusions, fellow Senators, many days. We have labored to faith- invest Senators with this obligation but I trust we have all followed the dic- fully execute our responsibilities to it. rather than leave it to the voters was tates of our conscience. We have arrived at different judg- intended to minimize to the extent pos- I acknowledge that my verdict will ments, but I hope we respect each oth- sible the partisan sentiments of the not remove the President from office. er’s good faith. public at large. So the verdict is ours The results of this Senate court will, in The allegations made in the Articles to render under our Constitution. The fact, be appealed to a higher court—the of Impeachment are very serious. As a people will judge us for how well and judgment of the American people. Vot- Senator juror, I swore an oath before faithfully we fulfill our duty. ers will make the final decision, just as God to exercise impartial justice. I am The grave question the Constitution the President’s lawyers have implored. profoundly religious. My faith is at the tasks Senators to answer is whether My vote will likely be in the minority heart of who I am. I take an oath be- the President committed an act so ex- in the Senate. But irrespective of these fore God as enormously consequential. treme and egregious that it rises to the things, with my vote, I will tell my I knew from the outset that being level of a high crime and misdemeanor. children and their children that I did tasked with judging the President—the Yes, he did. The President asked a for- my duty to the best of my ability, be- leader of my own party—would be the eign government to investigate his po- lieving that my country expected it of most difficult decision I have ever litical rival. The President withheld me. faced. I was not wrong. vital military funds from that govern- I will only be one name among The House managers presented evi- ment to press it to do so. The President many—no more, no less—to future gen- dence supporting their case, and the delayed funds for an American ally at erations of Americans who look at the White House counsel disputed that war with Russian invaders. The Presi- record of this trial. They will note case. dent’s purpose was personal and polit- merely that I was among the Senators

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.049 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S898 CONGRESSIONAL RECORD — SENATE February 5, 2020 who determined that what the Presi- not a fair process. Does that sound fair challenging to the other side, but it is, dent did was wrong, grievously wrong. to you? indeed, a fact, driven home by the Re- We are all footnotes at best in the Democrats began talking about im- publican Party and President Donald annals of history, but in the most pow- peachment within months of President John Trump. These facts do have con- erful Nation on Earth, the Nation con- Trump’s election and have made it sequences, just like elections. ceived in liberty and justice, that dis- clear that their No. 1 goal—perhaps Our friends on the other side, unfor- tinction is enough for any citizen. their only goal—has been to remove tunately, decided that if they could not I yield the floor. him from office. Does that sound fair beat him at the polls, give Congress an The PRESIDING OFFICER. The Sen- to you? opportunity to, in fact, impeach the ator from South Carolina. They have said: ‘‘We are going to im- President. My friends on the left sim- Mr. SCOTT of South Carolina. Mr. peach the . . . ’’ and used an expletive. ply don’t want a fair process. This President, over the past few weeks, we They said: ‘‘We have to impeach him, process has lacked fairness. Instead, have heard a lot of arguments, accusa- otherwise he’s going to win the elec- they paint their efforts as fighting on tions, and anecdotes. Some very skilled tion.’’ Now that might be the trans- behalf of democracy when, in fact, they speakers on both sides have presented parency we have been looking for in are just working on behalf of Demo- their case both for and against im- this process—the real root or founda- crats. That is not fair. It is not what peachment. tion of why we found ourselves here for the American people deserve. I listened intently, hour after hour, 60 hours of testimony. It might be be- House managers said over and over day after day, to the House managers cause, as they said themselves, if we again, the Senate had to protect our and the President’s lawyers, and the don’t impeach him, he might just win. Nation’s free and fair elections, but word that kept coming to me, that I What an amazing thought that the they are seeking to overturn a fairly kept writing down in my notes was American people and not Members of won election with absurd charges. The House managers said over and ‘‘fairness’’ because, you see, here in Congress would decide the Presidency over again that the Senate has to allow America you are innocent until proven of the United States. What a novel con- new witnesses so as to make the Sen- guilty. cept that the House managers and Con- ate trial fair, but they didn’t bother As the President’s defense team gress would not remove his name from with the notion of fairness when they noted, ‘‘[A]t the foundation of those the ballot in 2020, but we would allow were in charge in the House. authentic forms of justice is funda- the American people to decide the fate Their notion of fairness is to give the mental fairness. It’s playing by the of this President and of the Presidency. prosecution do-overs and extra latitude rules. It’s why we don’t allow deflated They don’t get it. They don’t under- but not the defendants. footballs or stealing signs from the stand that the American people should Actions speak louder than words, and field. Rules are rules. They’re there to be and are the final arbiters of what the Democrats’ actions have said all we be followed.’’ happens. They want to make not only need to hear. You can create all the rhetorical im- the President vulnerable, but they Let’s vote no on these motions today agery in the world, but without the want to make Republican Senators vul- and get back to working for the Amer- facts to prove guilt, it doesn’t mean a nerable so that they can control the ican people. thing. They can say the President can- majority of the U.S. Senate because The PRESIDING OFFICER. The Sen- not be trusted, but without proving the facts are not winning for them. The ator from Delaware. why he can’t be trusted, their words facts are winning for us because when Mr. COONS. Mr. President, the last are just empty political attacks. you look at the facts, they are not time this body—the last time the Sen- You can speak of David v. Goliath, their facts and our facts, they are just ate—debated the fate of a Presidency but if you were the one trying to sub- the facts. What I have learned from in the context of impeachment, the vert the presumption of innocence, if watching the House managers who legendary Senator from West Virginia, you were the one to will facts into ex- were very convincing—they were very Robert Byrd, rose and said: istence, you are not David; you have convincing the first day—and after I think my country sinks beneath the become Goliath. that what we realized was, some facts yoke. It weeps, it bleeds, and each new day a Our job here in the Senate is to en- mixed with a little fiction led to 100 gash is added to her wounds. sure a fair trial based on the evidence percent deception. You cannot mix Our country today, as then, is in gathered by the House. I have been ac- facts and fiction without having the pain. We are deeply divided, and most cused, as have many of my colleagues, premise of deceiving the American pub- days, it seems to me that we here are of not wanting that fair trial. The lic, and that is what we saw here in our the ones wielding the shiv, not the exact opposite is true. We have ensured Chamber. salve. a fair trial in the Senate after House Why is that the case? It is simple. The Founders gave this Senate the Democrats abused historical prece- When you look at the facts of this sole power to try impeachments because, as Alexander Hamilton wrote: dents in their zeal to impeach a Presi- Presidency, you come to a few conclu- ‘‘Where else than in the Senate could dent they simply do not like. sions that are, in fact, indisputable. have been found a tribunal sufficiently During prior impeachment pro- One of those conclusions is that our dignified, or sufficiently independent?’’ ceedings in the last 50 years—lasting economy is booming, and it is not sim- I wish I could say with confidence around 75 days or so in the House—the ply booming from the top. When you that we here have lived up to the faith House’s opposing party was allowed start looking into the crosstabs, as I our Founders entrusted in us. Unfortu- witnesses and the ability to cross-ex- like to say, what you find is that the nately, I fear, in this impeachment amine. This time, House Republicans bottom 20 percent are seeing increases trial, the Senate has failed a historic were locked out of the first 71 of 78 that the top 20 percent are not seeing. test of our ability to put country over days. Let me say that differently. The So this economy is working for the party. ability to cross-examine the witnesses most vulnerable Americans, and that is Foreign interference in our democ- who are coming before the House challenging to our friends on the other racy has posed a grave threat to our against the President, the House Re- side. Nation since its very founding. James publicans and the President’s team When you think about the fact that Madison wrote that impeachment was were not allowed to cross-examine the opportunity zone legislation sup- an ‘‘indispensable’’ check against a those witnesses. The ability to con- ported by this President is bringing $67 President who would ‘‘betray his trust tradict and/or to cross-examine or have billion of private sector dollars into to foreign powers.’’ a conversation about the evidence at the most vulnerable communities, that The threat of foreign interference re- the foundation of the trial? The White is challenging to the other side, but mains grave and real to this day. It is House counsel and Republicans were those, too, are facts. When you think indisputable that Russia attacked our not allowed. Think about the concept about the essence of criminal justice 2016 election and interfered in it broad- of due process. The House Republicans reform and making communities safer ly. President Trump’s own FBI Direc- and President’s team, were not allowed and having a fairer justice system for tor and Director of National Intel- for 71 of 78 days in the House. This is those who are incarcerated, that is ligence have warned us they are intent

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.050 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S899 on interfering in our election this com- The President’s counsel have warned dents Nixon and Clinton before him, ing fall. us of danger in partisan impeachments. who directed their senior advisers and So, to my Republican colleagues, I They have cautioned that abuse of Cabinet officials to cooperate, Presi- have frankly found it difficult to un- power—the first article—is a difficult dent Trump stonewalled every step of derstand why you would continue to so standard to define. They have ex- this Congress’s impeachment inquiry fervently support a President who has pressed deep concern about an im- and then personally attacked those repeatedly and publicly invited foreign peachment conducted on the brink of who cooperated. The people who testi- interference in our elections. our next Presidential election. fied to the House of Representatives in During his 2016 campaign, Donald I understand those concerns and even spite of the President’s orders are dedi- Trump looked straight into the cam- share some of them. The House man- cated public servants and deserve our eras at a press conference and said: agers, in turn, warned us that our thanks, not condemnation. Russia, if you’re listening, I hope President has demonstrated a perilous you’re able to find Secretary Clinton’s willingness to seek foreign interference Where do we go from here? Well, 30,000 emails. in our elections and presented signifi- after President Clinton’s impeachment We now know with certainty that cant evidence that the President with- trial, he said: ‘‘This can be and must be Russian military intelligence hackers held foreign aid from a vulnerable ally, a time of reconciliation and renewal first attempted to break into Secretary not to serve our national interest but for [our country],’’ and he apologized Clinton’s office servers for the first to attack a political opponent. They for the harm he had done to our Na- time that very day. Throughout his demonstrated the President has cat- tion. campaign, President Trump praised the egorically obstructed congressional in- When President Nixon announced his publication of emails that Russian vestigations to cover up his mis- resignation, he said: ‘‘The first essen- hackers had stolen from his political conduct. These are serious dangers too. tial is to begin healing the wounds of opponent. He mercilessly attacked We, then, are faced with a choice be- this Nation.’’ former FBI Director Robert Mueller tween serious and significant dangers. throughout his investigation into the After listening closely to the evidence, I wish President Trump would use 2016 election and allegations of Russian weighing the arguments, and reflecting this moment to bring our country to- interference. on my constitutional responsibility gether, to assure us he would work to Now we know, following this trial, and my oath to do impartial justice, I make the 2020 election a fair contest; that the day after Special Counsel have decided today I will vote guilty on that he would tell Russia and China to Mueller testified about his investiga- both articles. stay out of our elections; that he would tion to this Congress, President I recognize that many of my col- tell the American people, whoever his Trump, on a phone call with the Presi- leagues have made up their minds. No opponent might be, the fight will be be- dent of Ukraine, asked for a favor. He matter what decision you have tween candidates, not families; that if asked President Zelensky to announce reached, I think it is a sad day for our he loses, he will leave peacefully, in a an investigation of his chief political country. I myself have never been on a dignified manner; and that if he wins, rival, former Vice President Joe Biden, crusade to impeach Donald Trump, as he will work tirelessly to be the Presi- and he asked for an investigation into has been alleged against all Democrats. dent for all people. a Russian conspiracy theory about that I have sought ways to work across the But at this point, some might sug- DNC server. In the weeks and the aisle with his administration, but in gest it would be hopelessly naive to ex- months since, he has repeated that the years that have followed his elec- pect of President Trump that he would Ukraine should investigate his polit- tion, I have increasingly become con- apologize or strive to heal our country ical opponent and that China should as vinced our President is not just uncon- or do the important work of safe- well. ventional, not just testing the bound- guarding our next election. So that During the trial here, after the House aries of our norms and traditions, but falls to us. managers and President’s counsel made he is at times unmoored. their presentation, Senators had the Throughout this trial, I have heard To my colleagues who have con- opportunity to ask questions. I asked a from Delawareans who are frustrated cluded impeachment is too heavy a question of the President’s lawyers the Senate refused to hear from wit- hammer to wield, if you believe the about a sentence in their own trial nesses or subpoena documents needed American people should decide the fate brief that stated: ‘‘Congress has forbid- to uncover all the facts about the of this President in the next election, den foreigners’ involvement in Amer- President’s misconduct. I have heard what will you do to protect our democ- ican elections.’’ from Delawareans who fear our Presi- racy? What will you do to ensure the I simply asked whether the Presi- dent believes he is above the law and American people learn the truth of dent’s own attorneys believed their cli- that he acts as if he is the law. I have what happened so that they can cast ent, President Trump, agrees with that also heard from Delawareans who just informed votes? Will you cosponsor statement, and they refused to confirm want us to find a way to work together. bills to secure our elections? Will you that he does. And how could they when It is my sincere regret that, with all insist they receive votes on this floor? he has repeatedly invited and solicited the time we have spent together, we Will you express support for the intel- foreign interference in our elections? could not find common ground at all. ligence community that is working to So, to my colleagues: Do you doubt From the opening resolution that set keep our country safe? Will you ensure that President Trump did what he is the procedures for trial adopted on a whistleblowers who expose corruption accused of? Do you doubt he would do party-line basis, the majority leader are protected, not vilified? Will you it again? Do you think for even one refused all attempts to make this a press this administration to cooperate moment he would refuse the help of more open and more fair process. Every with investigations and to allow mean- foreign agents to smear any one of us if Democrat was willing to have Chief ingful accommodations so that Con- he thought it was in his best political Justice Roberts rule on motions to sub- gress can have its power of oversight? interest? And I have to ask: What be- poena relevant witnesses and docu- Why can we not do this together? comes of our democracy when elections ments. Every Member of the opposing Each day of this trial, we have said become a no-holds-barred blood sport, party refused. We could not even forge the Pledge of Allegiance to our com- when our foreign adversaries become a consensus to call a single witness mon Nation. For my Republican our allies, and when Americans of the who has said he has firsthand evidence, friends who have concluded the voters opposing party become our enemies? who is willing to testify and was even should decide President Trump’s fate, Throughout this trial, I have listened preparing to appear before us. to the arguments of the House man- When an impeachment trial becomes we need to do more together to make agers prosecuting the case against meaningless, we are damaged and that possible. Many of my Democratic President Trump and of the arguments weakened as a body, and our Constitu- friends, I know, are poised to do their of counsel defending the President. I tion suffers in ways not easily repaired. very best to defeat President Trump at engaged with colleagues on both sides We have a President who hasn’t turned the ballot box. of the aisle and listened to their posi- over a single scrap of paper in an im- So here is my plea—that we would tions. peachment investigation. Unlike Presi- find ways to work together to defend

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.052 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S900 CONGRESSIONAL RECORD — SENATE February 5, 2020 our democracy and safeguard our next plete the House’s work—what they In Federalist 78, Hamilton wrote: election. We have spent more time to- were asking us to do. ‘‘[L]iberty can have nothing to fear gether here in the last few weeks than The Founders were concerned about from the judiciary alone, but would in the last few years. Imagine if we this very point. Alexander Hamilton have everything to fear from its union dedicated that same time to passing wrote, regarding impeachments: with either of the other departments.’’ the dozens of bipartisan bills that have ‘‘[T]here will always be the greatest If the House managers prevail, the come over from the House that are danger that the decision will be regu- House would have destroyed our con- awaiting action. Imagine what we lated more by the comparative stitutional balance, declaring itself the could accomplish for our States and strength of parties, than by real dem- arbiter of constitutional rights and our country if we actually tackled the onstrations of innocence or guilt.’’ conscripting the Chief Justice to do it. challenges of affordable healthcare and More recently, Congressman JERRY To be clear, the executive branch is ending the opioid crisis, making our NADLER, one of the House managers in not immune from legislative oversight schools and communities safer, and the trial, said: or impeachment and trial, but that bridging our profound disagreements. There must never be a narrowly voted im- cannot come at the expense of con- What fills me with dread, to my col- peachment or an impeachment substantially stitutional rights—certainly not with- leagues, is that each day we come to supported by one of our major political par- out input from the judiciary. After all, this floor and talk past each other and ties and largely opposed by the other. Such since Marbury v. Madison, ‘‘[i]t is em- not to each other and fail to help our an impeachment will lack legitimacy. phatically the duty of the Judicial De- constituents. Last March, Speaker NANCY PELOSI partment to say what the law is.’’ Let me close by paraphrasing our said: ‘‘Impeachment is so divisive to Without this separation, nothing stops Chaplain—Chaplain Black—whose the country that unless there’s some- the House from seeking privileged in- daily prayers brought me great thing so compelling and overwhelming formation under the guise of an im- strength in recent weeks: May we work and bipartisan, I don’t think we should peachment inquiry. together to bring peace and unity. May go down that path, because it divides But the House managers say that no we permit Godliness to make us bold as the country.’’ matter how flimsy the House’s case, if lions. May we see a clear vision of our The Framers knew that partisan im- the Executive tries to protect that in- Lord’s desire for our Nation and re- peachments could lead to impeach- formation constitutionally, that itself member we borrow our heartbeats from ments over policy disagreements. is an impeachable offense. That dan- our Creator each day. Legal scholars like Charles Black have gerous precedent would weaken the The PRESIDING OFFICER. The Sen- written that policy differences are not stability of government—constantly ator from Colorado. grounds for impeachment. But policy threatening the President with re- Mr. GARDNER. Mr. President, over differences about corruption and the moval and setting the stage for a con- the last several months and last sev- proper use of tax dollars are at the stitutional crisis without recourse to eral weeks, the American people have very heart of this impeachment. Never- the courts. With that precedent set, watched Washington convulse in par- theless, that disagreement led the the separation of powers would simply tisan accusations, investigations, and House to deploy this most serious of cease to exist. Over the 244-year history of our coun- endless acrimony. That division constitutional remedies. try, no President has been removed reached its high watermark as the U.S. The reason the Framers were con- from office. The first Presidential im- Senate carried out the third Presi- cerned about partisan or policy impeachment occurred in 1868. The next dential impeachment trial in our Na- peachments was their concern for the was more than 100 years later. Now, 50 tion’s history. American people. Removing a Presi- We saw, over the last 2 weeks, an im- dent disenfranchises the American peo- percent of Presidents have been impeached in the last 25 years alone. A peachment process that included the ple. For a Senate of only 100 people, to tool so rarely used in the past is now testimony of 17 witnesses, more than do that requires a genuine, bipartisan, being used more frequently. It is a dan- 100 hours of testimony, and tens of national consensus. Here, especially gerous development, and the Senate thousands of pages of evidence, records, only 9 months before an election, I can- stands as the safeguard as passions and documents, which I successfully not pretend the people will accept this grow even more heated. body removing a President who re- fought to make part of the record. I These defective articles and the de- fought hard to extend the duration of ceived nearly 63 million votes without fective process leading to them allow testimony to ensure that each side meeting that high burden. the House to muddy things and claim The House managers’ other argument could be heard over 6 days instead of we are setting a destructive precedent just 4. But what we did not see over the to remove the President—obstruction for the future. last 2 weeks was a conclusive reason to of Congress—is an affront to the Con- Of course, bad cases make bad law. remove the President of the United stitution. The Framers created a sys- The House’s decision to short-circuit States—an act which would nullify the tem of government in which the legis- the investigation—moving faster than 2016 election and rob roughly half the lative, executive, and the judiciary are any Presidential impeachment ever, country of their preferred candidate for evenly balanced. The Framers con- and a wholly partisan one at that—cer- the 2020 elections. sciously diluted each branch’s power, tainly makes for a bad case. House managers repeatedly stated making all three separate but equal So, again, let me be clear about what that they had established ‘‘over- and empowered to check each other. this precedent does not do. At the out- whelming evidence’’ and an ‘‘airtight’’ The obstruction charge assumes the set, this case does not set the prece- case to remove the President. Yet they House is superior to the executive dent that a President can do anything also repeatedly claimed they needed branch. In their zeal, the House man- as long as he believes it to be in his additional investigation and testi- agers would disempower the judiciary electoral interest. I also reject the mony. A case cannot be both ‘‘over- and demand that the House’s interpre- claim that impeachment requires whelming’’ and ‘‘airtight’’ and yet in- tation of the sole power of impeach- criminal conduct. Rather, this shows, complete at the same time. That con- ment be accepted by the Senate and first, that House committees cannot tradiction is not mere semantics. the other branches without question. simply assume the impeachment power In their partisan—their partisan— They claim no constitutional privilege to compel evidence without express au- race to impeach, the House failed to do exists to protect the executive branch thority from the full body and cor- the fundamental work required to against the legislature seeking im- responding political accountability. prove its case, to meet the heavy bur- peachment. They go further and claim Second, the House should work in den. For the Senate to ignore this defi- that a single Justice—a single Jus- good faith with the Executive through ciency and conduct its own investiga- tice—exercising the Senate’s sole the accommodation process. If that tion would weaponize the impeachment power to try impeachments, can actu- process reaches an impasse, the House power. A House majority could simply ally strip the executive of its constitu- should seek the assistance of the judi- short-circuit an investigation, im- tional protections with a simple de- cial branch before turning to impeach- peach, and demand the Senate com- cree. ment.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.053 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S901 Finally, when Articles of Impeach- But today, and throughout this stunning. The President argues that we ment come to the Senate along par- ‘‘trial,’’ we are failing this test and cannot convict him because abuse of tisan lines, when nearly half of the peo- witnessing the very worst of the mod- power is not impeachable. He can abuse ple appear unmoved and maintain ada- ern Senate. After being confronted his power to benefit his re-election, and mant support for the President and with overwhelming evidence of a bra- engage in improper quid pro quos, so when the country is just months away zen abuse of executive power, and an long he believes his re-election is in from an election, in these cir- equally brazen attempt to keep that the national interest. King Louis XIV cumstances, the American people scheme hidden from Congress and the of France—who famously declared ‘‘I would likely not accept removing the American people, the Senate is poised am the State’’—might approve of that President, and the Senate can wisely to look the other way. To simply move reasoning, but the Senate should con- decline to usurp the people’s power to on. To pretend the Senate has no re- demn it. The President and his attor- elect their own President. sponsibility to reveal the President’s neys even argue that a president may It has been said in this trial that the misconduct and, God forbid, hold him welcome and even request foreign gov- American people cannot make that de- to account. ernments to ‘‘dig up dirt’’ on their op- cision for themselves. I couldn’t dis- Indeed we are being told the Senate ponents with impunity. Yet not only agree more. I believe in the American has no constitutional role to play, and are such requests illegal, they violate people. I believe in the power of our only the American people should judge the very premise of our democracy— people to evaluate the President, to the President’s misconduct in the next that American elections are decided make their decision in November, and election. This is despite the Senate’s only by Americans. to move forward in our enduring effort constitutionally-mandated role, and The Senate should flatly reject the to form a more perfect union. I do not despite the fact that the President’s President’s brazen and dangerous argu- believe a Senate nullification of two scheme was aimed at cheating in that ments. But an acquittal today will do elections over defective Impeachment very election. And now the Senate is the opposite. If you believe that the Articles is in the Nation’s best inter- cementing a cover-up of the President’s President’s outlandish arguments are est. misconduct, to keep its extent hidden irrelevant after today, and will have no So let’s move forward with the peo- from the American people. How, then, lasting impact on our democracy, re- ple’s business and bring this Nation will the American people be equipped member this: The President’s counsel’s back together. Let’s rise up together, to judge the President’s actions? How claim that abuse of power is not im- not fight each other. Not all of us far the Senate has fallen. peachable is largely—and mistakenly— voted for President Trump. Not all of In some ways, President Nixon’s mis- based on the argument of another us voted for the last President or the conduct—directing a break-in of the counsel, Justice Benjamin Curtis, de- one before him. Yet we should work to Democratic National Committee head- fending another president from im- make our Nation successful regardless quarters to benefit himself politi- peachment, President Johnson. That of partisan passions. Passion, posi- cally—seems quaint compared to what was 150 years ago. tively placed, will provide our Nation we face today. As charged in Article I, What we do today will set a weighty with the prosperity it has always been President Trump secretly directed a precedent. An acquittal today—despite blessed with. Partisan poison will sweeping, illegal scheme to withhold the overwhelming evidence of guilt, prove devastating to our Nation’s long- $400 million in military aid from an and following a sham of a trial—may term prosperity. ally at war in order to extort that ally fundamentally, and perhaps irrep- We must not allow our fractures to destroy our national fabric or partisan- into announcing investigations of his arably, distort our system of checks ship to destroy our friendships. If we political opponent to boost his re-elec- and balances for another 150 years. And what a sham trial it was. The come together, we will succeed to- tion. Then, instead of hiding select in- fact that this body would not call a gether, for surely we are bound to- criminating records, as President uniquely critical witness who has de- gether in this, the great United States Nixon did, President Trump attempted clared his willingness to testify, John of America. to hide every single record from the I yield the floor. American people. As reflected in Arti- Bolton, is beyond outrageous. And The PRESIDING OFFICER. The Sen- cle II, President Trump has the distinc- why? To punish the House for not tak- ator from Vermont. tion of being the only president in our ing years to first litigate a subpoena Mr. LEAHY. Mr. President, I entered nation’s history to direct all executive and then litigate every line of testi- the Senate in the wake of Watergate in branch officials not to cooperate with a mony? Or is it because testimony de- 1975, a time when the American peo- congressional investigation. tailing this corrupt scheme, no matter ple’s faith in our institutions was pro- I want to be clear: I did not relish the how damning, would not alter the Ma- foundly shaken. The very first vote I prospect of an impeachment trial. I jority Leader’s pre-ordained acquittal? cast was in favor of creating the Select have stark disagreements with this The Senate had a constitutional obli- Committee to Study Government Oper- President on issues of policy and the gation to try this impeachment impar- ations with Respect to Intelligence Ac- law, on morality and honesty. But it is tially. Yet the Senate willfully blinded tivities and the Rights of Americans— for the American people to judge a itself to evidence that will soon be re- that is, the Church Committee. president on those matters. Today is vealed. Senate Republicans even de- Through that Committee’s work, the not about differences over policy. It is feated a motion merely to consider and American public soon learned of years about the integrity of our elections, debate whether to seek critical docu- of abuses that had occurred at the and it is about the Constitution. ments and key witnesses. The notion hands of the executive branch’s intel- The Constitution cannot not protect that the Senate could retain the title ligence agencies. In response, the Sen- itself. During this trial, the words of of the ‘‘world’s greatest deliberative ate passed sweeping reforms to rein in Washington, Madison, Jefferson, Ham- body’’ following this charade rings hol- this overreach. In many ways, this rep- ilton, and Lincoln have frequently been low. resented the best of the Senate: we invoked on behalf of our Constitution. It is often said that history is watch- came together across party lines to Now it is our turn to record our names ing. I expect that’s true. But in this thoroughly investigate, and ultimately in defense of our democracy. moment we are not merely witnesses curb, gross executive branch abuses. In Federalist No. 65, Alexander Ham- to history—we are writing it. It is ours The Senate has never been perfect. ilton described impeachment as the to shape. And let me briefly describe And much has changed in the 45 years remedy for ‘‘the abuse or violation of the dark chapters we are inscribing in I have served in this body. Yet today some public trust.’’ Although that defi- the story of our republic today. we face a similar test: whether the nition has guided the nation for 230 In his farewell address, George Wash- Senate, in the face of egregious mis- years, President Trump’s counsels ington warned us that ‘‘foreign influ- conduct directed by the President him- would have us rely on a very different ence is one of the most baneful foes of self, will rise again to serve as the definition. republican government.’’ Yet, as a can- check on executive abuses our Found- The central arguments presented by didate, President Trump famously re- ers intended us to be. the President’s defense team were quested that Russia hack his political

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.055 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S902 CONGRESSIONAL RECORD — SENATE February 5, 2020 opponent’s emails. Hours later, Russia to extract a personal favor, what would us here knows. But we all know our de- did. The President then weaponized stop him from freezing disaster aid to mocracy has been indelibly altered. Russia’s criminal influence campaign, states hit by hurricanes and flooding The notion that the President has which resulted in an investigation that until governors or home state senators learned his lesson is farcical. The uncovered a morass of inappropriate agree to endorse him? What would stop President’s lead counsel opened and contacts with Russians, lies to cover any future president from holding any closed this trial by claiming the Presi- them up, multiple instances of the part of the $4.7 trillion budget hostage dent did nothing wrong. The President President’s obstruction of justice, and to their personal whims? The answer is himself describes his actions as ‘‘per- 37 other indictments and convictions. nothing. We will have relinquished the fect.’’ On 75 separate occasions, includ- Yet, after the saga concluded, the very check that the Founders en- ing yesterday, he’s claimed he’s done President felt liberated. Literally the trusted to us to ensure a president nothing wrong. Lord help us if the Sen- day after Special Counsel Robert could never behave like a king. ate agrees. The only lesson the Presi- Mueller testified, the President asked The President’s defense team also ardent has learned from this trial is how the Ukrainian president ‘‘for a favor.’’ gued that impeachment is inappro- easily he can get away with egregious, He has since publicly repeated his re- priate unless it is fully bipartisan. Dec- illegal misconduct. quest for Ukraine to intervene in our ades ago, I questioned whether an im- If the Senate does not recognize the election, and made the same request to peachment would be accepted if not bi- gravity of President Trump’s ‘‘viola- China, on national television. partisan. But this argument has re- tion of the public trust,’’ and hold him All of us must ask: If we acquit vealed itself to be painfully flawed. In accountable, we will have seen but a President Trump today, what will he 1974, Republicans ultimately convinced preview of what is to come. Foreign in- do tomorrow? None of us knows. But President Nixon to resign; in 1999, terference in our elections. Total non- two things I am confident of: President Democrats condemned President Clin- compliance with lawful congressional Trump’s willingness to abuse his office, ton’s private misconduct and supported oversight. Disregard of our constitu- and his eagerness to exploit foreign in- a formal censure. In contrast, with one tional power of the purse. Open, fla- terference in our elections, will only important exception, President grant corruption. I fear there is no bot- grow. And, crucially, Congress’s capac- Trump’s supporters have thus far tom. ity to do anything about it will be crip- shown no limits in their tolerance of This is the tragic result of the Senate pled. overwhelming misconduct; they even failing its constitutional duty to hold a While the President’s lawyers stood chased out of their party a Congress- real trial. We will leave President on the Senate floor and admonished man who stood up to the President. In- Trump ‘‘sacred and inviolable’’ and the House Managers for failing to liti- deed, a prerequisite for membership in with ‘‘no constitutional tribunal to gate each subpoena in court to exhaus- the Republican Party today appears to which he is amenable; no punishment tion, he had other lawyers in court be the belief that he can do no wrong. to which he can be subjected without making the mutually exclusive argu- Under this standard, claiming that involving the crisis of a national revo- ment that Article III courts have no ju- President Trump’s impeachment would lution.’’ As Hamilton warned over two risdiction to settle disputes between only be valid if it were supported by his centuries ago, that is not a president; our two branches. Such duplicity would most unflinching enablers renders the that is a king. I, for one, will not mere- put the two-faced Roman God Janus to impeachment clause null and void. ly ‘‘get over it.’’ shame. Meanwhile, the President’s De- That said, I do understand the im- I have listened very carefully to both partment of Justice claims not only mense pressure my Republican friends sides over the past two weeks. The that President Trump cannot be in- are under to support this President. I record has established, leaving no dicted while in office, he cannot even know well how much easier it is for me doubt in my view, that President be investigated. to express my disgust and disappoint- Trump directed the most impeachable, But don’t worry, the President’s law- ment that the President has proven corrupt scheme by any president in yers promise us, the President is still himself so unfit for his office. That is this country’s history. To protect our not above the law because Congress can one reason why I feel it is important to constitutional republic, and to safe- hold him in check through our con- make a commitment right now. If any guard our government’s system of firmation power and power of the president, Republican or Democrat, checks and balances, my oath to our purse. Neither would come close to uses the power of his or her office to Constitution compels me to hold the checking a lawless executive. It is well extort a foreign nation to interfere in President of the United States ac- known that the President has effec- our elections to do the president’s do- countable. tively stopped nominating senior offi- mestic political bidding, I will support I will vote to convict and remove cials in his administration. He has now their impeachment and removal. It is President Donald J. Trump from office. set a modern record for acting cabinet wrong, no matter the party. And we all Mr. President, I yield the floor. secretaries. The President has said should say so. The PRESIDING OFFICER (Mr. COT- that he prefers having acting officials, Before I close, I want to thank the TON). The Senator from Alabama. who bypass Senate scrutiny, because brave individuals who shared their tes- Mr. SHELBY. Mr. President, over the they are easier to control. timony with both the House of Rep- past 2 weeks, my colleagues and I have More crucially, with this vote today, resentatives and American people. patiently listened to arguments from we inflict grave damage on our power Each of these witnesses served this both the House managers and the of the purse. I am the Vice Chairman of President in his administration. And President’s counsel right here in the Appropriations, a Committee on which they have served their country. They Senate regarding a grave allegation I have served for 40 years. Members of witnessed misconduct originating in from the House that the President has this Committee not only write the the highest office in world, and they committed an act worthy of impeach- spending bills, they are the guardians spoke up. They did not hide behind the ment. of this body’s power of the purse, President’s baseless order not to co- As a Senator, I believe that the first granted exclusively to Congress by the operate. Most knew that by stepping and perhaps most important consider- Founders to counter ‘‘all the over- forward they would be attacked by the ation is whether abuse of power and ob- grown prerogatives of the other President and some of his vindictive struction of Congress are impeachable branches.’’ The Framers, having bro- defenders. Yet they came forward any- offenses as asserted by our House man- ken free from the grip of a monarchy, way. We owe them our enduring appre- agers. feared an unchecked executive who ciation. They give me hope for tomor- Impeachment is a necessary and es- would use public dollars like a king: as row. sential component of our Constitution. a personal slush fund. Yet this is pre- Yet today is a dark day for our de- It serves as an important check on cisely what President Trump has done. mocracy. And what frightens me most civil officers who commit crimes If we fail to hold President Trump ac- is this: We are currently on a dan- against the United States. However, countable for illegally freezing con- gerous road, and no one has any idea our Founding Fathers were wise to en- gressionally appropriated military aid where this road will take us. Not one of sure that the impeachment and the

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.011 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S903 conviction of a sitting President would ers, in their wisdom, cautioned us defend the Constitution of the United not be of partisan intent. Since Presi- against this dangerous path, and I be- States. A trial of impeachment, more dent Trump took office, many have lieve the Senate will heed their warn- than any other Senate assignment, sought to delegitimize his Presidency ing. tests the oath each one of us takes be- with partisan attacks. We have heard The other article, the House man- fore the people of this Nation. this right here in the Senate, and we agers’ obstruction of Congress claim, is The President’s legal team warns us have experienced it. This extreme ef- similarly flawed. Congress’s investiga- of the danger of impeachment and con- fort to unseat the President, I believe, tive and oversight powers are critical viction. They tell us to think carefully is unjustified and intolerable. tools, and we use them in ensuring our about what the removal of a duly elect- Now that the Senate has heard and system of checks and balances. But ed President could mean for our de- studied the arguments from both sides, those powers are not absolute. mocracy. But if we should have our I believe the lack of merit in the House The President, too, as head of a co- eyes wide open to the danger of convic- managers’ case is evident. The outcome equal branch of government, enjoys tion, we also cannot ignore the danger of the impeachment trial is a foregone certain privileges and immunities from of acquittal. The facts of this impeach- conclusion. Acquittal is the judgment congressional factfinding. That is his ment are well known, and many Repub- the Senate should and, I believe, will constitutional right and has been the licans concede that they are likely render—and soon. right of former Presidents from both true. They believe as I do, that Presi- For my part, I have weighed the parties. The President’s mere assertion dent Trump pressured the Ukrainian House managers’ case and found it of privileges and immunities is not an President by withholding vital mili- wanting in fundamental aspects. I will impeachable offense. Endorsing other- tary aid and a prized White House visit try to explain. wise would be unprecedented and would in return for the announcement of an I believe that their case does not al- ignore the past practices of administra- investigation of the Bidens and the lege an impeachable offense. Even if tions of both parties. Adopting other- Russian-concocted CrowdStrike fan- the facts are as they have stated, the wise would drastically undermine the tasy. managers have failed, I believe, as a separation of powers enshrined in our Some of these same Republicans ac- matter of constitutional law, to meet Constitution. knowledge that what the President did the exceedingly high bar for removal of This was not what our Framers in- was ‘‘inappropriate.’’ At least one has the President as established by our tended. Nowhere in the Constitution or used the word ‘‘impeachable.’’ But Founding Fathers, the Framers of the in the Federal statute is abuse of power many say they are still going to vote Constitution. or obstruction of Congress listed as a to acquit him regardless. So let’s open In their wisdom, the Framers re- crime—nowhere. What constitutes an our eyes to the morning after a judg- jected vague grounds for impeach- impeachable offense is not left to the ment of acquittal. Facing a well-estab- ment—offenses like we have heard discretion of the Congress. We cannot lished election siege by Russia and here, ‘‘maladministration’’—for fear expand, I believe, on the scope of ac- other enemies of the United States, we, that it would, in the words of Madison, tions that could be deemed impeach- the Senate, will have absolved a Presi- result in a Presidential ‘‘tenure during able beyond that which the Framers in- dent who continues to brazenly invite [the] pleasure of the Senate.’’ tended. foreign interference in our elections. ‘‘Abuse of power,’’ one of the charges What we really have here, I believe, Expect more of the same. put forward here by the House man- is nothing more than the abuse of the A majority of this body will have agers, is a concept as vague and suscep- power of impeachment itself by the voted for the President’s argument tible to abuse, I believe, as ‘‘maladmin- Democratic House. Doesn’t our country that inviting interference by a foreign istration.’’ If you take just a minute or deserve better? The President certainly government is not impeachable if it two to look at the definitions of deserves better. serves the President’s personal polit- ‘‘abuse’’ and ‘‘mal,’’ they draw distinct Today I am proud to stand and repu- ical interests. similarities. ‘‘Mal,’’ a prefix of Latin diate those very weak impeachment ef- We will also have found for the first origin, means bad, evil, wrong. forts, and I will accordingly vote to ac- time in the history of this Nation that ‘‘Abuse,’’ also of Latin origin, means to quit the President on both articles. an impeachment proceeding in the Sen- wrongly use or to use for a bad effect. My hope is that, in the future, Con- ate can be conducted without any di- There is a kinship between ‘‘mal’’ and gress will reject this episode and, in- rect witnesses or evidence presented on ‘‘abuse.’’ stead, choose to be guided by the Con- either side of the case and that a Presi- As the Framers rejected in their wis- stitution and the words from our dent facing impeachment can ignore dom ‘‘maladministration,’’ I believe Framers. subpoenas to produce documents or that they, too, would reject the non- Basically, I believe it is a time to witnesses to Congress. criminal ‘‘abuse of power.’’ Instead, the move on. We know that the American Alexander Hamilton described the Framers, as the Presiding Officer economy is booming. The United Senate as the very best venue for an knows, provided for impeachment only States is projecting strength and pro- impeachment trial because it is ‘‘inde- in a few limited cases: treason, bribery, moting peace abroad. The President is pendent and dignified,’’ in his words. and high crimes and misdemeanors. unbowed. I believe the American people When the Senate voted 51 to 49 against Only those offenses justify taking the see all of this. At the end of the day, witnesses and evidence, those 51 raised dire step of removing a duly elected the ultimate judgment rests in their into question any claim to independ- President from office and permanently hands. In my judgment, that is just as ence or dignity. taking his name off the ballot. it should be. In addition, an acquittal will leave This institution, the U.S. Senate, I I yield the floor. the extreme views stated by the Presi- believe, should not lower the constitu- The PRESIDING OFFICER. The as- dent’s defense counsel Alan Dershowitz tional bar and authorize their theory of sistant Democratic leader. unchallenged: first, that abuse of power impeachment for abuse of power. It is Mr. DURBIN. Mr. President, Ben- is not an impeachable offense; second, simply not an impeachable offense, in jamin Franklin knew the strength of that the impeachment charges against my judgment. Their criteria for re- our Constitution, but he also knew its the President were constitutionally in- moval centers not on the President’s vulnerability. His words, oft repeated sufficient; and, third, his most dan- actions but on their loose perception of on this floor—‘‘a republic, if you can gerous theory, that unless the Presi- his motivations. If the Senate endorses keep it’’—were a stark warning. Frank- dent has committed an actual crime, this approach, we will dramatically lin believed every generation could his conduct cannot be corrupt or im- transform the impeachment power as face the challenge of protecting and de- peachable as long as he believes it was we have known it over the years. We fending our Nation’s liberty-affirming necessary for his reelection. will forever turn this grave constitu- document. By this logic, Professor Dershowitz tional power into a tool for adjudi- We know this personally. Before we would have excused Richard Nixon’s or- cating policy disputes and political dis- can legally serve as Senators, we must dering of IRS audits of his political en- agreements among all of us. The Fram- publicly swear an oath to support and emies. Mr. Dershowitz has created an

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.056 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S904 CONGRESSIONAL RECORD — SENATE February 5, 2020 escape clause to impeachment, which Andrew Johnson charged non-criminal mis- public interest, that cannot be the kind of is breathtaking in its impact and un- conduct. The first and second articles of im- quid pro quo that results in his impeach- founded in our legal history. We have peachment against President Richard Nixon ment.’’ It is true that merely because a all received a letter signed by nearly approved by the House Judiciary Committee president makes a policy choice he believes allege both criminal and non-criminal con- will have beneficial political effects, that 300 constitutional law scholars flatly duct, and the third alleges non-criminal ob- choice is not necessarily impeachable. How- rejecting the arguments offered by the struction of Congress. Indeed, the Nixon ever, if a President employs his powers in a President’s defense team. House Judiciary Committee issued a report way that cannot reasonably be explained ex- I ask unanimous consent to have in which it specifically rejected the conten- cept as a means of promoting his own reelec- printed in the RECORD the scholars’ let- tion that impeachable conduct must be tion, the president’s private conviction that ter. criminal. his maintenance of power is for the greater There being no objection, the mate- The consensus of scholarly opinion is that good does not insulate him from impeach- rial was ordered to be printed in the impeachable conduct does not require proof ment. To accept such a view would be to give RECORD, as follows: of crime. the president carte blanche to corrupt Amer- ABUSE OF POWER IS AN IMPEACHABLE HIGH ican electoral democracy. JANUARY 31, 2020. Distinguishing between minor misuses of TO THE UNITED STATES SENATE: The sig- CRIME AND MISDEMEANOR It has been suggested that abuse of power presidential authority and grave abuses re- natories of this letter are professors of law quiring impeachment and removal is not an and scholars of the American constitution is not an impeachable high crime and misdemeanor. The reverse is true. The British exact science. That is why the Constitution who write to clarify that impeachment does assigns the task, not to a court, but to Con- not require proof of crime, that abuse of Parliament invented impeachment as a legislative counterweight to abuses of power by gress, relying upon its collective wisdom to power is an impeachable offense, and that a assess whether a president has committed a president may not abuse the powers of his of- the Crown and its ministers. The American Framers inserted impeachment into our con- ‘‘high crime and misdemeanor’’ requiring his fice to secure re-election, whatever he may conviction and removal. believe about how beneficial his continuance stitution primarily out of concern about SIGNATORIES in power is to the country. presidential abuse of power. They inserted Frank O. Bowman, III; Michael Gerhardt; IMPEACHABLE CONDUCT DOES NOT REQUIRE the phrase ‘‘high crimes and misdemeanors’’ Laurence H. Tribe; Brenda Wineapple; Tim- PROOF OF ANY CRIME into the definition of impeachable conduct in order to cover non-criminal abuses of power othy Naftali; Neal Kumar Katyal; Pamela S. Impeachment for ‘‘high Crimes and Mis- of the type charged against Warren Hastings. Karlan; Noah Feldman; Jack M. Balkin; demeanors’’ under Article II of the U.S. Con- As Edmund Randolph observed at the Con- David A. Strauss; Martha Minow; Geoffrey stitution does not require proof that a presi- stitutional Convention, ‘‘the propriety of im- R. Stone; Walter Dellinger; Charles Fried; dent violated any criminal law. The phrase peachments was a favorite principle with Erwin Chemerinsky. ‘‘high Crimes and Misdemeanors’’ is a term him’’ because ‘‘[t]he Executive will have Paul Butler; Ralph G. Steinhardt; Dawn of art consciously adopted by the drafters of great opportunities of abusing his power.’’ In Johnsen; Sanford Levinson; John Mikhail; the American constitution from Great Brit- Federalist 65, Hamilton defined ‘‘high crimes Michael C. Dorf; Julie R. O’Sullivan; ain. Beginning in 1386, the term was fre- and misdemeanors’’ as ‘‘those offenses which Girardeau A. Spann; Richard Primus; Corey quently used by Parliament to describe the proceed from the misconduct of public men, Brettschneider; Victoria Nourse; Robin West; wide variety of conduct, much of it non- or, in other words, from the abuse or viola- Abbe Smith; James V. Feinerman; Jane M. criminal abuses of official power, for which tion of some public trust.’’ Spinak, Esq. British officials were impeached. This understanding has often been ex- Peter L. Strauss; Jeffrey Fagan; Ira C. The phrase ‘‘high crimes and mis- pressed in the ensuing centuries. For exam- Lupu; David C. Vladeck; Eric M. Freedman; demeanors’’ was introduced into the Amer- ple, in 1926, the House voted to impeach U.S. Carol L. Chomsky; Jennifer Taub; Naomi R. ican constitution by George Mason, who ex- District Judge George English. The Judici- Cahn; Stephen I. Vladeck; Jed Shugerman; plained the necessity for expanding impeach- ary Committee report on the matter re- Ilya Somin; Michael Diamond; Paul Litton; ment beyond ‘‘treason and bribery’’ by draw- viewed the authorities and concluded: Charles G. Geyh; Prof. Joshua Schwartz. ing his colleagues’ attention to the ongoing Thus, an official may be impeached for of- Alan B. Morrison; Deborah Epstein; Dale parliamentary impeachment trial of Warren fenses of a political character and for gross A. Whitman; Rodney J. Uphoff; Barry Fried- Hastings. Hastings was charged with a long betrayal of public interests. Also, for abuses man; Greer Donley; Justin Levitt; Barbara list of abuses of power that his articles of or betrayals of trusts, for inexcusable neg- A. Atwood; Daniel J. Steinbock; Samantha impeachment labeled ‘‘high crimes and mis- ligence of duty [or] for the tyrannical abuse Buckingham; Maxwell Stearns; Lauren E. demeanors,’’ but which even his chief pros- of power. Willis; Kirsten Matoy Carlson; Steven Alan ecutor, Edmund Burke, admitted were not Two of the three prior presidential im- Childress; Liz Ryan Cole. prosecutable crimes. On George Mason’s mo- peachment crises have involved charges of Florence Wagman Roisman; Margo Kaplan; tion, the Philadelphia convention wrote into abuse of power. The eleventh article of im- Mark A. Graber; Sally Goldfarb; Carli N. our constitution the same phrase Parliament peachment against President Andrew John- Conklin; Kandice Johnson; Jeffrey O. Cooper; used to describe Hastings’ non-criminal mis- son alleged that he abused his power by at- John Lande; Mary M. Beck; Benjamin G. conduct. tempting to prevent implementation of re- Davis; Randy Diamond; Melanie DeRousse; No convention delegate ever suggested construction legislation passed by Congress Gerald S. Dickinson; Laura Rovner; J. Amy that impeachment be limited to violations of in March 1867, and thus violated Article II, Dillard; Martha Albertson Fineman; Nancy criminal law. Multiple founders emphasized Section 3, of the constitution by failing to Ota; Ann F. Thomas. the need for impeachment to extend to plain- ‘‘take care that the laws be faithfully exe- Prof. Dr. Jennifer A. Drobac; Cynthia ly non-criminal conduct. For example, cuted.’’ The second article of impeachment Matson Adams; Denise Platfoot Lacey, Esq.; James Madison and George Nicholas said against Richard Nixon charged a litany of David A. Fischer; Ann E. Freedman; Michael that abuses of the pardon power should be abuses of presidential power, including A. Middleton; S. David Mitchell; Lance impeachable. Edmund Randolph believed ‘‘interfering with agencies of the Executive Gable; Julie Goldscheid; Stuart Green; Alan that violation of the foreign emoluments Branch.’’ K. Chen; Christopher Hawthorne. clause would be. Even if no precedent existed, the constitu- Joshua Aaron Jones, JD, LL.M.; David R. Thus, Alexander Hamilton’s famous obser- tional logic of impeachment for abuse of Katner; Nicole B. Godfrey; Stefan H. Krieger; vation in Federalist 65 that impeachable of- presidential power is plain. The president is Sarah Lamdan; Laurie L. Levenson; Ann E. fenses ‘‘are of a nature which may with pecu- granted wide powers under the constitution. Tweedy; Caroline Mala Corbin; Nicole K. liar propriety be denominated POLITICAL, The framers recognized that a great many McConlogue; David S. Cohen; Perry Dane; as they relate chiefly to injuries done imme- misuses of those powers might violate no Stephen Meili. diately to the society itself’’ was not merely James May; Nancy Ota; Catherine J. Ross; law, but nonetheless pose immense danger to an advocate’s rhetorical flourish, but a well- April Dawson; Professor Laura J. Hines; the constitutional order. They consciously informed description of the shared under- Jane C. Murphy; John T. Nockleby; Pro- rejected the idea that periodic elections were standing of those who wrote and ratified the fessor Nancy Levit; Jonathan Oberman; a sufficient protection against this danger Constitution. Michele Gilman; Katherine A. Pe´rez; Ste- Since ratification, one senator and mul- and inserted impeachment as a remedy. The consensus of scholarly opinion is that phen Loffredo; William D. Rich. tiple judges have been impeached for non- Joyce Saltalamachia; Dveera Segal; Liz abuse of power is an impeachable ‘‘high criminal behavior. The first federal official Ryan Cole; Ann Shalleck; Kate Shaw; Earl crime and misdemeanor.’’ impeached, convicted, and removed for ‘‘high Singleton; Keith Werhan; Mary B. Culbert; crimes and misdemeanors’’ was Judge John A PRESIDENT MAY NOT ABUSE HIS POWERS OF Robert Calhoun; Christine Minhee; Nancy Pickering, whose offenses were making bad OFFICE TO SECURE HIS OWN RE-ELECTION Chi Cantalupo; Professor Steven Zeidman; legal rulings, being drunk on the bench, and Finally, one of President Trump’s attor- Kathleen Kim; Professor Lisa Kelly; Alan taking the name of the Supreme Being in neys has suggested that so long as a presi- Saltzman. vain. dent believes his re-election is in the public Prof. Karl Manheim; Jeffrey M. Feldman; Among presidents, the tenth and eleventh interest, ‘‘if a president did something that Leah M Litman; Elliott Milstein; Prof. Debo- articles of impeachment against President he believes will help get him elected, in the rah A Ramirez; Stacy Hawkins; Jeffrey T.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.058 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S905 Renz; Mary Crossley; Barbara S. Barron; Ira More than anything, a verdict of ac- And to those of my colleagues who P. Robbins; Clark B. Lombardi, JD, PhD; quittal says a majority of the Senate describe the President’s conduct as Penny M. Venetis; Michael Lawrence; Jo- believes this President is above the law merely ‘‘inappropriate,’’ I disagree. anna L. Grossman; Theo Liebmann. and cannot be held accountable for Disparaging John McCain’s service to Paul L. Tractenberg; Mikah K. Thompson; Professor Vernon Valentine Palmer; Barbara conduct abusing the powers of his of- our country is disgusting and inappro- Stark; Anya Bernstein; Ruti Teitel; William fice. And make no mistake, this Presi- priate. What this President has done to D. Araiza; Lauren Gilbert, Esq.; Christopher dent believes that is true. Ukraine crosses that line. It is im- E. Czerwonka; James May; Kimberly West- On July 23—2 days before his phone peachable. Faulcon; Natalie Gomez-Velez; Phyllis Gold- call with President Zelensky—Presi- I will close by remembering two pub- farb; Rachel Van Cleave; Arnold Rochvarg; dent Trump spoke to a group of young lic servants who, like us, were called Lindsey Webb. supporters and he said: ‘‘I have an Arti- by history to judge a President. Tom Ethan J. Leib; Carlton F.W. Larson; Nat- cle II, where I have the right to do Railsback passed away as this im- alie M. Chin; Heidi K. Brown; Elizabeth whatever I want as president.’’ peachment proceeding began. He was 2 McCormick; Bernard P. Perlmutter, Esq.; This is the dangerous principle that Robert St. Martin Westley; John Burkoff; days shy of his 88th birthday. I knew David Rudenstine; Inge M. Van der Cruysse; President Trump and his lawyers are Tom. I considered him a friend. James Levin; Babe Howell; Robert Knowles; asking us, with a verdict of acquittal, In 1974, Tom was a Republican Con- Yvonne Lindgren; Mae Kuykendall. to accept. Under the oath I have sworn, gressman from Moline, IL, and a mem- Marie A. Failinger; Katherine Mattes; Re- I cannot. ber of the House Judiciary Committee. becca L. Brown; David B. Cruz; Christoph What does it say of this Congress and He regarded President Nixon as a polit- Henkel; Jim Rowan; Elizabeth B. Cooper; our Nation that in 3 years, we have be- ical friend. He believed that Richard Debra Bechtel; Cornell Clayton; Paul Barron; come so anesthetized to outrage that, Allie Robbins; Wanda M. Temm; Jean C. Nixon had achieved much for America, for a majority in this Senate, there is including the opening of the door to Love; Rosemary Salomone; Rachel Vorspan; nothing—nothing—this President can Beryl Blaustone. China. Susan Etta Keller; Tom I. Romero, II J.D., do or say that rises to the level of After studying the Watergate evi- Ph.D.; Prof. Dr. Frank Emmert, LL.M., blushworthy, let alone impeachable? dence closely, Congressman Railsback Nearly 6 years ago, I traveled to FCIArb; Kiel Brennan-Marquez; Marcy came to believe that Richard Nixon Ukraine with a bipartisan group of Strauss; David A. Harris; Catherine M. had violated the Constitution. When Senate colleagues led by John McCain. Grosso; Lissa Griffin; Steven Mulroy; Wil- President Nixon refused to turn over liam W. Berry III; Richard D. Friedman; An- It was one of John’s whirlwind visits records and recordings requested by thony M. Dillof; Leslie Rose; Arthur B. where we crammed 5 days’ worth of Congress, Tom Railsback took to the Lafrance; Pamela R. Metzger. meetings into 48 hours. We arrived in House floor to say: ‘‘If the Congress Eric J. Miller; Marianne Wesson; Stephen Kyiv on March 14, 2014. It was bitterly F. Smith; Professor Mark A. Dotson; Donna doesn’t get the material we think we cold. Ukrainians had just ousted a cor- Coker; Janet Dolgin; Lynda G. Dodd, J.D., need and then votes to exonerate, we’ll Ph.D.; David B. Wexler; Prof. Deborah A Ra- rupt, Russian-backed leader who looted the national treasury and hollowed out be regarded as a paper tiger.’’ mirez; Ric Simmons; Matthew R. Hall; Mir- When he voted to impeach President their nation’s military. They had done iam R. Albert; Jennifer A. Gundlach; Mi- Nixon, Tom believed it was probably chael M. O’Hear. so by taking to the streets, risking the end of his career, but he was elect- Robert Westley; Lolita Buckner Inniss; their lives for democracy and a better Margie Paris; Amy T. Campbell; Prof. Bruce future. More than 100 ordinary citizens ed four more times. To his dying day, A. Boyer; Fabio Arcila, Jr.; Michael L. in Kyiv had been killed by security Tom Railsback was proud of his vote. Perlin, Esq.; Vincent M. Southerland; Robert forces of the old government simply be- He voted for his country above his M. Sanger; Cynthia Godsoe; Caren Morrison; cause they were protesting for democ- party. Daniel JH Greenwood; Paula C. Johnson; Mi- Bill Cohen—also a Republican—was a chael H. Hoffheimer. racy. Seeing Ukraine in a fragile demo- freshman Congressman at the time and Jenia I. Turner; Ben Trachtenberg; Cath- a member of the House Judiciary Com- erine Powell; Ruth-Arlene W. Howe; Charisa cratic transition, Vladimir Putin Kiyoˆ Smith, Esq.; Dana Alicia Thompson; pounced on them, ordered an invasion mittee. He studied the evidence with Mark C. Modak-Truran, J.D., Ph.D.; Pro- and occupied Crimea. Putin and his Tom Railsback and then worked with fessor Irma S. Russell; Nicholas W. Allard; thinly disguised Russian thugs were on him to draft Articles of Impeachment. Sarah E. Ricks; Daniel Farber; M. Isabel Me- the verge of seizing Donetsk in the Bill Cohen received death threats, dina; Evan Caminker; Miguel Schor; Nina east. and he thought his votes to impeach Chernoff. I asked the Prime Minister what President Nixon would be the end of his Rashmi Goel; Barbara Ann White; Monica political career. But he went on to a ´ Ukraine needed to defend itself. He Eppinger; Jimmy Gurule; Odeana R. Neal; distinguished career in the House, Gabriel J. Chin; Margaret Montoya, J.D.; said: Anil Kalhan; Rebecca K. Stewart; Anthony Everything. We don’t have anything that three terms in the Senate, and served Paul Farley; Sahar Aziz; Jaya Ramji- floats, flies or runs. as Secretary of Defense. Nogales; Amy Widman; Perry Dane; Maya Many may not appreciate how dev- Listen to what Bill Cohen said re- Manian. astating Russia’s war on Ukraine has cently of President’s Trump’s actions: Amanda Leiter; Paula Galowitz; Jesse A. been to that struggling young democ- This is presidential conduct that you want Goldner; Anthony Paul Farley; Elizabeth racy. Their costly battle with Russia to be ashamed of. He is corrupting institu- Nevins; Rick Wilson; Prof. Jonathan Askin; was for a principle that is really basic tions, politicizing the military, and acts like James R. Maxeiner; Genevieve Byrne; Daniel he is THE law. to America’s national security as well. L. Hatcher; Fred B. Brown; Joseph Pileri; And then Cohen added: David Jaros; Mark N. Aaronson. In a country with one-eighth of our Sonia Gipson Rankin; Richard C. Reuben; population, more Ukrainian troops If [the President’s conduct] is acceptable, Sam Erman; Katy Ramsey; Janet M. Calvo; have died defending Ukraine from Rus- we really don’t have a Republic as we’ve R. Wilson Freyermuth; Sarah Helene Duggin; sia than American troops have perished known it any more. Danaya C. Wright; Charles S. Bobis; Kim D. in Afghanistan. May I respectfully say to my Senate Ricardo; James Gray Pope; Chuck Henson; During the months President Trump colleagues, Ben Franklin warned us of George W. Conk, M.A., J.D. illegally withheld military aid, as this day. Mr. DURBIN. Yet a verdict of acquit- many as two dozen Ukrainian soldiers I will vote guilty on both Articles of tal by the Senate blesses the profes- were killed in battle. By withholding Impeachment against President Donald sor’s torturous reasoning. An acquittal security aid from Ukraine for Presi- John Trump, on article I abuse of verdict would also give President dent Trump’s personal political ben- power and article II obstruction of Con- Trump’s personal attorney Rudy efit, he endangered the security of a gress. But at this moment of high con- Giuliani a pat on the back to continue fragile democracy. stitutional drama, I hope my last his global escapades, harassing Amer- Can there be any deeper betrayal of a words can be a personal appeal to my ican Ambassadors whose service he dis- President’s responsibility than to en- Senate colleagues. trusts, and lounging at European cigar danger our national security and the Last night, many of us attended a bars with an entourage of post-Soviet security of an ally for his own personal State of the Union Address which was amigos. political gain? as emotionally charged as any I have

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.022 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S906 CONGRESSIONAL RECORD — SENATE February 5, 2020 ever attended. As divided as our Nation The Nixon impeachment had outside curred. The Ukrainians did not know of may be and as divided as the Senate counsel, Watergate prosecutors. The the suspension until September. They may be, we should remember America Clinton impeachment had Ken Starr, didn’t feel any pressure. If you are OK has weathered greater storms than this who looked at President Clinton for with Joe Biden and Hunter Biden doing impeachment and our current political years before he brought it to Congress. what they did, it says more about you standoff. The Mueller investigation went on for 2 than it does anything else. The point of It was Abraham Lincoln, in the dark- years. I trusted Bob Mueller. And when the abuse of power article is that you ness of our worst storm, who called on he rendered his verdict, it broke your made it almost impossible now for any us ‘‘to strive on to finish the work we heart. And you can’t let it go. President to pick up the phone, if all of are in, to work to bind the nation’s The only way this is going to end us can assume the worst and impeach wounds.’’ permanently is for the President to get somebody based on this objective After this vote and after this day, reelected. And he will. standard. He was talking about corrup- those of us who are entrusted with this So as to abuse of Congress, it is a tion in the Ukraine with a past Presi- high office must each do our part to wholesale assault on the Presidency; it dent. work to bind the wounds of our divided is abandoning every sense of fairness And the Bidens’ conduct in the nation. I hope we can leave this Cham- that every American has come to ex- Ukraine undercut our ability to effec- ber with that common resolve. pect in their own lives; it is driven by tively deal with corruption by allowing I yield the floor. blind partisanship and hatred of the his son to receive $3 million from the The PRESIDING OFFICER. The Sen- man himself. And they wanted to do it most corrupt gas company in the ator from South Carolina. in 78 days. Why? Because they wanted Ukraine. Can you imagine how the Mr. GRAHAM. Mr. President, let me to impeach him before the election. I Ukrainian Parliamentarian must have just begin with a note of optimism. am not making this up. They said that. felt to be lectured by Joe Biden about You are going to get to pick the next The reason the President never was ending sweetheart deals? President, not a bunch of politicians allowed to go to court and challenge What you have done is impeached the driven by sour grapes. I don’t say that the subpoenas that were never issued is President of the United States and lightly. I didn’t vote for President because the House managers under- willing to remove him because he sus- Trump. I voted for somebody I stood it might take time. President pended foreign aid for 40 days to lever- wouldn’t know if they walked in the Clinton and President Nixon were al- age an investigation that never oc- door. But I accepted the fact that he lowed to go to article III court and con- curred. won. That has been hard for a lot of test the House’s action. That was de- And to my good friend DICK DURBIN, people to do. And it is not like I am nied this President because it would Donald Trump has done more to help above the President being investigated. get in the way of impeaching him be- the Ukrainian people than Barack I supported the Mueller investiga- fore the election. Obama did in his entire 8 years. If you tion. I had Democratic colleagues come And you send this crap over here, and are looking for somebody to help the to me and say: We are afraid he is you are OK with it, my Democratic col- Ukrainian people fight the Russians, going to fire Mueller. Will you stand leagues. You are OK with the idea that how about giving them some weapons? with us to make sure Mueller can com- the President was denied his day in This is a sham. This is a farce. This plete his investigation? And I did—2 court, and you were going to rule on is disgusting. This is an affront to years, $32 million, FBI agents, sub- executive privilege as a political body. President Trump as a person. It is a poenas, you name it. The verdict is in. You are willing to deal out the article threat to the office. It will end soon. What did we find? Nothing. I thought III court because you hate Trump that There is going to be an overwhelming that would be it. much. rejection of both articles. We are going But it is never enough when it comes What you have done is you have to pick up the pieces and try to go for- to President Trump. This sham process weakened the institution of the Presi- ward. is the low point in the Senate for me. dency. Be careful what you wish for be- But I can say this without any hesi- If you think you have done the country cause it is going to come back your tation: I worry about the future of the a good service by legitimizing this im- way. Presidency after what has happened peachment process, what you have Abuse of Congress should be entitled here. Ladies and gentlemen, you will done is unleashed the partisan forces of ‘‘abuse of power by the Congress.’’ If come to regret this whole process. Hell. This is sour grapes. you think ADAM SCHIFF is trying to get And to those who have those pens, I They impeached the President of the to the truth, I have a bridge I want to hope you will understand history will United States in 78 days. You cannot sell you. These people hate Trump’s judge those pens as a souvenir of get a parking ticket, if you contested guts. They rammed it through the shame. it, in 78 days. They gave out souvenir House in a way you couldn’t get a Mr. President, this is my second pens when it was over. parking ticket, and they achieved their Presidential impeachment. My first If you can’t see through that, your goal of impeaching him before the elec- was as a House manager for the im- hatred of Donald Trump has blinded tion. peachment of President Clinton. I be- you to the obvious. This is not about The Senate is going to achieve its lieve President Clinton corruptly inter- protecting the country; this is about goal of acquitting him in February. fered in a lawsuit filed against him by destroying the President. The American people are going to get a private citizen alleging sexual as- There are no rules when it comes to to decide in November whom they want sault and misconduct. It was clear to Donald Trump. Everybody in America to be their President. me that President Clinton tampered can confront the witnesses against Acquittal will happen in about 2 with the evidence, suborned perjury, them, except Donald Trump. Every- hours; exoneration comes when Presi- and tried to deny Paula Jones her day body in America can call witnesses on dent Trump gets reelected because the in court. I believed then and continue their behalf, except President Trump. people of the United States are fed up to believe now that these criminal acts Everybody in America can introduce with this crap. But the damage you against a private citizen by President evidence, except for President Trump. have done will be long-lasting. Clinton were wholly unacceptable and He is not above the law, but you put Abuse of power. You are impeaching should have cost him his job. However, him below the law. In the process of the President of the United States for at the end of the Clinton impeachment, impeaching this President, you have suspending foreign aid for a short pe- I accepted the conclusions of the Sen- made it almost impossible for future riod of time that they eventually re- ate and said that a cloud had been re- Presidents to do their job. ceived ahead of schedule to leverage an moved from the Presidency, and it was In 78 days, you took due process, as investigation that never happened. You time to move on. we have come to know it in America, are going to remove the President of During the Clinton impeachment, I and threw it in the garbage can. This is the United States for suspending for- voted against one Article of Impeach- the first impeachment in the history of eign aid to leverage an investigation of ment that related to lying under oath the country driven by politicians. a political opponent that never oc- regarding his sexual relationship with

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.060 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S907 Monica Lewinsky. While the conduct actively speaking against Candidate alleged corruption and conflicts of in- covered by that article was inappro- Trump and were pulling for former Sec- terest regarding the Bidens and priate, to have made such conduct im- retary of State Clinton. Based on the Burisma. However, I do not find this peachable would have done grave dam- overwhelming amount of evidence of remotely an impeachable offense, and age to the Presidency by failing to rec- inappropriate behavior by the Bidens it would be beneficial for the country ognize that, in the future, the office and statements by State Department as a whole to find ways to deal with will be occupied by flawed human officials about certain Ukrainians’ be- such matters in the future. beings. It was obvious to me that liefs that one American candidate Assuming the facts in the light most President Clinton’s lying under oath would be better than the other, I found favorable to the House managers, that about his relationship with Monica it eminently reasonable for the Presi- for a period of time the aid was sus- Lewinsky, while wrong, was not a high dent to be concerned about Ukraine pended by President Trump to get crime or misdemeanor and that many corruption, election interference, and Ukraine to investigate the Bidens and people in similar circumstances would the behavior of Vice President Biden election interference, I find both arti- be inclined to lie to protect themselves and his son Hunter. It is hard to be- cles fail as nonimpeachable offenses. I and their families. lieve that Vice President Biden was an find this to be the case even if we as- As to the impeachment of President effective messenger for reform efforts sume the New York Times article Trump, I feel compelled to condemn in Ukraine while his son Hunter was about Mr. Bolton is accurate. The the impeachment process used in the receiving $3 million from Burisma, one Ukrainians received the military aid House because I believe it was devoid of of Ukraine’s most corrupt companies. and did not open the requested inves- basic, fundamental due process. The As Professor Dershowitz described, tigation. process used in the House for this im- there are three buckets for examining The abuse of power Article of Im- peachment was unlike that used for allegations of corrupt motive or action peachment is beyond vague and re- Presidents Nixon or Clinton. This im- with regards to impeachment. The first quires a subjective analysis that no peachment was completed within 78 is where there is clearly only a public, Senator should have to engage in. It days and had a spirit of partisanship national benefit, as in the analogy of also represents an existential threat to and revenge that if accepted by the freezing aid to Israel unless it stops the Presidency. Moreover, the obstruc- Senate will lead to the weaponization building new settlements. The second tion of Congress article is literally im- of impeachment against future presi- is the mixed motive category in which peaching the President because he dents. there is a public benefit—in this case, chose to follow the advice of White President Trump was entirely shut the public benefit of exposing the House counsel and the Department of out of the evidence gathering stage in Bidens’ conduct in the Ukrainian en- Justice and he was willing to use con- the House Intelligence Committee, de- ergy sector—and the possibility of a stitutional privileges in a manner con- nied the right to counsel, and the right personal, political benefit as well. The sistent with every other President. to cross-examine and call witnesses. third is where there is clearly a pure This article must be soundly rejected, not only in this case, but in the future. Moreover, the great volume of evidence corrupt motive, as when there is a pe- Whether one likes President Trump or gathered against President Trump by cuniary or financial benefit, an allega- not, he is the President with privileges the House Intelligence Committee con- tion that has not been made against attached to his office. sists of inadmissible hearsay. The President Trump. The House of Representatives, I be- It is obvious to me that, after the House Judiciary Committee impeach- lieve, abused their authority by rush- Mueller report, President Trump ment hearings were, for lack of a bet- ing this impeachment and putting the viewed the House impeachment inquiry ter term, a sham. And most impor- Senate in the position of having to as a gross double standard when it tantly, the House managers admitted play the role of an article III court. comes to investigations. The House the reason that neither the House In- The long term effect of this practice launched an investigation into his telligence Committee nor the House would be to neuter the Presidency, Judiciary Committee sought testimony phone call with President Zelensky making the office of the President only in the House from President Trump’s while at the same time the House as strong as the House will allow. closest advisers, including former Na- showed no interest in the actions of The allegations contained in this im- tional Security Adviser John Bolton, Vice President Biden and Hunter peachment are not what the Framers Secretary of State Mike Pompeo, and Biden. The President, in my view, was had in mind as high crimes or mis- Acting Chief of Staff Mick Mulvaney, justified in asking the Ukrainians to demeanors. The Framers, in my view, is because it would have required the look into the circumstances sur- envisioned serious, criminal-like mis- House to go to court, impeding their rounding the firing of Ukrainian Pros- conduct that would shake the founda- desire to impeach the President before ecutor General Viktor Shokin, who was tion of the American constitutional the election. It was a calculated deci- investigating Burisma, and whether his system. The Nixon impeachment had sion to deal article III courts out of termination benefited Hunter Biden broad bipartisan support once the facts President Trump’s impeachment in- and Burisma. became known. The Clinton impeach- quiry due to a political timetable. The It is clear to me that the phone call ment started with bipartisan support Senate must send a clear message that focused on burden-sharing, corruption, in the House and ended with bipartisan this can never, ever happen again. and election interference in an appro- support in the Senate, even though it As to the substance of the allegations priate manner. The most vexing ques- fell well short of the two-thirds vote against President Trump, the abuse of tion was how the President was sup- requirement to remove the President. power charge as defined by the House is posed to deal with these legitimate In the case of President Trump, this vague, does not allege criminal mis- concerns. The House managers in one impeachment started as a partisan af- conduct, and requires the Senate to en- moment suggest that President Trump fair with bipartisan rejection of the Ar- gage in a subjective analysis of the could not have asked the Attorney ticles of Impeachment in the House President’s motives and actions. The General to investigate these concerns and, if not rejected in the Senate, will House managers argued to the Senate because that would be equivalent to lead to impeachment as almost an in- that the sole and exclusive purpose of President Trump asking for an inves- evitability, as future Presidents will be freezing aid to Ukraine was for the pri- tigation of a political rival. But in the subject to the partisan whims of the vate, political benefit of President next moment, the House managers de- House in any given moment. Trump. It is clear to me that there is clare that the proper way for President My decision to vote not guilty on ample evidence—much more than a Trump to have dealt with those allega- both Articles of Impeachment, I hope, mere scintilla—that the actions of tions would have been to ask the At- will be seen as a rejection of what the Hunter Biden and Vice President Biden torney General to investigate. They House did and how they did it. I firmly were inappropriate and undercut Amer- cannot have it both ways. I believe believe that article III courts have a ican foreign policy. that it is fair to criticize President role in the impeachment process and Moreover, there was evidence in the Trump’s overreliance on his private at- that, to remove a President from of- record that officials in Ukraine were torney, Rudy Giuliani, to investigate fice, the conduct has to be of a nature

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.012 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S908 CONGRESSIONAL RECORD — SENATE February 5, 2020 that would shake the very foundation The first Article of Impeachment committed against the Crown itself. of our constitutional system. The im- charges that President Trump abused The Framers did not design a mon- peachment of President Trump was the Office of the Presidency by solic- archy; they designed a democracy, a driven by a level of partisanship and iting the interference of a foreign nation where the people were King. ends justify the means behavior that power, Ukraine, to benefit himself in High crimes are those committed the American people have rejected. The the 2020 election. The President asked against the entire people of the United best way to end this matter is to allow a foreign leader to ‘‘do us a favor’’— States. the American people to vote for or ‘‘us’’ meaning him—and investigate his The President sought to cheat the against President Trump in November, political opponents. people out of a free and fair election. not to remove him from the ballot. In order to elicit these political in- How could such an offense not be These Articles of Impeachment must vestigations, President Trump with- deemed a high crime—a crime against be soundly rejected by the Senate be- held a White House meeting and hun- the people? As one constitutional cause they represent an assault on the dreds of millions of dollars in military scholar in the House Judiciary hear- Presidency itself and the assistance from an ally at war with ings testified: ‘‘If this is not impeach- weaponization of impeachment as a po- Russia. There is extensive documenta- able, nothing is.’’ I agree. litical tool. They must fail for a vari- tion in the record proving this quid pro I judge that President Trump is ety of reasons. First, the conduct being quo and the corrupt motive behind it. guilty of the first Article of Impeach- alleged by House managers is that The facts are not seriously in dispute. ment. there was a temporary suspension on In fact, several Republican Senators The second Article of Impeachment military assistance to Ukraine, which admitted they believe the President is equally straightforward. Once the was eventually received ahead of committed this offense with varying President realized he got caught, he schedule to leverage an investigation degrees of ‘‘inappropriate,’’ ‘‘wrong,’’ tried to cover it up. The President as- that never occurred. This is not the ‘‘shameful.’’ Almost all Republicans serted blanket immunity. He categorically defied congressional subpoenas, constitutional earthquake the Found- will argue, however, that this rep- ordered his aides not to testify, and ers had in mind regarding bribery, rehensible conduct does not rise to the withheld the production of relevant treason, or other high crimes and mis- level of an impeachable offense. documents. demeanors. Second, the articles as The Founders could not have been Even President Nixon, author of the clearer. William Davie, a delegate to drafted do not allege any semblance of most infamous Presidential coverup in the Constitutional Convention, deemed a crime and require the Senate to history, permitted his aides to testify impeachment ‘‘an essential security,’’ make a subjective analysis of the in Congress in the Watergate investiga- lest the President ‘‘spare no efforts or President’s motives. Third, the record tion. The idea that the Trump adminis- means whatever to get himself re- is abundant with evidence that the tration was properly invoking the var- elected.’’ President had legitimate concerns ious rights and privileges of the Presi- James Madison offered a specific list about corruption, election interference dency is nonsense. At each stage of the of impeachable offenses during a de- emanating from the Ukraine, and that House inquiry, the administration con- bate in Independence Hall: Vice President Biden and his son un- jured up a different bad-faith justifica- A President ‘‘might lose his capac- dercut U.S. efforts to reform corruption for evading accountability. There ity’’ or embezzle public funds. tion inside Ukraine. is no circumstance under which the ad- The second article, alleging obstruc- ‘‘A despicable soul might even suc- cumb to bribes while in office.’’ ministration would have complied. tion of Congress, is literally punishing When I asked the President’s counsel Madison then arrived at what he be- the President for exercising the legal twice to name one document or one lieved was the worst conduct a Presi- rights available to all Presidents as witness the President provided to Con- dent could engage in: the President part of our constitutional structure. gress, they could not answer. It cannot could ‘‘betray his trust to foreign pow- This article must fail because the be that the President, by dint of legal ers,’’ which would be ‘‘fatal to the Re- House chose their impeachment path shamelessness, can escape scrutiny en- public.’’ Those are Madison’s words. based on a political timetable of im- tirely. peaching the President before Christ- When I studied the Constitution and Once again, the facts are not in dis- mas to set up an election year trial in the Federalist Papers in high school, pute, but some have sought to portray the Senate. The Senate must reject the admittedly, I was skeptical of George the second Article of Impeachment as theory offered by the House managers Washington’s warning that ‘‘foreign in- somehow less important than the first. with regard to obstruction of Congress; fluence is one of the most baneful foes It is not. The second Article of Im- to do otherwise would allow the House of republican government.’’ It seemed peachment is necessary if Congress is in the future to deal article III courts so far-fetched. Who would dare? But to ever hold a President accountable— out of the impeachment process and the foresight and wisdom of the Found- again, Democratic or Republican. The give the House complete control over ers endure. Madison was right. Wash- consequences of sanctioning such cat- the impeachment field in a way that ington was right. egorical obstruction of Congress will be denies fundamental fairness. There is no greater subversion of our far-reaching, and they will be irrep- Because it took the House 78 days democracy than for powers outside of arable. from start to finish to impeach the our borders to determine elections I judge that President Trump is President of the United States and, within them. If Americans believe that guilty of the second Article of Im- during its fact-gathering process, the they don’t determine their Senator, peachment. House denied the President the right to their Governor, their President, but, The Senate should convict President counsel, to cross-examine witnesses rather, some foreign potentate does, Trump, remove him from the Presi- against him, and the ability to intro- that is the beginning of the end of de- dency, and disqualify him from holding duce evidence on his behalf, the Senate mocracy. future office. The guilt of the President must reject both Articles of Impeach- For a foreign country to attempt on these charges is so obvious that ment. such a thing on its own is contempt- here, again, several Republican Sen- I am compelled to vote not guilty, to ible. For an American President to de- ators admit that the House has proved ensure impeachment will not become liberately solicit such a thing—to its case. the new normal. blackmail a foreign country into help- So instead of maintaining the Presi- I yield the floor. ing him win an election—is unforgiv- dent’s innocence, the President’s coun- The PRESIDING OFFICER. The able. sel ultimately told the Senate that Democratic leader. Does this rise to the level of an im- even if the President did what he was Mr. SCHUMER. Mr. President, the peachable offense? Of course it does. Of accused of, it is not impeachable. This Articles of Impeachment before us course it does. The term ‘‘high crimes’’ has taken the form of an escalating se- charged President Donald John Trump derives from English law. ‘‘Crimes’’ ries of Dershowitzian arguments, in- with offenses against the Constitution were committed between subjects of cluding ‘‘Abuse of power is not an im- and the American people. the monarchy. ‘‘High crimes’’ were peachable offense’’; ‘‘The President

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.013 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S909 can’t be impeached for noncriminal By refusing the facts, by refusing menace—so contemptuous of every vir- conduct, but he also can’t be indicted witnesses and documents, the Repub- tue, so dishonorable, so dishonest— for criminal conduct’’; ‘‘If a President lican majority has placed a giant aster- that you must ignore—indeed, sac- believes his own reelection is essential isk—the asterisk of a sham trial—next rifice—the truth to maintain his favor. to the Nation, then a quid pro quo is to the acquittal of President Trump, The trial of this President—its fail- not corrupt.’’ These are the excuses of written in permanent ink. Acquittal ure—reflects the central challenge of a child caught in a lie. and an unfair trial with this giant as- this Presidency and, maybe, the cen- Each explanation is more outlandish terisk—the asterisk of a sham trial— tral challenge of this time in our de- and desperate than the last. It would are worth nothing at all to President mocracy. You cannot be on the side of be laughable if not for the fact that the Trump or to anybody else. this President and be on the side of cumulative effect of these arguments No doubt, the President will boast he truth, and if we are to survive as a na- would render not just this President received total exoneration, but we tion, we must choose truth because, if but all Presidents immune from im- know better. We know this wasn’t a the truth doesn’t matter, if the news peachment and therefore above the trial by any stretch of the definition. you don’t like is fake, if cheating in an law. And the American people know it, too. election is acceptable, if everyone is as Several Members of this Chamber We have heard a lot about the Fram- wicked as the wickedest among us, said that even if the President is guilty ers over the past several weeks, about then hope for the future is lost. and even if it is impeachable, the Sen- the impeachment clause they forged, The eyes of the Nation are upon this ate still shouldn’t convict the Presi- the separation of powers they wrought, Senate, and what they see will strike dent because there is an election com- the conduct they most feared in our doubt in the heart of even the most ar- ing up—as if the Framers forgot about chief magistrate. But there is some- dent patriot. elections when they wrote the im- thing the Founders considered even The House managers established that peachment clause. If the Founders be- more fundamental to our Republic: the President abused the great power lieved that even when a President is truth. The Founders had seen and stud- of his office to try to cheat in an elec- guilty of an impeachable offense, the ied societies governed by the iron fist tion, and the Senate majority is poised next election should decide his fate, of tyrants and the divine right of to look the other way. they never would have included an im- Kings, but none by argument, rational So I direct my final message not to peachment clause in the Constitution. thinking, facts, and debate. the House managers, not even to my That much is obvious. Hamilton said the American people fellow Senators, but to the American Alone, each of the defenses advanced would determine ‘‘whether societies of people. My message is simple: Don’t by the President’s counsel comes close men are really capable or not of estab- lose hope. There is justice in this world to being preposterous. Together, they lishing good government from reflec- and truth and right. I believe that. I are as dangerous to the Republic as tion and choice, or . . . forever des- wouldn’t be in this government if I this President—a fig leaf so large as to tined to depend on accident and force.’’ didn’t. Somehow, in ways we can’t pre- excuse any Presidential misconduct. And what an astonishing thing the dict, with God’s mysterious hand guid- Unable to defend the President, argu- Founders did. They placed a bet with ing us, truth and right will prevail. ments were found to make him a King. long odds. They believed that ‘‘reflec- There have been dark periods in our Let future generations know that tion and choice’’ would make us capa- history, but we always overcome. The only a fraction of the Senate swallowed ble of self-government; that we Senate’s opening prayer yesterday was these fantasies. The rest of us condemn wouldn’t agree on everything, but at Amos 5:24: Let justice roll down like them to the ash heap of history and the least we could agree on a common water, righteousness like an ever-flow- derision of first-year law students ev- baseline of fact and of truth. They ing stream. erywhere. wrote a Constitution with the remark- The long arc of the moral universe, We are only the third Senate in his- able idea that even the most powerful my fellow Americans, does bend toward tory to sit as a Court of Impeachment person in our country was not above justice. America does change for the for the President. The task we were the law and could be put on trial. A better but not on its own. It took mil- given was not easy, but the Framers trial—a place where you seek truth. lions of Americans hundreds of years to gave the Senate this responsibility be- The faith our Founders placed in us make this country what it is today— cause they could not imagine any other makes the failure of this Senate even Americans of every age and color and body capable of it. They considered more damning. creed who marched and protested, who others, but they entrusted it to us, and Our Nation was founded on the idea stood up and sat in; Americans who the Senate failed. The Republican cau- of truth, but there was no truth here. died while defending this democracy, cus trained its outrage not on the con- The Republican majority couldn’t let this beautiful democracy, in its dark- duct of the President but on the im- truth into this trial. The Republican est hours. peachment process in the House, derid- majority refused to get the evidence On Memorial Day in 1884, Oliver Wen- ing—falsely—an alleged lack of fair- because they were afraid of what it dell Holmes told his war-weary audi- ness and thoroughness. might show. ence: ‘‘[W]hether [one] accepts from The conjured outrage was so blinding Our Nation was founded on the idea Fortune her spade, and will look down- that the Republican majority ended up of truth, but in order to countenance ward and dig, or from Aspiration her guilty of the very sins it falsely ac- this President, you have to ignore the axe and cord, and will scale the ice, the cused the House of committing. It con- truth. The Republicans walk through one and only success which it is [yours] ducted the least fair, least thorough, the halls with their heads down. They to command is to bring to [your] work most rushed impeachment trial in the didn’t see the tweet. They can’t re- a mighty heart.’’ history of this country. spond to everything he says. They hope I have confidence that Americans of A simple majority of Senators denied he learned his lesson this time. Yes, a different generation—our genera- the Senate’s right to examine relevant maybe, this time, he learned his lesson. tion—will bring to our work a mighty evidence, to call witnesses, to review Our Nation was founded on truth, but heart to fight for what is right, to fight documents, and to properly try the im- in order to excuse this President, you for the truth, and never, never lose peachment of the President, making have to willfully ignore the truth and faith. this the first impeachment trial in his- indulge in the President’s conspiracy I yield the floor. tory that heard from no witnesses. A theories: Millions of people voted ille- The PRESIDING OFFICER. The ma- simple majority of Senators, in def- gally. The deep state is out to get him. jority leader. erence to and most likely in fear of the Ukraine interfered in our elections. Mr. MCCONNELL. Mr. President, the President of their party, perpetrated a You must attempt to normalize his be- U.S. Senate was made for moments great miscarriage of justice in the trial havior. Obama did it, too, they falsely like this. The Framers predicted that of President Trump. As a result, the claim. The Democrats are just as bad. factional fever might dominate House verdict of this kangaroo court will be Our Nation was founded on the idea majorities from time to time. They meaningless. of truth, but this President is such a knew the country would need a firewall

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.063 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S910 CONGRESSIONAL RECORD — SENATE February 5, 2020 to keep partisan flames from scorching traditions. In reality, it was an assault The Framers built the Senate to keep our Republic. So they created the Sen- on both. temporary rage from doing permanent ate—out of ‘‘necessity,’’ James Madi- First, the House attacked its own damage to our Republic. son wrote, ‘‘of some stable institution precedents on fairness and due process The Framers built the Senate to keep in the government.’’ and by rushing to use the impeachment temporary rage from doing permanent Today, we will fulfill this founding power as a political weapon of first re- damage to our Republic. That is what purpose. We will reject this incoherent sort. Then their articles attacked the we will do when we end this precedent- case that comes nowhere near—no- Office of the Presidency. Then they at- breaking impeachment. where near—justifying the first Presi- tacked the Senate and called us I hope we will look back on this vote dential removal in history. This par- ‘‘treacherous.’’ Then the far left tried and say this was the day the fever tisan impeachment will end today, but to impugn the Chief Justice for re- began to break. I hope we will not say this was just I fear the threat to our institutions maining neutral during the trial. may not because this episode is one the beginning. Now, for the final act, the Speaker of Mr. GRASSLEY. Mr. President, as symptom of something much deeper. the House is trying to steal the Sen- In the last 3 years, the opposition to Senators, we cast a lot of votes ate’s sole power to render a verdict. this President has come to revolve throughout our tenure in this body. I The Speaker says she will just refuse around a truly dangerous concept. have cast over 13,200 of them. Each to accept this acquittal. The Speaker Leaders in the opposite party increas- vote is important. A vote to convict or of the House of Representatives says ingly argue that, if our institutions acquit the President of the United she refuses to accept this acquittal— don’t produce the outcomes they like, States on charges of impeachment is whatever that means. Perhaps she will our institutions themselves must be one of the most important votes a Sen- tear up the verdict like she tore up the broken. One side has decided that de- ator could ever cast. Until this week, State of the Union Address. feat simply means the whole system is such a vote has only taken place twice broken, that we must literally tear up So I would ask my distinguished col- since the founding of our Republic. the rules and write new ones. leagues across the aisle: Is this really— The President has been accused of Normally, when a party loses an elec- really—where you want to go? The committing ‘‘high Crimes and Mis- tion, it accepts defeat. It reflects and President isn’t the President? An ac- demeanors’’ for requesting that a for- retools—but not this time. quittal isn’t an acquittal? Attack insti- eign leader launch an anti-corruption Within months, Secretary Clinton tutions until they get their way? Even investigation into his potential polit- was suggesting her defeat was invalid. my colleagues who may not agree with ical opponent and obstructing She called our President ‘‘illegit- this President must see the insanity of Congress’s subsequent inquiry into his imate.’’ A former President falsely this logic. It is like saying you are so actions. For such conduct, the House of claimed: ‘‘[President] Trump didn’t ac- worried about a bull in a china shop Representatives asks this body to re- tually win.’’ ‘‘He lost the election,’’ a that you want to bulldoze the china move the President from office and former President said. Members of Con- shop to chase it out. prohibit him from ever again serving in gress have used similar rhetoric—a Here is the most troubling part. a position of public trust. As both a disinformation campaign, weakening There is no sign this attack on our in- judge and juror, this Senator asks first confidence in our democracy. stitutions will end here. In recent whether the conduct alleged rises to The very real issue of foreign elec- months, Democratic Presidential can- the level of an offense that unquestion- tion interference was abused to fuel didates and Senate leaders have toyed ably demands removal. If it does, I ask conspiracy theories. For years, promi- with killing the filibuster so that the whether the House has proven beyond a nent voices said there had been a secret Senate could approve radical changes reasonable doubt that the conduct ac- conspiracy between the President’s with less deliberation and less persua- tually occurred. The House’s case campaign and a foreign government, sion. clearly fails on the first of those ques- but when the Mueller investigation and Several of our colleagues sent an ex- tions. Accordingly, I will vote not the Senate Intelligence Committee de- traordinary brief to the Supreme guilty on both articles. bunked that, the delegitimizing en- Court, threatening political retribution The President’s request, taken at deavor didn’t stop. It didn’t stop. if the Justices did not decide a case the face value, is not impeachable conduct. Remember what Chairman SCHIFF way they wanted. A President is not prohibited by law or said here on the floor? He suggested We have seen proposals to turn the any other restriction from engaging the assistance of a foreign ally in an that if the American people reelect FEC—the regulator of elections and po- anti-corruption investigation. The President Trump in November that the litical speech—into a partisan body for House attempts to cure this defect by election will be presumptively invalid the first time ever. as well. That was Chairman SCHIFF, on suggesting that the President’s subjec- All of these things signal a toxic this floor, saying, if the American peo- tive motive—political advantage—is temptation to stop debating policy ple reelect President Trump this No- enough to turn an otherwise unim- within our great American governing vember, the election will be presump- peachable act into one that demands traditions and, instead, declare war on tively invalid as well. permanent removal from office. I will So they still don’t accept the Amer- the traditions themselves—a war on not lend my vote in support of such an ican voters’ last decision, and now they the traditions themselves. unnecessary and irreversible break are preparing to reject the voters’ next So, colleagues, with whatever policy from the Constitution’s clear standard decision if they don’t like the out- differences we may have, we should all for impeachment. come—not only the last decision but agree this is precisely the kind of reck- The Senate is an institution of prece- the next decision. Heads, we win. Tails, lessness the Senate was created to dent. We are informed and often guid- you cheated. And who can trust our de- stop. The response to losing one elec- ed, especially in times like this, by his- mocracy anyway, they say? tion cannot be to attack the Office of tory and the actions of our prede- This kind of talk creates more fear the Presidency. The response to losing cessors. While we look to history, how- and division than our foreign adver- several elections cannot be to threaten ever, we must be mindful of the reality saries could achieve in their wildest the electoral college. The response to that our choices make history, for bet- dreams. As Dr. Hill testified, our adver- losing a court case cannot be to threat- ter or for worse. What we say and do saries seek to ‘‘divide us against each en the judiciary. The response to losing here necessarily becomes part of the other, degrade our institutions, and de- a vote cannot be to threaten the Sen- roadmap for future Presidential im- stroy the faith of the American people ate. peachments and their consideration by in our democracy.’’ As she noted, if We simply cannot let factional fever this body. These days, that reality can Americans become ‘‘consumed by par- break our institutions. It must work be difficult to keep front and center. tisan rancor,’’ we can easily do that the other way, as Madison and Ham- Partisan fervor to convict or acquit a work for them. ilton intended. The institutions must President of the United States who has The architects of this impeachment break the fever rather than the other been impeached can lead to cut cor- claimed they were defending norms and way around. ners, overheated rhetoric, and rushed

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Even in the Court of Impeachment to ‘‘do impartial tion. midst of questions and answers, after justice according to the Constitution In an attempt to cure this funda- opening arguments had concluded, the and laws.’’ But as President pro tem- mental defect in its charge, the House’s House managers started repeating the pore, I recognize we must also do jus- ‘‘abuse of power’’ article sets out an terms ‘‘bribery’’ and ‘‘extortion’’ on tice to the Senate as an institution and impermissibly flexible and vague the floor of the Senate, while neither to the Republic that it serves. standard to justify removing the Chief appears anywhere in the House’s arti- This trial began with a full and fair Executive from office. As the House’s cles. These are serious, statutory opportunity to debate and amend the trial brief and presentation dem- crimes that have specific elements of rules that would guide our process. The onstrated, its theory of the case rests proof; they shouldn’t be casually used Senate considered and voted on 11 sepa- entirely on the President’s subjective as window dressing to inflame the jury. rate amendments to the resolution, motive for carrying out objectively And the House’s attempts to shoehorn over the span of nearly 13 hours. Con- permissible conduct. For two reasons, those charges into their articles is sistent with precedent, the Senate this cannot be sustained. itself a due process violation. adopted a resolution to allow the same First, the House would seemingly It is not the Senate’s job to read into length of time for opening arguments have the Senate believe that motive by the House’s articles what the House and questions as was agreed to unani- itself is sufficient to prove the ille- failed or didn’t see fit to incorporate mously in 1999 during the Clinton im- gality of an action. House managers re- itself. No more so is it the job of a peachment trial. Consistent with peatedly described the President’s judge to read nonexistent provisions precedent, the Senate agreed to table ‘‘corrupt motive’’ as grounds for re- into legislation that Congress passes the issue of witnesses and additional moval from office. But this flips basic and the President signs. Articles of Im- evidence until after the conclusion of concepts in our justice system upside peachment should not be moving tar- questions from Members. Consistent down and represents an unprecedented gets. with precedent, the Senate engaged in expansion of the scope of the impeach- The Senate, accordingly, doesn’t need to resolve today the question of a robust and open debate on the neces- ment authority. With limited excep- whether a criminal violation is nec- sity of calling witnesses and pursuing tion, motive is offered in court to show essary for a President’s conduct to be additional evidence. We heard nearly 24 that the defendant on trial is the one impeachable. The text of the Constitu- hours of presentation from the House who most likely committed the illegal tion and the Framers’ clear intent to managers, nearly 12 hours of presen- act that has been charged. Jealously limit the scope of the impeachment tation from the President’s counsel, might compel one neighbor to steal power counsels in favor of such a and we engaged in 16 hours of ques- something from the other. But a court brightline rule. And until this episode, tioning to both sides. doesn’t convict the defendant for a no President has been impeached on Up to today, the Senate has sat as a crime of jealousy. Second, let’s as- charges that didn’t include a violation Court of Impeachment for a combined sume, however, that motive could be of established law. Indeed, the only total of over 70 hours. The Senate did grounds for impeachment and removal. Presidential impeachments considered not and does not cut corners, nor can The House offers no limiting principle by this body included alleged viola- the final vote be credibly called a or clear standard whatsoever of what tions of laws, and both resulted in ac- rushed result or anything less than the motives are permissible. Under such an quittals. But the stated ambiguities product of a fair and judicious process. amorphous standard, future Houses surrounding the House’s ‘‘abuse of Future generations, if faced with the would be empowered to impeach Presi- power’’ theory, acknowledged even by toxic turmoil of impeachment, will be dents for taking lawful action for what the House managers, give this Senator better served by the precedent we fol- the House considers to be the wrong reason enough to vote not guilty. If we lowed and the example we set in this reasons. are to lower the bar of impeachment, The House also gives no aid to this Chamber. I cannot in good conscience we better be clear on where the bar is institution or to our successors on say the same of the articles before us being set. today. whether impeachment should rest on The President himself, however, I have said since the beginning of proving a single, ‘‘corrupt’’ motive or should not conclude from my vote that this unfortunate episode that the whether mixed motive suffices under I think his conduct was above re- House’s articles don’t, on their face, their theory for removing a President proach. He alone knows what his mo- appear to allege anything satisfying from office. In its trial brief presented tives were. The President has a duty to the Constitution’s clear requirement of to the Senate, the House asserts that the American people to root out cor- ‘‘Treason, Bribery, or other high there is ‘‘no credible alternative expla- ruption no matter who is implicated. Crimes and Misdemeanors.’’ Yet I took nation’’ for the President’s alleged con- And running for office does not make my role as a juror seriously. I com- duct. This formulation, in the House’s one immune from scrutiny. But the mitted to hear the evidence in the own brief, necessarily implies that the President’s request was poorly timed record and to reflect on the arguments presence of a credible alternative ex- and poorly executed, and he should made. After 9 days of presentation and planation for the President’s conduct have taken better care to avoid even questions and after fully considering would defeat the ‘‘abuse of power’’ the- the mere appearance of impropriety. the record as presented to the Senate, ory. But once the Senate heard the Had he done so, this impeachment saga I am convinced that what the House is President’s counsel’s presentation, the might have been avoided altogether. It asking us to do is not only constitu- House changed its tune. Even a cred- is clear that many of the President’s tionally flawed but dangerously un- ible alternative explanation—or mul- opponents had plans to impeach him precedented. tiple benign motives—shouldn’t stop from the day he took office. But the The House’s first article, impeaching this body from removing the President, President didn’t have to give them this the President for ‘‘abuse of power,’’ so long as one ‘‘corrupt’’ motive is in pretense. rests on objectively legal conduct. the mix. This apparent shift in trial The House’s second article, impeach- Until Congress legislates otherwise, a strategy seems less indicative of a co- ing the President for ‘‘obstruction of President is well within his or her legal hesive theory and more reflective of an Congress,’’ is equally unprecedented as and constitutional authority, as the ‘‘impeach-by-any-means-necessary’’ grounds for removal from office and head of state, to request that a foreign mindset. But reshaping their own patently frivolous. It purports that, if leader assist with an anti-corruption standard mid-trial only served to un- the President claims constitutional investigation falling outside of the ju- dercut their initial arguments. privileges against Congress, ‘‘threat- risdiction of our domestic law enforce- Simply asserting at least 63 times, as ens’’ to litigate, or otherwise fails to ment authorities. Short of political the House managers did, during the immediately give up the goods, he or blowback, there is also nothing in the trial that their evidence was ‘‘over- she must be removed from office. law that prohibits a President from whelming’’ and that the President’s I know a thing or two about obstruc- conditioning his or her official acts guilt was proven does not make the un- tion by the executive branch under

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.020 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S912 CONGRESSIONAL RECORD — SENATE February 5, 2020 both Democrat and Republican admin- their job for them. The evidence is ticularly because their initial claim istrations. Congressional oversight— ‘‘overwhelming,’’ yet the Senate must frames your inquiry and forms the rooting out waste, fraud, and abuse—is entertain more witnesses and gather basis for further fact finding. The ques- central to my role as a Senator rep- more records that the House chose to tions you ask and the documents and resenting Iowa taxpayers and has been forgo. witnesses you seek all start there. Any for 40 years. If there is anything as sure The House’s failure to proceed with investigator worth their salt will tell as death and taxes, it is Federal agen- their investigation in an orderly, rea- you that part of the investigative proc- cies resisting Congress’ efforts to look sonable, good-faith manner has created ess involving a whistleblower, or in- behind the curtain. In the face of ob- fundamental flaws in its own case. deed any witness, requires the investi- struction, I don’t retreat. I go to work. They skipped basic steps. It is not the gator to evaluate that individual’s I use the tools the Constitution pro- job of the Senate to fix the funda- claim and credibility. It is standard vides to this institution. I withhold mental flaws that directly result from procedure. So we talk to the whistle- consent on nominees until I get an the House’s failure to do its job. The blowers, we meet with them when pos- honest answer to an oversight request. House may cower to defend its own au- sible, we look at their documents. We I work with my colleagues to exercise thority, but it will not extort and de- keep them confidential from potential Congress’s power of the purse. And mean this body into cleaning up a mess retaliators, but not from the folks who when necessary, I take the administra- of the House’s own making. need to speak with them to do their tion to court. That is the very core of For the myriad ways in which the jobs. When whistleblowers bring to us checks and balances. For years, I House failed to exercise the fundamen- significant cases of bipartisan interest, fought the Obama administration to tals of oversight, for the terrible new where we have initially evaluated their obtain documents related to Operation precedent the House wants us to en- claim and credibility and determined Fast and Furious. I spent years seeking dorse, and for the risk of future genera- that the claim merits additional follow answers and records from the Obama tions taking it up as the standard, I up, we also frequently work closely administration during my investiga- will vote not guilty on the obstruction with the other side to look into those tion into Secretary Clinton’s mis- article. claims. handling of highly classified informa- Now, there has been much discussion We have done many bipartisan inves- tion. and debate about the whistleblower tigations of whistleblowers’ claims Under the House’s ‘‘obstruction of whose complaint framed the House’s over the years and hopefully will con- Congress’’ standard, should President inquiry in this case. I have worked for tinue to do so. We trust the other side Obama have been impeached for his and with whistleblowers for more than to respect the whistleblower’s con- failure to waive privileges during the 30 years. They shed light on waste, fidence as well and treat the investiga- course of my and other committees’ fraud, and abuse that ought to be fixed tion seriously. We have also worked oversight investigations? We fought and that the public ought to know with many witnesses in investigations President Obama on this for 3 years in about, all frequently at great personal who want to maintain low profiles and the courts, and we still didn’t end up cost. Whistleblowers are patriots, and who request additional security meas- with all we asked for. We never heard a they are heroes. I believed that in the ures to come and speak with us. We are peep from the Democrats then. So the 1980s. I believe it today. I have spon- flexible on location. We have the Cap- hypocrisy here by the House Demo- sored, cosponsored, and otherwise itol Police. We have SCIFs. We have crats is on full display. strongly supported numerous laws de- interviewed witnesses in both classified When I face unprecedented obstruc- signed to strengthen whistleblowers and unclassified settings. We are will- tion, I don’t agitate to impeach. Rath- protections. I have reminded agencies ing to work with those witnesses to er, my office aggressively negotiates, of the whistleblowers’ rights to speak make them comfortable and to ensure in good faith, with the executive with us and of their protection under they are in a setting that allows them branch. We discuss the scope of ques- the law for doing so. And this is how it to share sensitive information with us. tions and document requests. We dis- works. Of course, it is much better to I know the House committees, par- cuss the intent of the inquiry to pro- have firsthand information because it ticularly the oversight committees, vide context for the requested docu- is more reliable. However, whether it is have all taken that course themselves. ments. We build an airtight case and firsthand information or secondhand, it They routinely work with whistle- demand cooperation. Negotiations are is possible to conduct a thorough inves- blowers too. Both sides understand how difficult. They take time. tigation of a whistleblower’s claims to talk to whistleblowers and how to In the case before us, the House and respect his or her request for con- respect their role and confidentiality. issued a series of requests and sub- fidentiality. So why no efforts were taken in this poenas to individuals within the White As I said in October of last year, at- case to go through these very basic, bi- House and throughout the administra- tempts by anyone in government or the partisan steps is baffling. I do not tion. But it did so rather early in its media to ‘‘out’’ a whistleblower just to under any circumstances support re- inquiry. The House learned of the whis- sell an article or score a political point prisal or efforts to throw stones with- tleblower complaint in September, is not helpful. It undermines the spirit out facts. But neither do I support ef- issued subpoenas for records in Octo- and purpose of the whistleblower pro- forts to skirt basic fundamental inves- ber, and impeached the President by tection laws. I remember very well the tigative procedures to try and learn December, 4 months from opening the rabid, public lashing experienced by those facts. I fear that, to achieve its inquiry to impeachment for ‘‘obstruc- the brave whistleblowers who came to desired ends, the House weaponized and tion.’’ As one who can speak from expe- me about the Obama administration’s politicized whistleblowers and whistle- rience, that is unreasonable and Operation Fast and Furious. President blower reporting for purely partisan doesn’t allow an investigation to ap- Obama’s Justice Department worked purposes. I hope that the damage done propriately and reasonably run its overtime to discredit them and tarnish from all sides to these decades-long ef- course. That timeline makes clear to their good names in the press, all to forts will be short lived. me that the House majority really had protect an operation that it tried to Finally, throughout my time on the one goal in mind: to impeach the Presi- keep hidden from Congress and the Judiciary Committee, including as dent at all costs, no matter what the American people, and that resulted in chairman, I have made it a priority to facts and the law might say. Most im- the death of an American Border Pa- hold judicial nominees to a standard of portantly, the House failed to exhaust trol agent. That was not the treatment restraint and fidelity to the law. As all legal remedies to enforce its re- those whistleblowers deserved. It is not judges in the Court of Impeachment, quests and subpoenas. When challenged the treatment any whistleblower de- we too should be mindful of those fac- to stand up for the legality of its re- serves, who comes forward in good tors which counsel restraint in this quests in court, the investigating com- faith, to report what he or she truly be- matter. mittee simply retreated. Yet, now, the lieves is waste, fraud, or abuse. To start, these articles came to the House accuses the Senate of aiding and But whistleblower claims require Senate as the product of a flawed, un- abetting a coverup, if we don’t finish careful evaluation and follow up, par- precedented and partisan process. For

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.020 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S913 71 of the 78 days of the House’s expe- we have never refused to look at crit- action to limit the evidence and testi- dited impeachment inquiry, the Presi- ical evidence sitting in front of us. We mony the Senate can and must con- dent was not permitted to take part or have never raced to a pre-ordained ver- sider. The last time we sat as a court have agency counsel present. Many of dict while deliberately avoiding the we heard from 26 witnesses in total, in- the rights traditionally afforded to the truth or evaluating plainly critical evi- cluding 17 who had not testified before minority party in impeachment pro- dence. the House. Seventeen. ceedings were altered or withheld. And And when I say ‘‘sitting in front of Some have also said that calling wit- an authorizing vote by the full House us,’’ I mean that literally. Just this nesses like John Bolton would leave us didn’t occur until 4 weeks after hear- morning, we learned that Pat tangled up in an endless court battle ings had already begun. When the arti- Cipollone, lead counsel for the Presi- over executive privilege. Not so. The cles themselves were put to a vote by dent, along with Rudy Giuliani and Senate alone has the ‘‘sole Power to the full House, just in time for Christ- Mick Mulvaney, was part of a meeting try all Impeachments,’’ and the Chief mas, the only bipartisanship we saw where President Trump directed John Justice reminded us just a few years was in opposition. Moreover, the Iowa Bolton to ‘‘ensure [President] Zelensky ago in Zivotofsky v. Clinton that Arti- caucuses have already occurred. The would meet with Mr. Giuliani.’’ A cle III courts cannot hear cases ‘‘where 2020 Presidential election is well under- meeting with the President’s personal there ‘is a textually demonstrable con- way. Yet we are being asked to remove lawyer is not subject to executive stitutional commitment of the issue to the incumbent from the ballot, based privilege; and a meeting with Bolton a coordinate political department.’ ’’ on Articles of Impeachment supported and Mulvaney is not subject to attor- And in Walter Nixon v. United States, by only one party in Congress. Taken ney-client privilege. And this after- the Supreme Court expressly ruled out together, the Senate should take no noon we received a proffer from Lev ‘‘[j]udicial involvement in impeach- part in endorsing the dangerous new Parnas’s attorney, claiming that ment proceedings, even if only for pur- precedent this would set for future im- Pamas could provide us with testimony poses of judicial review.’’ Moreover, and more simply, execu- peachments. implicating several cabinet officials tive privilege cannot prevent testi- With more than 28,000 pages of evi- and members of Congress in the Presi- mony from a private citizen like dence, 17 witnesses, and over 70 hours dent’s scheme. I cannot say whether Bolton who is willing to testify. And, of open, transparent consideration by that is credible, but shouldn’t he at in any event, the President has almost the Senate, I believe the American peo- least be heard and cross-examined? The certainly waived any claim to privilege ple are more than adequately prepared Senate cannot turn a blind eye to such by endlessly tweeting and talking to to decide for themselves the fate of this directly relevant evidence. the media about his conversations with President in November. This decision This slipshod process reminds me of Bolton. The Senate is not helpless. We belongs to them. another trial. That was the trial of are the only court with jurisdiction. When the Chief Justice spoke up at Alice in Wonderland. In that trial, the We can and should resolve these ques- the start of this trial to defuse some accusation was read, and the King immediately said to the jury, ‘‘Consider tions. rising emotions, he challenged both Let us conduct this trial with the se- your verdict.’’ But even in that case it sides addressing the Chamber to ‘‘re- riousness it deserves—consistent with was acknowledged that ‘‘There’s a member where they are.’’ We, too, Senate precedent, the overwhelming great deal to come before that,’’ and should remember where we are. The expectations of the American people, the first witness was called. With U.S. Senate has ably served the Amer- and how every other trial across the apologies to Lewis Carroll, surely the ican people through trying times. country is conducted every single day. These are trying times. And when this United States Senate can at least As Senators, we are here to debate trial adjourns, the cloud of impeach- match the rigorous criminal procedure and vote on difficult questions. I under- ment may not so quickly depart. But if of Wonderland? stand this may be a difficult question there is any institution best equipped The oath that each of us swore just politically—but it is nowhere close to a to help bridge the divide and once two weeks ago requires that we do ‘‘im- difficult question under the law or again achieve our common goals, it is partial justice.’’ Reasonable people can common sense. I do not believe for one this one. disagree about what that means, but second that any of us sought public of- Let’s get back to work for the Peo- every single time this body has sat as fice to become an accomplice to what ple. a court—every single time—it has can only be described as a cover-up. As Mr. LEAHY. Mr. President, the ques- heard from witnesses and weighed the Chief Justice has reminded us, we tion before us is incredibly serious, but sworn testimony. We have never been have the privilege of serving in the it is also more than a little absurd. We denied the opportunity to hear from world’s greatest deliberative body. So are sitting as a court, exercising the critical witnesses with firsthand infor- let’s actually deliberate. sole power to try impeachments, en- mation. During the Johnson trial, this But if we adopt the rule—rejected trusted to us by the Framers. The court heard live testimony from 41 wit- even in Wonderland—of verdict first, President of the United States has been nesses, including private counsel for witnesses later, be assured those wit- charged with high crimes—a constitu- the President and a cabinet secretary. nesses will eventually follow. Whether tional charge of abuse of power that in- During the Clinton trial, three wit- through FOIA, journalism, or book re- cludes in its text each of the elements nesses were deposed and we considered leases, the American people will learn of criminal bribery. The President’s the grand jury testimony of the Presi- the truth, likely sooner rather than lawyers have complained all week dent’s chief of staff, deputy chief of later. Maybe even over the upcoming about the absence of sworn testimony staff, and White House Counsel—plus weekend. What will they think of a from officials with first-hand knowl- the grand jury testimony of the Presi- Senate that went to such extraor- edge of the President’s actions and in- dent himself. ‘‘Impartial justice’’ can- dinary lengths—ignoring 220 years of tent. They claim not to know when the not mean burying our collective heads precedent, any notions of fairness or President froze the aid. They falsely in the sand, and preventing relevant, respect for facts, and indeed ignoring claim there is no evidence the Presi- probative testimony from being taken. our duties to the Constitution itself— dent withheld the aid in exchange for Briefly, I also want to address the ar- to keep the truth buried? his political errand—announcing an in- guments made against calling wit- A vote to preclude witnesses will em- vestigation into his political rival. And nesses. The President has said that bolden this President to further de- yet whenever the President’s counsels ‘‘Witnesses are up to the House, not up mean the Congress, this Senate, and have pled ignorance or claimed a lack to the Senate.’’ But the Senate has the balance of power so carefully estab- of evidence, they ask not that we pur- never been, and should not be now, lim- lished by the Framers in the Constitu- sue the truth; they ask instead that we ited to the House record. The Senate’s tion. It will ratify the President’s shell look away. constitutional obligation to try im- game of telling the House it should sue The Senate simply cannot look away. peachments stands independent of the to enforce its subpoenas, and then tell- In the 220 years this body has served as House’s obligation. The Constitution ing courts that the House has no stand- a constitutional court of impeachment, does not allow the House’s action or in- ing to do so. Just today, after a week

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of his counsel arguing that the Presi- tunately, President Trump was prom- to impeach without at least a 3⁄5 vote in dent cannot be impeached for failing to ised an impeachment from the day he their own body, and that should in- respond to House subpoenas, the Jus- was elected, before he even took his clude some number from the minority tice Department argued in court that oath of office. On the day of his inau- party. the House can use its impeachment guration, before any official act, there I have also come to believe that im- power to enforce its subpoenas. It is up were riots where, and I quote from the peachment should be primarily about a to all 100 of us to put a stop to this New York Times, ‘‘protesters threw criminal activity. Impeachment is in- nonsense. rocks and bricks at police officers, set herently undemocratic because it re- I have served in this body for 45 a car on fire and shattered storefront verses an election, so in election years, years. It is not often we face votes like windows.’’ I have never seen that kind the bar for considering impeachment this—votes that will leave a significant of conduct before stemming from the and removal goes even higher. Ulti- mark on history, and will shape our result of our democratic process. I hope mately, the American people should constitutional ability to serve as a to never see it again. and will have the final say. check against presidents for genera- The obstruction continued as Presi- The House of Representatives must tions to come. I pray the Senate is wor- dent Trump’s nominations were held also be sure to complete its investiga- thy of this responsibility, and of this up in an unprecedented way. This ob- tion. It shouldn’t send the Senate im- moment. I fear the repercussions if it is struction kept the new President from peachment charges and then expect the not. getting his key people in place. The few Senate to continue gathering more evi- I will vote to hear from witnesses. nominations approved had to work dence. The House should subpoena wit- With deep respect, I ask my fellow sen- with career or hold-over staff from the nesses and deal with defense claims ators to do the same. previous administration. We have read such as privilege, even if that means Mr. ENZI. Mr. President, I rise today in news articles that some of those going through the judicial process to speak on the trial of President staffers not only disliked their new rather than placing such a burden on Trump. bosses, but they tried to actively un- the Senate. After information from more than a dercut their policies. Sometimes they The House cannot simply rely on rep- dozen witnesses, over a hundred ques- even delayed or used inaction or gave etition of possibilities of violations, no tions, and days of oral arguments, I be- adverse advice. These types of tactics matter how many times stated, to lieve the House failed to prove its case were used to put blame on their boss make their accusations true. A com- for the two Articles of Impeachment. and on President Trump, and that ulti- plete investigation means the inves- The House’s story relies on too much mately hurt our country, too. tigators don’t rush to judgment, don’t speculation, guessing games and rep- Again, almost immediately after the speculate about the content of calls, etition. It fails to hold up under scru- election came the call for investiga- and don’t rely on repetition of accusa- tiny. The House claims to have proven tions, ending with the appointment of tions about the content of such calls as its case, but insists on more evidence. Special Counsel Robert Mueller. This a substitute for seeking the truth. It was the House’s responsibility to en- investigation went on for almost 2 During the initial investigation, wit- sure it had developed a complete record years. When the Mueller investigation nesses should have already been de- of the evidence it needed to make its didn’t yield the desired results, the posed by both sides before it comes to case, and it is not up to the Senate to President’s detractors returned to the the Senate. The President’s counsel start the process over again. continuing cry for an impeachment. must be allowed to cross-examine all There were contradictions in the The volume and pitch increased even as persons deposed by the House. Then, House’s case from the very beginning. the 2020 election got closer. and only then, can any of the witnesses The House counted on repetition to Eventually, the House of Representa- be called to testify at the Senate trial. make its claims seem true, but often tives found its latest accusation. Yet, The House investigation has to be com- didn’t provide the underlying evidence. not willing to conduct a thorough im- plete. For example, the House managers re- peachment investigation and wanting Finally, I would call for our outside lied on telephone records for timing, to reach a foregone conclusion as the institutions to also think about how but speculated on the content of the election year approached, the House of they contribute to the well-being of calls. Representatives hurried its investiga- our country. I have often said that con- The House managers claimed the tion so it would be done before Christ- flict sells. It might even increase sales President wanted to influence an elec- mas and the Senate would be forced to to consumers of news for both parties, tion, but it is difficult to see how the address these articles as a new year but I fear that we are all treating this House’s rush to bring this case in such started. Ironically, after all that rush- like a sport, speculating which team a haphazard manner is nothing more ing and taking shortcuts, the House de- will win and which will lose. I suspect than an attempt to influence the 2020 layed sending the articles to the Sen- that some venomous statements about election. The House managers asked ate until the new year. All of this was this process have ended some friend- the Senate to do additional witnesses just the latest example of the efforts to ships and strained some families. In in 1 week, which could mean the Sen- block President Trump’s agenda. the end, if we lose faith in our institu- ate would essentially have to start the I have now served in two Presidential tions, our friends and our families, we trial all over. impeachment trials, one during my will all lose. I not only can’t call their efforts ade- first term and this one in my last. I We desperately need more civility. quate, I have to say they have been en- have never underestimated the respon- That is simply being nice to each tirely inadequate. Consequently, I did sibility of the task at hand or forgot- other. My mom said, ‘‘Bad behavior is not vote for more witnesses or more ten the oaths I took to uphold the Con- inexcusable.’’ It violates the Golden evidence and will vote to acquit the stitution. There are few duties senators Rule as revised by my mom, ‘‘Do President on both counts. will face as grave as deciding the fate what’s right. Do your best. Treat oth- I hope we can learn from everything of the President of the United States, ers as THEY wish to be treated.’’ One we do, especially in regard to impeach- but just like 21 years ago, this decision of the first movies I saw was the now- ment. The animosity toward President is about country, not politics. These ancient animated picture, ‘‘Bambi.’’ I Trump is unprecedented, and I believe experiences have helped refine my am reminded of the little rabbit say- it is the reason we have ended up where views, which I will now share. ing, ‘‘My Mom always says, if you can’t we are today. I believe we should give Our Forefathers did well setting the say something nice, don’t say anything each newly elected President a chance trial in the Senate where it takes a 2⁄3 at all!’’ I believe we all agree on at to show what he or she can do. We majority, currently 67 votes, to con- least 80 percent of most issues, but the should provide them the opportunity to vict. They could see the difficulty it trend seems to be shifting to con- prove themselves and demonstrate our would bring to the Nation if impeach- centrate on the other 20 percent we faith in our country and its leadership. ment could easily be convicted by a don’t agree on. That 20 percent causes We have to give the President an op- slight majority. Even though it is not divisiveness, opposition, venomous portunity to lead or even to fail. Unfor- the law, I would counsel the House not harsh words, and anger.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.028 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S915 Too often, it feels like our Nation is The House had ample opportunity to management or policy disagreements only becoming more divided, more hos- pursue the answers to its inquiry in with the President. tile. I do not believe that our country order to prove their case beyond a rea- Prior to America’s founding, im- will ever be able to successfully tackle sonable doubt. They chose not to do so. peachment had been used for centuries our looming problems if we continue Instead, investigators followed an arbi- in England as a measure to reprimand down this road. As we move forward trary, self-imposed timeline dictated crown-appointed officials and landed from this chapter in our Nation’s his- by political, rather than substantive, gentry. At the time, it included the tory, I hope that we will focus more on concerns. vague charge of ‘‘maladministration,’’ our shared goals that can help our Na- For example, the House did not at- as well. tion, and not the issues that drive us tempt to compel certain witnesses to During the Constitutional Conven- apart. testify because doing so would have tion in 1787, George Mason moved to Mr. BURR. Mr. President, in my 25 meant confronting issues of executive add ‘‘maladministration’’ to the U.S. years representing North Carolina in privilege and immunity. They argued Constitution’s list of impeachable of- Congress, I have cast thousands of navigating executive privilege—some- fenses, asking: ‘‘Why is the provision votes, each with its own significance. thing every administration lays claim restrained to Treason & bribery only? The ones that weigh most heavily are to—may have caused some level of Treason as defined in the Constitution those that send our men and women in delays and involved the courts. will not reach many great and dan- uniform into armed conflict. Those are At the time, the House justified their gerous offences. Attempts to subvert the votes I spend the most time debat- decision by claiming the issue was too the Constitution may not be Treason ing before casting—first and foremost important, too urgent, for any delays. as above defined.’’ because of the human cost involved but Yet, after the House voted on the Arti- I submit for this body James Madi- secondly because they hold the power cles of Impeachment, the Speaker son’s response: ‘‘So vague a term will to irrevocably set the course of Amer- waited 4 full weeks before transmitting be equivalent to a tenure during the ican history. the articles to the Senate. Those were pleasure of the Senate.’’ With similar consideration, I have weeks the House could have spent fur- Madison knew that impeachment taken a sober and deliberate approach thering its inquiry, had it not rushed based purely on disagreements about to the impeachment proceedings of the the process. Instead, without a hint of governance would turn the U.S. Con- last few weeks, conscious of my con- irony, House leadership attempted to gress into a parliamentary body, akin stitutional responsibility to serve as an use that time to pressure the Senate to those tumultuous coalitions in Eu- impartial juror. into gathering the very witness testi- rope, which could recall a President on As the investigative body, the House mony their own investigators chose little more than a whim. To do so has charged President Trump with not to pursue. would subordinate the Executive to the abuse of power and obstruction of Con- Additionally, in drafting the Articles Congress, rather than delineating its gress. The Senate’s role is to determine of Impeachment, the House stated role as a coequal branch of our Federal whether the House has proven its case President Trump committed ‘‘Criminal Government. And with political winds beyond a reasonable doubt and wheth- bribery and honest services wire changing as frequently then as they do er, if true, these charges rise to the fraud,’’ two crimes that carry penalties now, he saw that every President could level of removing the President from under our Criminal Code. Inexplicably, theoretically be thus impeached on office. the House chose not to include those fractious and uncertain terms. After listening to more than 70 hours alleged criminal misdeeds in the arti- In a functioning democracy, the of arguments from the House managers cles sent to the Senate, much less President cannot serve at ‘‘the pleas- and the President’s counsel, I have con- argue them in front of this body. cluded that the House has not provided At every turn, it appears the House ure of Senate.’’ He must serve at the the Senate with a compelling reason made decisions not based on the pur- pleasure of the people. Gouverneur Morris supported Madi- for taking the unprecedented and de- suit of justice but on politics. When son’s argument, adding at the time: stabilizing step of removing the Presi- due process threatened to slow down dent from office. the march forward, they took short- ‘‘An election every four years will pre- In my role as chairman of the Senate cuts. When evidence was too com- vent maladministration.’’ Thus ‘‘maladministration’’ was not Intelligence Committee, I have visited plicated to obtain or an accusation did made an impeachable offense in Amer- countries all over the world. What sep- not carry weight, the House created arates the United States from every new, flimsy standards on the fly, hop- ica, expressly because we have the re- other nation on Earth is our predict- ing public pressure would sway Senate course of free and fair elections. I bring up this story for two reasons. able, peaceful transitions of power. jurors in lieu of facts. Every 4 years, Americans cast their The Founding Fathers who crafted First, the Founder’s decision signals to ballots with the confidence their vote our modern impeachment mechanism me they felt strongly that an impeach- will be counted and the knowledge that predicted this moment, and warned able offense must be a crime akin to both winners and losers will abide by against a solely partisan and politi- treason, bribery, or an act equally seri- the results. cally motivated process. ous, as defined in the Criminal Code. To remove a U.S. President from of- In Federalist 65, Alexander Hamilton Second, this story tells me the Found- fice, for the first time in history, on wrote, ‘‘In many cases [impeachment] ers believed anything that does not anything less than overwhelming evi- will connect itself with the pre-exist- meet the Constitutional threshold dence of ‘‘Treason, Bribery, or High ing factions, and will enlist all their should be navigated through the elec- Crimes and Misdemeanors’’ would ef- animosities, partialities, influence, and toral process. fectively overturn the will of the interest on one side or on the other; By that standard, I do not believe the American people. and in such cases there will always be Articles of Impeachment presented to As the Speaker said last year, ‘‘Im- the greatest danger that the decision the Senate rise to the level of removal peachment is so divisive to the country will be regulated more by the compara- from office, nor do I believe House that unless there’s something so com- tive strength of parties, than by the managers succeeded in making the pelling and overwhelming and bipar- real demonstrations of innocence or case incumbent upon them to prove. tisan, I don’t think we should go down guilt.’’ Given the weak underpinnings of the that path, because it divides the coun- Hamilton believed impeachment was articles themselves and the House’s try.’’ a necessary tool but one to be used partisan process, it would be an error I believe the Speaker was correct in when the evidence of wrongdoing was to remove the President mere months her assessment. A year later, however, so overwhelming, it elevated the proc- before a national election; therefore, I the House went down that exact path, ess above partiality and partisanship. have concluded I will vote to acquit choosing to conduct a highly partisan The House has failed to meet that President Donald J. Trump on both ar- impeachment inquiry, with standard. ticles of impeachment. underwhelming evidence, in a deeply The Founders also warned against Ms. KLOBUCHAR. Mr. President, flawed process. using impeachment as recourse for today is a somber day for our country.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.043 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S916 CONGRESSIONAL RECORD — SENATE February 5, 2020 As Senators, we are here as representa- We do not even have to try and find the President disparaged her on Twit- tives of the American people. It is our it. John Bolton has firsthand knowl- ter. And I will never forget when Lieu- duty, as we each swore to do when we edge about central facts in this case, tenant Colonel Vindman testified and took our oath of office, to support and and he said he would comply with a sent a message to his immigrant fa- defend the Constitution. We also took subpoena from the Senate. We also ther, saying, ‘‘Don’t worry Dad, I will an oath, as judges and jurors in this know there are documents that could be fine for telling the truth.’’ proceeding, to pursue ‘‘impartial jus- verify testimony presented in the As Manager SCHIFF said, in our coun- tice’’ as we consider these articles—in- House, like records of emails sent be- try ‘‘right matters.’’ What is right and cluding the serious charge that the tween administration officials in the wrong under our Constitution does not President of the United States lever- days after the July 25 call. We cannot turn on whether or not you like the aged the power of his office for his own ignore this evidence—we have a con- President. It is not about whether the personal gain. stitutional duty to consider it. disregard for its boundaries furthers Those are the oaths that the Framers And since this trial began, new evi- policies that you agree or disagree set out for us in the Constitution, to dence has continued to emerge. One with. It is about whether it remains guide the Senate in its oversight re- way or another, the truth is going to true that in our country, right mat- sponsibilities. The Framers believed come out. I believe that history will re- ters. Through his actions, the Presi- that the legislative branch was best po- member that the majority in this body dent compromised the security of our sitioned to provide a check on the Ex- did not seek out the evidence and in- ally Ukraine, invited foreign inter- ecutive. They envisioned that the sepa- stead decided that the President’s al- ference in our elections, and under- ration of powers would allow each leged corrupt acts did not even require mined the integrity of our democratic branch of government to oversee the a closer look. process—conduct that I believe the other. They also knew, based on their But even without firsthand accounts Framers would see as an abuse of experience living under the British and without primary documents, the power and violation of his oath of of- monarchy, that someday a President House managers have presented a com- fice. might corrupt the powers of the office. pelling case. I was particularly inter- The Articles of Impeachment include William Davie from North Carolina ested in the evidence that the man- a second charge: that the President was particularly concerned that a agers presented showing that the Presi- used the powers of his office to prevent President could abuse his office by dent’s conduct put our national secu- Congress from investigating his actions sparing ‘‘no efforts or means whatever rity at risk by jeopardizing our support and attempted to place himself above to get himself reelected.’’ for Ukraine. the law. So the Framers put in place a stand- Protecting Ukraine’s fragile democ- Unlike any President before him, ard that would cover a range of Presi- racy has been a bipartisan priority. I President Trump categorically refused dential misconduct, settling on: ‘‘Trea- went to Ukraine with the late Senator to comply with any requests from Con- gress. Even President Nixon directed son, Bribery, or other high Crimes and John McCain and Senator LINDSEY ‘‘all the president’s men’’ to comply Misdemeanors.’’ As Alexander Ham- GRAHAM right after the 2016 election to with congressional requests. Despite ilton explained in Federalist 65, the make clear that the United States that history, President Trump directed phrase was intended to cover the would continue to support our ally every member of his administration ‘‘abuse or violation of some public Ukraine in the face of Russian aggres- not to comply with requests to testify trust’’ and ‘‘injuries done immediately sion—that we will stand up for democ- and also directed the executive branch to society itself.’’ The Framers de- racy. As the House managers stressed, not to release a single document. signed a remedy for this public harm: it is in our national security interest The President’s refusal to respect the removal from public office. So now we to strengthen Ukraine’s democracy. Congress’s authority is a direct threat are here as judge and jury to try the The United States has 60,000 troops sta- to the separation of powers. The Con- case and to evaluate whether the Presi- tioned in Europe, and thousands of stitution gives the House the ‘‘sole dent’s acts have violated the public Ukrainians have died fighting Russian power of impeachment,’’ a tool of last trust and injured our democracy. forces and their proxies. resort to provide a check on the presi- I am concerned of course that the Our Nation’s support for Ukraine is dent. By refusing to cooperate, the Senate has decided that we must make critically needed. Ukraine is at the President is attempting to erase the this decision without all the facts. frontline of Russian aggression, and Congress’s constitutional power and to With a 51 to 49 vote, the senate blocked since the Russians invaded Crimea in prevent the American people from the opportunity to call witnesses with 2014, the United States has provided learning of his misconduct. As we dis- firsthand knowledge or to get relevant over $1.5 billion in aid. Russia is watch- cussed during our questions, the Presi- documents. Fairness means evidence— ing everything we do. So this summer, dent is asserting that his aides have it means documents, and it means wit- as a new Ukrainian President prepared absolute immunity, a proposition that nesses. In every past impeachment to lead his country and address the war Federal courts have consistently re- trial in the Senate, in this body’s en- with Russia, it was critical that Presi- jected. Manager Demings warned, ‘‘ab- tire 231-year history, there have been dent Trump showed the world that we solute power corrupts absolutely.’’ witnesses. There is no reason why the stand with Ukraine. Instead, President But this President has taken many Senate should not have called people to Trump decided to withhold military se- steps to place himself above the law. testify who have firsthand knowledge curity assistance and to deny the This administration has taken the po- of the President’s conduct, especially Ukrainian President an Oval Office sition that a sitting President cannot if, as some of my colleagues have sug- meeting. In doing so, he jeopardized be indicted or prosecuted. This Presi- gested, you believe the facts are in dis- our national security interests and put dent has argued that he is immune pute. the Ukrainians in danger. But worse from State and criminal investiga- During the question period, I asked yet, he did so to benefit himself. tions. And now we are being asked to about the impeachment of Judge Testimony from the 17 current and say that the Constitution’s check on a Porteous in 2010. I joined several of my former officials from the President’s President’s power, as set out by the colleagues in serving on the trial com- administration made it clear that the Framers, cannot prevent a President mittee. We heard from 26 witnesses in President leveraged the power of his of- from abusing his power and covering it the Senate, 17 of whom were new wit- fice to pressure Ukraine to announce up. nesses who had not previously testified an investigation into his political During the trial, we have heard this in the House. What possible reason rival. These brave public servants de- directly from the President’s defense. could there be for allowing 26 witnesses fied the President’s order and agreed to In the words of Alan Dershowitz, ‘‘If a in a judicial impeachment trial and testify about what happened despite president does something which he be- zero in a President’s trial? How can we the risks to their careers. Former U.S. lieves will help him get elected—in the consider this a fair trial if we are not Ambassador to Ukraine Marie public interest—that cannot be the even willing to try and get to the Yovanovitch showed particular cour- kind of quid pro quo that results in im- truth? age, testifying before the House even as peachment.’’ These echo the words of

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.042 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S917 an impeached President, Richard proximately $400 million in military The evidence of Trump’s guilt is so Nixon, who said: ‘‘When the president aid from Ukraine. Finally, according to overwhelming that the Republican does it, that means it is not illegal.’’ the charges, even when Trump’s Party, for the first time in the history We cannot accept that conclusion. In scheme to withhold aid was made pub- of Presidential impeachment, ob- this country the President is not King, lic, he ‘‘persisted in openly and cor- structed testimony from witnesses— the law is King. But if the Senate looks ruptly urging and soliciting Ukraine to even willing witnesses. It defies basic past the President’s defiance of Con- undertake investigations for his per- common sense that in a trial to deter- gress, we will forever undermine our sonal political benefit.’’ So on this first mine whether the President of the status as a coequal branch and under- Article of Impeachment, it is my view United States is above the law, the mine the rule of law. that the President is clearly guilty. Senate would not hear from the people So as we consider these Articles of The second Article of Impeachment who could speak directly to President Impeachment, I ask my colleagues to asserts that Trump obstructed Con- Trump’s behavior and motive. Leader think about the consequences. Our sys- gress in its investigation of Trump’s MITCH MCCONNELL’s handling of this tem, designed by the Framers 232 years abuse of power, stating that Trump trial, unfortunately, was nothing more ago, is one not of absolute power but of ‘‘has directed the unprecedented, cat- than a political act. power through and by the people. We egorical, and indiscriminate defiance of Yet this impeachment trial is about are, in some ways, faced with the same subpoenas issued by the House of Rep- more than just the charges against question the Founders faced when they resentatives pursuant to its ‘sole President Trump. What this impeach- made the fateful decision to challenge Power of Impeachment.’ ’’ According to ment vote will decide is whether we be- the unchecked power of a King. the warped logic of the arguments pre- lieve that the President, any President, When signing the Declaration of sented by the President’s counsel, is above the law. Independence, John Hancock signed his there are almost no legal bounds to Last week, Alan Dershowitz, one of name large and said, ‘‘There must be anything a President can do so long as President Trump’s lawyers, argued to no pulling different ways. We must all it benefits his own reelection. If a the Senate that a President cannot be hang together.’’ Benjamin Franklin re- President cannot be investigated impeached for any actions he or she plied, ‘‘Yes, we must, indeed, all hang criminally or by Congress while in of- takes that are intended to benefit their together, or most assuredly we shall all fice, then he or she would be effectively own reelection. That is truly an ex- hang separately.’’ above the law. President Trump, who traordinary and unconstitutional as- We have the opportunity today to raised absurd legal arguments to hide sertion. If Trump is acquitted, I fear stand together and say that the Con- his actions and obstruct Congress, is the repercussions of this argument stitution, that these United States, are clearly guilty here as well. would do grave damage to the rule of stronger than our enemies, foreign and Now, frankly, while the House of law in our country. domestic, and we, together, are strong- Representatives passed two Articles of Imagine what such a precedent would er than a President who would corrupt Impeachment, President Trump could allow an incumbent president to get our democracy with an abuse of power have been impeached for more than away with for the sake of their own re- and an attempt to deny the rights of a just that. election. Hacking an opponent’s email For example, it seems clear that coequal branch of government. We do using government resources? Soliciting Donald Trump has violated both the not have to agree on everything today election interference from China? domestic and foreign emoluments or tomorrow or a year from now, but Under this argument, what would stop clauses. In other words, it appears surely we can agree on the same basic a President from withholding infra- Trump has used the Federal Govern- principles: that this is a government of structure or education funding to a ment over and over to benefit himself laws, not of men-and women; that in given State to pressure elected officials financially. this country, no one is above the law. In 2018 alone, Trump’s organization into helping the President politically? If we can agree on that much, then I made over $40 million in profit just Let me be clear: Republicans will set submit to my colleagues that the from his Trump hotel in DC alone. And a dangerous and lawless precedent if choice before us is clear. foreign governments, including lob- they vote to acquit President Trump. A Mr. SANDERS. Mr. President, an im- bying firms connected to the Saudi Republican acquittal of Donald Trump peachment trial of a sitting President Arabian Government, have spent hun- won’t just mean that the current Presi- of the United States is not a matter to dreds of thousands of dollars at that dent is above the law; it will give a be taken lightly. A President should hotel. That appears to be corruption, green light to all future Presidents to not and must not be impeached because pure and simple. disregard the law so long as it benefits of political disagreements or policy dif- In addition, as we all know, there is their reelection. ferences. That is what elections are for. significant evidence that Donald It gives me no pleasure to conclude Instead, an impeachment trial occurs Trump committed obstruction of jus- that President Donald Trump is guilty when a President violates the oath he tice with regard to the Robert Mueller of the offenses laid out in the two Arti- or she swore to uphold the Constitu- investigation by, among other actions, cles of Impeachment. I will vote to tion of the United States. firing the FBI Director, James Comey. convict on both counts. But my greater Therefore, there are two questions One of the difficulties of dealing with concern is if Republicans acquit Presi- for me to answer as a juror in the im- President Trump and his administra- dent Trump by undercutting the very peachment trial of President Donald J. tion is that we cannot trust his words. rule of law. That will truly be remem- Trump: whether President Trump is He is a pathological liar who, according bered as a sad and dangerous moment guilty of abusing his power as Presi- to media research, has lied thousands in the history of our country. dent for his own political gain and of times since he was elected. During Mr. TOOMEY. Mr. President, I rise to whether he obstructed Congress in the trial, I posed a question to the speak about the House Articles of Im- their investigation of him. House impeachment managers: Given peachment against President Donald The first Article of Impeachment that the media has documented Presi- Trump. charges President Trump with abuse of dent Trump’s thousands of lies while in In 1999, then-Senator Joe Biden of power when he ‘‘solicited the inter- office—more than 16,200 as of January Delaware asked the following question ference of a foreign government, 20, 2020—why would we be expected to during the impeachment trial of Presi- Ukraine, in the 2020 United States believe that anything President Trump dent Bill Clinton: ‘‘[D]o these actions Presidential election.’’ Based on the says has credibility? The answer is rise to the level of high crimes and evidence I heard during the Senate that, sadly, we cannot. misdemeanors necessary to justify the trial, Trump ‘‘corruptly solicited’’ an Sadly, we now have a President who most obviously antidemocratic act the investigation into former Vice Presi- sees himself as above the law and is ei- Senate can engage in—overturning an dent Joe Biden and his son in order to ther ignorant or indifferent to the Con- election by convicting the president?’’ benefit his own reelection chances. To stitution. And we have a President who He answered his own question by vot- increase the pressure on Ukraine, clearly committed impeachable of- ing against removing President Clinton President Trump then withheld ap- fenses. from office.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.042 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S918 CONGRESSIONAL RECORD — SENATE February 5, 2020 It is this constitutionally grounded witnesses in the House impeachment bipartisan and must enjoy broad public framework—articulated well by Vice proceedings stated, U.S. policy in sup- support. In fact, as recently as March President Biden—that guided my report of Ukraine is stronger under of last year, Manager ADAM SCHIFF said view of President Trump’s impeach- President Trump than under President there would be ‘‘little to be gained by ment and, ultimately, my decision to Obama. putting the country through’’ the oppose his removal. Even if House Democrats’ presump- ‘‘wrenching experience’’ of a partisan House Democrats’ impeachment arti- tions about President Trump’s motives impeachment. Yet, only a few months cles allege that President Trump brief- are true, additional witnesses in the later, a partisan impeachment is ex- ly paused aid and withheld a White Senate, beyond the 17 witnesses who actly what the House produced. This House meeting with Ukraine’s Presi- testified in the House impeachment meant two Articles of Impeachment dent to pressure Ukraine into inves- proceedings, are unnecessary because whose true purpose was not to protect tigating two publicly reported corrup- the President’s actions do not rise to the Nation but, rather, to, as Speaker tion matters. The first matter was pos- the level of removing him from office, NANCY PELOSI said, stain the Presi- sible Ukrainian interference in our 2016 nor do they warrant the societal up- dent’s record because ‘‘he has been im- election. The second was Vice Presi- heaval that would result from his re- peached forever’’ and ‘‘they can never dent Biden’s role in firing the con- moval from office and the ballot erase that.’’ troversial Ukrainian prosecutor inves- months before an election. Our country It now falls upon this Senate to take tigating a company on whose board is already far too divided and this up what the House produced and faith- Vice President Biden’s son sat. When would only make matters worse. fully execute our duties under the Con- House Democrats demanded witnesses As Vice President Biden also stated stitution of the United States. and documents concerning the Presi- during President Clinton’s impeach- Why does impeachment exist? dent’s conduct, he invoked constitu- ment trial, ‘‘[t]here is no question the As manager JERRY NADLER reminded tional rights and resisted their de- Constitution sets the bar for impeach- us last week, removal is not a punish- mands. ment very high.’’ A President can only ment for a crime, nor is removal sup- The President’s actions were not be impeached and removed for ‘‘Trea- posed to be a way to hold Presidents ‘‘perfect.’’ Some were inappropriate. son, Bribery, or other high Crimes and accountable; that is what elections are But the question before the Senate is Misdemeanors.’’ While there is debate for. The sole purpose of this extraor- not whether his actions were perfect; it about the precise meaning of ‘‘other dinary power to remove the one person is whether they constitute impeachable high Crimes and Misdemeanors,’’ it is entrusted with all of the powers of an offenses that justify removing a sitting clear that impeachable conduct must entire branch of government is to pro- President from office for the first time be comparable to the serious offenses vide a last-resort remedy to protect the and forbidding him from seeking office of treason and bribery. country. That is why Hamilton wrote again. The Constitution sets the impeach- that in these trials our decisions Let’s consider the case against Presi- ment bar so high for good reasons. Re- should be pursuing ‘‘the public good.’’ dent Trump: obstruction of Congress moving a President from office and for- Even before the trial, I announced and abuse of power. On obstruction, bidding him from seeking future office that, for me, the question would not House Democrats allege the President overturns the results of the last elec- just be whether the President’s actions lacked ‘‘lawful cause or excuse’’ to re- tion and denies Americans the right to were wrong but ultimately whether sist their subpoenas. This ignores that vote for him in the next one. The Sen- what he did was removable. The two his resistance was based on constitu- ate’s impeachment power essentially are not the same. It is possible for an tionally grounded legal defenses and allows 67 Senators to substitute their offense to meet a standard of impeach- immunities that are consistent with judgment for the judgment of millions ment and yet not be in the best inter- longstanding positions taken by ad- of Americans. est of the country to remove a Presi- ministrations of both parties. Instead The framework Vice President Biden dent from office. of negotiating a resolution or liti- articulated in 1999 for judging an im- To answer this question, the first gating in court, House Democrats peachment was right then, and it is step was to ask whether it would serve rushed to impeach. But as House right now. President Trump’s conduct the public good to remove the Presi- Democrats noted during President does not meet the very high bar re- dent, even if the managers had proven Clinton’s impeachment, a President’s quired to justify overturning the elec- every allegation they made. It was not defense of his legal and constitutional tion, removing him from office, and difficult to answer that question on the rights and responsibilities is not an im- kicking him off the ballot in an elec- charge of obstruction of congress. The peachable offense. tion that has already begun. In Novem- President availed himself of legal de- House Democrats separately allege ber, the American people will decide fenses and constitutional privileges on President Trump abused his power by for themselves whether President the advice of his legal counsel. He has conditioning a White House meeting Trump should stay in office. In our taken a position identical to that of and the release of aid on Ukraine democratic system, that is the way it every other administration in the last agreeing to pursue corruption inves- should be. 50 years. That is not an impeachable tigations. Their case rests entirely on Mr. RUBIO. Mr. President, voting to offense, much less a removable one. the faulty claim that the only possible find the President guilty in the Senate Negotiations with Congress and en- motive for his actions was his personal is not simply a finding of wrongdoing; forcement in the courts, not impeach- political gain. In fact, there are also le- it is a vote to remove a President from ment, should be the front-line recourse gitimate national interests for seeking office for the first time in the 243-year when Congress and the President dis- investigations into apparent corrup- history of our Republic. agree on the separation of powers. But tion, especially when taxpayer dollars When they decided to include im- here, the House failed to go to court are involved. peachment in the Constitution, the because, as Manager SCHIFF admitted, Here is what ultimately occurred: Framers understood how disruptive they did not want to go through a year- President Trump met with Ukraine’s and traumatic it would be. As Alex- long exercise to get the information President, and the aid was released ander Hamilton warned, impeachment they wanted. Ironically, they now de- after a brief pause. These actions hap- will ‘‘agitate the passions of the whole mand that the Senate go through this pened without Ukraine announcing or community.’’ very long exercise they themselves de- conducting investigations. The idea This is why they decided to require cided to avoid. that President Trump committed an the support of two-thirds of the Senate On the first Article of Impeachment, impeachable offense by meeting with to remove a President we serve as a I reject the argument that abuse of Ukraine’s President at the United Na- guardrail against partisan impeach- power can never constitute grounds for tions in New York instead of Wash- ment and against removal of a Presi- removal unless a crime or a crime-like ington, DC is absurd. Moreover, the dent without broad public support. action is alleged. However, even if the pause in aid did not hinder Ukraine’s Leaders in both parties previously House managers had been able to prove ability to combat Russia. In fact, as recognized that impeachment must be every allegation made in article I,

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.039 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S919 would it be in the interest of the Na- Just last year, Speaker PELOSI said discussion and debate to sway public tion to remove the President? Answer- that any impeachment ‘‘would have to opinion, but in the end, it is essential ing this question requires a political be so clearly bipartisan in terms of ac- that we rely upon, respect, and accept judgment—one that takes into account ceptance of it.’’ And in 1998, Represent- the public’s electoral decisions. both the severity of the wrongdoing ative NADLER, currently a House im- In addition, I ask unanimous consent they allege and the impact removal peachment manager, said, ‘‘There must that my November 18, 2019, letter to would have on the Nation. never be . . . an impeachment substan- Congressmen NUNES and JORDAN, and I disagree with the House Managers’ tially supported by one of our major the January 22, 2020, Real Clear Inves- argument that, if we find the allega- political parties and largely opposed by tigations article written by Paul Sper- tions they have made are true, failing the other . . . Such an impeachment ry be printed in the RECORD following to remove the President leaves us with would lack legitimacy, would produce my remarks. no remedy to constrain this or future divisiveness and bitterness in our poli- The November 18, 2019, letter re- Presidents. Congress and the courts tics for years to come . . .’’ sponds to NUNES’ and JORDAN’s request have multiple ways by which to con- And yet, that is exactly what House to provide information regarding my strain the power of the Executive. And Democrats passed. I truly wish Speaker firsthand knowledge of events regard- ultimately, voters themselves can hold PELOSI, Chairman NADLER, and their ing Ukraine that were relevant to the the President accountable in an elec- House colleagues would have followed impeachment inquiry. The January 22, tion, including the one just 9 months their own advice. 2020, article was referenced in my ques- from now. As I listened to the House managers’ tion to the House managers and coun- I also considered removal in the con- closing arguments, I jotted down adjec- sel to the President during the 16-hour text of the bitter divisions and deep po- tives describing the case they were question and answer phase of the im- larization our country currently faces. making: angry, disingenuous, hyper- peachment trial. Specifically, that The removal of the President—espe- bolic, sanctimonious, distorted—if not question asked: ‘‘Recent reporting de- cially one based on a narrowly voted outright dishonest—and overstated; scribed two NSC staff holdovers from impeachment, supported by one polit- they were making a mountain out of a the Obama administration attending ical party and opposed by another and molehill. an ‘all hands’ meeting of NSC staff held without broad public support—would, Congressman SCHIFF and the other about two weeks into the Trump ad- as Manager NADLER warned over two House managers are not stupid. They ministration and talking loudly decades ago, ‘‘produce divisiveness and had to know that their insults and ac- enough to be overheard saying, ‘we bitterness’’ that will threaten our Na- cusations—that the President had need to do everything we can to take tion for decades. Can anyone doubt threatened to put our heads on a pike, out the president.’ On July 26, 2019, the that at least half of the country would that the Senate was on trial, that we House Intelligence Committee hired view his removal as illegitimate—as would be part of the coverup if we one of those individuals, Sean Misko. nothing short of a coup d’e´tat? It is dif- didn’t cave to their demand for wit- The report further describes relation- ficult to conceive of any scheme Putin nesses—would not sway Republican ships between Misko, Lt. Col. could undertake that would undermine Senators. No, they had another goal in Vindman, and the alleged whistle- confidence in our democracy more than mind. They were using impeachment blower. Why did your committee hire removal would. and their public offices to accomplish Sean Misko the day after the phone I also reject the argument that un- the very thing they accused President call between Presidents Trump and less we call new witnesses, this is not a Trump of doing, interfering in the 2020 Zelensky, and what role has he played fair trial. First, they cannot argue that election. throughout your committee’s inves- fairness demands we seek witnesses Impeachment should be reserved for tigation?’’ they did little to pursue. Second, even the most serious of offenses where the There being no objection, the mate- if new witnesses would testify to the risk to our democracy simply cannot rial was ordered to be printed in the truth of the allegations made, these al- wait for the voters’ next decision. That RECORD, as follows: legations, even if they had been able to was not the case here. Hon. JIM JORDAN, prove them, would not warrant the Instead, the greater damage to our Ranking Member, President’s removal. democracy would be to ratify a highly Committee on Oversight and Reform. This high bar I have set is not new partisan House impeachment process Hon. DEVIN NUNES, for me. In 2014, I rejected calls to pur- that lacked due process and sought to Ranking Member, Permanent Select Committee on Intelligence. sue impeachment of President Obama, impose a duty on the Senate to repair DEAR CONGRESSMAN JORDAN AND CONGRESS- noting that he ‘‘has two years left in the House’s flawed product. Caving to MAN NUNES: I am writing in response to the his term,’’ and, instead of pursuing im- House managers’ demands would have request of Ranking Members Nunes and Jor- peachment, we should use existing set a dangerous precedent and dramati- dan to provide my first-hand information tools at our disposal to ‘‘limit the cally altered the constitutional order, and resulting perspective on events relevant amount of damage he’s doing to our further weaponizing impeachment and to the House impeachment inquiry of Presi- economy and our national security.’’ encouraging more of them. dent Trump. It is being written in the middle of that inquiry—after most of the deposi- Senator PATRICK LEAHY, the Presi- Now that the trial is over, I sincerely tions have been given behind closed doors, dent pro tempore emeritus, once hope everyone involved has renewed but before all the public hearings have been warned, ‘‘[A] partisan impeachment appreciation for the genius of our held. cannot command the respect of the Founding Fathers and for the separa- I view this impeachment inquiry as a con- American people. It is no more valid tion of powers they incorporated into tinuation of a concerted, and possibly coordi- than a stolen election.’’ His words are the U.S. Constitution. I also hope all nated, effort to sabotage the Trump adminis- more true today than when he said the players in this national travesty go tration that probably began in earnest the them two decades ago. We should heed forward with a greater sense of humil- day after the 2016 presidential election. The his advice. ity and recognition of the limits the latest evidence of this comes with the reporting of a Jan. 30, 2017 tweet (10 days after I will not vote to remove the Presi- Constitution places on their respective Trump’s inauguration) by one of the whistle- dent because doing so would inflict ex- offices. blower’s attorneys, Mark Zaid: ‘‘#coup has traordinary and potentially irreparable I am concerned about the divisive- started. First of many steps. #rebellion. damage to our already divided Nation. ness and bitterness that Chairman #impeachment will follow ultimately.’’ Mr. JOHNSON. Mr. President, I am NADLER warned us about. We are a di- But even prior to the 2016 election, the glad that this unfortunate chapter in vided nation, and it often seems the FBI’s investigation and exoneration of American history is over. The strength lines are only hardening and growing former Secretary of State Hillary Clinton, of our Republic lies in the fact that, combined with Fusion GPS’ solicitation and farther apart. But hope lies in finding dissemination of the Steele dossier—and the more often than not, we settle our po- what binds us together—our love of FBI’s counterintelligence investigation litical differences at the ballot box, not freedom, our faith, our families. based on that dossier—laid the groundwork on the streets or battlefield and not We serve those who elect us. It is ap- for future sabotage. As a result, my first- through impeachment. propriate and necessary to engage in hand knowledge and involvement in this

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.018 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S920 CONGRESSIONAL RECORD — SENATE February 5, 2020 saga began with the revelation that former fulfilling the election mandate to fight cor- At the suggestion of Sondland, the delega- Secretary of State Hillary Clinton kept a ruption, and also discussed the priority of tion (Perry, Volker, Sondland and me) pro- private e-mail server. Ukraine obtaining sufficient inventories of posed a meeting with President Trump in the I have been chairman of the Senate Com- gas prior to winter. Oval Office. The purpose of the meeting was mittee on Homeland Security and Govern- Two specific points made during the meet- to brief the president on what we learned at mental Affairs (HSGAC) since January 2015. ings stand out in my memory as being rel- the inauguration, and convey our impres- In addition to its homeland security port- evant. sions of Zelensky and the current political folio, the committee also is charged with The first occurred during the country climate in Ukraine. The delegation uni- general oversight of the federal government. briefing. I had just finished making the point formly was impressed with Zelensky, under- Its legislative jurisdiction includes federal that supporting Ukraine was essential be- stood the difficult challenges he faced, and records. So when the full extent of Clinton’s cause it was ground zero in our geopolitical went into the meeting hoping to obtain use of a private server became apparent in competition with Russia. I was surprised President Trump’s strong support for March 2015, HSGAC initiated an oversight in- when Vindman responded to my point. He Zelensky and the people of Ukraine. Our spe- vestigation. stated that it was the position of the NSC cific goals were to obtain a commitment Although many questions remain unan- that our relationship with Ukraine should be from President Trump to invite Zelensky to swered from that scandal, investigations re- kept separate from our geopolitical competi- meet in the Oval Office, to appoint a U.S. sulting from it by a number of committees, tion with Russia. My blunt response was, ambassador to Ukraine who would have reporters and agencies have revealed mul- ‘‘How in the world is that even possible?’’ strong bipartisan support, and to have Presi- tiple facts and episodes that are similar to I do not know if Vindman accurately stat- dent Trump publicly voice his support. aspects of the latest effort to find grounds ed the NSC’s position, whether President Our Oval Office meeting took place on May for impeachment. In particular, the political Trump shared that viewpoint, or whether 23. The four members of the delegation sat bias revealed in the Strzok/Page texts, use of Vindman was really just expressing his own lined up in front of President Trump’s desk. the discredited Steele dossier to initiate and view. I raise this point because I believe that Because we were all directly facing the presi- sustain the FBI’s counterintelligence inves- a significant number of bureaucrats and staff dent, I do not know who else was in attend- tigation and FISA warrants, and leaks to the members within the executive branch have ance sitting or standing behind us. I can’t media that created the false narrative of never accepted President Trump as legiti- speak for the others, but I was very surprised Trump campaign collusion with Russia all mate and resent his unorthodox style and his by President Trump’s reaction to our report fit a pattern and indicate a game plan that intrusion onto their ‘‘turf.’’ They react by and requests. I suspect has been implemented once again. leaking to the press and participating in the He expressed strong reservations about It is from this viewpoint that I report my ongoing effort to sabotage his policies and, if supporting Ukraine. He made it crystal clear specific involvement in the events related to possible, remove him from office. It is en- that he viewed Ukraine as a thoroughly cor- Ukraine and the impeachment inquiry. tirely possible that Vindman fits this profile. rupt country both generally and, specifi- I also am chairman of the Subcommittee Quotes from the transcript of Vindman’s cally, regarding rumored meddling in the on Europe and Regional Security Coopera- opening remarks and his deposition reinforce 2016 election. Volker summed up this atti- tion of the Senate Foreign Relations Com- this point and deserve to be highlighted. tude in his testimony by quoting the presi- mittee. I have made six separate trips to Vindman testified that an ‘‘alternative nar- dent as saying, ‘‘They are all corrupt. They Ukraine starting in April 2011. Most re- rative’’ pushed by the president’s personal are all terrible people. . . . I don’t want to cently, I led two separate Senate resolutions attorney, Rudy Giuliani, was ‘‘inconsistent spend any time with that.’’ I do not recall calling for a strong U.S. and NATO response with the consensus views of the’’ relevant President Trump ever explicitly mentioning to Russian military action against Ukraine’s federal agencies and was ‘‘undermining the the names Burisma or Biden, but it was obvi- navy in the Kerch Strait. I traveled to consensus policy.’’ ous he was aware of rumors that corrupt ac- Vindman’s testimony, together with other Ukraine to attend president-elect tors in Ukraine might have played a part in witnesses’ use of similar terms such as ‘‘our Volodymyr Zelensky’s inauguration held on helping create the false Russia collusion nar- policy,’’ ‘‘stated policy,’’ and ‘‘long-standing May 20, and again on Sept. 5 with U.S. Sen. rative. policy’’ lend further credence to the point Of the four-person delegation, I was the Chris Murphy to meet with Zelensky and I’m making. Whether you agree with Presi- only one who did not work for the president. other Ukrainian leaders. dent Trump or not, it should be acknowl- Following the Orange Revolution, and even As a result, I was in a better position to push edged that the Constitution vests the power more so after the Maidan protests, the Revo- back on the president’s viewpoint and at- of conducting foreign policy with the duly lution of Dignity, and Russia’s illegal annex- tempt to persuade him to change it. I ac- elected president. American foreign policy is knowledged that he was correct regarding ation of Crimea and invasion of eastern what the president determines it to be, not endemic corruption. I said that we weren’t Ukraine, support for the people of Ukraine what the ‘‘consensus’’ of unelected foreign asking him to support corrupt oligarchs and has been strong within Congress and in both policy bureaucrats wants it to be. If any bu- politicians but to support the Ukrainian peo- the Obama and Trump administrations. reaucrats disagree with the president, they ple who had given Zelensky a strong man- There was also universal recognition and should use their powers of persuasion within date to fight corruption. I also made the concern regarding the level of corruption their legal chain of command to get the point that he and Zelensky had much in that was endemic throughout Ukraine. In president to agree with their viewpoint. In common. Both were complete outsiders who 2015, Congress overwhelmingly authorized the end, if they are unable to carry out the face strong resistance from entrenched inter- $300 million of security assistance to policy of the president, they should resign. ests both within and outside government. Ukraine, of which $50 million was to be They should not seek to undermine the pol- Zelensky would need much help in fulfilling available only for lethal defensive weaponry. icy by leaking to people outside their chain his mandate, and America’s support was cru- The Obama administration never supplied of command. cial. the authorized lethal defensive weaponry, The other noteworthy recollection involves It was obvious that his viewpoint and res- but President Trump did. how Perry conveyed the delegation concern ervations were strongly held, and that we Zelensky won a strong mandate—73%— over rumors that Zelensky was going to ap- would have a significant sales job ahead of us from the Ukrainian public to fight corrup- point Andriy Bohdan, the lawyer for oligarch getting him to change his mind. I specifi- tion. His inauguration date was set on very Igor Kolomoisky, as his chief of staff. The cally asked him to keep his viewpoint and short notice, which made attending it a delegation viewed Bohdan’s rumored ap- reservations private and not to express them scheduling challenge for members of Con- pointment to be contrary to the goal of publicly until he had a chance to meet gress who wanted to go to show support. As fighting corruption and maintaining U.S. Zelensky. He agreed to do so, but he also a result, I was the only member of Congress support. Without naming ‘‘Bohdan, Sec- added that he wanted Zelensky to know ex- joining the executive branch’s inaugural del- retary Perry made U.S. concerns very clear actly how he felt about the corruption in egation led by Energy Secretary Rick Perry, in his remarks to Zelensky. Ukraine prior to any future meeting. I used Special Envoy Kurt Volker, U.S. Ambassador Shortly thereafter, ignoring U.S. advice, that directive in my Sept. 5 meeting with to the European Union Gordon Sondland, Zelensky did appoint Bohdan as his chief of Zelensky in Ukraine. and Lt. Col. Alexander Vindman, rep- staff. This was not viewed as good news, but One final point regarding the May 23 meet- resenting the National Security Council. I I gave my advice on how to publicly react in ing: I am aware that Sondland has testified arrived the evening before the inauguration a text to Sondland on May 22: ‘‘Best case sce- that President Trump also directed the dele- and, after attending a country briefing pro- nario on COS: Right now Zelensky needs some- gation to work with Rudy Giuliani. I have no vided by U.S. embassy staff the next morn- one he can trust. I’m not a fan of lawyers, but recollection of the president saying that during, May 20, went to the inauguration, a they do represent all kinds of people. Maybe ing the meeting. It is entirely possible he luncheon following the inauguration, and a this guy is a patriot. He certainly understands did, but because I do not work for the presi- delegation meeting with Zelensky and his the corruption of the oligarchs. Could be the dent, if made, that comment simply did not advisers. perfect guy to advise Zelensky on how to deal register with me. I also remember Sondland The main purpose of my attendance was to with them. Zelensky knows why he got elected staying behind to talk to the president as demonstrate and express my support and For now, I think we express our concerns, but the rest of the delegation left the Oval Of- that of the U.S. Congress for Zelensky and give Zelensky the benefit of the doubt. Also let fice. the people of Ukraine. In addition, the dele- him know everyone in the U.S. will be watching I continued to meet in my Senate office gation repeatedly stressed the importance of VERY closely.’’ with representatives from Ukraine: on June

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.051 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S921 13 with members of the Ukrainian Par- could and should provide more military sup- concerned about the signal that would send. liament’s Foreign Affairs Committee; on port. But I pointed out that Germany was I shared his concern. I suggested that in our July 11 with Ukraine’s ambassador to the opposed to providing Ukraine lethal defen- public statements we first emphasize the U.S. and secretary of Ukraine’s National Se- sive weaponry and simply would not do so. universal support that the U.S. Congress has curity and Defense Council, Oleksandr As a result, if we wanted to deter Russia shown—and will continue to show—for the Danyliuk; and again on July 31 with from further aggression, it was up to the Ukrainian people. Second, we should mini- Ukraine’s ambassador to the U.S., Valeriy U.S. to provide it. mize the significance of the hold on military I had two additional counterarguments. Chaly. At no time during those meetings did aid as simply a timing issue coming a few First, I wasn’t suggesting we support the anyone from Ukraine raise the issue of the weeks before the end of our federal fiscal oligarchs and other corrupt Ukrainians. Our withholding of military aid or express con- year. Even if President Trump and the def- support would be for the courageous Ukrain- cerns regarding pressure being applied by the icit hawks within his administration decided president or his administration. ians who had overthrown Putin’s puppet, During Congress’ August recess, my staff Viktor Yanukovich, and delivered a remark- not to obligate funding for the current fiscal worked with the State Department and oth- able 73% mandate in electing Zelensky to year, Congress would make sure he had no ers in the administration to plan a trip to fight corruption. Second, I argued that with- option in the next fiscal year—which then Europe during the week of Sept. 2 with Sen- holding the support looked horrible politi- was only a few weeks away. I also made the ator Murphy to include Russia, Serbia, cally in that it could be used to bolster the point that Murphy was on the Appropria- Kosovo and Ukraine. On or around Aug. 26, ‘‘Trump is soft on Russia’’ mantra. tions Committee and could lead the charge we were informed that our requests for visas It was only after he reiterated his reasons on funding. for not giving me the authority to tell into Russia were denied. On either Aug. 28 or Murphy made the additional point that one Zelensky the support would be released that 29, I became aware of the fact that $250 mil- of the most valuable assets Ukraine pos- I asked him about whether there was some lion of military aid was being withheld. This sesses is bipartisan congressional support. news would obviously impact my trip and kind of arrangement where Ukraine would take some action and the hold would be lift- He warned Zelensky not to respond to re- discussions with Zelensky. quests from American political actors or he Sondland had texted me on Aug. 26 reed. Without hesitation, President Trump im- would risk losing Ukraine’s bipartisan sup- marking on the Russian visa denial. I replied mediately denied such an arrangement ex- port. I did not comment on this issue that on Aug. 30, apologizing for my tardy response isted. As reported in the Wall Street Jour- Murphy raised. and requesting a call to discuss Ukraine. We nal, I quoted the president as saying, ‘‘(Ex- scheduled a call for sometime between 12:30 pletive deleted)—No way. I would never do Instead, I began discussing a possible meet- p.m. and 1:30 p.m. that same day. I called that. Who told you that?’’ I have accurately ing with President Trump. I viewed a meet- Sondland and asked what he knew about the characterized his reaction as adamant, vehe- ing between the two presidents as crucial for hold on military support. I did not memori- ment and angry—there was more than one overcoming President Trump’s reservations alize the conversation in any way, and my expletive that I have deleted. and securing full U.S. support. It was at this Based on his reaction, I felt more than a memory of exactly what Sondland told me is point that President Trump’s May 23 direc- far from perfect. I was hoping that his testi- little guilty even asking him the question, much less telling him I heard it from tive came into play. mony before the House would help jog my Sondland. He seemed even more annoyed by memory, but he seems to have an even fuzzi- I prefaced my comment to Zelensky by that, and asked me, ‘‘Who is that guy’’? I in- er recollection of that call than I do. saying, ‘‘Let me go out on a limb here. Are The most salient point of the call involved terpreted that not as a literal question—the you or any of your advisers aware of the in- Sondland describing an arrangement where, president did know whom Sondland was—but augural delegation’s May 23 meeting in the if Ukraine did something to demonstrate its rather as a sign that the president did not Oval Office following your inauguration?’’ serious intention to fight corruption and know him well. I replied by saying, ‘‘I No one admitted they were, so I pressed on. possibly help determine what involvement thought he was your buddy from the real es- ‘‘The reason I bring up that meeting is that tate business.’’ The president replied by say- operatives in Ukraine might have had during I don’t want you caught off-guard if Presi- ing he barely knew him. the 2016 U.S. presidential campaign, then dent Trump reacts to you the same way he After discussing Ukraine, we talked about Trump would release the hold on military other unrelated matters. Finally, the presi- reacted to the delegation’s request for sup- support. dent said he had to go because he had a hur- port for Ukraine.’’ I have stated that I winced when that ar- ricane to deal with. He wrapped up the con- I told the group that President Trump ex- rangement was described to me. I felt U.S. versation referring back to my request to re- support for Ukraine was essential, particu- plicitly told the delegation that he wanted lease the hold on military support for larly with Zelensky’s new and inexperienced to make sure Zelensky knew exactly how he Ukraine by saying something like, ‘‘Ron, I administration facing an aggressive Vladi- felt about Ukraine before any meeting took understand your position. We’re reviewing it mir Putin. I feared any sign of reduced U.S. place. To repeat Volker’s quote of President now, and you’ll probably like my final deci- support could prompt Putin to demonstrate Trump: ‘‘They are all corrupt. They are all sion.’’ terrible people. . . . I don’t want to spend even more aggression, and because I was con- On Tuesday, Sept. 3, I had a short follow up any time with that.’’ That was the general vinced Zelensky was sincere in his desire to call with Bolton to discuss my upcoming trip attitude toward Ukraine that I felt President fight corruption, this was no time to be to Ukraine, Serbia and Kosovo. I do not re- withholding aid for any reason. It was the call discussing anything in particular that Trump directed us to convey. Since I did not time to show maximum strength and resolve. relates to the current impeachment inquiry have Volker’s quote to use at the time, I I next put in a call request for National Se- on that call. tried to portray that strongly held attitude curity Adviser John Bolton, and spoke with We arrived in Kyiv on Sept. 4, joining Tay- and reiterated the reasons President Trump him on Aug. 31. I believe he greed with my lor and Murphy for a full day of meetings on consistently gave me for his reservations re- position on providing military assistance, Sept. 5 with embassy staff, members of the garding Ukraine: endemic corruption and in- and he suggested I speak with both the vice new Ukrainian administration, and adequate European support. president and president. I requested calls Zelensky, who was accompanied by some of I also conveyed the counterarguments I with both, but was not able to schedule a his top advisers. We also attended the open- used (unsuccessfully) to persuade the presi- call with Vice President Pence. President ing proceedings of the Ukrainian High Anti- Trump called me that same day. dent to lift his hold: (1) We would be sup- Corruption Court. The meetings reinforced porting the people of Ukraine, not corrupt The purpose of the call was to inform our belief that Zelensky and his team were oligarchs, and (2) withholding military sup- President Trump of my upcoming trip to serious about fulfilling his mandate—to par- port was not politically smart. Although I Ukraine and to try to persuade him to au- aphrase the way he described it in his speech recognized how this next point would be thorize me to tell Zelensky that the hold at the High Anti-Corruption Court—to not would be lifted on military aid. The presi- only fight corruption but to defeat it. problematic, I also suggested any public dent was not prepared to lift the hold, and he The meeting with Zelensky started with statement Zelensky could make asking for was consistent in the reasons he cited. He re- him requesting we dispense with the usual greater support from Europe would probably minded me how thoroughly corrupt Ukraine diplomatic opening and get right to the issue be viewed favorably by President Trump. was and again conveyed his frustration that on everyone’s mind, the hold being placed on Finally, I commented on how excellent Europe doesn’t do its fair share of providing military support. Zelensky’s English was and encouraged him military aid. He specifically cited the sort of He asked if any of us knew the current sta- to use English as much as possible in a fu- conversation he would have with Angela tus. Because I had just spoken to President ture meeting with President Trump. With a Merkel, chancellor of Germany. To para- Trump, I fielded his question and conveyed smile on his face, he replied, ‘‘But Senator phrase President Trump: ‘‘Ron, I talk to An- the two reasons the president told me for his Johnson, you don’t realize how beautiful my gela and ask her, ‘Why don’t you fund these hold. I explained that I had tried to persuade Ukrainian is.’’ I jokingly conceded the point things,’ and she tells me, ‘Because we know the president to authorize me to announce by saying I was not able to distinguish his you will.’ We’re schmucks. Ron. We’re the hold was released but that I was unsuc- Ukrainian from his Russian. schmucks.’’ cessful. I acknowledged the corruption in Ukraine, As much as Zelensky was concerned about This was a very open, frank, and sup- and I did not dispute the fact that Europe losing the military aid, he was even more portive discussion. There was no reason for

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.052 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S922 CONGRESSIONAL RECORD — SENATE February 5, 2020 anyone on either side not to be completely lengthy interview, almost 30 minutes, as I real motivation), and damage our democracy honest or to withhold any concerns. At no attempted to put a rather complex set of as described above. time during this meeting—or any other events into context. Toward the tail end of America faces enormous challenges at meeting on this trip—was there any mention that interview, Hughes said, ‘‘It almost home and abroad. My oversight efforts have by Zelensky or any Ukrainian that they sounds like, the way you see it, Gordon was persuaded me there has been a concerted ef- were feeling pressure to do anything in re- kind of freelancing and he took it upon him- fort, probably beginning the day after the turn for the military aid, not even after Mur- self to do something that the president November 2016 election, to sabotage and un- phy warned them about getting involved in hadn’t exactly blessed, as you see it.’’ I re- dermine President Trump and his adminis- the 2020 election—which would have been the plied, ‘‘That’s a possibility, but I don’t know tration. President Trump, his supporters, perfect time to discuss any pressure. that. Let’s face it: The president can’t have and the American public have a legitimate Following the meeting with Zelensky and his fingers in everything. He can’t be stage- and understandable desire to know if wrong- his advisers, Murphy and I met with the managing everything, so you have members doing occurred directed toward influencing Ukrainian press outside the presidential of- of his administration trying to create good the 2016 election or sabotaging Trump’s ad- fice building. Our primary message was that policy.’’ ministration. The American public also has a we were in Kyiv to demonstrate our strong To my knowledge, most members of the right to know if no wrongdoing occurred. bipartisan support for the people of Ukraine. administration and Congress dealing with The sooner we get answers to the many un- We were very encouraged by our meetings the issues involving Ukraine disagreed with answered questions, the sooner we can at- with Zelensky and other members of his new President Trump’s attitude and approach to- tempt to heal our severely divided nation government in their commitment to fulfill ward Ukraine. Many who had the oppor- and turn our attention to the many daunting their electoral mandate to fight and defeat tunity and ability to influence the president challenges America faces. corruption. When the issue of military sup- attempted to change his mind. I see nothing Sincerely, port was raised, I provided the response I wrong with U.S. officials working with RON JOHNSON, suggested above: I described it as a timing Ukrainian officials to demonstrate Ukraine’s United States Senator. issue at the end of a fiscal year and said commitment to reform in order to change that, regardless of what decision President President Trump’s attitude and gain his sup- [From RealClearInvestigations, Jan. 22, 2019] Trump made on the fiscal year 2019 funding, port. I was confident Congress would restore the Nor is it wrong for administration staff to WHISTLEBLOWER WAS OVERHEARD IN ’17 DIS- funding in fiscal year 2020. In other words: use their powers of persuasion within their CUSSING WITH ALLY HOW TO REMOVE TRUMP Don’t mistake a budget issue for a change in chain of command to influence policy. What (By Paul Sperry) America’s strong support for the people of is wrong is for people who work for, and at Barely two weeks after Donald Trump took Ukraine. the pleasure of, the president to believe they office, Eric Ciaramella—the CIA analyst Congress came back into session on Sept. set U.S. foreign policy instead of the duly whose name was recently linked in a tweet 9. During a vote early in the week, I ap- elected president doing so. It also would be by the president and mentioned by law- proached one of the co-chairs of the Senate wrong for those individuals to step outside makers as the anonymous ‘‘whistleblower’’ Ukraine Caucus, U.S. Sen. Richard Durbin. I their chain of command—or established who touched off Trump’s impeachment—was briefly described our trip to Ukraine and the whistleblower procedures—to undermine the overheard in the White House discussing concerns Zelensky and his advisers had over president’s policy. If those working for the with another staffer how to remove the the hold on military support. According to president don’t feel they can implement the newly elected president from office, accord- press reports, Senator Durbin stated that president’s policies in good conscience, they ing to former colleagues. was the first time he was made aware of the should follow Gen. James Mattis’ example Sources told RealClearInvestigations the hold. I went on to describe how I tried to and resign. If they choose to do so, they can staffer with whom Ciaramella was speaking minimize the impact of that hold by assuring then take their disagreements to the public. was Sean Misko. Both were Obama adminis- Ukrainians that Congress could restore the That would be the proper and high-integrity tration holdovers working in the Trump funding in fiscal year 2020. I encouraged Dur- course of action. White House on foreign policy and national bin, as I had encouraged Murphy, to use his This impeachment effort has done a great security issues. And both expressed anger membership on the Senate Appropriations deal of damage to our democracy. The re- over Trump’s new ‘‘America First’’ foreign Committee to restore the funding. lease of transcripts of discussions between Also according to a press report, leading up policy, a sea change from President Obama’s the president of the United States and an- to a Sept. 12 defense appropriation com- approach to international affairs. other world leader sets a terrible precedent ‘‘Just days after he was sworn in they were mittee markup, Durbin offered an amend- already talking about trying to get rid of ment to restore funding. On Sept. 11, the ad- that will deter and limit candid conversa- ministration announced that the hold had tions between the president and world lead- him,’’ said a White House colleague who been lifted. I think it is important to note ers from now on. The weakening of executive overheard their conversation. ‘‘They weren’t just bent on subverting his the hold was lifted only 14 days after its ex- privilege will also limit the extent to which agenda,’’ the former official added. ‘‘They istence became publicly known, and 55 days presidential advisers will feel comfortable were plotting to actually have him removed after the hold apparently had been placed. providing ‘‘out of the box’’ and other frank On Friday, Oct. 4, I saw news reports of counsel in the future. from office.’’ text messages that Volker had supplied the In my role as chairman of the Senate’s pri- Misko left the White House last summer to House of Representatives as part of his testi- mary oversight committee, I strongly be- join House impeachment manager Adam mony. The texts discussed a possible press lieve in and support whistleblower protec- Schiff’s committee, where sources say he of- release that Zelensky might issue to help tions. But in that role, I am also aware that fered ‘‘guidance’’ to the whistleblower, who persuade President Trump to offer an Oval not all whistleblowers are created equal. Not has been officially identified only as an in- Office meeting. Up to that point, I had pub- every whistleblower has purely altruistic telligence officer in a complaint against licly disclosed only the first part of my Aug. motives. Some have personal axes to grind Trump filed under whistleblower laws. Misko 31 phone call with President Trump, where I against a superior or co-workers. Others then helped run the impeachment inquiry lobbied him to release the military aid and might have a political ax to grind. based on that complaint as a top investi- he provided his consistent reasons for not The Intelligence Community Inspector gator for congressional Democrats. doing so: corruption and inadequate Euro- General acknowledges the whistleblower in The probe culminated in Trump’s impeach- pean support. this instance exhibits some measure of ‘‘an ment last month on a party-line vote in the Earlier in the week, I had given a phone arguable political bias.’’ The whistleblower’ House of Representatives. Schiff and other interview with Siobhan Hughes of the Wall s selection of attorney Mark Zaid lends cre- House Democrats last week delivered the ar- Street Journal regarding my involvement dence to the ICIG’s assessment, given Zaid’s ticles of impeachment to the Senate, and are with Ukraine. With the disclosure of the tweet that mentions coup, rebellion and im- now pressing the case for his removal during Volker texts, I felt it was important to go on peachment only 10 days after Trump’s inau- the trial, which began Tuesday. the record with the next part of my Aug. 31 guration. The coordination between the official be- call with President Trump: his denial. I had If the whistleblower’s intention was to im- lieved to be the whistleblower and a key not previously disclosed this because I could prove and solidify the relationship between Democratic staffer, details of which are dis- not precisely recall what Sondland had told the U.S. and Ukraine, he or she failed miser- closed here for the first time, undercuts the me on Aug. 30, and what I had conveyed to ably. Instead, the result has been to pub- narrative that impeachment developed spon- President Trump, regarding action Ukraine licize and highlight the president’s deeply taneously out of the ‘‘patriotism’’ of an would take before military aid would be re- held reservations toward Ukraine that the ‘‘apolitical civil servant.’’ leased. To the best of my recollection, the whistleblower felt were so damaging to our Two former co-workers said they over- action described by Sondland on Aug. 30 in- relationship with Ukraine and to U.S. na- heard Ciaramella and Misko, dose friends volved a demonstration that the new Ukrain- tional security. The dispute over policy was and Democrats held over from the Obama ad- ian government was serious about fighting being resolved between the two branches of ministration, discussing how to ‘‘take out,’’ corruption—something like the appointment government before the whistleblower com- or remove, the new president from office of a prosecutor general with high integrity. plaint was made public. All the complaint within days of Trump’s inauguration. These I called Hughes Friday morning, Oct. 4, to has accomplished is to fuel the House’s im- co-workers said the president’s controversial update my interview. It was a relatively peachment desire (which I believe was the Ukraine phone call in July 2019 provided the

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.053 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S923 pretext they and their Democratic allies had Ciaramella’s name was invoked in heated ‘‘It was so shocking that they were so bla- been looking for. discussions about the whistleblower, as tant and outspoken about their opinion,’’ he ‘‘They didn’t like his policies,’’ another RealClearInvestigations first reported Oct. recalled. ‘‘They weren’t shouting it, but they former White House official said. ‘‘They had 30, and has appeared in at least one testi- didn’t seem to feel the need to hide it.’’ a political vendetta against him from Day mony transcript. Congressional Republicans The co-workers didn’t think much more One.’’ complain Schiff and his staff counsel have about the incident. Their efforts were part of a larger pattern redacted his name from other documents. ‘‘We just thought they were wacky,’’ the of coordination to build a case for impeach- Lawyers representing the whistleblower first source said. ‘‘Little did we know.’’ ment, involving Democratic leaders as well have neither confirmed nor denied that Neither Ciaramella nor Misko could be as anti-Trump figures both inside and out- Ciaramella is their client. In November, reached for comment. side of government. after Donald Trump Jr. named Ciaramella A CIA alumnus, Misko had previously as- All unnamed sources for this article spoke and cited RCI’s story in a series of tweets, sisted Biden’s top national security aide only on condition that they not be further however, they sent a ‘‘cease and desist’’ let- Jake Sullivan. Former NSC staffers said identified or described. Although strong evi- ter to the White House demanding Trump Misko was Ciaramella’s closest and most dence points to Ciaramella as the govern- and his ‘‘surrogates’’ stop ‘‘attacking’’ him. trusted ally in the Trump White House. ment employee who lodged the whistle- And just as the whistleblower complaint was ‘‘Eric and Sean were very tight and spent blower complaint, he has not been officially made public in September, Ciaramella’s so- nearly two years together at the NSC,’’ said identified as such. As a result, this article cial media postings and profiles were a former supervisor who requested anonym- makes a distinction between public informa- scrubbed from the Internet. ity. ‘‘Both of them were paranoid about tion released about the unnamed whistle- ‘TAKE OUT’ THE PRESIDENT Trump.’’ ‘‘They were thick as thieves,’’ added the blower/CIA analyst and specific information An Obama holdover and registered Demo- first NSC source. ‘‘They sat next to each about Ciaramella. crat, Ciaramella in early 2017 expressed hos- Democrats based their impeachment case other and complained about Trump all the tility toward the newly elected president on the whistleblower complaint, which al- time. They were buddies. They weren’t just during White House meetings, his co-workers leges that President Trump sought to help colleagues. They were buddies outside the said in interviews with RealClearInvesti- his re-election campaign by demanding that White House.’’ gations. They added that Ciaramella sought Ukraine’s leader investigate former Vice The February 2017 incident wasn’t the only to have Trump removed from office long be- President Joe Biden and his son Hunter in time the pair exhibited open hostility toward fore the filing of the whistleblower com- exchange for military aid. Yet Schiff, who the president. During the following months, plaint. heads the House Intelligence Committee, and At the time, the CIA operative worked on both were accused internally of leaking neg- other Democrats have insisted on keeping loan to the White House as a top Ukrainian ative information about Trump to the media. But Trump’s controversial call to the new the identity of the whistleblower secret, cit- analyst in the National Security Council, president of Ukraine this past summer—in ing concern for his safety, while arguing that where he had previously served as an adviser which he asked the foreign leader for help his testimony no longer matters because on Ukraine to Vice President Biden. The with domestic investigations involving the other witnesses and documents have ‘‘cor- whistleblower complaint cites Biden, alleg- Obama administration, including Biden— roborated’’ what he alleged in his complaint ing that Trump demanded Ukraine’s newly gave them the opening they were looking about the Ukraine call. elected leader investigate him and his son for. Republicans have fought unsuccessfully to ‘‘to help the president’s 2020 reelection bid.’’ call him as a witness, arguing that his moti- Two NSC co-workers told RCI that they A mutual ally in the National Security vations and associations are relevant—and overheard Ciaramella and Misko—who was Council who was one of the White House offi- that the president has the same due-process also working at the NSC as an analyst— cials authorized to listen in on Trump’s July right to confront his accuser as any other making anti-Trump remarks to each other 25 conversation with Ukraine’s president American. while attending a staff-wide NSC meeting leaked it to Ciaramella the next day—July The whistleblower’s candor is also being called by then-National Security Adviser Mi- 26—according to former NSC co-workers and called into question. It turns out that the chael Flynn, where they sat together in the congressional sources. The friend, Ukraine- CIA operative failed to report his contacts south auditorium of the Eisenhower Execu- born Lt. Col. Alexander Vindman, held with Schiff’s office to the intelligence com- tive Office Building, part of the White House Ciaramella’s old position at the NSC as di- munity’s inspector general who fielded his complex. rector for Ukraine. Although Ciaramella had whistleblower complaint. He withheld the in- The ‘‘all hands’’ meeting, held about two left the White House to return to the CIA in formation both in interviews with the in- weeks into the new administration, was at- mid-2017, the two officials continued to col- spector general, Michael Atkinson, and in tended by hundreds of NSC employees. laborate through interagency meetings. writing, according to impeachment com- ‘‘They were popping off about how they Vindman leaked what he’d heard to mittee investigators. The whistleblower were going to remove Trump from office. No Ciaramella by phone that afternoon, the form he filled out required him to disclose joke,’’ said one ex-colleague, who spoke on sources said. In their conversation, which whether he had ‘‘contacted other entities’’— the condition of anonymity to discuss sen- lasted a few minutes, he described Trump’s including ‘‘members of Congress.’’ But he sitive matters. call as ‘‘crazy,’’ and speculated he had ‘‘com- left that section blank on the disclosure A military staffer detailed to the NSC, who mitted a criminal act.’’ Neither reviewed the form he signed. was seated directly in front of Ciaramella transcript of the call before the White House The investigators say that details about and Misko during the meeting, confirmed released it months later. how the whistleblower consulted with hearing them talk about toppling Trump NSC co-workers said that Vindman, like Schiff’s staff and perhaps misled Atkinson during their private conversation, which the Ciaramella, openly expressed his disdain for about those interactions are contained in the source said lasted about one minute. The Trump whose foreign policy was often at transcript of a closed-door briefing Atkinson crowd was preparing to get up to leave the odds with the recommendations of ‘‘the gave to the House Intelligence Committee room at the time. interagency’’—a network of agency working last October. However, Schiff has sealed the ‘‘After Flynn briefed [the staff] about what groups comprised of intelligence bureau- transcript from public view. It is the only ‘America first’ foreign policy means, crats, experts and diplomats who regularly impeachment witness transcript out of 18 Ciaramella turned to Misko and commented, meet to craft and coordinate policy positions that he has not released. ’We need to take him out,’ ’’ the staffer re- inside the federal government. Schiff has classified the document ‘‘Se- called. ‘‘And Misko replied, ‘Yeah, we need Before he was detailed to the White House, cret,’’ preventing Republicans who attended to do everything we can to take out the Vindman served in the U.S. Army, where he the Atkinson briefing from quoting from it. president.’ ’’ once received a reprimand from a superior Even impeachment investigators cannot Added the military detailee, who spoke on officer for badmouthing and ridiculing Amer- view it outside a highly secured room, condition of anonymity: ‘‘By ‘taking him ica in front of Russian soldiers his unit was known as a ‘‘SCIF,’’ in the basement of the out,’ they meant removing him from office training with during a joint 2012 exercise in Capitol. Members must first get permission by any means necessary. They were trig- Germany. from Schiff, and they are forbidden from gered by Trump’s and Flynn’s vision for the His commanding officer, Army Lt. Col. Jim bringing phones into the SCIF or from tak- world. This was the first ‘all hands’ [staff Hickman, complained that Vindman, then a ing notes from the document. meeting] where they got to see Trump’s na- major, ‘‘was apologetic of American culture, While the identity of the whistleblower re- tional security team, and they were huffing laughed about Americans not being educated mains unconfirmed, at least officially, and puffing throughout the briefing any time or worldly and really talked up Obama and Trump recently retweeted a message naming Flynn said something they didn’t like about globalism to the point of [It being] uncom- Ciaramella, while Republican Sen. Rand ‘America First.’ ’’ fortable.’’ Paul and Rep. Louie Gohmert of the House He said he also overheard Ciaramella tell- ‘‘Vindman was a partisan Democrat at Judiciary Committee have publicly de- ing Misko, referring to Trump, ‘We can’t let least as far back as 2012,’’ Hickman, now remanded that Ciaramella testify about his him enact this foreign policy.’ ’’ tired, asserted. ‘‘Do not let the uniform fool role in the whistleblower complaint. Alarmed by their conversation, the mili- you. He is a political activist in uniform.’’ During last year’s closed-door House depo- tary staffer immediately reported what he Attempts to reach Vindman through his sitions of impeachment witnesses, heard to his superiors. lawyer were unsuccessful.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.055 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S924 CONGRESSIONAL RECORD — SENATE February 5, 2020 July 26 was also the day that Schiff hired adviser, which the Department of Justice in- Atkinson claimed that he had not inves- Misko to head up the investigation of spector general determined was conducted tigated them because he had only just Trump, congressional employment records under false pretenses involving doctored learned about them in the media. show. Misko, in turn, secretly huddled with emails, suppression of exculpatory evidence, On Oct. 8, after more media reports re- the whistleblower prior to filing his Aug. 12 and other malfeasance. Laufman’s office was vealed the whistle blower and Schiff’s staff complaint, according to multiple congres- implicated in a report detailing the surveil- had concealed their contacts with each sional sources, and shared what he told him lance misconduct. other, the whistleblower called Atkinson’s with Schiff, who initially denied the con- Laufman could not be reached for com- office to try to explain why he made false tacts before press accounts revealed them. ment. statements in writing and verbally, trans- Schiff’s office has also denied helping the Laufman and Zaid are old friends who have gressions that could be punishable with a whistleblower prepare his complaint, while worked together on legal matters in the fine of up to $10,000, imprisonment for up five rejecting a Republican subpoena for docu- past. ‘‘I would not hesitate to join forces years, or both, according to the federal form ments relating to it. But Capitol Hill vet- with him on complicated cases,’’ Zaid said of he signed under penalty of perjury. erans and federal whistleblower experts are Laufman in a recommendation posted on his In his clarification to the inspector gen- suspicious of that account. LinkedIn page. eral, the whistleblower acknowledged for the Fred Fleitz, who fielded a number of whis- Laufman recently defended Zaid on Twit- first time reaching out to Schiff’s staff be- tleblower complaints from the intelligence ter after Trump blasted Zaid for advocating fore filing the complaint, according to an in- community as a former senior House Intel- a ‘‘coup’’ against him. ‘‘These attacks on vestigative report filed later that month by ligence Committee staff member, said it was Mark Zaid’s patriotism are baseless, irre- Atkinson. obvious that the CIA analyst had received sponsible and dangerous,’’ Laufman tweeted. ‘‘The whistleblower got caught,’’ Ratcliffe coaching in writing the nine-page whistle- ‘‘Mark is an ardent advocate for his clients.’’ said. ‘‘The whistleblower made false state- blower report. After the CIA analyst was coached on how ments. The whistleblower got caught with ‘‘From my experience, such an extremely to file a complaint under Intelligence Com- Chairman Schiff.’’ polished whistleblowing complaint is un- munity whistleblower protections, he was He says the truth about what happened is heard of,’’ Fleitz, also a former CIA analyst, steered to another Obama holdover—former documented on pages 53–73 of the transcript said. ‘‘He appears to have collaborated in Justice Department attorney-turned-inspec- of Atkinson’s eight-hour testimony. Except drafting his complaint with partisan House tor general Michael Atkinson, who facili- that Schiff refuses to release it. Intelligence Committee members and staff.’’ tated the processing of his complaint, de- ‘‘The transcript is classified ‘Secret’ so Fleitz, who recently served as chief of staff spite numerous red flags raised by career Schiff can prevent you from seeing the an- to former National Security Adviser John Justice Department lawyers who reviewed it. swers to my questions,’’ Ratcliffe told RCI. Bolton, said the complaint appears to have The department’s Office of Legal Counsel Atkinson replaced Charles McCullough as been tailored to buttress an impeachment that the complaint involved ‘‘foreign diplo- the intelligence community’s IG. charge of soliciting the ‘‘interference’’ of a macy,’’ not intelligence, contained ‘‘hear- McCullough is now a partner in the same law foreign government in the election. say’’ evidence based on ‘‘secondhand’’ infor- firm for which Bakaj and Zaid work. And the whistleblower’s unsupported alle- mation, and did not meet the definition of an McCullough formerly reported directly to gation became the foundation for Democrats’ ‘‘urgent concern’’ that needed to be reported Obama’s National Intelligence Director, first article of impeachment against the to Congress. Still, Atkinson worked closely James Clapper, one of Trump’s biggest crit- president. It even adopts the language used with Schiff to pressure the White House to ics in the intelligence community and a reg- by the CIA analyst in his complaint, which make the complaint public. ular agitator for his impeachment on CNN. Fleitz said reads more like ‘‘a political docu- Fleitz said cloaking the CIA analyst in the HIDDEN POLITICAL AGENDA? whistleblower statute provided him cover ment.’’ Atkinson also repeatedly refused to answer from public scrutiny. By making him anony- OUTSIDE HELP Senate Intelligence Committee questions mous, he was able to hide his background After providing the outlines of his com- about the political bias of the whistleblower. and motives. Filing the complaint with the plaint to Schiff’s staff, the CIA analyst was Republican members of the panel called his IC inspector general, moreover, gave him referred to whistleblower attorney Andrew Sept. 26 testimony ‘‘evasive.’’ Senate inves- added protections against reprisals, while Bakaj by a mutual friend ‘‘who is an attor- tigators say they are seeking all records gen- letting him disclose classified information. If ney and expert in national security law,’’ ac- erated from Atkinson’s ‘‘preliminary re- he had filed directly with Congress, it could cording to the Washington Post, which did view’’ of the whistleblower’s complaint, in- not have made the complaint public due to not identify the go-between. cluding evidence and ‘‘indicia’’ of the whis- classified concerns. But a complaint referred A former CIA officer, Bakaj had worked tleblower’s ‘‘political bias’’ in favor of Biden. by the IG to Congress gave it more latitude with Ciaramella at the spy agency. They Republicans point out that Atkinson was over what it could make public. have even more in common: like the 33-year- the top national security lawyer in the old Ciaramella, the 37-year-old Bakaj is a OMITTED CONTACTS WITH SCHIFF Obama Justice Department when it was in- Connecticut native who has spent time in The whistleblower complaint was publicly vestigating Trump campaign aides and Ukraine. He’s also contributed money to released Sept. 26 after a barrage of letters Trump himself in 2016 and 2017. He worked Biden’s presidential campaign and once and a subpoena from Schiff, along with a closely with Laufman, the department’s worked for former Sen. Hillary Clinton. He’s flood of leaks to the media. former counterintelligence section chief also briefed the intelligence panel Schiff However, the whistleblower did not dis- who’s now aligned with the whistleblower’s chairs. close to Atkinson that he had briefed Schiff’s attorneys. Also, Atkinson served as senior Bakaj brought in another whistleblower office about his complaint before filing it counsel to Mary McCord, the senior Justice lawyer, Mark Zaid, to help on the case. A with the inspector general. He was required official appointed by Obama who helped Democratic donor and a politically active on forms to list any other agencies he had oversee the FBI’s Russia ‘‘collusion’’ probe, anti-Trump advocate, Zaid was willing to contacted, including Congress. But he omit- and who personally pressured the White help represent the CIA analyst. On Jan. 30, ted those contacts and other material facts House to fire then National Security Adviser 2017, around the same time former colleagues from his disclosure. He also appears to have Flynn. She and Atkinson worked together on say they overheard Ciaramella and Misko misled Atkinson on Aug. 12, when on a sepa- the Russia case. Closing the circle tighter, conspiring to take Trump out, Zaid tweeted rate form he stated: ‘‘I reserve the option to McCord was Laufman’s boss at Justice. that a ‘‘coup has started’’ and that ‘‘im- exercise my legal right to contact the com- As it happens, all three are now involved in peachment will follow ultimately.’’ mittees directly,’’ when he had already con- the whistleblower case or the impeachment Neither Bakaj nor Zaid responded to re- tacted Schiff’s committee weeks prior to process. quests for an interview. making the statement. After leaving the department, McCord It’s not clear who the mutual friend and ‘‘The whistleblower made statements to joined the stable of attorneys Democrats re- national security attorney was whom the an- the inspector general under the penalty of cruited last year to help impeach Trump. alyst turned to for additional help after perjury that were not true or correct,’’ said She is listed as a top outside counsel for the meeting with Schiff’s staff. But people famil- Rep. John Ratcliffe, a Republican member of House in key legal battles tied to impeach- iar with the matter say that former Justice the House Intelligence Committee. ment, including trying to convince federal Department national security lawyer David Ratcliffe said Atkinson appeared uncon- judges to unblock White House witnesses and Laufman involved himself early on in the cerned after the New York Times revealed in documents. whistleblower case. early October that Schiff’s office had pri- ‘‘Michael Atkinson is a key anti-Trump Also a former CIA officer, Laufman was vately consulted with the CIA analyst before conspirator who played a central role in promoted by the Obama administration to he filed his complaint, contradicting Schiff’s transforming the ‘whistleblower’ complaint run counterintelligence cases, including the initial denials. Ratcliffe told into the current impeachment proceedings,’’ high-profile investigations of Clinton’s clas- RealClearlnvestigations that in closed door said Bill Marshall, a senior investigator for sified emails and the Trump campaign’s al- testimony on Oct. 4, ‘‘I asked IG Atkinson Judicial Watch, the conservative govern- leged ties to Russia. Laufman sat in on Clin- about his ‘investigation’ into the contacts ment watchdog group that is suing the Jus- ton’s July 2016 FBI interview. He also signed between Schiff’s staff and the person who tice Department for Atkinson’s internal off on the wiretapping of a Trump campaign later became the whistleblower.’’ But he said communications regarding impeachment.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.057 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S925 Atkinson’s office declined comment. got caught, and worked hard to cover it up. cludes stock that, although it had no com- ANOTHER ‘CO-CONSPIRATOR’? His actions constitute a shocking, corrupt mercial value at the time, had subjective abuse of power and betrayal of his oath of of- value to the defendant.7 Similarly, the Sixth During closed-door depositions taken in fice. Just as a sheriff cannot delay respond- Circuit held that loans that a public official the impeachment inquiry, Ciaramella’s con- ing to calls for help until the callers endorse would have been otherwise unable to receive federate Misko was observed handing notes his re-election, the President is not entitled were ‘‘thing[s] of value.’’ 8 The Eighth Cir- to Schiff’s lead counsel for the impeachment to withhold vital military assistance from a cuit has similarly emphasized that ‘‘any- inquiry, Daniel Goldman—another Obama foreign ally until they announce an inves- thing of value’’ should be interpreted ‘‘broad- Justice attorney and a major Democratic tigation to smear his political rival. The ly’’ and ‘‘subjectively.’’ 9 donor—as he asked questions of Trump ad- proof shows precisely the type of corruption Further, the ‘‘thing’’ need not be tangible, ministration witnesses, officials with direct that the Framers sought to prevent through and it need not be immediately available. knowledge of the proceedings told RealClear the Impeachment Clause, including foreign For example, the Sixth Circuit held that a Investigations. Misko also was observed sit- interference in our election. promise of ‘‘future employment’’ is a thing ting on the dais behind Democratic members Two further points are significant. First, of value.10 A D.C. district court found that during last month’s publicly broadcast joint the President is guilty of the crime of brib- travel and entrance to various events that impeachment committee hearings. ery, which is specifically listed in the Con- Tyson Foods gave to the Agriculture Sec- Another Schiff recruit believed to part of stitution as a grounds for impeachment.1 retary’s girlfriend counted as things of the clandestine political operation against Second, the President’s unprecedented cam- value, despite the fact that they were not Trump is Abby Grace, who also worked paign to obstruct the impeachment inquiry given directly to the Secretary and were not closely with Ciaramella at the NSC, both be- 11 compels us to conclude that the evidence he tangible items. Campaign contributions fore and after Trump was elected. During the is hiding would provide further proof of his also count as ‘‘things of value,’’ even con- Obama administration, Grace was an assist- guilt. tributions made to Super PACs, despite Su- ant to Obama national security aide Ben preme Court precedent holding that inde- I. The President committed the federal crime of Rhodes. pendent expenditures do not have sufficient bribery Last February, Schiff recruited this other value to candidates to justify placing limits White House friend of the whistleblower to There is no question—based on the original on them.12 In other contexts, the courts have work as an impeachment investigator. Grace meaning of the Constitution, the elaboration interpreted the phrase ‘‘thing of value’’ to is listed alongside Sean Misko as senior of the impeachment clause in the Federalist encompass a tip about the whereabouts of a staffers in the House Intelligence Commit- Papers, historical precedent, and common witness,13 information about government in- tee’s ‘‘The Trump-Ukraine Impeachment In- sense—that the President need not violate a formants,14 and the testimony of a govern- quiry Report’’ published last month. provision of any criminal code in order to ment witness.15 The courts have roundly re- Republican Rep. Louie Gohmert, who warrant removal from office.2 The Presi- jected the proposition that this phrase ‘‘cov- served on one of the House impeachment dent’s argument that he must violate ‘‘es- ers only things having commercial value;’’ panels, singled out Grace and Misko as tablished law’’ to be impeached would be intangibles, including information itself, can Ciaramella’s ‘‘co-conspirators’’ in a recent laughable if its implications were not so dan- certainly be a ‘‘thing of value.’’ 16 The rel- House floor speech arguing for their testi- gerous. evant inquiry is not the objective value of mony.‘‘These people are at the heart of ev- But there is no reasonable doubt that the the thing offered, but ‘‘whether the donee erything about this whole Ukrainian hoax,’’ President has violated established law. The placed any value on the intangible gifts.’’ 17 Gohmert said. ‘‘We need to be able to talk to Constitution specifically states that a Presi- Here, President Trump clearly placed these people.’’ dent who commits bribery should be im- value on the announcement of investiga- A Schiff spokesman dismissed Gohmert’s peached.3 The evidence before us establishes tions. During the July 25 phone call, Trump allegation. that President Trump has committed the stated that it was ‘‘very important’’ that ‘‘These allegations about our dedicated and crime of bribery as it existed at the time of Zelensky open these investigations.18 Over professional staff members are patently false the framers and now. Therefore, even using several months, Trump and Rudy Giuliani and are based off false smears from a con- the President’s own standard, the Senate has had made repeated public statements about gressional staffer with a personal vendetta no choice but to convict. how important they thought the investiga- from a previous job,’’ said Patrick Boland, The evidence shows that the President so- tions were. Since at least April, 2017, Presi- spokesman for the House Intelligence Com- licited interference in the 2020 election for dent Trump has been publicly promoting the mittee. ‘‘It’s shocking that members of Con- his own benefit by pressuring Ukraine to an- debunked conspiracy theory that a Cali- gress would repeat them and other false con- nounce an investigation into his political op- fornia-based cybersecurity company, spiracy theories, rather than focusing on the ponents in return for releasing nearly $400 CrowdStrike, worked with the Democratic facts of the president’s misconduct.’’ million in taxpayer-funded military aid National Committee to fabricate evidence Boland declined to identify ‘‘the congres- Ukraine desperately needed, as well as a that Russia interfered in the 2016 election sional staffer with a personal vendetta.’’ meeting with President Zelensky at the and hide the proof of their actions in Schiff has maintained in open hearings and White House. He sought, indeed demanded, a Ukraine. Rudy Giuliani, the President’s per- interviews that he did not personally speak personal benefit in exchange for an official sonal attorney, has been promoting a con- with the whistleblower and still does not act. spiracy theory about Joe and Hunter Biden Section 201 of Title 18 of the U.S. Code even know his identity, which would mean since at least January, 2019.19 Days after criminalizes ‘‘bribery of public officials and the intelligence panel’s senior staff has with- Zelensky was elected, Trump stated on air witnesses.’’ A public official is guilty under held his name from their chairman for al- that he would be directing Attorney General this section when they seek ‘‘anything of most six months. Still, he insists that he Barr to ‘‘look into’’ the CrowdStrike con- value’’ in exchange for any ‘‘official act’’ and knows that the CIA analyst has ‘‘acted in spiracy theory.20 In May, 2019, Rudy Giuliani, do so with corrupt intent. The code even good faith,’’ as well as ‘‘appropriately and with the knowledge and consent of President specifies that punishment for this crime may lawfully.’’ Trump and acting on the President’s be- include disqualification ‘‘from holding any The CIA declined comment. But the agency half,21 planned to travel to Ukraine to ask office of honor, trust, or profit under the reportedly has taken security measures to for these investigations, which he said would United States.’’ 4 protect the analyst, who has continued to be ‘‘very, very helpful to my client, and may work on issues relating to Russia and A. The requested investigations constitute turn out to be helpful to my government.’’ 22 Ukraine and participate in interagency ‘‘things of value’’ On July 10, top Ukrainian officials met with meetings. The investigations that President Trump Energy Secretary Perry, John Bolton, Kurt Mr. BLUMENTHAL. Mr. President, I requested into his political enemies and to Volker, and Ambassador Sondland at the ask unanimous consent to have a state- undermine claims that Russia illegally White House where Sondland made clear helped him get elected are clearly ‘‘things of ment I prepared concerning the im- that an official White House visit with value.’’ 5 By all accounts, he was obsessed Zelensky was important to the President.23 peachment trial be printed in the with them. According to multiple reports, Further, the electoral value to President RECORD. Trump cared more about the investigations Trump of investigations that would smear There being no objection, the mate- than he did about defending Ukraine from Joe Biden and the DNC while casting doubt rial was ordered to be printed in the Russia. Ambassador Gordon Sondland even on Russian interference in the 2016 election RECORD, as follows: testified that the President ‘‘doesn’t give a is obvious. President Trump was elected in a s**t’’ about Ukraine and only cares about shocking and narrow victory after polls SENATOR RICHARD BLUMENTHAL—STATEMENT ‘‘big stuff’’ like the announcement of the in- showed him trailing his opponent until offi- FOR THE RECORD vestigations he requested.6 cials announced that she was under inves- IMPEACHMENT TRIAL OF DONALD JOHN TRUMP Courts have consistently applied a broad tigation.24 The announcement of an inves- The case for impeachment presented by the and subjective understanding of the phrase tigation into his political opponents clearly House managers is overwhelming. Donald ‘‘anything of value.’’ All that matters is that had tremendous value to him personally. Trump held taxpayer-funded military aid the bribe had value in the eyes of the official The President’s counsels claim that Trump hostage from an ally at war while demanding accepting or soliciting it. The Second Circuit demanded investigations of his political a personal, political favor. He tried to cheat, has determined that ‘‘anything of value’’ in- rival as part of a perfectly legitimate anti-

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.059 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S926 CONGRESSIONAL RECORD — SENATE February 5, 2020 corruption effort. In short, they want the knew that his conspiracy theories could not further explains that, ordinarily, this ‘‘bad Senate to leave our common sense at the withstand scrutiny and he set out to cir- purpose’’ is ‘‘a hope or expectation of either door. At least four undisputed facts deci- cumvent law enforcement officials. They financial gain or other benefit to one’s self, sively disprove the claim that President were solely intended to serve Trump’s per- or some aid or profit or benefit to an- Trump’s actions were motivated by the pub- sonal, political interests. other.’’44 In other words, the intent merely lic interest and not his own. Finally, as the American Intelligence Com- to be influenced in the way prohibited by the First, as one of my colleagues has put it,25 munity has unanimously concluded,33 the bribery statute itself is sufficient to find it ‘‘strains credulity’’ to suggest that Presi- CrowdStrike conspiracy is not supported by that the defendant acted ‘‘corruptly.’’ dent Trump was pursuing the public interest any evidence. It is difficult to fathom how Further, the Supreme Court unanimously and not his political benefit when the only propagating Russian-generated propaganda held in 2016 that the quid pro quo demand corruption investigations he could think to that implicates American public figures and ‘‘need not be explicit,’’ the official ‘‘need not demand involved his political opponents.26 companies is in the national interest of the specify the means that he will use to perform President Trump’s counsel have claimed United States. Even if his motives were his end of the bargain,’’ nor must the official throughout this trial that the President be- mixed, and he cared peripherally about cor- actually intend to follow through for a pros- lieved corruption in Ukraine to be wide- ruption generally, his predominant goal was ecutor to succeed in making her case that spread. Yet he did not suggest a single inves- to smear a political opponent. the defendant is guilty of bribery.45 In a Sev- tigation or programmatic action other than B. The release of the hold on military aid enth Circuit case, the court made clear that the two investigations of his political rivals. and the promised White House visit con- the context of a communication can be de- Second, President Trump did not actually stitute ‘‘official acts’’ terminative: evidence of a quid pro quo can want Ukraine to conduct the investigations emerge from ‘‘the often clandestine atmos- he only wanted Zelensky to announce them.27 The two acts the President agreed to perform—releasing the hold on military aid and phere of corruption with a simple wink and If he really did want to get to the bottom of a nod if the surrounding circumstances make a legitimate concern, a public announcement setting up an official White House meeting with Zelensky—constitute ‘‘official acts.’’ it clear that something of value will pass to of the investigation would not further that a public official if he takes improper, or interest. Any good investigator knows that, The bribery statute defines ‘‘official act’’ broadly to include ‘‘any decision or action on withholds proper, action.’’ 46 While the de- if you actually want to get to the truth, you fendant in that case never made an explicit do not prematurely tip off the subject of the any question, matter, cause, suit, proceeding offer and never relayed a specific amount of investigation. Indeed, federal prosecutors are or controversy, which may at any time be money, the court nonetheless upheld his con- instructed to not even ‘‘respond to questions pending, or which may by law be brought be- viction for bribery.47 about the existence of an ongoing investiga- fore any public official, in such official’s offi- Trump’s actions clearly qualify as a quid tion or comment on its nature or progress cial capacity, or in such official’s place of pro quo. Less than a month prior to this before charges are publicly filed.’’ 28 While trust or profit.’’ 34 Military assistance and an phone call, President Trump had put a hold announcing the investigations could only official White House visit were within his on hundreds of millions of dollars in military harm any legitimate law enforcement objec- control only because of his tenure in elective aid to Ukraine and had previously set in motive, it would obviously benefit President office. In fact, both receiving foreign dig- tion, but not committed to, an official White Trump’s political goals. nitaries and providing foreign assistance are House visit with Ukraine’s new president, Third, President Trump never sought the in the President’s official, constitutional job Volodomyr Zelensky. When Trump and investigations through ordinary, official description.35 Zelensky spoke on July 25, Trump set the channels, or if he did seek them the Justice Actions authorized by statute, such as the terms of the conversation by making clear Department declined to pursue them. If ones President Trump took here, are particu- 36 that he felt Ukraine owed him for America’s President Trump wanted bona fide investiga- larly clear examples of official acts. Con- generosity. And as soon as Zelensky mentions, as opposed to politically-motivated gress has specifically authorized, and cir- tioned that Ukraine was interested in receiv- announcements, he would have charged the cumscribed, the President’s ability to award ing American anti-tank missiles, the Presi- Department of Justice with conducting an military assistance to foreign countries. dent immediately stated that he would like official investigation, and the Department This process has been codified since the early Zelensky to ‘‘do us a favor though,’’ and ex- would have sought cooperation from the 1960s, and there is an enormous federal appa- plicitly asked Zelensky to investigate the Ukrainian government through the U.S.- ratus devoted to evaluating the needs of for- Biden conspiracy theory and alleged Ukrain- Ukraine Mutual Legal Assistance Treaty eign nations, how those needs intersect with ian interference in the 2016 election. As soon (MLAT). Legitimate requests made pursuant legitimate U.S. foreign policy interests, and as Zelensky appeared to agree to open the re- to an MLAT allow DOJ to take testimony, how to award foreign aid in line with those 37 quested investigations, Trump almost imme- obtain records, locate persons, serve docu- interests. Further, when the President diately assured the Ukrainian President that ments, transfer persons into U.S. custody, placed a hold on the aid, he was acting on be- ‘‘whenever you would like to come to the execute searches and seizures, freeze assets, half of the United States, not in his personal White House, feel free to call.’’ 48 Text mes- and engage in any other lawful actions that capacity. It defies reason to argue that the sages sent by Special Envoy Volker indicate the state can take.29 Trump claims that he President’s decision to award, or fail to exe- that it had also been made clear to the just wanted to root out criminality and cor- cute, a foreign aid determination is not an Ukrainians prior to the call that the official ruption. But he did not ask domestic U.S. ‘‘official act’’ under the bribery statute. White House visit was also conditioned upon law enforcement to look into the matter; to Similarly, an official White House meeting Zelensky complying with Trump’s request date, there is no criminal investigation of is an ‘‘official act’’ because the President is 38 for these investigations.49 Gordon Sondland, Hunter Biden. Instead, Trump tried to coerce specifically ‘‘assigned by law’’ —in both the the American ambassador to the EU, testi- a foreign government to investigate a U.S. cit- Constitution and numerous statutes—with fied that the President’s proposal to lift the izen without any formal coordination with receiving representatives from foreign gov- 39 hold in exchange for the investigations was the U.S. Justice Department. In other words, ernments. Indeed, the authority to receive as clear as ‘‘two plus two equals four.’’ 50 there was not a sufficient basis for a bona ambassadors and recognize foreign govern- Trump’s acting Chief of Staff, Mick fide, domestic criminal investigation, so ments is considered so core to the office of Mulvaney, confessed during a press con- Trump had to go elsewhere. The fact that the President that the Supreme Court has 40 ference that there was a quid pro quo ex- Trump asked a foreign government to inves- struck down statutes that interfere with it. change and suggested that the public should tigate Hunter Biden is not evidence that he C. The President corruptly sought a quid pro just ‘‘get over it.’’ 51 cared about corruption; it is evidence that he quo The implication of Trump’s message to was engaged in corruption. President Trump made an agreement with Zelensky on the July 25 phone call is that In fact, Ukraine ultimately resisted Presi- the specific intent to be influenced in his de- Trump would not lift the hold or have the dent Trump’s requests for investigations pre- cision whether to lift the hold on the mili- White House meeting unless Zelensky cisely because the President had failed to tary aid and to host a White House meeting. opened the requested investigations. The ob- rely on the usual channels used to prevent In United States v. Sun-Diamond Growers of vious political value to the President of political interference with law enforce- California, the Supreme Court held that a opening these investigations constitutes suf- ment.30 If Trump actually wanted a legiti- bribe made or solicited ‘‘in return for’’ an of- ficient grounds for a jury to determine that mate investigation, and wanted to ensure ficial act entails an exchange, a quid pro he had a ‘‘bad motive’’ in making this re- that DOJ would be privy to relevant infor- quo.41 In a seminal case, the D.C. Circuit rea- quest. Trump is guilty of quid pro quo brib- mation, he would have sought formal assist- soned that the term ‘‘corruptly’’ means that ery. ance through the U.S.-Ukraine MLAT. DOJ the official act would not be undertaken (or has confirmed that he did no such thing.31 undertaken in a particular way) without the D. Trump’s defenses are not persuasive Instead, President Trump acted through his thing of value.42 Trump attempts to absolve his behavior by personal attorney, Rudy Giuliani, a man who Department of Justice guidance on the arguing that his subjective intent is irrele- made clear that he was duty bound to pursue issue, citing the standard jury instructions vant to whether he committed an impeach- his boss’s personal interests and not those of that numerous courts have upheld, indicates able offense, that there is no quid pro quo be- the public.32 The only reasonable explanation that ‘‘corruptly’’ denotes ‘‘nothing more cause Ukraine never announced the infamous for the President’s decision to completely than . . . acting ‘with bad purpose’ to investigations, and that, even if he did com- bypass the Justice Department is that he achieve some unlawful end.’’ 43 The guidance mit a quid pro quo, he cannot be impeached

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.037 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S927 because the articles do not accuse him of We know from the memorandum of the proof of a crime—is simply untenable. By bribery. Even setting aside that these de- July 25 phone call, from Volker and Trump’s flawed logic, if he had been im- fenses ignore the fact that Trump still has Sondland’s texts, and from Sondland’s testi- peached for ‘‘shooting someone on Fifth Ave- not held a White House meeting with mony that Trump had agreed to lift the hold nue,’’ he could not be removed for ‘‘murder’’ Zelensky, these arguments are wholly and conduct the White House meeting in ex- unless that word was specifically included in unpersuasive in their own right. change for the investigations.61 We also the articles. We have not been called to sit in 1. Trump’s subjective intent is eminently know that there is additional evidence out judgment of the House of Representatives’ relevant there that speaks to the President’s commu- diction; we sit in judgment of the President’s Trump claims that his subjective intent is nications—both directly and through his actions—carefully and precisely described in irrelevant; that he cannot be impeached agents—with Ukraine regarding his illegal the articles of impeachment as a clear-cut based on the reasons for which he sought the scheme. We know, at the very least, of the case of bribery. investigations.52 This argument is specious existence of diplomatic cables from the II. The President’s unprecedented campaign to for at least three reasons. First, the two of- Ukrainian embassy about the hold on the obstruct access to relevant evidence compels fenses that the Constitution explicitly men- military assistance and communications us to conclude that the evidence is against tions as requiring removal from office—trea- with the State Department about the hold.62 him. son and bribery—hinge on the subjective rea- The head of the agency that placed the hold The House of Representatives has made a sons that the official acted. If the Com- on the military assistance has refused to re- very strong case that the President’s refusal mander-in-Chief orders the military to take spond to a lawful subpoena, under the in- to engage in any way with their investiga- certain actions with the purpose of bene- struction of the White House.63 As discussed tion is unlawful and constitutionally offen- fiting an enemy of the United States, then below, when a party fails to produce or ob- sive. But make no mistake—this conflict is the President has committed treason, even if structs access to relevant evidence, that fail- more than a dispute between the branches of the President generally has the authority to ure ‘‘gives rise to an inference that the evi- government. The House of Representatives command the armed forces. If the President dence is unfavorable to him.’’ 64 In this case, and a number of Senators have raised the vetoes a law because someone has paid him a although the evidence already presented alarm bells not for our own sake, but be- large bribe, then he has committed bribery, proves the crime of bribery, the Senate cause when the President hides from Con- even if the President generally has the au- should infer that the evidence that the exec- gress, he hides from the American people. thority to veto laws. When we are prohibited utive branch has hidden about these commu- The separation of powers does not exist to from scrutinizing the President’s reasons for nications would provide further evidence benefit members of Congress; it exists to acting, we lose the ability to protect our de- that Trump agreed to this illicit exchange. curb the excesses of enormously powerful mocracy from tyrants and traitors. 3. Senators must convict if they conclude government officials. Second, the President maintains that he that the President committed the crime of Throughout this entire ordeal—from the needs to have violated ‘‘established law’’ in bribery, whether or not the term ‘bribery’ moment the call transcript was improperly order to be impeached.53 Using the Presi- appears in the articles placed on a classified server 73 to the time dent’s own standard, then, in evaluating The first article of impeachment accuses when Trump threatened to unlawfully assert whether he violated the federal bribery stat- the President of ‘‘corruptly solicit[ing]’’ the executive privilege over any testimony re- ute, we must evaluate whether he acted with public announcement of investigations that quested by the Senate 74—the President has corrupt intent. If the President wants to be were in his ‘‘personal political benefit,’’ in sought to keep his illegal scheme secret from scrutinized using the standards of the federal exchange for ‘‘two official acts.’’ 65 In re- the very people the scheme was designed to criminal code, then he must concede that his sponse to questions from Senators, Trump’s manipulate: the American electorate. subjective intent is at issue. counsel has argued that because the article Indeed, the withholding of aid itself was Third, even if Trump had other reasons for did not explicitly refer to the crime of brib- concealed, unlike with other similar pauses releasing the aid, it was still a crime for him ery, Trump was provided inadequate notice. or suspensions of military assistance. to even ask for the investigations. Section This argument is absurd. The law and historical precedent are 201(c) of Title 18 prohibits public officials Trump has received plenty of notice that clear—when the President stifles Congress’ from demanding anything of value ‘‘for or he stands accused of bribery. Trump’s ac- investigative authority, whether during an because of any official act.’’ 54 The courts tions, as described in the article, clearly impeachment inquiry or when Congress is have been clear that even if the official act align with the elements of the federal crime exercising its broader mandate to inves- ‘‘might have been done without’’ the bribe, of bribery: he solicited a thing of value in ex- tigate the executive branch, he has exceeded the defendant is still guilty under section change for official acts and did so with cor- the bounds of the law. Because Trump has 55 201(c). Even if Trump never actually in- rupt intent.66 Further, the House Judiciary flouted congressional inquiry in such a bra- tended to maintain a hold on the aid, even if Committee report adeptly explained why the zen and unhinged manner, this violation he decided to release the aid for entirely le- President is guilty of bribery under the alone requires us to vote to remove him from gitimate reasons, the fact that he requested criminal code.67 Lawmakers have been dis- office. the investigations as a ‘‘favor’’ 56—because of cussing the President’s misdeeds in terms of Separately, this egregious campaign of ob- fuscation strengthens the case against the how generous the President was in agreeing bribery for months now.68 His lack of a de- to conduct a White House visit or lifting the fense is due not to lack of notice but to lack President for abuse of power. As a matter of hold on the military aid—means that the of facts. law, when a party to a case improperly with- President committed a crime. The historical record confirms the com- holds relevant evidence, courts can instruct Even if a legislator would have voted for a mon sense notion that the articles need not juries to make an adverse inference—to as- piece of legislation because he thinks it is in name specific crimes. In 1974, the House Ju- sume that the evidence would be unfavorable the public interest, he still commits bribery diciary Committee approved three articles of to the withholding party. In this case, if he takes a payoff to do it. As the courts impeachment against President Nixon, none Trump has withheld every single piece of evi- have made clear, an illegal bribe under this of which referenced any provisions of any dence that the House requested. The facts be- section may take the form of ‘‘a reward criminal code.69 Many of my colleagues were fore us confirm the underlying logic of the [. . .] for a past act that has already been presented with similarly drafted articles of adverse inference rule—that when a party 57 taken.’’ Thus, the fact that the President impeachment against Judge Porteous in 2010. hides something, it is because they have continued to ask for the investigations after In that instance, the House adopted four ar- something to hide. Applying that rule here, 58 the hold was finally released does not ab- ticles of impeachment, none of which explic- the already overwhelming evidence against solve him; it further incriminates him. itly referenced the criminal code.70 The first Trump becomes an avalanche. 2. Trump completed his crime the moment article described conduct that amounts to A. Trump’s obstruction requires us to infer he solicited the bribe bribery—claiming that Judge Porteous ‘‘so- that all the evidence is against him, which It is undisputed that the President, either licited and accepted things of value’’ in ex- only strengthens the case for removal for directly or indirectly, demanded investiga- change for ruling in favor of a particular abuse of power tions into Joe Biden and a conspiracy theory party—but never used the term ‘‘bribe’’ or It is a long-established rule of law that involving the Democratic National Com- mentioned the federal bribery statute.71 The when a party ‘‘has relevant evidence within mittee. The President’s only response is that Senate unanimously convicted Judge his control which he fails to produce, that he cannot be liable because he did not re- Porteous on this article and voted to forever failure gives rise to an inference that the ceive what he requested. Under federal law, disqualify him from holding office.72 No one evidence is unfavorable to him.’’ 75 Impor- however, a corrupt official need not receive seriously entertained the notice argument tantly, this rule applies even in the absence the benefit he demands or perform the offi- then, and there is no good reason to do so of a subpoena and, in fact, ‘‘the willingness cial acts in question; ‘‘it is enough that the now. This bad faith defense is a red herring, of a party to defy a subpoena in order to sup- official agreed to do so.’’ 59 It is the solicita- and we must not let it distract us from the press the evidence strengthens the force of the tion of a private benefit in and of itself that issue before us: the President’s crimes. preexisting inference,’’ because in that sce- constitutes the crime.60 All a prosecutor Trump’s claim that he cannot be removed nario ‘‘it can hardly be doubted he has some would have to demonstrate is that the Presi- for a crime unless the crime is specifically good reason for his insistence on suppres- dent made an agreement or offer to exchange mentioned in the articles of impeachment— sion.’’ 76 Indeed, the courts have recognized official acts for a thing of value. coupled with his claim that there must be that the adverse inference rule is essential to

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.038 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S928 CONGRESSIONAL RECORD — SENATE February 5, 2020 prevent intransigent parties from abusing rials’’ and bragged about how he had kept sits in judgment of the Senate. By failing to ‘‘costly and time consuming’’ court pro- them from Congress.84 We cannot let this remove Trump from office, we will have ceedings to subvert their legal duty to gleeful boast stand without inferring that failed our country. produce relevant evidence.77 The Supreme the materials in question speak to Trump’s ENDNOTES Court has specifically applied this rule guilt. 1. U.S. CONST. art. II. § 4 (‘‘The President against a party who selectively provided Second, as the House managers repeatedly [. . .] shall be removed from Office on Im- weak evidence and failed to allow those per- cautioned us would happen, the evidence peachment for, and Conviction of, Treason, sons with the most relevant knowledge to that Trump has been hiding has started to Bribery, or other high Crimes and Mis- testify, noting that ‘‘the production of weak come out. And each newly revealed tape or demeanors’’). evidence when strong is available can lead record has been unfavorable to the Presi- 2. See generally, JARED P. COLE & TODD only to the conclusion that the strong would dent’s case. The assumption that the law GARVEY, CONG. RES. SERV., R44260, IMPEACH- have been adverse.’’ 78 As the Court put it, in compels us to make about the contents of MENT AND REMOVAL (2015); see also Paul circumstances like this, ‘‘silence then be- these materials—that they demonstrate the Leblanc, Democrats Play 1999 Video of Lindsey comes evidence of the most convincing char- President’s guilt—is confirmed each and Graham Talking About Impeachment to Bolster acter.’’ 79 every time they come out into the light. Case Against Trump, CNN, Jan. 23, 2020, avail- We know that the Trump administration Most damning has been the leak of a draft of able at https://www.cnn.com/2020/01/23/politics/ has relevant evidence that it refuses to John Bolton’s forthcoming book, which con- impeachment-managers-lindsey-graham-video/ produce. As an initial matter, the President firms that the President ‘‘told his national index.html (quoting then-Representative Gra- has failed to comply with a single request security adviser in August that he wanted to ham’s statement during the Clinton im- from the House of Representatives, and, fol- continue freezing $391 million in security as- peachment that an impeachable offense lowing the President’s orders, the White sistance to Ukraine until officials there ‘‘[d]oesn’t even have to be a crime. It’s just House, the office of the Vice President, the helped with investigations into Democrats when you start using your office and you’re Office of Management and Budget, the State including the Bidens,’’ as well as details acting in a way that hurts people, you have Department, the Department of Defense, and about the involvement of various senior cab- committed a high crime’’); Steven J. Harper, the Department of Energy refused to produce inet officials in Trump’s illegal scheme.85 Why Did Alan Dershowitz Say Yes to Trump?, a single document in response to 71 specific And this is only the most recent revelation N.Y. TIMES, Jan. 22, 2020, available at https:// requests issued by the House of Representa- in a rapidly growing series of records that www.nytimes.com/2020/01/22/opinion/alan- tives.80 have come to light. On January 14, 2020, Lev dershowitz-impeachment.html (quoting Alan But we also know of specific pieces of evi- Parnas, a former associate of Rudy Giuliani, Dershowitz’s 1998 comments regarding the dence that go to the heart of the House’s released documents which demonstrate both Clinton impeachment that ‘‘[i]t certainly case and that Trump is concealing. Mark that the President was orchestrating a deal doesn’t have to be a crime if you have some- Sandy testified that in August, OMB pro- to get Zelensky to ‘‘announce that the Biden body who completely corrupts the office of duced a memorandum recommending that case will be investigated,’’ and that Marie president and who abuses trust and who the President’s hold on the Ukraine military Yovanovitch was the subject of an illegal in- poses great danger to our liberty. You don’t assistance be released.81 William Taylor tes- timidation campaign.86 On January 25, 2020, need a technical crime. We look at their acts tified that on August 29, he sent a first per- a tape from April, 2018 was publicly released of state. We look at how they conduct the son cable to Secretary Pompeo, relaying his of a private dinner with top donors where foreign policy. We look at whether they try to subvert the Constitution’’). concerns about the ‘‘folly I saw in with- Trump is heard yelling: ‘‘Get rid of her! Get 3. U.S. CONST. art. II § 4. holding military aid to Ukraine at a time her out tomorrow. I don’t care. Get her out 4. 18 U.S.C. § 201(b). when hostilities were still active in the east tomorrow. Take her out. Okay? Do it,’’ in 5. The President does not contest that he is and when Russia was watching closely to reference to Ambassador Yovanovitch.87 The a ‘‘public official,’’ and the law confirms that gauge the level of American support for the President is also heard specifically asking it would be foolish to claim otherwise. The Ukrainian Government.’’ 82 Mr. Taylor also how long Ukraine would last in a war against courts have found that a wide array of offi- testified that he had exchanged WhatsApp Russia absent U.S. support—in other words, cials are subject to the bribery statute: from messages with Ambassadors Volker and inquiring how much Ukraine is at the mercy a cook at a federal prison, U.S. v. Baymon, Sondland as well as with Ukrainian officials. of the United States.88 Not only does this 312 F. 3d 725, 728 (5th Cir. 2002), to a private The White House has refused to release any tape provide further evidence of a coordi- in the United States army, U.S. v. Kidd, 734 of these documents. We therefore must infer nated campaign against the Ambassador; it F. 2d 409, 411–12 (9th Cir. 1984), to a housing that they demonstrate that there was no also undermines ‘‘earlier defenses by the eligibility technician employed by an inde- interagency process to review the best use of White House that Trump wasn’t aware of pendent public corporation, U.S. v. Hang, 75 the funds—that this rationale was pre-tex- what was taking place in the early phase of F. 3d 1275, 1280 (8th Cir. 1996). It would defy tual. the Ukraine affair.’’ 89 This tape suggests reason to argue that a cook at a federal pris- The White House maintains that Ukraine that Trump not only knew about the on is a public official but the President of was not even aware of the hold on the mili- Ukraine affair, but also that ‘‘he may have the United States is not. tary assistance until after it was reported on been directing events’’ as early as April 6. Tom Porter, Ambassador Sondland Said publicly. But we have testimony to the con- 2018.90 Trump Doesn’t ‘Give a S—’ about Ukraine Ex- trary—testimony that includes reference to The steady drip of damning evidence leak- cept When it Benefits Him Personally, Official specific documents that the President is ing from the President’s associates, com- Testifies, BUSINESS INSIDER, Nov. 19, 2019, withholding. Laura K. Cooper, the American bined with Trump’s own public confession to available at https://www.businessinsider.com/ deputy assistant secretary of defense for concealing relevant evidence, compels us to sondland-said-trump-doesnt-give-a-s-about- Russia, Ukraine and Eurasia, testified that conclude what the law already instructs us ukraine-official-2019-11. This attitude to her staff received two emails on July 25th to infer: that the mountain of evidence Ukraine is amplified by a statement made by that directly undermine Trump’s claim. The Trump is hiding proves his guilt. Secretary of State Pompeo, who has refused first, received at 2:31 PM, stated that the Conclusion to testify before the House of Representa- Ukrainian embassy was asking about the se- tives, when he recently asked a NPR polit- It is clear to me that Trump is guilty of curity assistance. The second, received at ical reporter whether she thought Americans bribery and that his campaign to obstruct 4:25 PM, stated that the Ukrainian embassy gave a [expletive] about Ukraine. Mary Lou- any investigation into his wrongdoing only knew that the foreign military financing as- ise Kelly, Encore: NPR’s Full Interview with strengthens the case against him. Trump’s sistance had been held up.83 At the behest of Secretary of State Mike Pompeo, NPR, Jan. 25, actions require us to vote to remove him President Trump, the State Department has 2020, available at https://www.npr.org/2020/01/ from office. When the Framers included the not released these emails. Unless and until 25/799470712/encore-nprs-full-interview-with-sec- impeachment power in the Constitution, the administration produces these docu- retary-of-state-mike-pompeo. they knew that there would be a presidential ments and any others bearing on when 7. United States v. Williams, 705. F2d. 603, election every four years—and they also Ukraine first learned about the hold, we 602–23 (2d Cir. 1983) (‘‘Corruption of office oc- knew that this was an insufficient check should assume that they demonstrate that curs when the officeholder agrees to misuse against a President who abuses the power of Ukraine knew about the hold when Trump his office in the expectation of gain, whether his office to cheat his way to re-election. spoke to Zelensky on July 25. or not he has correctly assessed the worth of Trump’s misdeeds are a case study in the the bribe.’’). B. THE EVIDENCE THAT HAS EMERGED DESPITE need for impeachment. 8. U.S. v. Gorman, 807 F.2d 1299, 1304–05 (6th TRUMP’S INTRANSIGENCE HAS ONLY BOL- Throughout the impeachment trial, I have Cir. 1986) (explaining that ‘‘anything of STERED THE CASE AGAINST HIM been moved by the grave moral purpose that value’’ should be ‘‘broadly construed’’ with a Based on the above analysis alone, the the Senate is charged with pursuing—of sus- ‘‘focus . . . on the value which the defendant Senate is more than entitled to infer that taining America as an idea, of our Constitu- subjectively attaches to the items re- the mountain of evidence that Trump is tion as a living document that gives sub- ceived’’). withholding would demonstrate his guilt. stance to our identity as the world’s leading 9. U.S. v. Renzi, 769 F.3d 731, 744 (8th Cir. But two further points compel us to make democracy. As we sit in judgment of a Presi- 2014) (citing Williams and Gorman in explain- such an inference. First, Trump confessed on dent who has demonstrated nothing but con- ing importance of subjective test for ‘‘any- national television to having ‘‘all the mate- tempt for our laws and our values, history thing of value’’).

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.040 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S929 10. Gorman, 807 F. 2d 1299 at 1299. mitted to make public statements about on- 201(c), the thing of value need not be a rea- 11. Williams, 7 F. Supp. 2d 40 at 52–51. going investigations, such as when necessary son that the official performed the act at all. 12. U.S. v. Menendez, 132 F. Supp. 3d 635 to ensure public safety. See infra 14–15. (D.N.J. 2015); see Citizens United v. Fed. 29. Treaty of Mutual Legal Assistance, 43. DEPARTMENT OF JUSTICE, CRIMINAL RE- Election Comm’n, 558 U.S. 310, 357 (2010) Ukraine-U.S., art. 1 cl.2, July 22, 1998, SOURCE MANUAL, 834. INTENT OF THE PARTIES, (‘‘The absence of prearrangement and coordi- T.I.A.S. No. 12978. available at https://www.justice.gov/jm/ nation of an expenditure with the candidate 30. 3The Trump-Ukraine Impeachment In- criminal-resource-manual-834-intent-parties. or his agent [. . .] undermines the value of quiry Report: Report for the H. Perm. Select 44. Id. the expenditure to the candidate,’’ and Comm. On Intelligence Pursuant to H. Res. 45. McDonnell, 136 S. Ct. at 2371. therefore the government was not justified 660 in Consultation with the H. Comm. On 46. United States v. Synowiec, 333 F. 3d 786, 789 (7th Cir. 2003). in placing limits on independent expendi- Oversight and Reform and the H. Comm. On 47. Id. at 789–90. Foreign Affairs at 122, 116th Cong. (2019). tures.)(internal citations and quotations 48. MEMORANDUM OF TELEPHONE CONVERSA- 31. DEPARTMENT OF JUSTICE, STATEMENT, omitted). TION, supra n. 21 at 5. 13. U.S. v. Sheker, 618 F. 2d 607, 609 (9th Cir. Sept. 25, 2019 (‘‘The President has not asked 49. Charlie Savage & Josh Williams, Read 1980); the Attorney General to contact Ukraine— the Text Messages Between U.S. and Ukrainian 14. U.S. v. Girard, 601 F. 2d 69, 70 (2d Cir. on this or any other matter. The Attorney Officials, N.Y. TIMES, Oct. 4, 2019, available 1979). General has not communicated with at https://www.nytimes.com/interactive/2019/ 15. U.S. v. Zouras, 497 F. 2d 1115, 1121 (7th Ukraine—on this or any other subject.’’) 10/04/us/politics/ukraine-text-messages- Cir. 1974). 32. e Kenneth P. Vogel, Rudy Giuliani Plans volker.html. 16. Sheker, 618 F. 2d at 609. Ukraine Trip to Push for Inquiries that Could 50. Lisa Mascare, Mary Clare Jalonick & 17. U.S. v. Williams, D.D.C.1998, 7 F.Supp.2d Help Trump, N.Y. Times, May 9, 2019, avail- Eric Tucker, Watch: Ambassador Gordon 40, vacated in part 240 F.3d 35, 345 able at https://www.nytimes.com/2019/05/09/us/ Sondland Testifies Trump Directed Ukraine U.S.App.D.C. 111 (emphasis added). politics/giuliani-ukraine-trump.html Quid Pro Quo, ASSOCIATED PRESS, Nov. 19, 18. MEMORANDUM OF TELEPHONE CONVERSA- (quoting Giuliani, in response to questions 2019, available at https://www.wgbh.org/news/ TION: TELEPHONE CONVERSATION WITH PRESI- about his travel to Ukraine, noting that national-news/2019/11/19/watch-live-eu-ambas- DENT ZELENSKY OF UKRAINE 3 (July 25, 2019). ‘‘this isn’t foreign policy—I’m asking them sador-gordon-sondland-2-others-testify-on- 19. Ryan Lucas, House Committees Subpoena to do an investigation [. . .] because that in- day-4-of-impeachment-hearings. Rudy Giuliani in Impeachment Inquiry, NPR, formation will be very, very helpful to my cli- 51. Jessica Taylor, ‘Get Over It’: Politics is Oct. 1, 2019, available at https://www.npr.org/ ent [Donald Trump], and may turn out to be Part of Foreign Policy, Mulvaney Says, 2019/10/01/765986709/house-committees- helpful to my government.’’) (emphasis NPR, Oct. 17, 2019, available at https:// subpoenae-rudy-giuliani-in-impeachment-in- added). www.npr.org/2019/10/17/770979659/watch-white- quiry. 33. Miles Parks & Brian Naylor, Trump Did house-holds-now-rare-press-briefing-amid- 20. Tamara Keith, Trump, Ukraine and the ‘Nothing Wrong,’ His Legal Team Says in First impeachment-syria-conflicts. Path to the Impeachment Inquiry: A Timeline, Day of Impeachment Defense, NPR, Jan. 25, 52. See Trial Memorandum of President NPR, Oct. 12, 2019, available at https:// 2020, available at https://www.npr.org/2020/01/ Donald J. Trump at 27–28 (Jan. 20, 2020) (re- www.npr.org/2019/10/12/768935251/trump- 25/797321065/president-trumps-legal-team-to- butting ‘‘radical claim that a President can ukraine-and-the-path-to-the-impeachment- begin-impeachment-defense?utm-source= be impeached and removed from office solely inquiry-a-timeline. twitter.com&utm-term=nprnews &utm- for doing something he is allowed to do, if he 21. chael Biesecker, Mary Clare Jalonick & campaign= npr&utm-medium= social did it for the ‘wrong’ subjective reasons [. . .] By eliminating any requirement for wrongful Eric Tucker, Giuliani Associate Names Trump, (‘‘American intelligence agencies have been conduct, House Democrats have tried to Pence, More in Ukraine Plan, ASSOCIATED unanimous in their assessment that it was make thinking the wrong thoughts an im- PRESS, Jan. 17, 2020, available at https:// Russia that interfered in the last presi- peachable offense’’) (emphasis in original). apnews.com/708b81d4c77 038eb0b751c 30f72ff315 dential race’’). (quoting letter from Giuliani requesting a 53. As discussed supra pp. 1–2, it is emi- 34. 18 U.S.C. § 201(a)(3). nently clear that the President need not meeting with Zelensky ‘‘as personal counsel 35. See U.S. CONST. art. II § 2 (The President have violated ‘‘established law’’ in order to to President Trump and with his knowledge ‘‘shall receive ambassadors and other public have committed an impeachable offense. and consent’’). ministers,’’); Zivotofsky ex rel. Zivotofsky v. 54. 18 U.S.C. § 201(c). 22. nneth P. Vogel, Rudy Giuliani Plans Kerry, 576 U.S. 1, 135 S. Ct. 2076, 2086 55. Brewster, 506 F. 2d at 72. Ukraine Trip to Push for Inquiries that Could (2015)(the Reception Clause ‘‘assigns the 56. MEMORANDUM OF TELEPHONE CONVERSA- Help Trump, N.Y. TIMES, May 9, 2019, avail- President means to effect recognition on his TION, supra n. 21 at 3. able at https://www.nytimes.com/2019/05/09/us/ own initiative’’). 57. Sun-Diamond Growers, 526 U.S. at 404. politics/giuliani-ukraine-trump.html. 36. Cf. U.S. v. Birdsall, 233 U.S. 223, 231 58. See Kevin Breuninger, Trump Says China 23. 3See Keith, Trump, supra n. 23. (1914) ([I]t is sufficient that [the act] was Should Investigate the Bidens, Doubles Down 24. Amy Chozick & Patrick Healy, ‘This governed by a lawful requirement of the exon Ukraine Probe, CNBC, Oct. 3, 2019, avail- Changes Everything’: Donald Trump Exults as ecutive department under whose authority able at https://www.cnbc.com/2019/10/03/ Hillary Clinton’s Team Scrambles, N.Y. Times, the officer was acting; and such requirement trump-calls-for-ukraine-china-to-inves- Oct. 28, 2016, available at https:// need not have been prescribed by a written tigate-the-bidens.html (quoting President www.nytimes.com/2016/10/29/us/politics/don- rule or regulation, but might also be found Trump, in response to question about what ald-trump-hillary-clinton.html. in an established usage which constituted he wanted Ukraine to do, stating that ‘‘[i]f 25. Benjamin Wood, Mitt Romney Says Ev- the common law of the department.’’). they were honest about it, they would start erybody Knows It ‘Is Wrong’ to Ask a Foreign 37. See MARIAN L. LAWSON & EMILY M. a major investigation into the Bidens’’). Government to Probe a Political Rival, Salt MORGENSTERN, CONG. RES. SERV., R40213, FOR- 59. McDonnell v. U.S. 136 S. Ct. 2355, 2371 (2016). Lake Tribune, Oct. 11, 2019, available at EIGN AID: AN INTRODUCTION TO U.S. PRO- 60. Id. at 2370–71 (2016); see also United https://www.sltrib.com/news/politics/2019/10/ GRAMS AND POLICY (2019). States v. Hawkins, 37 F. Supp. 3d 964 (N.D. 10/mitt-romney-says-he-hasnt/. Sen. Romney 38. McDonnell v. U.S., 136 S. Ct. 2355, 2373. Ill. 2014), aff’d in part, vacated in part on made this statement in regard to Trump’s The meetings that the Court considered in other grounds, remanded, 2015 WL 309520 (7th request, made live on national television, McDonnell are not comparable. Nowhere in Cir. 2015)(‘‘What is required to make the act that China investigate the Bidens. But the Virginia’s constitution or statutes is the corrupt is not an intent to take a specific ac- logic of the Senator’s claim applies with governor tasked with arranging meetings, tion, but the holding out of the performance equal force to Trump’s demand that Ukraine hosting parties, or engaging in unofficial of the duties of one’s office for sale.’’). investigate the Bidens. conversations with other government offi- 61. See supra pp. 12–13. 26. ile CrowdStrike is not actually a Trump cials. The Court took issue with a jury in- 62. Andrew E. Kramer, Ukraine Knew of Aid political opponent, Trump was accusing struction which stated that an official act Freeze in July, Says Ex-Top Official in Kyiv, them of conspiring with the Democratic Na- need not have been taken ‘‘pursuant to re- N.Y. TIMES, Dec. 3, 2019, available at https:// tional Committee and did not suggest any il- sponsibilities explicitly assigned by law,’’ www.nytimes.com/2019/12/03/world/europe/ legal conduct on their part unrelated to whereas the President’s actions here clearly ukraine-impeachment-military-aid.html; President Trump’s political past and future. are assigned by law. Transcript: Laura Cooper and David Hale’s 27. ck Beauchamp, Trump Didn’t Want an In- 39. See U.S. Const. art. II § 2 (The President Nov. 20 Testimony to House Intelligence Com- vestigation into Biden. He Wanted a Political ‘‘shall receive ambassadors and other public mittee, WASHINGTON POST, Nov. 20, 2019, Show., VOX, Nov. 20, 2019, available at https:// ministers’’); Zivotofsky, 135 S. Ct. at 2086 https://www.washingtonpost.com/politics/ www.vox.com/policy-and-politics/2019/11/20/ (2015)(the Reception Clause ‘‘assigns the 2019/11/20/transcript-laura-cooper-david- 20974201/gordon-sondland-impeachment-hear- President means to effect recognition on his hales-nov-testimony-house-intelligence-coming-testimony-biden-show-trump. own intiative’’); 22 U.S.C. § 2754; 22 U.S.C. mittee/. Any statement to the contrary by 28. 3See United States Attorneys’ Manual 1– § 2311(a). Zelensky is not reliable for the simple rea- 7.400—Disclosure of Information Concerning 40. See Zivotofsky 135 S. Ct. at 2096. son that Ukraine’s future depends on re- Ongoing Criminal, Civil, or Administrative 41. 526 U.S. 398, 404 (1999). maining in Trump’s good graces. As Cath- Investigations, 1997 WL 1944080. Only in spe- 42. U.S. v. Brewster, 506 F. 2d 62, 71 (D.C. erine Croft, who testified that the Ukrain- cial circumstances are U.S. attorneys per- Cir. 1974). In contrast, with a bribe under ians knew about the hold much earlier than

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.041 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S930 CONGRESSIONAL RECORD — SENATE February 5, 2020 she expected to, stated, the Ukrainians did 1956) (‘‘Unquestionably the failure of a de- the Constitution of the United States. not want the hold publicized because it fendant in a civil case to testify or offer Every U.S. Senator takes the same ‘‘would be a really big deal in Ukraine, and other evidence within his ability to produce oath. The Constitution makes clear an expression of declining U.S. support for and which would explain or rebut a case that no one is above the law, not even Ukraine.’’ Charlotte Butash, Summary of made by the other side may, in a proper case, the President of the United States. Catherine Croft’s Deposition Testimony, be considered as a circumstance against him Over the past 2 weeks, the Senate has LAWFARE, Nov. 16, 2019, available at and may raise a presumption that the evi- lawfareblog.com/summary-catherine-crofts- dence would not be favorable to his posi- heard overwhelming evidence showing deposition-testimony. tion.’’). that the President of the United 63. Peter Baker, Mulvaney Will Defy House 76. International Union, 459 F. 2d at 1338 States, Donald J. Trump, abused the Impeachment Subpoena, N.Y. TIMES, Nov. 12, (emphasis added). power of his office to pressure the 2019, available at https://www.nytimes.com/ 77. Id. at 1339. President of Ukraine to dig up dirt on 2019/11/12/us/politics/mulvaney-impeachment- 78. Interstate Circuit, 306 U.S. at 226. a political rival to help President subpoena.html. 79. Id. Trump in the next election. The Presi- 64. Interstate Circuit v. U.S., 306 U.S. 208, 80. Sharon Lafontaine, House Managers dent then executed an unprecedented 226 (1939); see infra Part II. Asks: Where are the Documents, N.Y. TIMES, 65. H. Res. 755, 116th Cong. § 1 (2019). Jan. 24, 2020, available at https:// campaign to cover up his actions, in- 66. 18 U.S.C. § 201(b); see supra pp. 2–13. www.nytimes.com/live/2020/impeachment- cluding a wholesale obstruction of 67. See Report of the H. Comm. on the Judici- trial-live-01-24. Congress’s effort to investigate his ary, Impeachment of Donald John Trump, 81. Jeff Stein & Josh Dawsey, In New Legal abuse of power. President of the United States at 120–26, 116th Memo, White House Budget Office Defends The Constitution gives the Senate Cong. (2019). Withholding Aid to Ukraine, WASHINGTON the sole power to conduct impeach- 68. See Patricia Zengerle, Karen Freifeld & POST, Dec. 12, 2019, available at https:// ment trials. A fair trial is one in which Richard Cowan, Pelso Says Trump Has Admit- www.washingtonpost.com/business/economy/ ted to Bribery as Impeachment Probe Intensi- Senators are allowed to see and hear in-new-legal-memo-white-house-budget-of- all of the relevant information needed fies, REUTERS, Nov. 14, 2019, available at fice-defends-withholding-aid-to-ukraine/2019/ https://www.reuters.com/article/us-usa- 12/11/0caa030e-1b95-11ea-826b- to evaluate the Articles of Impeach- trump-impeachment/pelosi-says-trump-has- 14ef38a0f45f_story.html. ment, including relevant witnesses and admitted-to-bribery-as-impeachment-probe- 82. Jeremy Herb & Manu Raju, Top US Dip- documents. The American people ex- intensifies-idUSKBN1XO1HD; Jessica Taylor, lomat Said John Bolton Opposed Call Between pected and deserved a fair trial, but Rep. Adam Schiff: Trump’s Potentially Im- Trump and Ukrainian President, CNN, Oct. 22, that is not what they got. Instead of peachable Offenses Include Bribery, NPR, Nov. 2019, available at https://www.cnn.com/poli- engaging in a pursuit for the truth, 12, 2019, available at https://www.npr.org/2019/ tics/live-news/impeachment-inquiry-10-22- Senate Republicans locked arms with 11/12/778380499/rep-adam-schiff-trumps-poten- 2019/h_a1a8938b60cfd525c6768fd7dc207e6d. tially-impeachable-offenses-include-bribery the President and refused to subpoena 83. Transcript: Laura Cooper and David a single witness or document. They (explaining that Rep. Schiff believes ‘‘there’s Hale’s Nov. 20 Testimony to House Intelligence a clear argument to be made that Trump Committee, WASHINGTON POST, Nov 20, 2019, even refused to allow the testimony of committed ‘bribery’ and ‘high crimes and available at https:// the President’s former National Secu- misdemeanors’—both explicitly outlined in www.washingtonpost.com/politics/2019/11/20/ rity Advisor, John Bolton, who pos- the Constitution as impeachable offenses— transcript-laura-cooper-david-hales-nov-tes- sesses direct evidence related to the when pressuring the Ukrainian government timony-house-intelligence-committee/. issues at the heart of the trial, even as to investigate former Vice President Joe 84. Peter Wade, Trump Brags About Con- more evidence continued to come to Biden’s son in exchange for long-promised cealing Impeachment Evidence: We Have All the light and as Bolton repeatedly volun- military aid’’); Sean Collins, A Republican Material, They Don’t, ROLLING STONE, Jan. 22, Memo Details the Party’s Impeachment Inquiry teered to share what he knows. 2020, available at https:// This trial boils down to one word: Defenses. They Aren’t Very Strong, VOX, Nov. www.rollingstone.com/politics/politics-news/ 12, 2019, available at https://www.vox.com/ trump-impeachment-evidence-we-have-all- corruption—the corruption of a Presi- policy-and-politics/2019/11/12/20961073/trump- the-material-they-dont-941140/. dent who has repeatedly put his inter- impeachment-hearings-republican-testi- 85. Maggie Haberman & Michael S. ests ahead of the interests of the Amer- mony-strategy (quoting Rep. Speier: ‘‘[t]he Schmidt, Trump Tied Ukraine Aid to Inquiries ican people and violated the Constitu- president broke the law. He went on a tele- He Sought, Bolton Book Says, N.Y. TIMES, Jan. tion in the process; the corruption of phone call with the president of Ukraine and 26, 2020, available at https:// this President’s political appointees, said ‘I have a favor, though,’ and then pro- www.nytimes.com/2020/01/26/us/politics/ including individuals like U.S. Ambas- ceeded to ask for an investigation of his trump-bolton-book-ukraine.html. sador to the European Union Gordon rival. And this is a very strong case of brib- 86. Greg Sargent, Four Big Takeaways from Sondland, who paid $1 million for an ery’’). the Explosive Lev Parnas Documents, WASH- 69. H. Doc. No. 109–153, Jurisdictional History INGTON POST, Jan. 15, 2020, available at ambassadorship; the corruption run- of the Judiciary Committee: The Committee and https://www.washingtonpost.com/opinions/ ning throughout our government that Impeachment, at 124–27. 2020/01/15/four-big-takeaways-explosive-lev- protects and defends the interests of 70. See H. Res. 1031, 111th Cong. (2010). parnas-documents/. the wealthy and powerful to the det- 71. Id. at § 1. 87. Rosalind S. Helderman, Tom Ham- riment of everyone else. 72. Jennifer Steinhauer, Senate, for Just the burger & Josh Dawsey, Listen: Trump Tells Americans have a right to hear and 8th Time, Votes to Oust a Federal Judge, N.Y. Associates to ‘Get Rid Of’ U.S. Ambassador to see information that further exposes TIMES, Dec. 8, 2010, available at https:// Ukraine, Washington Post, Jan. 25, 2020, www.nytimes.com/2010/12/09/us/politics/ the gravity of the President’s actions available at https:// and the unprecedented steps he and his 09judge.html. www.washingtonpost.com/politics/recording- 73. Carol D. Leonnig, Tom Hamburger, & of-trump-calling-for-yovanovitchs-ouster-ap- agents took to hide it from the Amer- Greg Miller, White House Lawyer Moved Tran- pears-to-corroborate-parnass-account/2020/01/ ican people. But more importantly, script of Trump Call to Classified Server after 24/77326098-3ed3-11ea-baca- Americans deserve to know that the Ukraine Adviser Raised Alarms, WASHINGTON eb7ace0a3455_story.html. President of the United States is using POST, Oct. 30, 2019, available at https:// 88. Josh Lederman, Trump Appears on Audio the power of his office to work in the www.washingtonpost.com/politics/white- to Demand Yovanovitch’s Ouster Without Nation’s interest, not his own personal house-lawyer-moved-transcript-of-trump- Knowing Her Name, NBC NEWS, Jan. 25, 2020, call-to-classified-server-after-ukraine-ad- interest. available at https://www.nbcnews.com/poli- I voted to convict and to remove the viser-raised-alarms/2019/10/30/ba0fbdb6-fb4e- tics/politics-news/trump-appears-audio-de- 11e9-8190-6be4deb56e01_story.html. President from office in order to stand mand-yovanovitch-s-ouster-without-know- up to the corruption that has per- 74. Jennifer Haberkorn, Trump Will Try to ing-her-n1123171. Block Bolton Impeachment Testimony; Senate to 89. Philip Ewing, Trump Impeachment meated this administration and that Get Case Next Week, Pelosi Says, L.A. TIMES, Recap: Dems Wrap With Exhortation to Act, was on full display with President Jan. 10, 2020, available at https:// NPR, Jan. 24, 2020, available at https:// Trump’s abuse of power and obstruc- www.latimes.com/politics/story/2020-01-10/ www.npr.org/2020/01/24/799426878/trump-im- tion of Congress. I will continue to call pelosi-trump-impeachment-case. peachment-recap-dems-wrap-with-exhor- out this corruption and fight to make 75. International Union, United Auto., tation-to-act. this government work not just for the Aerospace and Agr. Implement Workers of 90. Id. America (UAW) v. N.L.R.B., 459 F. 2d 1329, wealthy and well-connected but to 1336 (D.C. Cir. 1972) (noting that ‘‘this rule Ms. WARREN. Mr. President, when I make it work for everyone. can be traced as far back as 1722); United was elected to serve in the U.S. Senate, Mr. PETERS. Mr. President, I swore States v. Roberson, 233 F. 2d 517, 519 (5th Cir. I swore an oath to support and defend an oath to defend the Constitution

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.044 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S931 both as an officer in the U.S. Navy Re- The President’s conduct is unaccept- This betrayal is by definition a high serve and as a U.S. Senator. able for any official, let alone the lead- crime and misdemeanor. If it does not At the beginning of the impeachment er of our country. rise to the level of impeachment and trial, I swore an oath to keep an open Our Nation’s Founders feared un- removal, I am not sure what would. mind, listen carefully to the facts, and checked and unlimited power by the The Senate has a constitutional rein the end deliver impartial justice. President. They rebelled against an sponsibility to hold him accountable. After carefully listening to the argu- abusive monarch with unlimited power If we do not stand up and defend our ments presented by both House man- and instead created a republic that dis- democracy during this fragile period, agers and the President’s lawyers, I be- tributed power across different we will be allowing this President and lieve the facts are clear. branches of government. future Presidents to have unchecked President Trump stands accused by They were careful students of his- power. the House of Representatives of abus- tory; they knew unchecked power This is not what our Founders in- ing his power in an attempt to extort a would destroy a democratic republic. tended. The oath I swore to protect and foreign government to announce a They were especially fearful of an un- defend the Constitution demands that I trumped up investigation into a polit- checked Executive and specifically vote to preserve the future of our Re- ical rival and thereby put his personal granted Congress the power of im- public. I will faithfully execute my interest ahead of national security and peachment to check a President who oath and vote to hold this President the public trust. thought of themselves as above the accountable for his actions. The President illegally withheld con- law. Mr. COTTON. Mr. President, I will gressionally approved military aid to Two years ago, I had the privilege of soon join a majority of the Senate in an ally at war with Russia and condi- participating in an annual bipartisan voting down the Articles of Impeach- tioned its release on Ukraine making Senate tradition reading President ment brought against the President by an announcement the President could George Washington’s farewell address his partisan opponents. The time has use to falsely discredit a likely polit- on the Senate floor. come to end a spectacle that has ele- In that address, President Wash- ical opponent. vated the obsessions of Washington’s ington warned that unchecked power, When the President’s corrupt plan political class over the concerns and the rise of partisan factions, and for- was brought to light, the White House interests of the American people. eign influence, if left unchecked, would engaged in a systematic and unprece- This round of impeachment is just undermine our young Nation and allow dented effort to cover up the scheme. the latest Democratic scheme to bring for the rise of a demagogue. down the President. I say ‘‘this round’’ The President’s complete refusal to He warned that we could become so because House Democrats have tried to cooperate with a constitutionally au- divided and so entrenched in the beliefs impeach President Trump at least four thorized investigation is unparalleled of our particular partisan group that times—first, for being mean to football in American history. ‘‘cunning, ambitious and unprincipled Despite the extraordinary efforts by players; then for his transgender mili- men will be enabled to subvert the the President to cover up the facts, the tary policy; next for his immigration power of the people and to usurp for House managers made a convincing policy. And those are just the impeach- themselves the reins of government.’’ ment attempts. Along the way, Demo- case. I am struck by the contrast of where crats also proclaimed that Robert It is clear. we are today and where our Founders Mueller would drive the President from The President’s actions were not an were more than 200 years ago. effort to further official American for- George Washington was the ultimate office. Some even speculated that the eign policy. rock star of his time. He was beloved, Vice President and the Cabinet would The President was not working in the and when he announced he would leave invoke the 25th amendment to seize public interest. the Presidency and return to Mount power from the President—a theory What the President did was wrong, Vernon, people begged him to stay. that sounds more like resistance fan unacceptable, and impeachable. There was a call to make him a King, fiction than reality. I expected the President’s lawyers to and he said no. He reminded folks that What is behind this fanaticism? Sim- offer new eyewitness testimony from he had just fought against a monarch ply put, the Democrats have never ac- people with firsthand knowledge and so that the American people could cepted that Donald Trump won the 2016 offer new documents to defend the enjoy the liberties of a free people. election, and they will never forgive President, but that did not happen. George Washington, a man of integ- him, either. It became very clear to me that the rity and an American hero, refused to It is time for the Democrats to get President’s closest advisers could not be anointed King when it was offered to some perspective. They are claiming speak to the President’s innocence, and him by his adoring countrymen. He that we ought to impeach and remove his lawyers did everything in their chose a republic over a monarchy. a President from office for the first power to prevent them from testifying But tomorrow, by refusing to hold time in our history for briefly pausing under oath. President Trump accountable for his aid to Ukraine and rescheduling a Witness testimony is the essence of a abuses, Republicans in the Senate are meeting with the Ukrainian President, fair trial. It is what makes us a coun- offering him unbridled power without allegedly in return for a corruption in- try committed to the rule of law. accountability, and he will gleefully quiry. But the aid was released after a If you are accused of wrongdoing in seize that power. few weeks and the meeting occurred, America, you have every right to call And when he does, our Republic will yet the inquiry did not—even though, I witnesses in your defense, but you also face an existential threat. would add, it remains justified by the don’t have the right to stop the pros- A vote against the Articles of Im- Biden family’s obvious, glaring conflict ecution from calling a hostile witness peachment will set a dangerous prece- of interest in Ukraine. or subpoenaing documents. dent and will be used by future Presi- Just how badly have the Democrats No one in this country is above the dents to act with impunity. lost perspective? The House managers law—no one—not even the President. Given what we know, that the Presi- have argued that we ought to impeach If someone is accused of a crime and dent abused the power of his office by and remove the President because his they have witnesses who could clear attempting to extort a foreign govern- meeting with the Ukrainian President them of any wrongdoing, they would ment to interfere with an American happened in New York, not Wash- want those witnesses to testify. In fact, election, that he willfully obstructed ington. not only would they welcome it, they justice at every turn, and that his ac- When most Americans think about would insist on it. tions run counter to our Nation’s most why a President ought to be impeached All we need to do is use our common cherished and fundamental values, it is and removed from office for the first sense. The fact that the President re- clear the President betrayed the trust time in our history, I suspect that fuses to have his closest advisers tes- the American public placed in him to pausing aid to Ukraine for a few weeks tify tells me that he is afraid of what fully execute his constitutional respon- is pretty far down the list. That is not they will say. sibilities. exactly ‘‘treason, bribery, or other

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.041 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S932 CONGRESSIONAL RECORD — SENATE February 5, 2020 high crimes and misdemeanors.’’ And 28,000 pages of documents. The House the President, emphasized that history that is especially true when we are just could have pursued more witnesses dur- is watching. That is true. Every action months away from the election that ing its impeachment, yet it instead taken by the House and the Senate will let Americans make their own chose to rush ahead rather than sub- during this impeachment sets a prece- choice. Indeed, Americans are already poena those witnesses or litigate issues dent for our country and our institu- voting to select the President’s Demo- in Federal court. In fact, when one of tions of government, whether good or cratic challenger. Why not let the vot- the House’s potential witnesses asked a bad. ers decide whether the President ought Federal court to rule on the issue, the For that reason, it is our job as Sen- to be removed? House withdrew its subpoena and asked ators to look at the entire record of The Democrats’ real answer is that to dismiss the case. The House Demo- this proceeding—from what happened they are afraid they will lose again in crats complain that the courts would in the House to final arguments made 2020, so they designed impeachment to have taken too long. Yet they expected here in the Senate. It is also our duty hurt the President before the election. the Senate to delay our work to finish to look at the whole picture, the flawed As one Democratic congressman said theirs. And in a final, remarkable process in the House, the purely par- last year, ‘‘I’m concerned that if we stunt, Congressman ADAM SCHIFF sug- tisan nature of the articles of impeach- don’t impeach this president, he will gested that we depose witnesses—only ment, the President’s actions that led get reelected.’’ Or, as minority leader his, of course, not the President’s— to his impeachment, and the impact of CHUCK SCHUMER claimed earlier this with Chief Justice Roberts ruling on all of this on our constitutional norms. month, impeachment is a ‘‘win-win’’ all questions of evidence and privilege, Most importantly, we must weigh the for Democrats; either it will lead to the dragging him into this political spec- impact on our Nation and on the legit- President’s defeat or it will hurt tacle. imacy of our institutions of govern- enough Republican Senators in tough But the curtain will soon come down ment, if the Senate were to agree with races to hand Democrats the majority. on this political theater. The Senate the House managers’ demands to over- Or maybe both. will perform the role intended for us by turn the 2016 election and remove the The political purpose of impeach- the Founders, of providing the ‘‘cool President from the 2020 ballot. This has ment was clear from the manner in and deliberate sense of the commu- never happened in our country’s 243- which House Democrats conducted nity,’’ as it says in Federalist 63, over year history. It is also our job as Senators during their proceedings. If impeachment was and against an inflamed and transient an impeachment trial to be guided by indeed the high-minded, somber affair House majority. Were we to do other- ‘‘a deep responsibility to future times.’’ that Speaker NANCY PELOSI claimed, wise, were the Senate to acquiesce to This is a quote from U.S. Supreme House Democrats would have taken the House, this process might have Court Justice Joseph Story, two cen- their time to get all the facts from all dragged on for many weeks, even for turies ago, but it couldn’t be more rel- relevant witnesses. Instead, they bar- months, shutting down the normal leg- evant today. With this grave constitu- reled ahead with a slipshod and secre- islative business of Congress even tional responsibility in mind, and con- tive process, denying the President’s longer than it already has. Even worse, by legitimizing the sidering the important factors listed due-process rights, gathering testi- House’s flawed, partisan impeachment, above, I will vote to acquit the Presi- mony behind closed doors, leaking we would be setting a grave precedent dent on both charges brought against their findings selectively to the press, for the future. Just consider how many him. and ignoring constitutional concerns times we heard about the impeachment It may surprise some, but if you lis- such as executive privilege. trial of President Andrew Johnson dur- tened to all the witnesses in this trial The impeachment vote itself contra- ing this trial. The Founders didn’t in- and you examine the sweep of Amer- dicted the pretensions of House Demo- tend impeachment as a tool to check ican history, one strong bipartisan crats. Speaker PELOSI said last year the Executive over policy disagree- point of consensus has emerged: Purely that she wouldn’t support impeachments or out of political spite. And the partisan impeachments are not in the ment unless there was something ‘‘so House has never before used impeach- country’s best interest. In fact, they compelling and overwhelming and bi- ment in this way, not when the Demo- are a danger which the Framers of the partisan’’ that it demanded a response. crats claimed that President George W. Constitution clearly feared. Likewise, Congressman JERRY NADLER Bush misled the country into the Iraq Alexander Hamilton’s warning from said that the House had to ‘‘persuade war or when President Barack Obama Federalist No. 65 bears repeating: ‘‘In enough of the opposition party voters’’ broke the law by releasing terrorists many cases [impeachment] will con- before it voted to impeach. Democrats from Guantanamo Bay in return for nect itself with the pre-existing fac- failed on both counts. Indeed, the only the release of an American deserter, tions, and will inlist all their animos- bipartisan aspect of the whole pro- Bowe Bergdahl. Indeed, the Republican ities, partialities, influence, and inter- ceeding is that both Republicans and House did not impeach President est on one side or on the other; and in Democrats voted against impeaching Obama for, yes, withholding aid from such cases there will always be the the president. Not a single Republican Ukraine for 3 full years. greatest danger that the decision will voted for either article of impeachment No House in the future should lead be regulated more by the comparative in the House, resulting in the first the country down this path again. By strength of parties, than by the real party-line impeachment of a President refusing to do this House’s dirty work, demonstrations of innocence or guilt in our Nation’s history. the Senate is stopping this dangerous . . . Yet it ought not to be forgotten So instead of doing their work, House precedent and preserving the Founders’ that the demon of faction will, at cer- Democrats simply impeached the understanding that Congress ought to tain seasons, extend his sceptre over President and declared their job com- restrain the executive through the all numerous bodies of men.’’ plete. Yet after piously declaring the many checks and balances still at our The reason for this ‘‘greatest danger’’ urgency of this impeachment, they disposal. More fundamentally, we are is obvious: the weaponization of im- waited a month to send the articles preserving the most important check peachment as a regular tool of partisan over to the Senate. Maybe they had to of all—an election. It is time to teach warfare will incapacitate our govern- wait for the gold-encrusted souvenir that lesson to this House and to all fu- ment, undermine the legitimacy of our pens to arrive for Speaker PELOSI’s ture Houses, of both parties. institutions, and tear the country ‘‘signing ceremony.’’ NANCY PELOSI and ADAM SCHIFF have apart. Until this impeachment, our And once in the Senate, the political failed, but the American people lost. country’s representatives largely un- theater continued. The House Demo- Now it is time to get back to doing the derstood this. During the Clinton im- crats repeatedly asserted a bizarre log- people’s business. peachment—Democrats, including Mi- ical fallacy: their case was both ‘‘over- Mr. SULLIVAN. Mr. President, I rise nority Leader SCHUMER and House whelming’’ and in need of more evi- today to speak about the impeachment Managers LOFGREN and NADLER, argued dence. Yet we heard from 17 wit- of Donald J. Trump. that a purely partisan impeachment nesses—all hand-selected by the House The Democratic House managers, would be ‘‘divisive,’’ ‘‘lack the legit- Democrats—and received more than who are prosecuting the case against imacy of a national consensus,’’ and

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.038 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S933 ‘‘call into question the very legitimacy impeachment trial. The House Man- preme Court Justice Brandeis stated in of our political institutions.’’ agers claim that, by not doing so, we his famous dissent in Myers v. United Less than a year ago, Speaker PELOSI are undermining a ‘‘fair trial’’ in the States, ‘‘The doctrine of the separation said: ‘‘Impeachment is so divisive to Senate. The irony of such a claim of powers was adopted by the conven- the country that unless there’s some- should not be lost on the American tion of 1787 not to promote efficiency thing so compelling and overwhelming people. but to preclude the exercise of arbi- and bipartisan, I don’t think we should Throughout this trial, and in their trary power. The purpose was not to go down that path because it divides briefs, the House managers have avoid friction, but, by means of the in- the country.’’ claimed dozens of times that they have evitable friction incident to the dis- Yet here we are. Against the weight ‘‘overwhelming evidence’’ on the cur- tribution of the governmental powers of bipartisan consensus and the wisdom rent record to impeach the President, among three departments, to save the of the Framers, the House still took thereby undermining their own ration- people from autocracy.’’ If allowed to this dramatic and consequential step, ale for more evidence. stand by the Senate, the implications the first purely partisan impeachment And in terms of fairness, it is well of these House precedents for our Na- in U.S. history. Only Democrats in the documented that the Democratic lead- tion and the individual liberties of the House voted to impeach the President, ership in the House just conducted the people we represent are difficult to dis- while a bipartisan group of House most rushed, partisan, and fundamen- cern, but would be profound and likely members opposed. tally unfair House impeachment pro- very negative. This was done through rushed House ceedings in U.S. history. Similarly concerning were the at- proceedings that lacked the most basic A Senate vote to pursue additional tempts, both subtle and not so subtle, due process procedures afforded Presi- evidence and witnesses would have to inject Chief Justice Roberts of the dents Clinton and Nixon during their turned the article I constitutional im- U.S. Supreme Court into this trial. The impeachment investigations. A signifi- peachment responsibilities of the smooth siren song of House Manager cant portion of the House proceedings House and Senate on their heads. It SCHIFF, casually inviting the Senate last fall took place in secret, where the would have required the Senate to do and Chief Justice into a constitutional President was not afforded counsel, the the House’s impeachment investiga- labyrinth for which there may have ability to call his own witnesses, or tory work, even when the House af- been no exit, was a recurring theme of cross-examine those of the House firmatively declined to seek additional this trial. ‘‘We have a perfectly good judge Democrats. Certain testimonies from evidence last fall, such as subpoenaing here,’’ SCHIFF said over and over again, these secret hearings were then selec- Ambassador John Bolton, because of ‘‘whom you all trust and have con- tively leaked to a pro-impeachment Speaker PELOSI’s artificial deadline to fidence in.’’ Let him quickly decide all press. This happened in America. In my impeach the President by Christmas. the weighty legal and constitutional view, it sounds like something more A vote by the Senate to pursue addi- issues before the Senate, the relevance tional evidence that the House con- worthy of the Soviet Union, not the of witnesses, claims of immunity and sciously chose not to obtain would world’s greatest constitutional repub- executive privilege, what House Man- lic. incentivize less thorough and more fre- ager NADLER described on day 1 of the Yet here we are. A new precedent has quent partisan impeachments in the fu- trial as ‘‘executive privilege, and other been set in the House. When asked sev- ture, a danger that should concern us nonsense.’’ eral times if these precedents and the all. Moreover, the Chief Justice could do Another example of the House’s at- partisan nature of this impeachment this all within a week, SCHIFF told us. should concern us, the House managers tempt to erode long-standing constitu- It all seemed so simple, rational, and dodged the questions, and my Senate tional norms is found in its second Ar- efficient. But our Constitution doesn’t colleagues, who in 1999 were so strong- ticle of Impeachment, obstruction of work this way. The Chief Justice, in an ly and correctly and vocally against Congress. This article claims that the impeachment of the President, sits as the dangers of purely partisan im- President committed an impeachable the Presiding Officer over the Senate, peachments, have all gone silent. offence by resisting House subpoenas not as an article III judge. And while Perhaps it is too late. Perhaps the for witnesses and documents, even the Senate can delegate certain trial genie is now out of the bottle. Perhaps though the House didn’t attempt to ne- powers to him, it cannot delegate mat- the danger that Hamilton so astutely gotiate, accommodate, or litigate the ters, such as a President’s claims of ex- predicted 232 years ago is upon us for President’s asserted defenses, such as ecutive privilege, over which the Sen- good. I hope not. No one thinks that executive privilege and immunity, to ate itself does not have constitutional partisan impeachments every few years provide such evidence. authority. would be good for our great Nation. These defenses have been utilized by The quick and efficient fix SCHIFF The Senate does not have to validate administrations, Democrat and Repub- was tempting the Senate with might this House precedent, and a Senate fo- lican, for decades and go to the heart of have ended up as a form of constitu- cused on ‘‘deep responsibility to future the separation of powers within the ar- tional demolition. And as the trial pro- times’’ shouldn’t do so. ticle I and article II branches of the ceeded, it became apparent that it was In addition to unleashing the danger Federal Government and even impli- more than just claims of efficiency be- of purely partisan impeachments, the cate a defendant’s right to vigorously hind the invitation to draw the Chief House’s impeachment action and their defend oneself in court. Indeed, the Su- Justice fully into the trial. arguments before the Senate, if rati- preme Court acknowledged in United There was something else afoot, a fied, have the potential to undermine States v. Nixon that the President has subtle and not so subtle attempt by other critical constitutional norms, the right to assert executive privilege. some to attack the credibility and such as the separation of powers and Nevertheless, the House managers ar- independence of the Chief Justice and the independence of our judiciary. gued that the mere assertion of these the Court he leads. The junior Senator These traditions exist to implement constitutional rights is an impeachable from Massachusetts’ question for the the will of the people we represent and offense, in essence claiming the unilat- House managers, which drew an audi- to protect their liberty. And yet so eral power to define the limits and ble gasp from those watching in the much of what has already been done in scope of executive privilege, while si- Senate after the Chief Justice read it, the House and what has now been ar- multaneously usurping that power made this clear, when she asked about gued in the Senate has little or no from the courts, where it has existed ‘‘the loss of legitimacy of the Chief precedent in U.S. history, thereby for centuries. Justice, the Supreme Court, and the threatening many of the constitutional Indeed, the House managers even ar- Constitution,’’ so too did Minority safeguards that have served our coun- gued that merely asserting these de- Leader SCHUMER’s parliamentary in- try so well for over two centuries. fenses is evidence of guilt itself. This is quiry about the precedent from the im- Take, for example, the debate we re- a dangerous argument that dem- peachment of President Johnson 150 cently had on whether to have the Sen- onstrates a lack of understanding of years ago, on the role of the Chief Jus- ate seek additional evidence for this basic constitutional norms. As U.S. Su- tice in breaking ties on 50–50 votes in

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.045 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S934 CONGRESSIONAL RECORD — SENATE February 5, 2020 the Senate during Presidential im- I believe all Presidents have the right but there was something about the way peachments. Chief Justice Roberts’ co- to investigate interference in U.S. elec- he said it, something in his eyes that gent, historically accurate, and con- tions and credible claims of corruption truly got my attention. I realized that stitutionally, based answer to this in- and conflicts of interest, particularly something was fear. That man, a brave quiry will set an important precedent in countries where America sends sig- Alaskan who had served in the military on this impeachment issue for genera- nificant amounts of foreign aid, like to protect our constitutional freedoms, tions to come. Ukraine, and where corruption is en- was afraid that the country he knows Perhaps it is all a coincidence, but as demic, like Ukraine. and he loves was at risk. And I have to these attempts to diminish the Chief Were the President’s actions perfect? admit that I have had similar fears Justice’s credibility by more fully No. For example, despite having the these past weeks. dragging him into this impeachment authority to investigate corruption in But I look around me, on this floor, trial were ongoing, much more harsh Ukraine and with Burisma, I believe he and I continue to see hope for our Na- political ads directly attacking him in should have requested such an inves- tion. this regard were being launched across tigation through more official and ro- I see my colleagues on the other side the country. Members of the Senate bust channels, such as pursuing co- of the aisle—my friends—who are will- noticed, and we were not impressed. operation through the U.S. Mutual ing to work with me on so many issues The independence of the Federal judi- Legal Assistance Treaty with Ukraine, to find solutions sorely needed for the ciary as established in our Constitu- with the Department of Justice in the country. tion is a gift to our Nation that has lead. I also believe that the role of Mr. And back home, I see my fellow Alas- taken centuries to develop. The over- Giuliani has caused confusion and may kans, some of them fearful, but also so reach of the House managers and cer- have undermined the Trump adminis- hungry to do their part to help heal the tain Democratic Senators seeking to tration’s broader foreign policy goals divides. undermine this essential constitutional with regard to Ukraine. We should end this chapter, and we norm was a disappointing and even But none of this even remotely rises should take our cues from them, the dangerous aspect of this impeachment to the level of an offense that merits people whose spirit and character trial. removing the President from office. It guides this great Nation. They want us When historians someday write about is difficult to imagine a situation re- to protect our Constitution. They need this divisive period of American his- quiring a higher burden of proof. The us to work together to do that and ad- tory, they would do well to focus on radical and dangerous step that the dress America’s challenges. these subtle and not so subtle attacks House Democrats are proposing seems It’s time to get back to the work on the Chief Justice’s credibility—and to have been lost in all of the noise. Alaskans want the Congress to focus by extension the credibility of the Su- What they are asking the Senate to on: growing our economy, improving preme Court—for it was clearly one of do is not just overturn the results of our infrastructure, rebuilding our mili- the important reasons why the Senate the 2016 election—nullifying the votes tary, cleaning up our oceans, lowering voted last week, 51 to 49, to no longer of millions of Americans—but to re- healthcare costs and drug prices, open- prolong the trial phase of this impeach- move the President from the 2020 bal- ing markets for our fishermen, and ment. lot, even as primary voting has begun taking care of our most vulnerable in The impeachment articles do not across the country. society like survivors of sexual assault charge the President with a crime. Al- Such a step, if ever realized, would do and domestic violence and those strug- though there was much debate in the infinitely more damage to the legit- gling with addiction. trial on whether this is required, it is imacy of our constitutional republic That is what I am committed to do. undisputed that in all previous presi- and political system than any mistake Ms. CORTEZ MASTO. Mr. President, dential impeachments—Johnson, or error of judgment President Trump the decision I make today is not an Nixon, and Clinton—the President was may have made. easy one, nor should it be. charged with having violated a crimi- An impeachment trial is supposed to I have approached this serious task nal statute. And there was little dis- be the last resort to protect the Amer- with an open and impartial mind, as pute that these charges were accurate. ican people against the highest crimes my trial oath required. I have studied Lowering the bar to non-criminal of- that undermine and threaten the foun- the facts and the evidence of the case fenses has set a new precedent. How- dations of our Republic, not to get rid before me. ever, whether a crime is required is of a President because a faction of one I have been an attorney for over two still debatable. Instead, the House im- political party disagrees with the way decades, and I was the attorney general peachment charged the President with he governs. That is what elections are of Nevada for 8 years. And I keep com- an abuse of power based on speculative for. ing back to what I learned in the court- interpretation of his intent. I trust the Alaskan and American room. The law is a technical field, but So what about the President’s ac- people, not House Democrats, with the it is also based on common sense. tions that were the primary focus of monumental decision of choosing who You don’t have to study the law for this impeachment trial and the basis of should lead our Nation. years to know that stealing and cheat- the House’s first Article of Impeach- And soon, they will decide, again, ing are wrong. It is one of the first ment claim that he abused his power? who should lead our Nation. In church- things we learn in our formative years. The House managers argued that the es, libraries, and school cafeterias, the And you don’t have to be a law school President abused his power by taking people all across the country will vote professor to realize that a President actions that on their face appeared for who they want to represent them. should not be using the job the Amer- valid—withholding aid to a foreign And I am convinced that the Amer- ican people gave him to benefit himself country and investigating corruption— ican people will make their choices personally. but were motivated by ‘‘corrupt in- wisely. Abraham Lincoln reminded us that tent.’’ Let me conclude by saying a few our Nation was founded on the essen- One significant problem with this ar- words about where we should go from tial idea of government ‘‘of the people, gument is that it is vague and hinges here. by the people, for the people.’’ on deciphering the President’s intent Right before this impeachment trial As I sat on the Senate floor thinking and motives, a difficult feat because it began, I was at an event in Wasilla, about President Lincoln and listening is subjective and could be—and was in- AK, where many of Alaska’s military to the arguments in President Trump’s deed in this case—defined by a partisan veterans attended. A proud veteran ap- impeachment trial, I thought of the House. Further, the House managers proached me with a simple but fervent awesome responsibility our Founding argue essentially that there could be request. ‘‘Senator SULLIVAN,’’ he said, Fathers entrusted to each Senator. no legitimate national interest in pur- ‘‘Protect our Constitution.’’ I also thought about all of the Nevad- suing investigations into interference So many of us, including me, have ans I represent—those who voted for of the U.S. 2016 elections by Ukraine heard similar pleas over the past few President Trump and those who did and corruption involving Burisma. months from the people we represent, not. For those who did, I put myself in

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.045 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S935 their shoes and considered how I would We also know through testimony pro- The Framers themselves actually ar- respond if the President were from my vided during the House investigation gued about whether Americans could political party. that President Trump tried to pressure rely on elections to get rid of bad presi- The removal of a sitting President Ukraine to announce those investiga- dents. They decided that if they didn’t through impeachment is an extraor- tions, first by conditioning a visit by put the impeachment power into the dinary remedy. It rarely occurs, and no President Zelensky to the White House Constitution, a corrupt President Senator should rush into it. on them and later by denying $391 mil- would be willing to do anything to get Yet impeachment is a key part of our lion in security assistance to Ukraine. himself reelected. constitutional order. When our Found- Some of my colleagues don’t dispute James Madison said that without im- ing Fathers designed the Office of the these facts. peachment, a corrupt President ‘‘might Presidency, the Framers of the Con- President Trump’s actions interfere be fatal to the Republic.’’ stitution had just gotten rid of a King, with the fundamental tenets of our And through my oath of office as a and they didn’t want another one. Constitution. Citizens do not get to Senator, I swore to protect not just Ne- They were afraid that the President govern themselves if the officials who vadans but also our great Republic. might use his extensive powers for his get elected seek their own benefit to Our country, unfortunately, has own benefit. the detriment of the public good. never been more divided along party To prevent this, the Framers pro- The Framers knew this. They were lines. It played out in the House im- vided for impeachment by the House very aware that officials could leverage peachment investigation and in the and trial by the Senate for ‘‘treason, their office to benefit themselves. Senate trial. The Senate rules for the bribery, or other high crimes and mis- In Federalist No. 65, Alexander Ham- trial were not written by all of the demeanors.’’ ilton explained why we had the im- Senators with bipartisan input. In- They didn’t have to do things this peachment power in the first place: it stead, they were written behind closed way. They could have left it up to the was to respond to ‘‘those offenses doors by one man in coordination with which proceed from the misconduct of courts to hold the trial of a President the President. In so doing, the Senate public men, or in other words, from the accused of wrongdoing. has abdicated its powerful check on the abuse or violation of some public But they wanted to make sure each executive branch. trust.’’ branch of government could be a check Without this important check, I am With the undisputed facts con- on the other, which would bring bal- concerned about what the President demning the president, I listened to the ance to our system of government. will do next to put our Republic in And the Framers were specifically President’s counsel argue that the Ar- ticles of Impeachment were defective jeopardy. concerned with the idea of an all-pow- We have seen that President Trump because abuse of power and obstruction erful Executive who might abuse his is willing to violate our Constitution in power and invite foreign interference of Congress are not crimes. However, many constitutional schol- order to get himself reelected. He has in our elections. disrespected norms and worked to di- This concern is reflected in the Arti- ars soundly refuted this argument, and vide our country for his own political cles of Impeachment laid out by the precedent supports them. The Impeach- gain. He has undermined our standing House managers. ment Articles in President Nixon’s case Putting aside the biases I heard com- included abuse of power and obstruc- in the world and put awesome pressure ing from both political parties, I fo- tion of Congress. on foreign leaders to benefit himself, cused on getting to the truth of the During this impeachment investiga- rather than to advance the interests of case—like any trial attorney. tion, the President blocked all mem- our country. The truth in any case that I have bers of his administration from testi- I have also learned from this trial been involved with starts with the fying in response to congressional com- that the President is willing to take facts. mittee requests and withheld all docu- any action, including cheating in the For 2 weeks I listened to the arguments. next election, to serve his personal in- ments presented by both sides, took This action is absolutely unprece- terest. notes, posed questions, and identified dented in American history. Even No act in our country is more sacred the facts that were supported and sub- Presidents Nixon and Clinton allowed and solemn for democracy than voting, stantiated and those that were not. staff to testify to Congress during im- and nothing in our system of govern- With a heavy heart and great sad- peachment investigations and provided ment is more vital to the continued ness, I became convinced by the evi- some documents. health of our democracy than its elec- dence that President Trump inten- The executive branch has no blanket tions. No American should stand for tionally withheld security assistance claim to secrecy. It works for the foreign election interference, much less and a coveted White House meeting to American people, as do Members of invite it. pressure Ukraine into helping him po- Congress. American elections are for Ameri- litically, even though Ukraine was de- In the Senate, the President’s coun- cans. fending itself from Russia. sel argued that the House investigators That is why I cannot condone this This wasn’t an action ‘‘of the people, should have fought this wholesale ob- President’s actions by acquitting him. by the people, for the people.’’ struction in court. Yet at the same Finding the President guilty of abuse President Trump used the immense time, in a court down the street, other of power and obstruction of Congress power of the U.S. Government not for administration lawyers contended that marks a sad day for our country and the people but, rather, for himself. the courts should stay out of disputes not something I do with a light heart. We know these facts from President between Congress and the President. But I was sent to Congress not just to Trump’s own words in a phone call to The President’s counsel also argued fight for all Nevadans but also to fight Ukrainian President Zelensky in July that the American people should decide for our children and their future. To and in statements to the press in Octo- in the next election whether to remove leave them with a country that still ber. President Trump for his actions. But if believes in right and wrong, that ex- We also know it through the testi- this were the standard, then the imposes corruption in government and mony of 17 American officials—many peachment clause could only ever be holds it accountable, that stands up to of them appointed by the President utilized in the second term of a Presi- tyranny at home and abroad. himself. dency, when no upcoming election In my view, President Trump has Those officials indicated that over would preserve the country. fallen far, far short of those lofty ideals the spring and summer of 2019, through Most importantly, isn’t the impeach- and of the demands of our Constitu- both his personal lawyer, Rudy ment clause pointless if a president can tion. Giuliani, and through American dip- abuse his power in office and then com- That requires the rest of us, regard- lomats, President Trump asked pletely refuse to comply with a House less of party, creed, or ethnicity, to Ukraine to publicly announce inves- impeachment investigation and a Sen- work together all the more urgently to tigations that would influence the 2020 ate trial in order to delay until the defend our democracy, our elections, elections in his favor. next election? and our national security.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.046 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S936 CONGRESSIONAL RECORD — SENATE February 5, 2020 I have faith in Americans because I the Nation from future threats. The ate stand in recess subject to the call have seen time and time again in Ne- President’s conduct here sets a dan- of the Chair. vada our ability to come together and gerous precedent that must not be re- The PRESIDING OFFICER. Without work with one another for our common peated in the future and requires a firm objection, the Senate stands in recess good. response by the representatives of the subject to the call of the Chair. America is more than just one per- people. After hearing evidence that the Thereupon, the Senate, at 4:00 p.m., son, and like President Lincoln’s, my President heldup congressionally ap- recessed subject to the call of the Chair faith will always lie with the people. proved military assistance to an ally and reassembled at 4:04 p.m., when Ms. ROSEN. Mr. President, I didn’t fighting Russia in order to exact con- called to order by the Chief Justice. come to the Senate expecting to sit as cessions from Ukraine that benefited f a juror in an impeachment trial. I have him personally, we cannot trust the TRIAL OF DONALD J. TRUMP, participated in this trial with an open President to place national security PRESIDENT OF THE UNITED mind, determined to evaluate the over his own interests. It is therefore STATES President’s actions outside of any par- with sadness that I conclude that the tisan lens, and with a focus on my con- President must be removed from office The CHIEF JUSTICE. The Senate stitutional obligations. I listened to under article I and I will vote to con- will convene as a Court of Impeach- the arguments, took detailed notes, vict him of abuse of power. ment. asked questions, and heard both sides With respect to the second Article of THE JOURNAL answer questions from my colleagues. Impeachment charging obstruction of The CHIEF JUSTICE. If there is no After thorough consideration, based on Congress, the President’s behavior sug- objection, the Journal of proceedings of the evidence presented, sadly, I find I gests that he believes he is above the the trial is approved to date. have no choice but to vote to remove law. Certainly, there may be docu- The Deputy Sergeant at Arms, Jen- the President from office. ments and testimony that are subject nifer Hemingway, will make the proc- The first Article of Impeachment to executive privilege or are confiden- lamation. charges the President with abuse of tial for some other reason. But here, The Deputy Sergeant at Arms, Jen- power, specifically alleging that the the President directed every agency, nifer Hemingway, made proclamation President used the powers of his public office, and employee in the executive as follows: office to obtain an improper political branch not to cooperate with the im- Hear ye! Hear ye! Hear ye! All persons are benefit. I can now conclude the evi- peachment inquiry conducted by the commanded to keep silent, on pain of imprisonment, while the Senate of the United dence shows that this is exactly what U.S. House of Representatives. As a Member of Congress, I take my over- States is sitting for the trial of the articles the President did when he withheld of impeachment exhibited by the House of critically important security assist- sight role seriously. It is how we en- Representatives against Donald John Trump, ance from Ukraine in order to persuade sure transparency in government, so President of the United States. the Ukrainian Government to inves- the people of Nevada can know how As a reminder to everyone in the Chamber, tigate his political rival. I understand their tax dollars are spent and whether as well as those in the Galleries, demonstra- their elected officials are acting le- tions of approval or disapproval are prohib- that foreign policy involves negotia- ited. tions, leveraging advantages, and using gally, ethically, and in their best inter- The CHIEF JUSTICE. The majority all the powers at our disposal to ad- ests. The President’s refusal to nego- leader is recognized. vance U.S. national security goals. But tiate in good faith with the House in- Mr. MCCONNELL. Mr. Chief Justice, this was different. The President sent vestigators over documents and testimony and instead to impede any inves- the Senate is now ready to vote on the his personal attorney, whose obligation Articles of Impeachment, and after is to protect the personal interests of tigation into his official conduct can only be characterized as blatant ob- that is done, we will adjourn the Court the President, not the United States, of Impeachment. to meet and negotiate with foreign struction. More importantly, it suggests that ARTICLE I government officials from Ukraine to he will continue to operate outside the The CHIEF JUSTICE. The clerk will get damaging information about the law, and if he believes he can ignore now read the first Article of Impeach- President’s rivals, culminating in the lawful subpoenas from Congress, it will ment. July 25 phone call between the U.S. and be impossible to hold him accountable. The senior assistant legislative clerk Ukrainian Presidents, during which the For these reasons, I will vote to con- read as follows: President made clear his intent to vict the President of obstruction of ARTICLE I: ABUSE OF POWER withhold aid until a political favor was Congress, as delineated in article II. The Constitution provides that the House completed. In doing so, the President Impeachment is a grave constitu- of Representatives ‘‘shall have the sole put U.S. national security and a key tional remedy, not a partisan exercise. Power of Impeachment’’ and that the Presi- alliance against Russian aggression at To fulfill my constitutional role as a dent ‘‘shall be removed from Office on Im- risk, all so he could benefit politically juror, I asked myself how I would view peachment for, and Conviction of, Treason, Bribery, or other high Crimes and Mis- from the potential fallout from an in- the evidence if it were any President vestigation into a possible opponent. demeanors’’. In his conduct of the office of accused of this conduct. Based on the President of the United States—and in viola- While I would like to hear more from facts and arguments presented, I con- witnesses and see the documents the tion of his constitutional oath faithfully to clude that no President of the United execute the office of President of the United administration is withholding, the evi- States, regardless of party, can trade States and, to the best of his ability, pre- dence presented is compelling and not congressionally approved and legally serve, protect, and defend the Constitution in doubt. The President withheld mili- mandated military assistance for per- of the United States, and in violation of his tary aid in order to coerce an ally to sonal political favors. No one is above constitutional duty to take care that the help him politically. This is no mere the law, not this President or the next laws be faithfully executed—Donald J. Trump has abused the powers of the Presi- policy disagreement; this is about President. Having exercised my con- whether the President negotiates with dency, in that: stitutional duty, I will continue what I Using the powers of his high office, Presi- foreign governments on behalf of the have been doing over the course of this dent Trump solicited the interference of a United States; or on his own behalf. No trial and have done since I first came foreign government, Ukraine, in the 2020 elected official, regardless of party, to Congress, to look past partisanship United States Presidential election. He did should use public office to advance his and develop commonsense, bipartisan so through a scheme or course of conduct or her personal interests, particularly solutions that help hard-working fami- that included soliciting the Government of to the detriment of U.S. national secu- lies in Nevada and across the country. Ukraine to publicly announce investigations that would benefit his reelection, harm the rity, and in the case of the President of f the United States, such conduct is par- election prospects of a political opponent, and influence the 2020 United States Presi- ticularly dangerous. As elected offi- RECESS SUBJECT TO THE CALL OF THE CHAIR dential election to his advantage. President cials, we have no more important re- Trump also sought to pressure the Govern- sponsibility than ensuring our national Mr. MCCONNELL. Mr. President, I ment of Ukraine to take these steps by con- security, and that includes protecting ask unanimous consent that the Sen- ditioning official United States Government

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.046 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S937 acts of significant value to Ukraine on its Is the respondent, Donald John Trump, dent Trump’s corrupt solicitation of the public announcement of the investigations. guilty or not guilty? Government of Ukraine to interfere in the President Trump engaged in this scheme or A rollcall vote is required. 2020 United States Presidential election. As course of conduct for corrupt purposes in The clerk will call the roll. part of this impeachment inquiry, the Com- pursuit of personal political benefit. In so mittees undertaking the investigation doing, President Trump used the powers of The legislative clerk called the roll. served subpoenas seeking documents and tes- the Presidency in a manner that com- The result was announced—guilty 48, timony deemed vital to the inquiry from var- promised the national security of the United not guilty 52, as follows: ious Executive Branch agencies and offices, States and undermined the integrity of the [Rollcall Vote No. 33] and current and former officials. United States democratic process. He thus GUILTY—48 In response, without lawful cause or ex- ignored and injured the interests of the Na- cuse, President Trump directed Executive Baldwin Hassan Romney tion. Branch agencies, offices, and officials not to President Trump engaged in this scheme or Bennet Heinrich Rosen comply with those subpoenas. President course of conduct through the following Blumenthal Hirono Sanders Trump thus interposed the powers of the means: Booker Jones Schatz Brown Kaine Schumer Presidency against the lawful subpoenas of (1) President Trump—acting both directly Cantwell King Shaheen the House of Representatives, and assumed and through his agents within and outside Cardin Klobuchar Sinema to himself functions and judgments nec- the United States Government—corruptly Carper Leahy Smith essary to the exercise of the ‘‘sole Power of solicited the Government of Ukraine to pub- Casey Manchin Stabenow Impeachment’’ vested by the Constitution in licly announce investigations into— Coons Markey Tester the House of Representatives. (A) a political opponent, former Vice Presi- Cortez Masto Menendez Udall dent Joseph R. Biden, Jr.; and Duckworth Merkley Van Hollen President Trump abused the powers of his Durbin Murphy Warner high office through the following means: (B) a discredited theory promoted by Rus- Feinstein Murray Warren sia alleging that Ukraine—rather than Rus- (1) Directing the White House to defy a Gillibrand Peters Whitehouse lawful subpoena by withholding the produc- sia—interfered in the 2016 United States Harris Reed Wyden Presidential election. tion of documents sought therein by the NOT GUILTY—52 (2) With the same corrupt motives, Presi- Committees. dent Trump—acting both directly and Alexander Fischer Perdue (2) Directing other Executive Branch agen- through his agents within and outside the Barrasso Gardner Portman cies and offices to defy lawful subpoenas and United States Government—conditioned two Blackburn Graham Risch withhold the production of documents and Blunt Grassley official acts on the public announcements Roberts records from the Committees—in response to Boozman Hawley Rounds that he had requested— which the Department of State, Office of Braun Hoeven Rubio Management and Budget, Department of En- (A) the release of $391 million of United Burr Hyde-Smith Sasse ergy, and Department of Defense refused to States taxpayer funds that Congress had ap- Capito Inhofe Scott (FL) Cassidy Johnson produce a single document or record. propriated on a bipartisan basis for the pur- Scott (SC) Collins Kennedy (3) Directing current and former Executive pose of providing vital military and security Shelby Cornyn Lankford Branch officials not to cooperate with the assistance to Ukraine to oppose Russian ag- Sullivan Cotton Lee Committees—in response to which nine Ad- gression and which President Trump had or- Cramer Loeffler Thune dered suspended; and Tillis ministration officials defied subpoenas for Crapo McConnell testimony, namely John Michael ‘‘Mick’’ (B) a head of state meeting at the White Cruz McSally Toomey House, which the President of Ukraine Daines Moran Wicker Mulvaney, Robert B. Blair, John A. sought to demonstrate continued United Enzi Murkowski Young Eisenberg, Michael Ellis, Preston Wells Grif- States support for the Government of Ernst Paul fith, Russell T. Vought, Michael Duffey, Ukraine in the face of Russian aggression. The CHIEF JUSTICE. On this Article Brian McCormack, and T. Ulrich Brechbuhl. These actions were consistent with Presi- (3) Faced with the public revelation of his of Impeachment, 48 Senators have pro- actions, President Trump ultimately re- dent Trump’s previous efforts to undermine nounced Donald John Trump, Presi- United States Government investigations leased the military and security assistance dent of the United States, guilty as to the Government of Ukraine, but has per- into foreign interference in United States sisted in openly and corruptly urging and so- charged; 52 Senators have pronounced elections. liciting Ukraine to undertake investigations him not guilty as charged. Through these actions, President Trump for his personal political benefit. Two-thirds of the Senators present sought to arrogate to himself the right to de- These actions were consistent with Presi- not having pronounced him guilty, the termine the propriety, scope, and nature of dent Trump’s previous invitations of foreign Senate adjudges that the Respondent, an impeachment inquiry into his own con- interference in United States elections. Donald John Trump, President of the duct, as well as the unilateral prerogative to In all of this, President Trump abused the deny any and all information to the House of powers of the Presidency by ignoring and in- United States, is not guilty as charged Representatives in the exercise of its ‘‘sole juring national security and other vital na- on the first Article of Impeachment. Power of Impeachment’’. In the history of tional interests to obtain an improper per- ARTICLE II the Republic, no President has ever ordered sonal political benefit. He has also betrayed The clerk will read the second Arti- the complete defiance of an impeachment in- the Nation by abusing his high office to en- cle of Impeachment. quiry or sought to obstruct and impede so list a foreign power in corrupting democratic The legislative clerk read as follows: comprehensively the ability of the House of elections. Representatives to investigate ‘‘high Crimes Wherefore President Trump, by such con- ARTICLE II: OBSTRUCTION OF CONGRESS and Misdemeanors’’. This abuse of office duct, has demonstrated that he will remain a The Constitution provides that the House served to cover up the President’s own re- threat to national security and the Constitu- of Representatives ‘‘shall have the sole peated misconduct and to seize and control tion if allowed to remain in office, and has Power of Impeachment’’ and that the Presi- the power of impeachment—and thus to nul- acted in a manner grossly incompatible with dent ‘‘shall be removed from Office on Im- lify a vital constitutional safeguard vested self-governance and the rule of law. Presi- peachment for, and Conviction of, Treason, solely in the House of Representatives. dent Trump thus warrants impeachment and Bribery, or other high Crimes and Mis- In all of this, President Trump has acted in trial, removal from office, and disqualifica- demeanors’’. In his conduct of the office of a manner contrary to his trust as President tion to hold and enjoy any office of honor, President of the United States—and in viola- trust, or profit under the United States. and subversive of constitutional government, tion of his constitutional oath faithfully to to the great prejudice of the cause of law and VOTE ON ARTICLE I execute the office of President of the United justice, and to the manifest injury of the The CHIEF JUSTICE. Each Senator, States and, to the best of his ability, pre- people of the United States. when his or her name is called, will serve, protect, and defend the Constitution Wherefore, President Trump, by such con- stand at his or her place and vote of the United States, and in violation of his duct, has demonstrated that he will remain a guilty or not guilty, as required by rule constitutional duty to take care that the threat to the Constitution if allowed to re- XXIII of the Senate Rules on Impeach- laws be faithfully executed—Donald J. main in office, and has acted in a manner ment. Trump has directed the unprecedented, cat- grossly incompatible with self-governance Article I, section 3, clause 6 of the egorical, and indiscriminate defiance of sub- and the rule of law. President Trump thus Constitution regarding the vote re- poenas issued by the House of Representa- warrants impeachment and trial, removal tives pursuant to its ‘‘sole Power of Im- from office, and disqualification to hold and quired for conviction on impeachment peachment’’. President Trump has abused provides that no person shall be con- enjoy any office of honor, trust, or profit the powers of the Presidency in a manner of- under the United States. victed without the concurrence of two- fensive to, and subversive of, the Constitu- VOTE ON ARTICLE II thirds of the Members present. tion, in that: The question is on the first Article of The House of Representatives has engaged The CHIEF JUSTICE. The question is Impeachment. Senators, how say you? in an impeachment inquiry focused on Presi- on the second Article of Impeachment.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.030 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S938 CONGRESSIONAL RECORD — SENATE February 5, 2020 Senators, how say you? Is the respond- the Senate in the case of Donald John itol Police do an outstanding job, day ent, Donald John Trump, guilty or not Trump, and transmit a certified copy of the in and day out, to protect the Members guilty? judgment to each. of this Chamber, their staffs, the press, The clerk will call the roll. The CHIEF JUSTICE. Without objec- and everyone who works in and visits The senior assistant legislative clerk tion, the order will be entered. this Capitol. called the roll. The majority leader is recognized. They were asked to work extra shifts The result was announced—guilty 47, EXPRESSION OF GRATITUDE TO THE CHIEF and in greater numbers provide addi- not guilty 53, as follows: JUSTICE OF THE UNITED STATES tional security over the past 3 weeks. [Rollcall Vote No. 34] Mr. MCCONNELL. Mr. Chief Justice, Thank you to every one of them. GUILTY—47 before this process fully concludes, I I, too, would like to thank those Baldwin Hassan Rosen want to very quickly acknowledge a wonderful pages. I so much enjoyed you Bennet Heinrich Sanders few of the people who helped the Sen- with your serious faces walking down Blumenthal Hirono Schatz ate fulfill our duty these past weeks. right here and giving the Chief Justice Booker Jones Schumer First and foremost, I know my col- our questions. As the leader noted, the Brown Kaine Shaheen leagues join me in thanking Chief Jus- new class of pages started midway in Cantwell King Sinema Cardin Klobuchar Smith tice Roberts for presiding over the Sen- this impeachment trial. When you take Carper Leahy Stabenow ate trial with a clear head, steady a new job, you are usually given a few Casey Manchin Tester Coons Markey hand, and the forbearance that this days to take stock of things and get up Udall Cortez Masto Menendez rare occasion demands. to speed. Van Hollen Duckworth Merkley This class was given no such leeway, Warner (Applause.) Durbin Murphy We know full well that his presence but they stepped right in and didn’t Feinstein Murray Warren Gillibrand Peters Whitehouse as our Presiding Officer came in addi- miss a beat. Carrying hundreds of ques- Harris Reed Wyden tion to, not instead of, his day job tions from U.S. Senators to the Chief NOT GUILTY—53 across the street, so the Senate thanks Justice on national television is not the Chief Justice and his staff who how most of us spend our first week at Alexander Fischer Perdue Barrasso Gardner Portman helped him perform this unique role. work, but they did it with aplomb. Blackburn Graham Risch Like his predecessor, Chief Justice I would also like to extend my per- Blunt Grassley Roberts Rehnquist, the Senate will be awarding sonal thank you to David Hauck, Di- Boozman Hawley Romney Braun Hoeven Chief Justice Roberts the golden gavel rector of the Office of Accessibility Rounds Services; Tyler Pumphrey, supervisor; Burr Hyde-Smith Rubio to commemorate his time presiding Capito Inhofe Sasse over this body. We typically award this and Grace Ridgeway, wonderful Direc- Cassidy Johnson Scott (FL) to new Senators after about 100 hours tor of Capitol Facilities. Collins Kennedy Scott (SC) Cornyn Lankford in the chair, but I think we can agree Everyone on Grace’s team worked so Shelby Cotton Lee that the Chief Justice has put in his hard to make sure we were ready for Cramer Loeffler Sullivan impeachment: Gary Richardson, known Thune due and then some. Crapo McConnell affectionately to us as ‘‘Tiny,’’ the Cruz McSally Tillis The page is delivering the gavel. Daines Moran Toomey The CHIEF JUSTICE. Thank you chief Chamber attendant; Jim Hoover Enzi Murkowski Wicker very much. and the cabinet shop who built new Ernst Paul Young Mr. MCCONNELL. Of course, there cabinets to deprive us of the use of our The CHIEF JUSTICE. On this Article are countless Senate professionals electronics and flip phones during the of Impeachment, 47 Senators have pro- whose efforts were essential, and I will trial; Brenda Byrd and her team who nounced Donald John Trump, Presi- have more thorough facts to offer next did a spectacular job of keeping the dent of the United States, guilty as week to all of those teams, from the Capitol clean; and Lynden Webb and charged; 53 Senators have pronounced Secretary of the Senate’s office, to the his team, who moved the furniture, and him not guilty as charged; two-thirds Parliamentarian, to the Sergeant at then moved it again and again and of the Senators present not having pro- Arms team, and beyond. again. nounced him guilty, the Senate ad- But there are two more groups I Grace, we appreciate all your hard judges that respondent, Donald John would like to single out now. First, the work. Please convey our sincerest Trump, President of the United States, two different classes of Senate pages thanks to your staff. Thank you all, is not guilty as charged in the second who participated in this trial, their the whole staff, for your diligent work Article of Impeachment. footwork and cool under pressure lit- through many long days and late The Presiding Officer directs judg- erally kept the floor running. Our cur- nights during this very trying time in ment to be entered in accordance with rent class came on board right in the our Nation’s history. the judgment of the Senate as follows: middle of the third Presidential im- STATEMENT OF THE CHIEF JUSTICE OF THE The Senate, having tried Donald John peachment trial in American history UNITED STATES ON THE SENATE FLOOR Trump, President of the United States, upon and quickly found themselves hand-de- The CHIEF JUSTICE. At this time, two articles of impeachment exhibited livering 180 question cards from Sen- the Chair also wishes to make a very against him by the House of Representatives, ators’ desks to the dais. brief statement. and two-thirds of the Senators present not No pressure, right, guys? I would like to begin by thanking the having found him guilty of the charges con- So thank you all very much for your majority leader and the Democratic tained therein, it is, therefore, ordered and adjudged that the said Donald John Trump good work. leader for their support as I attempted be, and he is hereby, acquitted of the charges (Applause.) to carry out ill-defined responsibilities in said articles. Second, the fine men and women of in an unfamiliar setting. They ensured The Chair recognizes the majority the Capitol Police, we know that the that I had wise counsel of the Senate leader. safety of our democracy literally rests itself through its Secretary and her in their hands every single day, but the legislative staff. COMMUNICATION TO THE SECRETARY OF STATE I am especially grateful to the Par- AND TO THE HOUSE OF REPRESENTATIVES heightened measures surrounding the trial meant even more hours and even liamentarian and her deputy for their Mr. MCCONNELL. Mr. Chief Justice, unfailing patience and keen insight. I I send an order to the desk. more work and even more vigilance. The CHIEF JUSTICE. The clerk will Thank you all very much for your am likewise grateful to the Sergeant at report the order. service to this body and to the country. Arms and his staff for the assistance The legislative clerk read as follows: (Applause.) and many courtesies that they ex- The CHIEF JUSTICE. The Chair rec- tended during my period of required Ordered, that the Secretary be directed to ognizes the Democratic leader. communicate to the Secretary of State, as residency. Thank you all for making provided by Rule XXII of the Rules of Proce- Mr. SCHUMER. Mr. Chief Justice, I my presence here as comfortable as dure and Practice in the Senate when sitting join the Republican leader in thanking possible. on impeachment trials, and also to the the personnel who aided the Senate As I depart the Chamber, I do so with House of Representatives, the judgment of over the past several weeks. The Cap- an invitation to visit the Court. By

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.070 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S939 long tradition and in memory of the 135 CLOTURE MOTION The PRESIDING OFFICER. The years we sat in this building, we keep Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. the front row of the gallery in our send a cloture motion to the desk. The motion was agreed to. courtroom open for Members of Con- The PRESIDING OFFICER. The clo- f gress who might want to drop by to see ture motion having been presented an argument—or to escape one. under rule XXII, the Chair directs the EXECUTIVE SESSION I also depart with sincere good wish- clerk to read the motion. The senior assistant legislative clerk es as we carry out our common com- EXECUTIVE CALENDAR mitment to the Constitution through read as follows: the distinct roles assigned to us by CLOTURE MOTION Mr. MCCONNELL. Mr. President, I that charter. You have been generous We, the undersigned Senators, in accord- move to proceed to executive session to hosts, and I look forward to seeing you ance with the provisions of rule XXII of the consider Calendar No. 565. again under happier circumstances. Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The The Chair recognizes the majority move to bring to a close debate on the nomi- question is on agreeing to the motion. leader. nation of Andrew Lynn Brasher, of Alabama, The motion was agreed to. to be United States Circuit Judge for the f The PRESIDING OFFICER. The Eleventh Circuit. clerk will report the nomination. ADJOURNMENT SINE DIE OF THE Mitch McConnell, Cindy Hyde-Smith, The legislative clerk read the nomi- COURT OF IMPEACHMENT Thom Tillis, John Thune, Mike Crapo, Mike Rounds, Steve Daines, Kevin nation of Matthew Thomas Schelp, of Mr. MCCONNELL. Mr. Chief Justice, Cramer, Richard Burr, John Cornyn, Missouri, to be United States District I move that the Senate, sitting as a Shelley Moore Capito, Todd Young, Judge for the Eastern District of Mis- Court of Impeachment on the Articles John Boozman, David Perdue, James E. souri. against Donald John Trump adjourn Risch, Lindsey Graham, Roger F. CLOTURE MOTION Wicker. sine die. Mr. MCCONNELL. Mr. President, I The motion was agreed to, and at 4:41 f send a cloture motion to the desk. p.m., the Senate, sitting as a Court of LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- Impeachment, adjourned sine die. ture motion having been presented Mr. MCCONNELL. Mr. President, I f move to proceed to legislative session. under rule XXII, the Chair directs the LEGISLATIVE SESSION The PRESIDING OFFICER. The clerk to read the motion. question is on agreeing to the motion. The senior assistant legislative clerk The motion was agreed to. read as follows: ESCORTING OF THE CHIEF CLOTURE MOTION f JUSTICE We, the undersigned Senators, in accord- Whereupon, the Committee of Escort: EXECUTIVE SESSION ance with the provisions of rule XXII of the Mr. BLUNT of Missouri, Mr. LEAHY of Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- Vermont, Mr. GRAHAM of South Caro- EXECUTIVE CALENDAR nation of Matthew Thomas Schelp, of Mis- lina, and Mrs. FEINSTEIN of California, souri, to be United States District Judge for escorted the Chief Justice from the Mr. MCCONNELL. Mr. President, I move to proceed to executive session to the Eastern District of Missouri. Chamber. Mitch McConnell, Cindy Hyde-Smith, The PRESIDING OFFICER (Mrs. consider Calendar No. 563. Thom Tillis, John Thune, Mike Crapo, BLACKBURN). The Sergeant at Arms The PRESIDING OFFICER. The Mike Rounds, Steve Daines, Kevin will escort the House managers out of question is on agreeing to the motion. Cramer, Richard Burr, John Cornyn, the Senate Chamber. The motion was agreed to. Shelley Moore Capito, Todd Young, Whereupon, the Sergeant at Arms es- The PRESIDING OFFICER. The John Boozman, David Perdue, James E. clerk will report the nomination. Risch, Lindsey Graham, Roger F. corted the House managers from the Wicker. Chamber. The legislative clerk read the nomi- The PRESIDING OFFICER. The ma- nation of Joshua M. Kindred, of Alas- f jority leader. ka, to be United States District Judge LEGISLATIVE SESSION Mr. MCCONNELL. I suggest the ab- for the District of Alaska. Mr. MCCONNELL. Mr. President, I CLOTURE MOTION sence of a quorum. move to proceed to legislative session. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The The PRESIDING OFFICER. The send a cloture motion to the desk. clerk will call the roll. question is on agreeing to the motion. The senior assistant legislative clerk The PRESIDING OFFICER. The clo- The motion was agreed to. proceeded to call the roll. ture motion having been presented Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the f ask unanimous consent that the order clerk to read the motion. EXECUTIVE SESSION for the quorum call be rescinded. The senior assistant legislative clerk The PRESIDING OFFICER (Mr. read as follows: CRAMER). Without objection, it is so or- CLOTURE MOTION EXECUTIVE CALENDAR dered. We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I f ance with the provisions of rule XXII of the move to proceed to executive session to Standing Rules of the Senate, do hereby EXECUTIVE SESSION consider Calendar No. 461. move to bring to a close debate on the nomi- The PRESIDING OFFICER. The nation of Joshua M. Kindred, of Alaska, to be United States District Judge for the Dis- question is on agreeing to the motion. EXECUTIVE CALENDAR trict of Alaska. The motion was agreed to. Mr. MCCONNELL. Mr. President, I Mitch McConnell, Cindy Hyde-Smith, The PRESIDING OFFICER. The move to proceed to executive session to Thom Tillis, John Thune, Mike Crapo, clerk will report the nomination. consider Calendar No. 562. Mike Rounds, Steve Daines, Kevin The legislative clerk read the nomi- The PRESIDING OFFICER. The Cramer, Richard Burr, John Cornyn, nation of John Fitzgerald Kness, of Illi- Shelley Moore Capito, Todd Young, question is on agreeing to the motion. nois, to be United States District John Boozman, David Perdue, James E. Judge for the Northern District of Illi- The motion was agreed to. Risch, Lindsey Graham, Roger F. The PRESIDING OFFICER. The Wicker. nois. CLOTURE MOTION clerk will report the nomination. f The legislative clerk read the nomi- Mr. MCCONNELL. Mr. President, I nation of Andrew Lynn Brasher, of Ala- LEGISLATIVE SESSION send a cloture motion to the desk. bama, to be United States Circuit Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The clo- Judge for the Eleventh Circuit. move to proceed to legislative session. ture motion having been presented

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.072 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S940 CONGRESSIONAL RECORD — SENATE February 5, 2020 under rule XXII, the Chair directs the LEGISLATIVE SESSION Works Committee markup. In addition, clerk to read the motion. if I had been present for the floor vote The senior assistant legislative clerk on her nomination and the additional read as follows: MORNING BUSINESS votes outlined below, I would have CLOTURE MOTION Mr. MCCONNELL. Mr. President, I voted in the following way: yes on 2/7/ We, the undersigned Senators, in accord- ask unanimous consent that the Sen- 19 for vote No. 18, motion to table ance with the provisions of rule XXII of the ate resume legislative session and be in amendments to the Natural Resources Standing Rules of the Senate, do hereby a period of morning business, with Sen- Management Act, S. 47, PL 116–9. move to bring to a close debate on the nomi- ators permitted to speak for up to 10 Throughout my time in Congress, I nation of John Fitzgerald Kness, of Illinois, minutes each. have worked to address our Nation’s to be United States District Judge for the most pressing environmental issues Northern District of Illinois. The PRESIDING OFFICER. Without objection, it is so ordered. and have supported aggressive action Mitch McConnell, Mike Crapo, Thom to protect our environment, address Tillis, Mike Rounds, Lamar Alexander, f John Hoeven, Roger F. Wicker, Pat climate change, and reduce air and Roberts, John Thune, Cindy Hyde- TRIBUTE TO DONNA PASQUALINO water pollution. Although I was not present for the votes on the following Smith, John Boozman, Tom Cotton, Mr. GRASSLEY. Mr. President I Chuck Grassley, Kevin Cramer, Steve nominees and legislation on the floor, I would like to recognize a remarkable Daines, Todd Young, John Cornyn. did vote no on the nomination of Senate career that has drawn to a close Aurelia Skipwith to be Director of the f after nearly 30 years. Donna U.S. Fish and Wildlife Service during Pasqualino began her career with the her Senate Environment and Public LEGISLATIVE SESSION Office of the Legislative Counsel in Works Committee markup. In addition, May of 1990. Donna came to the office Mr. MCCONNELL. Mr. President, I if I had been present for the floor vote having spent several years at the Naval ask unanimous consent to move to leg- on her nomination and the additional Research Lab. Hired to serve as a staff islative session. votes outlined below, I would have assistant in the office Donna quickly The PRESIDING OFFICER. The voted in the following way: no on 2/7/19 mastered the job and became a valu- question is on agreeing to the motion. for vote No. 19, motion to table amend- able asset to the office attorneys as The motion was agreed to. ment to the Natural Resources Man- they worked to produce draft legisla- agement Act, S. 47, PL 116–9. f tion for the Senate. In 2001, Donna was Throughout my time in Congress, I promoted to office manager. She flour- have worked to address our Nation’s EXECUTIVE SESSION ished in that position, carrying out her most pressing environmental issues duties with the highest degree of pro- and have supported aggressive action fessionalism keeping the office running to protect our environment, address smoothly and efficiently for the last 20 EXECUTIVE CALENDAR climate change, and reduce air and years. water pollution. Although I was not Mr. MCCONNELL. Mr. President, I Donna is a people person. While present for the votes on the following move to proceed to executive session working for the office, she was fre- nominees and legislation on the floor, I for the consideration of Calendar No. quently seen in the halls of the Senate did vote no on the nomination of 535. office buildings, hustling to the Dis- Aurelia Skipwith to be Director of the The PRESIDING OFFICER. The bursing Office to drop off vouchers and U.S. Fish and Wildlife Service during question is on agreeing to the motion. other important papers for the office, her Senate Environment and Public The motion was agreed to. just doing her daily walk during her Works Committee markup. In addition, The PRESIDING OFFICER. The lunch break to get in some exercise. if I had been present for the floor vote clerk will report the nomination. Whether she was on official office busi- on her nomination and the additional The legislative clerk read the nomi- ness or just getting in some exercise, votes outlined below, I would have nation of Philip M. Halpern, of New Donna always had a smile on her face voted in the following way: no on 4/11/ York, to be United States District or a kind word for the many Senators 19 for vote No. 77, the confirmation of Judge for the Southern District of New and Senate staffers that she met along David Bernhardt to be Secretary of the York. the way. Interior. CLOTURE MOTION Donna is now moving on to a well- Throughout my time in Congress, I Mr. MCCONNELL. Mr. President, I earned retirement. She has relocated have worked to address our Nation’s send a cloture motion to the desk. to the Eastern Shore of Maryland with most pressing environmental issues The PRESIDING OFFICER. The clo- her husband Frank and plans to learn and have supported aggressive action ture motion having been presented to read music, to speak Italian, and to protect our environment, address under rule XXII, the Chair directs the spend more time with her four grand- climate change, and reduce air and clerk to read the motion. children. She departs with the immeas- water pollution. Although I was not The legislative clerk read as follows: urable thanks and gratitude of the present for the votes on the following CLOTURE MOTION staff of the Office of Legislative Coun- nominees and legislation on the floor, I We, the undersigned Senators, in accord- sel and the Senate and with our best did vote no on the nomination of ance with the provisions of rule XXII of the wishes for her and for her family. Aurelia Skipwith to be Director of the Standing Rules of the Senate, do hereby f U.S. Fish and Wildlife Service during move to bring to a close debate on the nomi- her Senate Environment and Public nation of Philip M. Halpern, of New York, to VOTE EXPLANATION Works Committee markup. In addition, be United States District Judge for the Mr. BOOKER. Mr. President, if I had been present for the floor vote Southern District of New York. throughout my time in Congress, I Mitch McConnell, Mike Crapo, Thom on her nomination and the additional Tillis, Mike Rounds, Lamar Alexander, have worked to address our Nation’s votes outlined below, I would have John Hoeven, Roger F. Wicker, Pat most pressing environmental issues voted in the following way: no on 9/24/ Roberts, John Thune, Cindy Hyde- and have supported aggressive action 19 for vote No. 300, the confirmation of Smith, John Boozman, Tom Cotton, to protect our environment, address Daniel Habib Jorjani to be Solicitor of Chuck Grassley, Kevin Cramer, Steve climate change, and reduce air and the Department of the Interior. Daines, Todd Young, John Cornyn. water pollution. Although I was not Throughout my time in Congress, I Mr. MCCONNELL. I ask unanimous present for the votes on the following have worked to address our Nation’s consent that the mandatory quorum nominees and legislation on the floor, I most pressing environmental issues calls for these cloture motions be did vote no on the nomination of and have supported aggressive action waived. Aurelia Skipwith to be Director of the to protect our environment, address The PRESIDING OFFICER. Without U.S. Fish and Wildlife Service during climate change, and reduce air and objection, it is so ordered. her Senate Environment and Public water pollution. Although I was not

VerDate Sep 11 2014 09:41 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.079 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S941 present for the votes on the following most pressing environmental issues American troops who stormed the nominees and legislation on the floor, I and have supported aggressive action beaches that morning to free Europe did vote no on the nomination of to protect our environment, address from Nazi tyranny. Aurelia Skipwith to be Director of the climate change, and reduce air and Private Wolfe was part of the elite U.S. Fish and Wildlife Service during water pollution. Although I was not 5th Ranger Battalion charged with si- her Senate Environment and Public present for the votes on the following lencing the guns atop Pointe du Hoc, a Works Committee markup. In addition, nominees and legislation on the floor, I dagger-like cliff well-guarded by Ger- if I had been present for the floor vote did vote no the nomination of Aurelia man defenders. His force landed at on her nomination and the additional Skipwith to be Director of the U.S. Omaha Beach amid intense artillery votes outlined below, I would have Fish and Wildlife Service during her fire, sustaining casualties amid the voted in the following way: no on 9/26/ Senate Environment and Public Works fighting on the beachhead. He was still 19 for vote No. 310, amendment to con- Committee markup. In addition, if I on the beach with his fellow Rangers tinuing appropriations, 2020/health ex- had been present for the floor vote on when MG Norman Cota shouted the tenders, H.R. 4378, PL 116–59. her nomination and the additional order that has now become part of Throughout my time in Congress, I votes outlined below, I would have Ranger lore: ‘‘Rangers, lead the way!’’ have worked to address our Nation’s voted in the following way: yes on 10/31/ Denman Wolfe obeyed this order with most pressing environmental issues 19 for vote No. 340, amendment to fur- distinction over the course of his mili- and have supported aggressive action ther continuing appropriations, 2020, tary service. In addition to fighting on to protect our environment, address H.R. 3055. D-day, Wolfe led the way during the Al- climate change, and reduce air and Throughout my time in Congress, I lied invasions of North Africa and Sic- water pollution. Although I was not have worked to address our Nation’s ily during World War II and later in present for the votes on the following most pressing environmental issues Asia during the Korean war. In total, nominees and legislation on the floor, I and have supported aggressive action he served in the Army for more than 20 did vote no on the nomination of to protect our environment, address years, remaining on Active Duty until Aurelia Skipwith to be Director of the climate change, and reduce air and 1964 and attaining the rank of sergeant U.S. Fish and Wildlife Service during water pollution. Although I was not first class. For this valorous service, her Senate Environment and Public present for the votes on the following Wolfe was awarded the Bronze Star, Works Committee markup. In addition, nominees and legislation on the floor, I Purple Heart, and many other combat if I had been present for the floor vote did vote no on the nomination of decorations. on her nomination and the additional Aurelia Skipwith to be Director of the Denman’s service to his country votes outlined below, I would have U.S. Fish and Wildlife Service during didn’t end once he left the military, voted in the following way: yes on 9/26/ her Senate Environment and Public however. Once marked, a Ranger serves 19 for vote No. 311, passage of con- Works Committee markup. In addition, for life. After settling in Arkansas tinuing appropriations, 2020/health ex- if I had been present for the floor vote after the war, Denman was called to tenders, H.R. 4378, PL 116–59. on her nomination and the additional work for his adopted State as a correc- Throughout my time in Congress, I votes outlined below, I would have tional officer, deputy sheriff, and elec- have worked to address our Nation’s voted in the following way: yes on 10/31/ tion judge. most pressing environmental issues 19 for vote No. 341, passage of further But his heart was always with the and have supported aggressive action continuing appropriations, 2020, H.R. land, where he worked for many years to protect our environment, address 3055. as a rancher. Denman’s many friends climate change, and reduce air and Throughout my time in Congress, I and relatives remember him as an avid water pollution. Although I was not have worked to address our Nation’s outdoorsman who spent his free time present for the votes on the following most pressing environmental issues fishing, hunting, gardening, foraging— nominees and legislation on the floor, I and have supported aggressive action even winemaking. did vote no on the nomination of to protect our environment, address Denman took special joy in sharing Aurelia Skipwith to be Director of the climate change, and reduce air and these hobbies with his family, includ- U.S. Fish and Wildlife Service during water pollution. Although I was not ing his wife, Kay, his two daughters, her Senate Environment and Public present for the votes on the following Lesa and Lori, and his many grand- Works Committee markup. In addition, nominees and legislation on the floor, I children and great-grandchildren. if I had been present for the floor vote did vote no on the nomination of Denman Wolfe was among the great- on her nomination and the additional Aurelia Skipwith to be Director of the est of a great generation. It is fitting votes outlined below, I would have U.S. Fish and Wildlife Service during we honor him for his bravery at age 23 voted in the following way: yes on 10/17/ her Senate Environment and Public as a young private but also for a life- 19 for vote No. 324, passage of the pow- Works Committee markup. In addition, time of service to his country and com- erplant rule disapproval, S.J. Res. 53. if I had been present for the floor vote munity. We honor him for his sake but Throughout my time in Congress, I on her nomination and the additional also to hold up his life as an example have worked to address our Nation’s votes outlined below, I would have worthy of emulation. It is worth noting most pressing environmental issues voted in the following way: no on 12/11/ that Denman has already inspired oth- and have supported aggressive action 19 for vote No. 395, confirmation of ers to follow his lead: his daughter, to protect our environment, address Aurelia Skipwith to be Director of the Lesa, served in the U.S. Army just like climate change, and reduce air and U.S. Fish and Wildlife Service. he did. Let’s hope that many others are water pollution. Although I was not f inspired to serve by his example. present for the votes on the following In every aspect of life, Rangers lead nominees and legislation on the floor, I ADDITIONAL STATEMENTS the way. Denman Wolfe took this did vote no on the nomination of motto to heart during his long life. Aurelia Skipwith to be Director of the Now he is leading the way again, going REMEMBERING DENMAN WOLFE U.S. Fish and Wildlife Service during ahead of us to our eternal home. May her Senate Environment and Public ∑ Mr. COTTON. Mr. President, Denman he rest in peace. Works Committee markup. In addition, Wolfe of Scottsville, AR, was called f if I had been present for the floor vote home to be with the Lord last Thurs- on her nomination and the additional day at age 98. He was Arkansas’s last EXECUTIVE AND OTHER votes outlined below, I would have surviving Army Ranger who served in COMMUNICATIONS voted in the following way: no on 10/31/ the Second World War. The following communications were 19 for vote No. 339, amendment to fur- Denman’s whole life was a portrait of laid before the Senate, together with ther continuing appropriations, 2020, honor, but he will be remembered espe- accompanying papers, reports, and doc- H.R. 3055. cially for his heroic actions at age 23, uments, and were referred as indicated: Throughout my time in Congress, I when he took part in the invasion of EC–3922. A communication from the Acting have worked to address our Nation’s Normandy—one of many thousands of Director, Office of Management and Budget,

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.048 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S942 CONGRESSIONAL RECORD — SENATE February 5, 2020 Executive Office of the President, transmit- By Mr. MORAN, from the Committee on and unstable scheduling practices that nega- ting, pursuant to law, a report entitled Veterans’ Affairs, with an amendment in the tively affect employees, and for other pur- ‘‘OMB Final Sequestration Report to the nature of a substitute and an amendment to poses; to the Committee on Health, Edu- President and Congress for Fiscal Year 2020’’; the title: cation, Labor, and Pensions. to the Special Committee on Aging; Agri- S. 450. A bill to require the Secretary of By Mr. JOHNSON (for himself and Ms. culture, Nutrition, and Forestry; Appropria- Veterans Affairs to carry out a pilot pro- BALDWIN): tions; Armed Services; Banking, Housing, gram to expedite the onboarding process for S. 3257. A bill to designate the facility of and Urban Affairs; the Budget; Commerce, new medical providers of the Department of the United States Postal Service located at Science, and Transportation; Energy and Veterans Affairs, to reduce the duration of 311 West Wisconsin Avenue in Tomahawk, Natural Resources; Environment and Public the hiring process for such medical pro- Wisconsin, as the ‘‘Einar ‘Sarge’ H. Ingman, Works; Select Committee on Ethics; Fi- viders, and for other purposes. Jr. Post Office Building’’; to the Committee nance; Foreign Relations; Health, Education, By Mr. MORAN, from the Committee on on Homeland Security and Governmental Af- Labor, and Pensions; Homeland Security and Veterans’ Affairs, with an amendment: fairs. Governmental Affairs; Indian Affairs; Select S. 850. A bill to extend the authorization of By Mr. WICKER: Committee on Intelligence; the Judiciary; appropriations to the Department of Vet- S. 3258. A bill to foster the implementation Rules and Administration; Small Business erans Affairs for purposes of awarding grants of the policy of the United States to achieve and Entrepreneurship; and Veterans’ Affairs. to veterans service organizations for the 355 battle force ships as soon as practicable; EC–3923. A communication from the Assist- transportation of highly rural veterans. to the Committee on Armed Services. ant Secretary, Office of Electricity, Depart- By Mr. MORAN, from the Committee on f ment of Energy, transmitting, pursuant to Veterans’ Affairs, with an amendment in the law, a report entitled, ‘‘Potential Benefits of nature of a substitute: SUBMISSION OF CONCURRENT AND High-Power, High-Capacity Batteries’’; to S. 2864. A bill to require the Secretary of SENATE RESOLUTIONS the Committee on Appropriations. Veterans Affairs to carry out a pilot pro- EC–3924. A communication from the Assist- gram on information sharing between the The following concurrent resolutions ant Secretary of the Navy (Research, Devel- Department of Veterans Affairs and des- and Senate resolutions were read, and opment, and Acquisition), transmitting, pur- ignated relatives and friends of veterans re- referred (or acted upon), as indicated: suant to law, a report entitled ‘‘Report to garding the assistance and benefits available By Mr. TESTER (for himself, Mr. Congress on Repair of Naval Vessels in For- to the veterans, and for other purposes. eign Shipyards’’; to the Committee on DAINES, Ms. CANTWELL, Ms. SMITH, By Mr. MORAN, from the Committee on Armed Services. Ms. WARREN, Ms. MCSALLY, Mr. EC–3925. A communication from the Acting Veterans’ Affairs, with an amendment and CRAMER, Ms. BALDWIN, Mr. UDALL, Associate General Counsel for Legislation an amendment to the title: Ms. KLOBUCHAR, Mr. ROUNDS, Mr. and Regulations, Office of Community Plan- S. 3182. A bill to direct the Secretary of HEINRICH, Mr. BARRASSO, Mr. ning and Development, Department of Hous- Veterans Affairs to carry out the Women’s HOEVEN, Mrs. FISCHER, and Mr. ing and Urban Development, transmitting, Health Transition Training pilot program THUNE): pursuant to law, the report of a rule entitled through at least fiscal year 2020, and for S. Res. 491. A resolution designating the ‘‘Conforming the Acceptable Separation Dis- other purposes. week beginning February 2, 2020, as ‘‘Na- tance (ASD) Standards for Residential Pro- f tional Tribal Colleges and University Week’’; pane Tanks to Industry Standards’’ to the Committee on the Judiciary. (RIN2506–AC45) received in the Office of the INTRODUCTION OF BILLS AND By Mrs. FEINSTEIN (for herself, Mrs. President of the Senate on February 4, 2020; JOINT RESOLUTIONS MURRAY, Ms. CANTWELL, Ms. MCSALLY, Ms. BALDWIN, Ms. STABE- to the Committee on Banking, Housing, and The following bills and joint resolu- Urban Affairs. NOW, Ms. CORTEZ MASTO, Ms. HIRONO, EC–3926. A communication from the White tions were introduced, read the first Ms. ROSEN, Ms. KLOBUCHAR, Mr. DUR- House Liaison, Department of Education, and second times by unanimous con- BIN, Mrs. GILLIBRAND, Ms. SINEMA, transmitting, pursuant to law, a report rel- sent, and referred as indicated: Ms. DUCKWORTH, Mrs. SHAHEEN, Ms. ative to a vacancy in the position of Assist- By Ms. WARREN (for herself, Mr. MAR- COLLINS, Ms. HARRIS, Mr. LEAHY, Ms. ant Secretary, Office of Legislation and Con- KEY, Mr. MENENDEZ, and Mr. BOOK- SMITH, Ms. HASSAN, and Ms. WAR- gressional Affairs, Department of Education, ER): REN): received in the Office of the President of the S. 3254. A bill to end the epidemic of gun S. Res. 492. A resolution supporting the ob- Senate on February 4, 2020; to the Com- violence and build safer communities by servation of ‘‘National Girls & Women in mittee on Health, Education, Labor, and strengthening Federal firearms laws and sup- Sports Day’’ on February 5, 2020, to raise Pensions. porting gun violence research, intervention, awareness of and celebrate the achievements EC–3927. A communication from the Direc- and prevention initiatives; to the Committee of girls and women in sports; to the Com- tor, Office of Personnel Management, trans- on Finance. mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule By Ms. WARREN (for herself, Mr. tation. entitled ‘‘Prevailing Rate Systems: Defini- BROWN, Mrs. GILLIBRAND, Ms. BALD- By Mr. MCCONNELL (for himself and tion of Johnson County, Indiana, to a Non- WIN, Mr. MERKLEY, Mr. MARKEY, Ms. Mr. SCHUMER): appropriated Fund Federal Wage System HASSAN, Mr. SANDERS, Ms. HIRONO, S. Res. 493. A resolution to authorize testi- Wage area’’ (RIN3206–AN93) received in the Mr. PETERS, Ms. STABENOW, Ms. HAR- mony, documents, and representation in Office of the President of the Senate on Feb- RIS, Mr. BOOKER, Mr. BLUMENTHAL, United States v. Stahlnecker; considered and ruary 4, 2020; to the Committee on Homeland Mr. CARDIN, Ms. SMITH, and Ms. KLO- agreed to. Security and Governmental Affairs. BUCHAR): f EC–3928. A communication from the Gen- S. 3255. A bill to repeal the authority under eral Counsel, Office of Management and the National Labor Relations Act for States ADDITIONAL COSPONSORS Budget, transmitting, pursuant to law, a re- to enact laws prohibiting agreements requir- S. 170 port relative to a vacancy in the position of ing membership in a labor organization as a At the request of Mr. DAINES, the Administrator of the Office of Information condition of employment, and for other pur- and Regulatory Affairs, Office of Manage- poses; to the Committee on Health, Edu- name of the Senator from Maryland ment and Budget, received in the Office of cation, Labor, and Pensions. (Mr. VAN HOLLEN) was added as a co- the President of the Senate on February 4, By Ms. WARREN (for herself, Mr. sponsor of S. 170, a bill to amend the 2020; to the Committee on Homeland Secu- BLUMENTHAL, Mrs. GILLIBRAND, Mr. Internal Revenue Code of 1986 to limit rity and Governmental Affairs. VAN HOLLEN, Ms. BALDWIN, Mr. the amount of certain qualified con- EC–3929. A communication from the Direc- BROWN, Mr. DURBIN, Ms. HARRIS, Mr. tor, Office of Personnel Management, trans- servation contributions. CARDIN, Mr. REED, Mr. BOOKER, Mrs. mitting, pursuant to law, the report of a rule S. 277 FEINSTEIN, Mr. MARKEY, Mr. SAND- entitled ‘‘Prevailing Rate Systems: Redefini- ERS, Mr. WHITEHOUSE, Mr. MURPHY, At the request of Ms. HIRONO, the tion of Certain Appropriated Fund Federal Ms. KLOBUCHAR, Ms. DUCKWORTH, Mr. names of the Senator from New York Wage System Wage Areas’’ (RIN3206–AN87) LEAHY, Mr. SCHUMER, Ms. HIRONO, (Mr. SCHUMER), the Senator from New received in the Office of the President of the Mr. MERKLEY, Mr. WYDEN, and Mrs. Jersey (Mr. BOOKER), the Senator from Senate on February 4, 2020; to the Com- MURRAY): Maryland (Mr. VAN HOLLEN) and the mittee on Homeland Security and Govern- S. 3256. A bill to permit employees to re- mental Affairs. Senator from Wisconsin (Ms. BALDWIN) quire changes to their work schedules with- were added as cosponsors of S. 277, a f out fear of retaliation and to ensure that em- bill to posthumously award a Congres- REPORTS OF COMMITTEES ployers consider these requests, and to require employers to provide more predictable sional Gold Medal to Fred Korematsu, The following reports of committees and stable schedules for employees in certain in recognition of his dedication to jus- were submitted: occupations with evidence of unpredictable tice and equality.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.017 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S943 S. 296 S. 2085 SCHATZ) and the Senator from Rhode At the request of Mr. CARDIN, the At the request of Ms. ROSEN, the Island (Mr. WHITEHOUSE) were added as names of the Senator from Connecticut name of the Senator from West Vir- cosponsors of S. 3146, a bill to ensure a (Mr. BLUMENTHAL) and the Senator ginia (Mrs. CAPITO) was added as a co- fair process for negotiations of collec- from Washington (Mrs. MURRAY) were sponsor of S. 2085, a bill to authorize tive bargaining agreements under added as cosponsors of S. 296, a bill to the Secretary of Education to award chapter 71 of title 5, United States amend XVIII of the Social Security Act grants to eligible entities to carry out Code. to ensure more timely access to home educational programs about the Holo- S. RES. 234 health services for Medicare bene- caust, and for other purposes. At the request of Mr. MERKLEY, the ficiaries under the Medicare program. S. 2143 name of the Senator from Rhode Island S. 633 At the request of Ms. WARREN, the (Mr. REED) was added as a cosponsor of At the request of Mr. MORAN, the name of the Senator from Illinois (Mr. S. Res. 234, a resolution affirming the names of the Senator from Indiana DURBIN) was added as a cosponsor of S. United States commitment to the two- (Mr. YOUNG), the Senator from Dela- 2143, a bill to amend the Food and Nu- state solution to the Israeli-Pales- ware (Mr. COONS) and the Senator from trition Act of 2008 to expand the eligi- tinian conflict, and noting that Israeli Connecticut (Mr. BLUMENTHAL) were bility of students to participate in the annexation of territory in the West added as cosponsors of S. 633, a bill to supplemental nutrition assistance pro- Bank would undermine peace and award a Congressional Gold Medal to gram, and for other purposes. Israel’s future as a Jewish and demo- the members of the Women’s Army S. 2322 cratic state. Corps who were assigned to the 6888th At the request of Ms. COLLINS, the S. RES. 372 Central Postal Directory Battalion, names of the Senator from Minnesota At the request of Mr. UDALL, the known as the ‘‘Six Triple Eight’’. (Ms. SMITH) and the Senator from Dela- names of the Senator from Vermont S. 983 ware (Mr. COONS) were added as cospon- (Mr. SANDERS) and the Senator from At the request of Mr. COONS, the sors of S. 2322, a bill to amend the Ani- Minnesota (Ms. KLOBUCHAR) were added name of the Senator from Minnesota mal Welfare Act to allow for the retire- as cosponsors of S. Res. 372, a resolu- (Ms. SMITH) was added as a cosponsor ment of certain animals used in Fed- tion expressing the sense of the Senate of S. 983, a bill to amend the Energy eral research. that the Federal Government should Conservation and Production Act to re- S. 2365 establish a national goal of conserving authorize the weatherization assist- At the request of Mr. UDALL, the at least 30 percent of the land and ance program, and for other purposes. name of the Senator from Massachu- ocean of the United States by 2030. S. 1067 setts (Ms. WARREN) was added as a co- S. RES. 458 At the request of Ms. HARRIS, the sponsor of S. 2365, a bill to amend the At the request of Mr. LANKFORD, the name of the Senator from Maryland Indian Health Care Improvement Act name of the Senator from Texas (Mr. (Mr. VAN HOLLEN) was added as a co- to authorize urban Indian organiza- CRUZ) was added as a cosponsor of S. sponsor of S. 1067, a bill to provide for tions to enter into arrangements for Res. 458, a resolution calling for the research to better understand the the sharing of medical services and fa- global repeal of blasphemy, heresy, and causes and consequences of sexual har- cilities, and for other purposes. apostasy laws. assment affecting individuals in the S. 2417 scientific, technical, engineering, and f At the request of Mr. KENNEDY, the mathematics workforce and to exam- name of the Senator from North Caro- SUBMITTED RESOLUTIONS ine policies to reduce the prevalence lina (Mr. TILLIS) was added as a co- and negative impact of such harass- sponsor of S. 2417, a bill to provide for ment, and for other purposes. payment of proceeds from savings SENATE RESOLUTION 491—DESIG- S. 1352 bonds to a State with title to such NATING THE WEEK BEGINNING At the request of Mr. CASEY, the bonds pursuant to the judgment of a FEBRUARY 2, 2020, AS ‘‘NATIONAL names of the Senator from Illinois (Mr. court. TRIBAL COLLEGES AND UNIVER- DURBIN), the Senator from Connecticut SITY WEEK’’ S. 2561 (Mr. BLUMENTHAL), the Senator from At the request of Mr. BLUMENTHAL, Mr. TESTER (for himself, Mr. New Jersey (Mr. MENENDEZ), the Sen- the name of the Senator from Delaware DAINES, Ms. CANTWELL, Ms. SMITH, Ms. ator from Hawaii (Ms. HIRONO), the (Mr. COONS) was added as a cosponsor WARREN, Ms. MCSALLY, Mr. CRAMER, Senator from Illinois (Ms. DUCKWORTH) Ms. BALDWIN, Mr. UDALL, Ms. KLO- and the Senator from New Jersey (Mr. of S. 2561, a bill to amend the Lacey Act Amendments of 1981 to clarify pro- BUCHAR, Mr. ROUNDS, Mr. HEINRICH, Mr. BOOKER) were added as cosponsors of S. BARRASSO, Mr. HOEVEN, Mrs. FISCHER, 1352, a bill to establish a Federal Advi- visions enacted by the Captive Wildlife Safety Act, to further the conservation and Mr. THUNE) submitted the fol- sory Council to Support Victims of lowing resolution; which was referred Gun Violence. of certain wildlife species, and for other purposes. to the Committee on the Judiciary: S. 1757 S. 2722 S. RES. 491 At the request of Ms. ERNST, the Whereas there are 37 Tribal Colleges and name of the Senator from Georgia At the request of Ms. ERNST, the name of the Senator from Florida (Mr. Universities operating on more than 75 cam- (Mrs. LOEFFLER) was added as a cospon- puses in 16 States; sor of S. 1757, a bill to award a Congres- SCOTT) was added as a cosponsor of S. Whereas Tribal Colleges and Universities sional Gold Medal, collectively, to the 2722, a bill to prohibit agencies from are tribally chartered or federally chartered United States Army Rangers Veterans using Federal funds for publicity or institutions of higher education and there- of World War II in recognition of their propaganda purposes, and for other fore have a unique relationship with the Fed- extraordinary service during World purposes. eral Government; War II. S. 3095 Whereas Tribal Colleges and Universities serve students from more than 230 federally At the request of Ms. WARREN, the S. 1902 recognized Indian tribes; At the request of Mr. CASEY, the name of the Senator from New York Whereas Tribal Colleges and Universities name of the Senator from Minnesota (Mrs. GILLIBRAND) was added as a co- offer students access to knowledge and skills (Ms. SMITH) was added as a cosponsor sponsor of S. 3095, a bill to develop vol- grounded in cultural traditions and values, of S. 1902, a bill to require the Con- untary guidelines for accessible post- including indigenous languages, which— sumer Product Safety Commission to secondary electronic instructional ma- (1) enhances Indian communities; and promulgate a consumer product safety terials and related technologies, and (2) enriches the United States as a nation; for other purposes. Whereas Tribal Colleges and Universities rule for free-standing clothing storage provide access to high-quality postsecondary units to protect children from tip-over S. 3146 educational opportunities for— related death or injury, and for other At the request of Mr. CARDIN, the (1) American Indians; purposes. names of the Senator from Hawaii (Mr. (2) Alaska Natives; and

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.014 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S944 CONGRESSIONAL RECORD — SENATE February 5, 2020 (3) other individuals that live in some of (1) features many contributions made by resolution; which was considered and the most isolated and economically de- female athletes that have enriched the na- agreed to: pressed areas in the United States; tional life of the United States; and S. RES. 493 Whereas Tribal Colleges and Universities (2) includes inspiring figures, such as Ger- are accredited institutions of higher edu- trude Ederle, Wilma Rudolph, Althea Gibson, Whereas, in the case of United States v. cation that prepare students to succeed in Mildred Ella ‘‘Babe’’ Didrikson Zaharias, and Stahlnecker, Cr. No. 19–394, pending in the the global and highly competitive workforce; Patty Berg, who overcame difficult obstacles United States District Court for the Central Whereas Tribal Colleges and Universities in their own lives— District of California, the prosecution has re- have open enrollment policies, and approxi- (A) to advance participation by women in quested the production of testimony, and, if mately 15 percent of the students at Tribal sports; and necessary, documents from Sarah Harms, an Colleges and Universities are non-Indian in- (B) to set positive examples for the gen- employee of the office of Senator Sherrod dividuals; and erations of female athletes who continue Brown, Leah Uhrig, a former employee of Whereas the collective mission and the to inspire people in the United States that office, and, Kylie Rutherford, an em- considerable achievements of Tribal Colleges today; ployee of the office of Senator Shelley Moore and Universities deserve national recogni- Whereas the United States must do all it Capito; tion: Now, therefore, be it can to support the bonds built between all Whereas, pursuant to sections 703(a) and Resolved, That the Senate— athletes to break down the barriers of dis- 704(a)(2) of the Ethics in Government Act of (1) designates the week beginning February crimination, inequality, and injustice; 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the 2, 2020, as ‘‘National Tribal Colleges and Uni- Whereas girls and young women in minor- Senate may direct its counsel to represent versities Week’’; and ity communities are doubly disadvantaged current and former employees of the Senate (2) calls on the people of the United States because— with respect to any subpoena, order, or re- and interested groups to observe National (1) schools in minority communities have quest for testimony relating to their official Tribal Colleges and Universities Week with fewer athletic opportunities than schools in responsibilities; appropriate activities and programs to dem- other communities; and Whereas, by the privileges of the Senate of onstrate support for Tribal Colleges and Uni- (2) the limited resources for athletic oppor- the United States and Rule XI of the Stand- versities. tunities in minority communities are not ing Rules of the Senate, no evidence under the control or in the possession of the Senate f evenly distributed between male and female students; may, by the judicial or administrative proc- SENATE RESOLUTION 492—SUP- Whereas the 5-time World Cup champion ess, be taken from such control or possession PORTING THE OBSERVATION OF United States Women’s National Soccer but by permission of the Senate; and ‘‘NATIONAL GIRLS & WOMEN IN Team is leading the fight for equal pay for Whereas, when it appears that evidence SPORTS DAY’’ ON FEBRUARY 5, female athletes; under the control or in the possession of the 2020, TO RAISE AWARENESS OF Whereas, with the recent enactment of Senate may promote the administration of laws such as the Protecting Young Victims justice, the Senate will take such action as AND CELEBRATE THE ACHIEVE- will promote the ends of justice consistent MENTS OF GIRLS AND WOMEN IN from Sexual Abuse and Safe Sport Author- ization Act of 2017 (Public Law 115–126; 132 with the privileges of the Senate: Now, SPORTS Stat. 318), Congress has taken steps— therefore be it Mrs. FEINSTEIN (for herself, Mrs. (1) to protect female athletes from the Resolved, That Sarah Harms and Leah Uhrig, current and former employees, respec- MURRAY, Ms. CANTWELL, Ms. MCSALLY, crime of sexual abuse; and tively, of Senator Brown’s office, and Kylie Ms. BALDWIN, Ms. STABENOW, Ms. COR- (2) to empower athletes to report sexual abuse when it occurs; and Rutherford, a current employee of Senator TEZ MASTO, Ms. HIRONO, Ms. ROSEN, Ms. Capito’s office, and any other current or KLOBUCHAR, Mr. DURBIN, Mrs. GILLI- Whereas, with increased participation by women and girls in sports, it is more impor- former employee of the Senators’ offices BRAND, Ms. SINEMA, Ms. DUCKWORTH, tant than ever to ensure the safety and well- from whom relevant evidence may be nec- Mrs. SHAHEEN, Ms. COLLINS, Ms. HAR- being of athletes by protecting them from essary, are authorized to testify and produce RIS, Mr. LEAHY, Ms. SMITH, Ms. HAS- the crime of sexual abuse, which has harmed documents in the case of United States v. SAN, and Ms. WARREN) submitted the so many young athletes within youth ath- Stahlnecker, except concerning matters for following resolution; which was re- letic organizations: Now, therefore, be it which a privilege should be asserted. ferred to the Committee on Commerce, Resolved, That the Senate supports— SEC. 2. The Senate Legal Counsel is author- Science, and Transportation: (1) observing ‘‘National Girls & Women in ized to represent any current or former employees of Senators Brown and Capito in con- S. RES. 492 Sports Day’’ on February 5, 2020, to recognize— nection with the production of evidence au- Whereas athletic participation helps de- (A) the female athletes who represent thorized in section one of this resolution. velop self-discipline, initiative, confidence, schools, universities, and the United States Mr. MCCONNELL. Mr. President, on and leadership skills, and opportunities for in their athletic pursuits; and behalf of myself and the distinguished athletic participation should be available to (B) the vital role that the people of the Democratic leader, Mr. SCHUMER, I all individuals; United States have in empowering girls and send to the desk a resolution author- Whereas, because the people of the United women in sports; States remain committed to protecting izing the production of testimony, doc- (2) marking the observation of National equality, it is imperative to eliminate the uments, and representation by the Sen- Girls & Women in Sports Day with appro- existing disparities between male and female ate Legal Counsel, and ask for its im- priate programs and activities, including youth athletic programs; mediate consideration. legislative efforts— Whereas the share of athletic participation (A) to ensure equal pay for female athletes; Mr. President, this resolution con- opportunities of high school girls has in- and cerns a request for evidence in a crimi- creased more than sixfold since the enact- (B) to protect young athletes from the nal action pending in California Fed- ment of title IX of the Education Amend- crime of sexual abuse so that future genera- eral district court. In this action, the ments of 1972 (20 U.S.C. 1681 et seq.) (referred tions of female athletes will not have to ex- to in this preamble as ‘‘title IX’’), but high defendant is charged with making perience the pain that so many female ath- school girls still experience— threatening telephone calls last year to (1) a lower share of athletic participation letes have had to endure; and the Washington, D.C. offices of Senator (3) all ongoing efforts— opportunities than high school boys; and SHERROD BROWN and Senator SHELLEY (2) a lower level of athletic participation (A) to promote equality in sports, including equal pay and equal access to athletic MOORE CAPITO. Trial is scheduled to opportunities than high school boys enjoyed commence on February 11, 2020. almost 50 years ago; opportunities for girls and women; and Whereas female participation in college (B) to support the commitment of the The prosecution is seeking testimony sports has nearly tripled since the enact- United States to expanding athletic partici- at trial from three Senate witnesses ment of title IX, but female college athletes pation for all girls and future generations of who received the telephone calls at still only comprise 44 percent of the total women athletes. issue: current employees of Senator collegiate athlete population; f BROWN’s and Senator CAPITO’s offices Whereas, in 1972, women coached more and a former employee of Senator SENATE RESOLUTION 493—TO AU- than 90 percent of collegiate women’s teams, BROWN’s office. Senators BROWN and but now women coach less than 50 percent of THORIZE TESTIMONY, DOCU- CAPITO would like to cooperate with all collegiate women teams, and there is a MENTS, AND REPRESENTATION need to restore women to those positions to this request by providing relevant em- IN UNITED STATES V. ployee testimony and, if necessary, ensure fair representation and provide role STAHLNECKER models for young female athletes; documents from their offices. Whereas the long history of women in Mr. MCCONNELL (for himself and The enclosed resolution would au- sports in the United States— Mr. SCHUMER) submitted the following thorize those staffers, and any other

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.016 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S945 current or former employee of the Sen- Fichtner, of the District of Columbia, (The resolution, with its preamble, is ators’ offices from whom relevant evi- to be a Member of the Social Security printed in today’s RECORD under ‘‘Sub- dence may be necessary, to testify and Advisory Board. mitted Resolutions.’’) produce documents in this action, with COMMITTEE ON VETERANS’ AFFAIRS f representation by the Senate Legal The Committee on Veterans’ Affairs Counsel. is authorized to meet during the ses- ORDERS FOR THURSDAY, FEB- f sion of the Senate on Wednesday, Feb- RUARY 6, 2020, AND MONDAY, ruary 5, 2020, at 9:30 a.m., to conduct a FEBRUARY 10, 2020 AUTHORITY FOR COMMITTEES TO hearing. Mr. MCCONNELL. Mr. President, I MEET SELECT COMMITTEE ON INTELLIGENCE ask unanimous consent that when the Mr. MCCONNELL. Mr. President, I The Select Committee on Intel- Senate completes its business today, it have 5 requests for committees to meet ligence is authorized to meet during adjourn until 11:30 a.m., Thursday, during today’s session of the Senate. the session of the Senate on Wednes- February 6, for a pro forma session They have the approval of the Majority day, February 5, 2020, at 10 a.m., to only, with no business being conducted; and Minority leaders. conduct a closed briefing. further, that when the Senate adjourns Pursuant to rule XXVI, paragraph on Thursday, February 6, it next con- 5(a), of the Standing Rules of the Sen- f vene at 3 p.m. on Monday, February 10; ate, the following committees are au- further, that following the prayer and thorized to meet during today’s session AUTHORIZING TESTIMONY, DOCU- pledge, the morning hour be deemed of the Senate: MENTS, AND REPRESENTATION expired, the Journal of proceedings be COMMITTEE ON COMMERCE, SCIENCE, AND IN UNITED STATES V. approved to date, the time for the two TRANSPORTATION STAHLNECKER leaders be reserved for their use later The Committee on Commerce, Mr. MCCONNELL. Mr. President, I in the day, and morning business be Science, and Transportation is author- ask unanimous consent that the Sen- closed; further, that following leader ized to meet during the session of the ate proceed to the consideration of S. remarks, the Senate proceed to execu- Senate on Wednesday, February 5, 2020, Res. 493, submitted earlier today. tive session and resume consideration at 10 a.m., to conduct a hearing. The PRESIDING OFFICER. The of the Brasher nomination; finally, COMMITTEE ON ENVIRONMENT AND PUBLIC clerk will report the resolution by that notwithstanding the provisions of WORKS title. rule XXII, the cloture motions filed The Committee on Environment and The legislative clerk read as follows: during today’s session ripen at 5:30 Public Works is authorized to meet A resolution (S. Res. 493) to authorize tes- p.m. on Monday. during the session of the Senate on timony, documents, and representation in The PRESIDING OFFICER. Without Wednesday, February 5, 2020, at 10 a.m., United States v. Stahlnecker. objection, it is so ordered. to conduct a hearing. There being no objection, the Senate f COMMITTEE ON FINANCE proceeded to consider the resolution. The Committee on Environment and Mr. MCCONNELL. I ask unanimous ADJOURNMENT UNTIL 11:30 A.M. Public Works is authorized to meet consent that the resolution be agreed TOMORROW during the session of the Senate on to, the preamble be agreed to, and the Mr. MCCONNELL. Mr. President, if Wednesday, February 5, 2020, at 10 a.m., motions to reconsider be considered there is no further business to come be- to conduct a hearing on the following made and laid upon the table with no fore the Senate, I ask unanimous con- nominations: Kipp Kranbuhl, of Ohio, intervening action or debate. sent that it stand adjourned under the to be an Assistant Secretary of the The PRESIDING OFFICER. Without previous order. Treasury, Sarah C. Arbes, of Virginia, objection, it is so ordered. There being no objection, the Senate, to be an Assistant Secretary of Health The resolution (S. 493) was agreed to. at 5:15 p.m., adjourned until Thursday, and Human Services, and Jason J. The preamble was agreed to. February 6, 2020 at 11:30 a.m.

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