June 18, 2020 CONGRESSIONAL RECORD — SENATE S3097 good work of a committee working to- the men and women who get up every tionale: although the Constitution gether to move those pieces of legisla- morning or stay out late every evening gives the President the authority to tion through the committee process. It to protect and defend, that we are manage executive branch personnel, is not perfect, in my view, but I knew there with them and for them as they Congress has made it clear by law that these were good policies that many serve us. should the President fire an inspector Members across both sides of the aisle I am asking for us to come into our general, there ought to be a good rea- wanted to place a priority on. work next week with open hearts and son for it. No such reason was provided Let’s figure out how we can make open minds, having listened well. If we when the President informed Congress something like that happen. I am do that, I can only suspect that the of the removal of Mr. Atkinson on proud of the fact that we can move outcome will be good. April 3, 2020. Thus, in a bipartisan let- good initiatives through this com- I yield the floor. ter on April 8, 2020, my colleagues and mittee. I suggest the absence of a quorum. I reminded the President of his require- I will just remind you we have an- The PRESIDING OFFICER. The ment under the statute to provide rea- other good initiative that we are ready clerk will call the roll. sons for removing an IG. On May 15, The bill clerk proceeded to call the to go on. 2020, the President notified Congress of roll. his intent to remove Mr. Linick. This f Mr. MCCONNELL. Mr. President, I notification also lacked reasons for the THE JUSTICE ACT ask unanimous consent that the order removal spurring my solo letter on Mrs. MURKOWSKI. Mr. President, I for the quorum call be rescinded. The PRESIDING OFFICER. Without May 18, 2020, again reminding the want to end my few moments on the objection, it is so ordered. President of his requirement to provide floor with an acknowledgement of reasons. where we are going to be next week. It f After a delay, and a personal call has been made clear that we are going NOMINATION OBJECTION with the White House Counsel, I was to have an opportunity to bring up for WITHDRAWAL promised a response to my letters that discussion legislation that has been Mr. GRASSLEY. Mr. President, I pre- would fulfill the statutory notice re- drafted by Senator TIM SCOTT from viously notified the Chamber of my ob- quirement. On May 26, 2020, I received South Carolina, along with a group of jection to the nominations of Marshall a response from the White House Coun- fellow colleagues over here, focused on Billingslea, of Virginia, to be Under sel explaining the President’s Constitu- matters relating to policing reforms. Secretary of State for Arms Control tional removal authority, which I My hope—it is more than a hope; it is and International Security and Chris- never questioned. However, the letter really a prayer. My prayer is that we topher C. Miller, of Virginia, to be Di- still contained no reason for the re- will come to this floor next week as rector of the National Counterter- movals as required by law. This failure colleagues and as individuals who want rorism Center, Office of the Director of to comply with the statute prompted to bring to bear good policy for a coun- National Intelligence. On June 12, 2020, my objection to both Mr. Miller and try at a time that is so desperate for I received two letters: one from the De- Mr. Billingslea on June 4, 2020. leadership that is responsive, leader- partment of State, which contained a On June 6, 2020, I asked the White ship that has demonstrated a willing- copy of recent correspondence between House to provide written reasons for ness to listen to the raw emotion of the administration to the Council of the removals. We discussed several what we have seen expressed across the Inspectors General on Integrity issues. I took this opportunity to talk this country in the few weeks since the and Efficiency, CIGIE, requesting that to the White House and I told them terrible death and killing of George CIGIE investigate specific allegations that I needed reasons for the firing of Floyd but recognizing that it is far into the conduct of the State Depart- IGs to be submitted in writing. more than the horrible death of one in- ment Inspector General, State IG, On June 12, 2020, I received the en- dividual. It is a history that in many Steve Linick, and another separate let- closed letter from the State Depart- parts of our country is raw and open ter from the White House Counsel con- ment which finally fulfills the execu- and needs to be addressed. cerning the removal of Intelligence tive branch’s legal requirement to pro- My prayer is that we can come to Community Inspector General, IC IG, vide Congress reasons for an IG’s re- this floor not here to debate through a Michael Atkinson. Without making moval with regard to Mr. Linick. partisan lens but here to debate those comment regarding the veracity of the Here is my view on the firing of Mr. issues that are so important and so im- allegations made against Mr. Linick, I Linick. The State Department’s cor- perative for the American public to believe that these letters fulfill the respondence with CIGIE provided four hear; that the response is not a Repub- President’s requirement to provide reasons for Mr. Linick’s removal, all lican effort versus a Democratic effort, Congress reasons for the removal of the involving the investigation of the leak but that these are matters that we IC IG and the State IG, as required by of information to a news reporter per- must address, whether it is how we en- the Inspector General Reform Act. It is taining to an IG report, which the re- sure that there is full and fair account- for this reason that I withdraw my ob- porter claims to be based on informa- ability, whether it relates to safe polic- jection to both Mr. Billingslea and Mr. tion garnered from ‘‘two government ing practices, whether it is how we ad- Miller. sources involved in carrying out the in- dress the concerns with modern polic- The letter from the White House vestigation. The letter to CIGIE re- ing when there are issues before our Counsel regarding the removal of the quests that they begin an investigation law enforcement officers that span the IC IG repeats a previous letter from the into Mr. Linick’s alleged trans- scope of how we address mental health White House which stated that the gressions, including his: 1) ‘‘failure to issues—those with addictions—and how President had lost confidence in the IC formally refer to CIGIE . . . the inves- we respond from a broader view and IG. However, the White House Counsel tigation of [the] leak’’; 2) ‘‘hand selec- lens but do so with our hearts rather enclosed with that letter a transcript tion’’ of the Department of Defense than trying to project through our po- of President Trump providing his rea- OIG to conduct the leak investigation; litical alignment. sons for removing Mr. Atkinson to the 3) ‘‘non-compliance with State Depart- I even hesitate to say because some press and has informed me that those ment Office of Inspector General (OIG) would ask: Well, exactly what do you reasons represent the President’s offi- email policies’’; and 4) refusal to sup- mean by that? cial explanation of Mr. Atkinson’s re- ply Department of State leadership I guess what I am asking for us to do moval to Congress. I believe that this with a copy or summary of the leak in- is to come here and debate honestly transcript and its transmittal to Con- vestigation report despite ‘‘repeated re- about where we are as a nation, and gress has fulfilled the statutory notice quests’’ from State Department leader- that comes to ensuring that when we requirement of the Inspector General ship. These claims are as of yet speak of justice, that we speak of jus- Reform Act. It is for this reason that I unverified but the President has of- tice for all in a way that is inclusive, withdraw my objection to Mr. Miller. fered an additional briefing on the that is fair, that is equal, and that is Here follow my comments to the matter from State Department offi- compassionate; that we recognize that President, including my actions and ra- cials. I am in the process of scheduling

VerDate Sep 11 2014 06:25 Jun 19, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.043 S18JNPT1 dlhill on DSK120RN23PROD with SENATE S3098 CONGRESSIONAL RECORD — SENATE June 18, 2020 such a briefing and reviewing the addi- tably, the law also does not require firmation of Justin Walker, vote 123, to tional relevant information. that a full investigation of a whistle be a judge on the District of Columbia After reviewing the provided ration- blower’s allegations be completed be- Court of Appeals. Were I present, I ale, I have several concerns. Chief fore the information is provided to would vote nay.∑ among them is that CIGIE does not Congress. Reading such a requirement f traditionally conduct investigations into the law could result in critical and JUNETEENTH into agency or OIG leaks. It reviews al- relevant information not reaching the legations against individuals but not ODNI or Congress in a timely manner, Mr. CARDIN. Mr. President, tomor- IG offices and generally lacks the funds and could pose a chilling effect on row, we will commemorate the 155th and resources to conduct work outside whistleblowers’ willingness to report Juneteenth, the celebration of the end of their narrow scope. As a matter of urgent concerns and other issues of of chattel slavery in the United States. course however, IGs do traditionally waste, fraud, and abuse in the intel- On June 19, 1865, Major General Gordon check each other’s work, and CIGIE ligence community. That being said, I Granger and Union soldiers delivered often suggests that allegations against understand and appreciate the Presi- the news of liberation to one of the last IGs or their offices be referred to peer dent’s irritation with this IG’s action remaining confederate outposts in Gal- veston, TX. The Civil War had ended, IGs. This is done when crucial IG inde- being a factor in the House of Rep- and the last remaining enslaved Black pendence must be maintained but the resentative’s impeachment. appearance of conflicts of interest may In those remarks, the President also Americans were free. General Gordon’s decree would arrive over 2 years after arise. It would also not be said that ‘‘they give this whistleblower President Abraham Lincoln issued the uncharacteristic for an IG to safeguard a status that he doesn’t deserve .... Emancipation Proclamation. the office’s statutorily required inde- And, frankly, somebody ought to sue For millions of Black Americans, pendence by potentially refusing to [him].’’ To the extent that the Presi- Juneteenth traditionally has been a provide internal information to its par- dent is referring to Mr. Atkinson’s de- celebration of this freedom; it is also a ent agency. In short, although it would termination that the whistleblower al- day of reflection and education on a make little sense for CIGIE to conduct legation at issue amounted to an ur- history that we all must confront. the leak investigation in the manner gent concern under the law, there re- There is much to inform us about our desired by the State Department, it mains a significant difference of legal present times that we can learn from would not be outside the bounds of opinion on this matter. The President’s the story of Juneteenth. It is the story precedent for one office of inspector position is supported by the Depart- of America, the story of my home general to conduct an investigation ment of Justice Office of Legal Coun- State of Maryland. Each year, I aim to into another. sel, and Presidents routinely follow the share these lessons and resources with Although I have not yet had the op- legal determinations of that office. my constituents through my office and portunity to verify the allegations re- However, whether or not the whistle- in recognizing the continued work we garding Mr. Linick, as I noted earlier, blower’s allegation meets the legal def- must do to elevate Black history and the President retains the constitu- inition of an ‘‘urgent concern’’ under create a more tolerant society. This tional authority to manage executive the law, I obviously do not agree that year, my office will close to commemo- branch personnel. My objection to person should be sued or otherwise re- rate the holiday and allow staff the these nominees was designed to prompt taliated against. time to reflect on its important histor- compliance with the IG Reform Act, My objection to these nominees was ical lessons. which the President has now done with designed to prompt compliance with Juneteenth is a reminder that, even regards to Mr. Linick. Therefore, I am the IG Reform Act, which the Presi- after the signing of Abraham Lincoln’s withdrawing my objection to Mr. dent has now done with regards to Mr. seminal declaration, that even in a Na- Billingslea. Atkinson. Therefore, I am withdrawing tion whose founding documents should On June 12, 2020, I received the en- my objection to Mr. Miller. have enshrined liberty and justice for closed letter from the White House Although some may want to believe all of its inhabitants, freedom was a Counsel which finally fulfills the exec- that this is a new issue unique to this dream deferred for Black Americans. It utive branch’s legal requirement to administration, it certainly is not. In is a reminder that liberation was hard provide Congress reasons for an IG’s re- July of 2009, then President Obama re- fought by those who were denied it, in- moval with regard to Mr. Atkinson. moved the Corporation for National cluding abolition leaders like Mary- As it pertains to Mr. Atkinson: Even and Community Service—CNCS—In- landers Frederick Douglass and Harriet though the President satisfied the re- spector General, Gerald Walpin, from Tubman, who then passed the torch to quirements of the law, I do not agree his post in a very similar manner and civil rights leaders and social move- that the provided reasons merited Mr. also did not provide reasons for re- ments past and present who are still Atkinson’s removal. In the provided moval. This began a bout of negotia- fighting to realize equal justice under transcript the President states, ‘‘I tions that resulted in not only the hold law. Equal justice under law is a prom- thought [ Atkinson] did a terrible job. of several Presidential nominees but ise the Declaration of Independence, Absolutely terrible . . . But ask him, also a bicameral congressional inves- the U.S. Constitution, and the Emanci- ‘Why didn’t you go and see the [tran- tigation into the matter. In that case, pation Proclamation all made, but it script of my phone call with the I similarly pushed for compliance with remains elusive, so the struggle con- Ukrainian president]?’ There was no the statute, held up a nominee to ob- tinues. rush. [Atkinson] said, ‘Oh we’d have to tain information, and disagreed with In this way, Juneteenth is a quin- rush it.’ ’’ I infer from this statement the stated reasons for Mr. Walpin’s re- tessential American holiday. The insti- that the reason(s) that the President moval. In the end, Mr. Walpin was tution of chattel slavery is interwoven removed Mr. Atkinson was because of never reinstated. throughout American history and the speed with which he sought to Given the misinterpretation of the would become the architecture for un- bring the whistleblower information to statute by successive administrations just systems that still stand today. The Congress and/or his role generally in from both political parties, it is appar- Juneteenth liberation would precede the impeachment process. ent that Congress must clarify the over a century of continued oppression, With respect to this objection con- statute to ensure inspectors general oppression through stigmatization, pol- cerning Mr. Atkinson’s supposed haste, are able to continue operating without icymaking, voter disenfranchisement, it is necessary to review the IC IG’s re- undue interference. So I am intro- and Jim Crow segregation laws, which sponsibility under the Intelligence Au- ducing a bipartisan bill today to ac- continued to widen the gaps of social, thorization Act for Fiscal Year 2010. complish just that. economic, and political achievement The act provides the IC IG only 14 days (At the request of Mr. DURBIN, the for Black Americans in our society. Ac- to determine if an ‘‘urgent concern’’ following statement was ordered to be knowledging its sinister legacy and the ‘‘appears credible’’ and transmit that printed in the RECORD.) efforts to chip away at it are critical to information to the Office of the Direc- ∑ Ms. ROSEN. Mr. Speaker, today I understanding how to dismantle it tor of National Intelligence, ODNI. No- will not be present to vote on the con- from its core.

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