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Congressional Record—Senate S1184

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Congressional Record—Senate S1184 S1184 CONGRESSIONAL RECORD — SENATE February 27, 2020 bomb components, repair and return of weap- get. Laser designation for the LGB can be ests above the interests of the United States. ons, weapons training equipment, practice provided by a variety of laser target markers The House Impeachment Managers have bombs, TTU–595 Test Set and spares, fin as- or designators. proven that the President’s abuse of power semblies, rocket motors, training aids/de- 4. Mk–82 General Purpose (GP) bomb is a and congressional obstruction amount to the vices/spare parts, aircraft spare parts, sup- 500 pound, free-fall, unguided, low-drag weap- constitutional standard of ‘‘high Crimes and port equipment, clothing and textiles, publi- on usually equipped with the mechanical Misdemeanors’’ for which the sole remedy is cations and technical documentation, travel M904 (nose) and M905 (tail) fuzes or the conviction and removal from office. expenses, medical services, construction, air- radar-proximity FMU–113 air-burst fuze. The II. STATEMENT OF THE FACTS craft ferry support, technical and logistical Mk–82 is designed for soft, fragment sen- On December 18, 2019, the United States support services, major modifications/class sitive targets and is not intended for hard House of Representatives passed H. Res. 755,1 IV support, personnel training and training targets or penetrations. The explosive filling ‘‘Impeaching Donald John Trump, President equipment, U.S. Government and contractor is usually tritonal, though other composi- of the United States, for high crimes and program support, and other related elements tions have sometimes been used. misdemeanors.’’ H. Res. 755 contains two Ar- of logistics and program support. The esti- 5. BDU–50 (Mk–82 Inert) GP bomb is a 500 ticles of Impeachment. The first Article de- mated value is $325.8 million. pound, free-fall, unguided, low-drag training clares that the President abused his power This proposed sale will support the foreign weapon. There are no explosive elements by soliciting foreign interference to help his policy and national security of the United with this bomb; it does not have a fuze and bid for reelection in the 2020 United States States by helping to improve the defense ca- will not detonate when it hits the ground. It presidential election and conditioning pabilities and capacity of a major non-NATO is used from flight training to give the pilot United States government acts of significant ally, which is an important force for polit- the insight into aircraft handling character- value on the foreign power’s cooperation. ical stability and economic progress in North istics with the additional weight on the The second Article declares that the Presi- Africa. This potential sale will provide addi- wing. dent obstructed Congress by directing the tional opportunities for bilateral engage- 6. The Joint Programmable Fuze (JPF) categorical, indiscriminate defiance of sub- ments and further strengthen the bilateral FMU–152 is a multi-delay, multi-arm and poenas for witness testimony and documents relationship between the United States and proximity sensor compatible with general deemed vital to the House Impeachment in- Tunisia. purpose blast, frag and hardened-target pene- quiry. The proposed sale will improve Tunisia’s trator weapons. The JPF settings are cock- Pursuant to Article I, Section 3 of the ability to meet current and future threats by pit selectable in flight when used with JDAM United States Constitution, the United increasing their capability and capacity to weapons. States Senate convened as a Court of Im- counter-terrorism and other violent extrem- 7. Advanced Precision Kill Weapon System peachment on January 16, 2020, and each ist organization threats. The AT–6 platform (APKWS) II All-Up-Round (AUR) is an air-to- Senator took an oath to ‘‘do impartial jus- will bolster their capability to respond to ground weapon that consists of an APKWS II tice according to the Constitution and and engage threats in multiple areas across Guidance Section (GS), legacy 2.75 inch MK66 laws.’’ 2 Alexander Hamilton spoke about the the country. Additionally, the procurement Mod 4 rocket motor, and legacy MK152 and Senate’s role in an Impeachment trial in of the AT–6 aircraft strengthens interoper- MK435/436 warhead/fuze. APKWS II uses a Federalist Paper No. 65, when he wrote, ability between Tunisia, regional allies, and semi-active laser seeker. The GS is installed ‘‘What other body would be likely to feel the United States. Tunisia will have no dif- between the rocket motor and warhead to confidence enough in its own situation, to pre- ficulty absorbing this aircraft into its armed create a guided rocket. The APKWS II may serve unawed and uninfluenced the necessary forces. be procured as an independent component to impartiality between an individual accused The proposed sale of this equipment and be mated to appropriate 2.75-inch warheads/ and the representatives of the people, his accus- support will not alter the basic military bal- fuzes and rocket motors purchased sepa- ers?’’ 3 ance in the region. rately, or may be purchased as an AUR. The obligation of the Senate is to accord The prime contractor will be Textron Avia- 8. If a technologically advanced adversary the President, as the accused, the right to tion Defense LLC, Wichita, Kansas. There were to obtain knowledge of the specific conduct his defense fairly, while respecting are no known offset agreements proposed hardware and software elements, the infor- the House’s exclusive constitutional preroga- with this potential sale. However, the pur- mation could be used to develop counter- tive to bring Articles of Impeachment. At chaser typically requests offsets. Any offset measures, which might reduce weapon sys- the core of the Senate’s task is the funda- agreement will be defined in negotiations be- tem effectiveness or be used in the develop- mental understanding that our system of tween the purchaser and the contractor. ment of a system with similar or advanced laws recognizes the rights of defendants and Implementation of this proposed sale will capabilities. the responsibilities of the prosecution to require the assignment of two (2) U.S. con- 9. A determination has been made that the prove its case. Such a basic tenet of our law tractor logistics representatives to Tunisia. recipient country can provide substantially and our experience as a free people does not There will be no adverse impact on U.S. de- the same degree of protection for the tech- evaporate in the rarified atmosphere of a fense readiness as a result of this proposed nology being released as the U.S. Govern- Court of Impeachment, simply because the sale. ment. This sale is necessary in furtherance accused is the President and the accuser is TRANSMITTAL NO. 19–71 of the U.S. foreign policy and national secu- the House of Representatives. Notice of Proposed Issuance of Letter of rity objectives outlined in the Policy Jus- III. THE CONSTITUTIONAL GROUNDS FOR Offer Pursuant to Section 36(b)(1) of the tification. IMPEACHMENT Arms Export Control Act 10. All defense articles and services listed ‘‘The Senate shall have the sole Power to Annex Item No. vii in this transmittal have been authorized for try all Impeachments.’’ 4 With these few (vii) Sensitivity of Technology: release and export to the Government of Tu- words, the Framers of the Constitution en- l. The AT–6 Wolverine is a Beechcraft light nisia. trusted the Senate with the most awesome attack, armed reconnaissance and irregular f power within a democratic society: whether warfare and counterinsurgency mission air- to remove an impeached President from of- craft. With a single engine PT6A–68D Pratt & IMPEACHMENT fice. Whitney engine and Lockheed Martin A–1OC Mr. REED. Mr. President, I ask unan- A. High Crimes and Misdemeanors mission computer and plug- and-play weap- imous consent to have my opinion The Constitution states, ‘‘The President, ons management system with Seek Eagle memorandum in the impeachment trial Vice President and all civil Officers of the certification, the AT–6 Wolverine can fire United States, shall be removed from Office laser-guided rockets and deliver general pur- of President Donald John Trump print- on Impeachment for, and Conviction of, pose and inertially-aided munitions. ed in the RECORD. Treason, Bribery, or other high Crimes and 2. GBU–12 is a 5001b Mk–82 General Purpose There being no objection, the mate- Misdemeanors.’’ 5 (GP) bomb body fitted with the MXU–650 rial was ordered to be printed in the ‘‘Treason’’ and ‘‘Bribery’’ are foundational AFG, and MAU–209C/B or MAU–168L/B Com- RECORD, as follows: impeachable offenses. No more heinous ex- puter Control Group (CCG) to guide to its ample of an offense against the constitu- OPINION MEMORANDUM OF UNITED STATES laser designated target. The GBU–12 is a ma- tional order exists than betrayal of the na- SENATOR JOHN F. REED IN THE IMPEACH- neuverable, free-fall Laser Guided Bomb tion to an enemy or betrayal of duty for per- MENT TRIAL OF PRESIDENT DONALD JOHN (LGB) that guides to a spot of laser energy sonal enrichment. A President commits trea- TRUMP reflected off of the target. Laser designation son when he levies war against the United for the LGB can be provided by a variety of I. FINDINGS States or gives comfort or aid to its en- laser target markers or designators. Based on the evidence in the record, the ar- emies.6 As the House Judiciary Committee 3. GBU–58 is a 2501b Mk–81 GP bomb body guments of the House Impeachment Man- explains, a President engages in impeachable fitted with the MXU–1006 AFG, and MAU– agers, and the arguments of the President’s bribery when he ‘‘offers, solicits, or accepts 209C/B or MAU–l68L/B CCG to guide to its Counsel, I conclude as follows: The President something of personal value to influence his laser designated target.
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