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, MONDAY, FEBRUARY 3, 2020 No. 22 Senate The Senate met at 11:05 a.m. and was of impeachment exhibited by the House of we live in the midst of strong agitations and called to order by the Chief Justice of Representatives against Donald John Trump, are surrounded by very considerable dangers the United States. President of the United States. to our institutions and our government. The The CHIEF JUSTICE. The majority imprisoned winds are let loose . . . but I f have a duty to perform, and I mean to per- leader is recognized. form it with fidelity—not without a sense of TRIAL OF DONALD J. TRUMP, ORDER OF PROCEDURE PRESIDENT OF THE UNITED surrounding dangers, but not without hope. Mr. MCCONNELL. Mr. Chief Justice, STATES Webster was wrong to believe that colleagues. the Compromise of 1850 could prevent The CHIEF JUSTICE. The Senate Today the Senate will hear up to 4 secession of the South, but I hope he will convene as a Court of Impeach- hours of closing statements by the two was not wrong to put his faith in the ment. sides. We will take a 30-minute lunch Senate because the design of the Con- The Chaplain will lead us in prayer. break after the House has made its ini- stitution and the intention of the PRAYER tial presentation. Then we will come Framers was that the Senate would be The Chaplain, Dr. Barry C. Black, of- back and finish this afternoon. a Chamber removed from the sway of fered the following prayer: The CHIEF JUSTICE. Pursuant to temporary political winds. Let us pray. the provisions of S. Res. 488, the Senate In Federalist 65, Hamilton wrote: Arise, O Lord, as we enter the final has provided for up to 4 hours of clos- Where else than in the Senate could have arguments phase of this impeachment ing arguments, equally divided be- been found a tribal sufficiently dignified, or trial. Mighty God, we continue to keep tween the managers on the part of the sufficiently independent? What other body our eyes on You, on whom our faith de- House of Representatives and the coun- would be likely to feel confidence enough in sel for the President. Pursuant to rule its own situation, to preserve, unawed and pends from start to finish. May our uninfluenced, the necessary impartiality be- Senators embrace Your promise to do XXII of the rules of procedure and tween an individual accused, and the rep- for them immeasurably, abundantly, practice of the Senate when sitting on resentatives of the people, his accusers? above all that they can ask or imagine. impeachment trials, the arguments In the same essay, Hamilton ex- Lord, help our lawmakers to store shall be opened and closed on the part plained this about impeachment: Your promises in their hearts and per- of the House of Representatives. The subjects of its jurisdiction are those mit You to keep them from stumbling. The Presiding Officer recognizes Mr. offenses which proceed from the misconduct Grant that they will leave a legacy of Manager SCHIFF to begin the presen- of public men, or, in other words, from the honor as they seek Your will in all tation on the part of the House of Rep- abuse or violation of some public trust. They they do. resentatives. are of a nature which may with peculiar pro- Mr. Manager CROW. Mr. Chief Jus- priety be denominated political, as they re- We pray in Your amazing Name. late chiefly to injuries done immediately to Amen. tice, Members of the U.S. Senate, coun- sel for the President. the society itself. PLEDGE OF ALLEGIANCE The prosecution of them, for this reason, Almost 170 years ago, Senator Daniel will seldom fail to agitate the passions of the The Chief Justice led the Pledge of Webster of Massachusetts took to the Allegiance, as follows: whole community, and to divide it into par- well of the Old Senate Chamber, not far ties more or less friendly or inimical to the I pledge allegiance to the Flag of the from where I am standing. He delivered accused . . . in such cases there will always United States of America, and to the Repub- what would become perhaps his most be the greatest danger that the decision will lic for which it stands, one nation under God, be regulated more by the comparative indivisible, with liberty and justice for all. famous address, the ‘‘Seventh of March’’ speech. Webster sought to rally strength of parties, than by the real dem- THE JOURNAL onstrations of innocence or guilt. his colleagues to adopt the Com- Daniel Webster and Alexander Ham- The CHIEF JUSTICE. If there is no promise of 1850, a package of legisla- ilton placed their hopes in you, the objection, the Journal of proceedings of tion that he and others hoped would Senate, to be the court of greatest im- the trial are approved to date. forestall a civil war brewing over the partiality, to be a neutral representa- The Deputy Sergeant at Arms will question of slavery. tive of the people in determining— make the proclamation. He said: The Deputy Sergeant at Arms, Jen- uninfluenced by party or preexisting It is fortunate that there is a Senate of the faction—the innocence or guilt of the nifer Hemingway, made proclamation United States; a body not yet moved from its as follows: propriety, not lost to a just sense of its own President of the United States. Hear ye! Hear ye! Hear ye! All persons are dignity, and its own high responsibilities, Today you have a duty to perform, commanded to keep silent, on pain of impris- and a body to which the country looks with with fidelity, not without a sense of onment, while the Senate of the United confidence, for wise, moderate, patriotic, and surrounding dangers, but also not with- States is sitting for the trial of the articles healing counsels. It is not to be denied that out hope.

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

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VerDate Sep 11 2014 19:13 Feb 14, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD20\FEBRUARY\S03FE0.REC S03FE0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE S774 CONGRESSIONAL RECORD — SENATE February 3, 2020 I submit to you, on behalf of the dent Nixon that it was time for him to tool and legal window dressing he could House of Representatives, that your resign and that they could no longer to block evidence and muzzle wit- duty demands that you convict Presi- hold back the tide of impeachment nesses. He tried to prevent the public dent Trump. Now, I don’t pretend that over Watergate. from learning how he placed himself this is an easy process. It is not de- Now, contrary to popular belief, the above country. signed to be easy. It shouldn’t be easy Republican Party did not abandon Yet, even as President Trump has or- to impeach or convict a President. Im- Nixon as the Watergate scandal came chestrated this coverup and obstructed peachment is an extraordinary remedy, to light. It took years of disclosures Congress’s impeachment inquiry, he re- a tool only to be used in rare instances and crises and court battles. The party mains unapologetic, unrestrained, and of grave misconduct, but it is in the stood with Nixon through Watergate intent on continuing his sham to de- Constitution for a reason. In America, because he was a popular, conservative fraud our elections. As I stand here no one is above the law, even those President, and his base was with him, today delivering the House’s closing ar- elected President of the United States. so they were, too. But, ultimately, as gument, President Trump’s constitu- I would say especially those elected Goldwater would tell Nixon, ‘‘There are tional crimes—his crimes against the President of the United States. only so many lies you can take, and American people and the Nation—re- You have heard arguments from the now there has been one too many.’’ main in progress. President’s counsel that impeachment The President would have us believe As you make your final determina- would overturn the results of the 2016 that he did not withhold aid to coerce tion on the President’s guilt, it is election. You have heard that, in seek- these sham investigations; that his therefore worth revisiting the totality ing the removal and disqualification of July 25 call with the Ukrainian Presi- of the President’s misconduct. Doing so the President, the House is seeking to dent was ‘‘perfect’’; that his meeting lays bare the ongoing threat President interfere in the next elections. Sen- with President Zelensky on the side- Trump poses to our democratic system ators, neither is true, and these argu- lines of the U.N. was no different than of government, both to our upcoming ments demonstrate a deeply misguided a head-of-state meeting in the Oval Of- election that some suggest should be or, I think, intentional effort to mis- fice; that his only interest in having the arbiter of the President’s mis- lead about the role that impeachment Ukraine announce investigations into conduct and to the Constitution itself plays in our democracy. the Bidens was an altruistic concern that we all swore to support and de- If you believe—as we do and as we against corruption; that the Ukrain- fend. have proven—that the President’s ef- ians interfered in our 2016 election, not Donald Trump was the central player forts to use his official powers to cheat Russia; that Putin knows better than in this corrupt scheme, assisted prin- in the 2020 election jeopardized our na- our own intelligence agencies. How cipally by his private attorney, Rudy tional security and are antithetical to many falsehoods can we take? When Giuliani. our democratic tradition, then you will it be one too many? Early in 2019, Giuliani conspired with must come to no other conclusion but Let us take a few minutes to remind two corrupt former Ukrainian prosecu- that the President threatens the fair- you one last time of the facts of the tors to fabricate and promote phony in- ness of the next election and risks put- President’s misconduct as you consider vestigations of wrongdoing by former ting foreign interference between the how you will vote on this important Vice President Joe Biden as well as the voters and their ballots. matter for our Nation. Those facts Russian propaganda that it was Professor Dershowitz and the other compel the President’s conviction on Ukraine, not Russia, that hacked the counselors to the President have ar- the two Articles of Impeachment. DNC in 2016. gued that if the President thinks that Mrs. Manager DEMINGS. Mr. Chief In the course of their presentation to something is in his interest, then it is, Justice and Senators, over the past 2 you, the President’s counsel have made by definition, in the interest of the weeks, the House has presented to you several remarkable admissions that af- American people. We have said overwhelming and uncontroverted evi- firm core elements of this scheme, in- throughout this process that we cannot dence that President Trump has com- cluding specifically about Giuliani’s and should not leave our common sense mitted grave abuses of power that role and representation of the Presi- at the door. The logical conclusion to harm our national security and were dent. this argument is that the President is intended to defraud our elections. The President’s counsel have con- the State; that his interests are the President Trump abused the extraor- ceded that Giuliani sought to convince Nation’s interests; that his will is nec- dinary powers he alone holds as Presi- Ukraine to investigate the Bidens and essarily ours. You and I and the Amer- dent of the United States to coerce an have alleged Ukraine election inter- ican people know otherwise; that we do ally to interfere in our upcoming Presi- ference on behalf of his client, the not have to be constitutional scholars dential election for the benefit of his President, and that the President’s to understand that this is a position own reelection. He then used those focus on these sham investigations was deeply at odds with our Constitution unique powers to wage an unprece- significantly informed by Giuliani, and our democracy; that believing in dented campaign to obstruct Congress whose views the President adopted. this argument or allowing the Presi- and cover up his wrongdoing. Compounding this damning admis- dent to get away with misconduct As the President’s scheme to corrupt sion, the President’s counsel have also based on this extreme view would our election progressed over several conceded that Giuliani was not con- render him above the law. months, it became, as one witness de- ducting foreign policy on behalf of the But we know that this cannot be scribed, more ‘‘insidious.’’ The Presi- President. They have confirmed that, true. What you decide on these articles dent and his agents wielded the powers in pursuing these two investigations, will have lasting implications for the of the Presidency and the full weight of Giuliani was working solely in the future of the Presidency, not only for the U.S. Government to increase pres- President’s private, personal interest, this President but for all future Presi- sure on Ukraine’s new President to co- and the President’s personal interest is dents. Whether or not the office of the erce him to announce two sham inves- now clear—to cheat in the next elec- Presidency of the United States of tigations that would smear his poten- tion. America is above the law, that is the tial election opponent and raise his po- As Giuliani would later admit, for question. litical standing. the President’s scheme to succeed, he As Alexis de Tocqueville wrote in his By early September of last year, the first needed to remove the American 1855 work, ‘‘Democracy in America,’’ President’s pressure campaign ap- Ambassador to Ukraine, Marie ‘‘The greatness of America lies not in peared on the verge of succeeding— Yovanovitch—an anti-corruption being made more enlightened than any until, that is, the President got caught, champion Giuliani viewed as an obsta- other nation, but rather in her ability and the scheme was exposed. In re- cle who ‘‘was going to make the inves- to repair her faults.’’ sponse, President Trump ordered a tigations difficult for everybody.’’ In In May of 1974, Barry Goldwater and massive coverup—unprecedented in working with now-indicted associates other Republican congressional leaders American history. He tried to conceal Lev Parnas and Igor Fruman, Giuliani went to the White House to tell Presi- the facts from Congress, using every orchestrated a bogus, monthslong

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.002 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S775 smear campaign against the Ambas- Ukraine resisted announcing the in- sages and the emails that we have sador that culminated in her removal vestigations throughout June, so the shown you—confirms definitively the in April. President and his agent, Rudy Giuliani, President’s corrupt quid pro quo for The President’s sudden order to re- turned up the pressure—this time, by the White House meeting. Subsequent move our Ambassador came just 3 days wielding the power of the U.S. Govern- testimony further affirms that the after Ukraine’s Presidential elections ment. President withheld this official act— in late April, which saw a reformer, In mid-June, the Department of De- this highly coveted Oval Office meet- Volodymyr Zelensky, sweep into office fense publicly announced that it would ing—to apply pressure on Ukraine to on an anti-corruption platform. Presi- be releasing $250 million of military as- do his personal bidding. dent Trump called to congratulate sistance to Ukraine. Almost imme- The evidence is unequivocal. Zelensky right after his victory. He in- diately after seeing this, the President Despite this pressure, by mid-August vited President Zelensky to the White quietly ordered a freeze on the assist- President Zelensky resisted such an ex- House, and he agreed to send Vice ance to Ukraine. None of the 17 wit- plicit announcement of the two politi- President PENCE to his inauguration. nesses in our investigation were pro- cally motivated investigations desired But 3 weeks later, after Rudy Giuliani vided with a credible reason for the by President Trump. As a result, the was denied a meeting with President hold when it was implemented, and all White House meeting remained un- relevant agencies opposed the freeze. Zelensky, President Trump abruptly scheduled, just as it remains unsched- In July, Giuliani and the President’s ordered Vice President PENCE to cancel uled to this day. appointees made it clear to Ukraine his trip. Instead, a lower level delega- During this same timeframe in Au- tion, led by three of President Trump’s that a meeting at the White House would only be scheduled if Ukraine an- gust, the President persisted in main- political appointees—Secretary of En- taining the hold on the aid, despite ergy Rick Perry, Ambassador to the nounced the sham investigations. Ac- cording to a July 19 email the White warnings that he was breaking the law European Union Gordon Sondland, and by doing so, as an independent watch- Special Representative for Ukraine Ne- House has tried to suppress, this ‘‘drug deal,’’ as Ambassador Bolton called it, dog recently confirmed that he did. gotiations Kurt Volker—attended According to the evidence presented Zelensky’s inauguration the following was well known among the President’s most senior officials, including his to you, the President’s entire Cabinet week. believed he should release the aid be- These three returned from Ukraine Chief of Staff, Mick Mulvaney, and cause it was in the national security and were impressed with President Secretary of State Mike Pompeo, and interest of our country. During the en- Zelensky. In a meeting shortly there- it was relayed directly to senior tire month of August, there was no in- after with President Trump in the Oval Ukrainian officials by Gordon ternal review of the aid. Congress was Office, they relayed their positive im- Sondland on July 10 at the White not notified, nor was there any credible pression of the new Ukrainian Presi- House. ‘‘Everyone was in the loop.’’ Although President Zelensky ex- reason provided within the executive dent and encouraged President Trump plained that he did not want to be a branch. to schedule the White House meeting ‘‘pawn’’ in Washington politics, Presi- he promised in his first call, but Presi- With no explanation offered and with dent Trump did not care. In fact, on dent Trump reacted negatively. He the explicit, clear, yet unsuccessful July 25, before President Trump spoke railed that Ukraine ‘‘tried to take me quid pro quo for the White House meet- to President Zelensky, President down’’ in 2016, and in order to schedule ing in the front of his mind, Ambas- Trump personally conveyed the terms a White House visit for President sador Sondland testified that the only of this quid pro quo to Gordon Zelensky, President Trump told the logical conclusion was that the Presi- Sondland, who then relayed the mes- dent was also withholding military as- delegation that it would have to ‘‘talk sage to Ukraine’s President. to Rudy.’’ sistance to increase the pressure on Later that morning, during the now- Ukraine to announce the investiga- It is worth pausing here to consider infamous phone call, President Trump the importance of this meeting in late tions. As Sondland and another witness explicitly requested that Ukraine in- testified, this conclusion was as simple May. This is the moment when Presi- vestigate the Bidens and the 2016 elec- dent Trump successfully hijacked the as two plus two equals four. If the tion. Zelensky responded as President White House meeting wasn’t sufficient tools of our government to serve his Trump instructed: He assured Presi- corrupt personal interests—when the leverage to extract the announcement dent Trump that he would undertake he wanted, Trump would use the frozen President’s ‘‘domestic political er- these investigations. After hearing this rand,’’ as one witness famously de- aid as his hammer. commitment, President Trump then re- Secretary Pompeo confirmed scribed it, began to overtake and sub- iterated his invitation to the White ordinate U.S. foreign policy and na- Sondland’s conclusion in an August 22 House at the end of the call. email. It is also clear that Vice Presi- tional security interests. No later than a few days after the dent PENCE was aware of the quid pro By this point in the scheme, Rudy call, the highest levels of the Ukrain- quo over the aid and was directly in- Giuliani was advocating very publicly ian Government learned about the hold formed of such in Warsaw on Sep- for Ukraine to pursue the two sham in- on military assistance. Senior Ukrain- tember 1, after the freeze had become vestigations, but his request to meet ian officials decided to keep quiet, rec- with President Zelensky was rebuffed ognizing the harm it would cause to public and Ukraine became desperate. by the new Ukrainian President. Ac- Ukraine’s defense, to the new govern- Sondland pulled aside a top aide in cording to reports about Ambassador ment’s standing at home, and to its ne- Warsaw and told him that everything— Bolton’s account—soon to be available gotiating posture with Russia. Officials both the White House meeting and also if not to this body then to bookstores in Ukraine and the United States the security assistance—were condi- near you—the President also unsuc- hoped the hold would be reversed be- tioned on the announcement of the in- cessfully tried to get Bolton to call the fore it became public. As we now know, vestigations that Sondland, Giuliani, new Ukrainian President to ensure he that was not to be. and others had been negotiating with would meet with Giuliani. As we have explained during the the same aide earlier in August. The desire for Ukraine to announce trial, the President’s scheme did not This is an important point. The these phony investigations was for a begin with the July 25 call, and it did President claims that Ukraine did not clear and corrupt reason—because not end there either. As instructed, a know of the freeze in aid, though we President Trump wanted the political top aide to President Zelensky met know this to be false. As the former benefit of a foreign country’s announc- with Giuliani in early August, and they Deputy Foreign Minister has admitted ing that it would investigate his rival. began working on a press statement for publicly, they found out about it with- That is how we know without a doubt Zelensky to issue that would announce in days of the July 25 call and kept it that the object of the President’s the two sham investigations and lead quite. But no one can dispute that even scheme was to benefit his reelection to a White House meeting. after the hold became public on August campaign—in other words, to cheat in Let’s be very clear here. The docu- 28, President Trump’s representatives the next election. mentary evidence alone—the text mes- continued their efforts to secure

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.003 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S776 CONGRESSIONAL RECORD — SENATE February 3, 2020 Ukraine’s announcement of the inves- ing to pressure Ukraine’s President to We have explained why all of these tigations. This is enough to prove ex- act corruptly by announcing these legal excuses hold no merit, why the tortion in court, and it is certainly baseless investigations. And the evi- House’s subpoenas were valid, how the enough to prove it here. dence makes clear that the President’s House appropriately exercised its im- If that wasn’t enough, however, on decision to withhold Ukraine’s mili- peachment authority, how the Presi- September 7, more than a week after tary aid is not connected in any way to dent’s strategy was to stall and ob- the aid freeze became public, President purported concerns about corruption or struct. We have explained how the Trump confirmed directly to Sondland burden-sharing. President’s after-the-fact reliance on that he wanted President Zelensky in a Rather, the evidence that was pre- unfounded and, in some cases, brand- ‘‘public box’’ and that his release of the sented to you is damning, chilling, dis- new legal privileges are shockingly aid was conditioned on the announce- turbing, and disgraceful. President transparent cover for a President’s dic- ment of the two sham investigations. Trump weaponized our government and tate of blanket obstruction. We have Having received direct confirmation the vast powers entrusted to him by underscored how the President’s defi- from President Trump, Sondland re- the American people and the Constitu- ance of Congress is unprecedented in layed the President’s message to Presi- tion to target his political rival and the history of our Republic, and we all dent Zelensky himself. corrupt our precious elections, sub- know that an innocent person would President Zelensky could resist no verting our national security and our eagerly provide testimony and docu- longer. America’s military assistance democracy in the process. He put his ments to clear his name, as the Presi- makes up 10 percent of his country’s personal interests over those of the dent apparently thought he was doing, defense budget, and President Trump’s country, and he violated his oath of of- mistakenly, when he released the call visible lack of support for Ukraine fice in the process. records of his two telephone calls with harmed his leverage in negotiations But the President’s grave abuse of President Zelensky. with Russia. President Zelensky af- power did not end there. In conduct un- And even as the President has firmed to Sondland on that same tele- paralleled in American history, once he claimed to be protecting the Presi- phone call that he would announce the got caught, President Trump engaged dency, remember that the President investigations in an interview on CNN. in categorical and indiscriminate ob- never actually invoked executive privi- President Trump’s pressure campaign struction of any investigation into his lege throughout this entire inquiry, a appeared to have succeeded. wrongdoing. He ordered every govern- revealing fact, given the law’s prohibi- Two days after President Zelensky ment agency and every official to defy tion on invoking executive privilege to confirmed his intention to meet Presi- the House’s impeachment inquiry, and shield wrongdoing. dent Trump’s demands, the House of he did so for a simple reason: to con- And yet, according to the President’s Representatives announced its inves- ceal evidence of his wrongdoing from counsel, the President is justified in re- tigation into these very issues. Shortly Congress and the American people. sisting the House’s impeachment in- thereafter, the inspector general of the The President’s obstruction was un- quiry. They assert that the House intelligence community notified the lawful and unprecedented, but it also should have taken the President to communities that the whistleblower confirmed his guilt. Innocent people court to defy the obstruction. The complaint was being improperly han- don’t try to hide every document and President’s argument is as shameless dled—or was improperly withheld from witness, especially those that would as it is hypocritical. The President’s Congress with the White House’s clear them. That is what guilty people counsel is arguing in this trial that the knowledge. do. That is what guilty people do. Inno- House should have gone to court to en- In other words, the President got cent people do everything they can to force its subpoenas, while at the same caught, and 2 days later, on September clear their name and provide evidence time, the President’s own Department 11, the President released the aid. To that shows that they are innocent. of Justice is arguing in court that the this day, however, Ukraine still has But it would be a mistake to view the House cannot enforce the subpoenas not received all of the money Congress President’s obstruction narrowly, as through the courts. And you know has appropriated and the White House the President’s counsel have tried to what remedy they say in court is avail- meeting has yet to be scheduled. portray it. The President did not defy able to the House? Impeachment for The identity of the whistleblower, the House’s impeachment inquiry as obstruction of Congress. moreover, is irrelevant. The House did part of a routine interbranch dispute or This is not the first time this argu- not rely on the whistleblower’s com- because he wanted to protect the con- ment has been made. President Nixon plaint, even as it turned out to be re- stitutional rights and privileges of his made it too, but it was roundly re- markably accurate. It does not matter Presidency. He did it consistent with jected by the House Judiciary Com- who initially sounded the alarm when his vow to ‘‘fight all subpoenas.’’ mittee 45 years ago, when the com- they saw smoke. What matters is that The second article of impeachment mittee passed an article for obstruc- the firefighters—Congress—were sum- goes to the heart of our Constitution tion of Congress for a far less serious moned and found the blaze, and we and our democratic system of govern- objection than we have here. The com- know that we did. ment. The Framers of the Constitution mittee concluded that it was inappro- The facts about the President’s mis- purposefully entrusted the power of im- priate to enforce its subpoenas in court conduct are not seriously in dispute. peachment in the legislative branch so and, as the slide shows: As several Republican Senators have that it may protect the American peo- The Committee concluded that it would be acknowledged publicly, we have proof ple from a corrupt President. inappropriate to seek the aid of the courts to The President was able to undertake enforce its subpoenas against the President. that the President abused his power in This conclusion is based on the constitu- precisely the manner charged in article such comprehensive obstruction only tional provision vesting the power of im- I. President Trump withheld the White because of the exceptional powers en- peachment solely in the House of Represent- House meeting and essential, congres- trusted to him by the American people, atives and the express denial by the Framers sionally appropriated military assist- and he wielded that power to make of the Constitution of any role for the courts ance from Ukraine in order to pressure sure Congress would not receive a sin- in the impeachment process. Ukraine to interfere in the upcoming gle record or a single document related Again, the committee report on Nix- Presidential election on his behalf. to his conduct and to bar his closest on’s Articles of Impeachment. The sham investigations President aides from testifying about his scheme. Mr. Manager JEFFRIES. Once we Trump wanted announced had no le- Throughout the House’s inquiry, just strip the President’s obstruction of gitimate purpose and were not in the as they did during the trial, the Presi- this legal window dressing, the con- national interest, despite the Presi- dent’s counsel offered bad-faith and sequences are as clear as they are dire dent’s counsel’s troubling reliance on meritless legal arguments as trans- for our democracy. To condone the conspiracy theories to claim the Presi- parent window dressing intended to le- President’s obstruction would strike a dent acted in the public interest. gitimize and justify the President’s ef- deathblow to the impeachment clause The President was not focused on forts to hide evidence of his mis- in the Constitution. And if the Con- fighting corruption. In fact, he was try- conduct. gress cannot enforce this sole power

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.005 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S777 vested in both Chambers alone, the send? What message do we send to Rus- Bronze Star and an Air Medal for valor Constitution’s final line of defense sia, our adversary intent on fracturing and, his proudest honor, the Combat against a corrupt Presidency will be democracy around the world? Infantryman Badge. When his country eviscerated. What will we say to our European al- called on him, he answered again and A President who can obstruct and lies, already concerned with this Presi- again and again, in battle and foreign thwart the impeachment power be- dent, about whether the United States affairs and in the face of a corrupt ef- comes unaccountable. He or she is ef- will continue to support our NATO fort by the President to extort a for- fectively above the law. And such a commitments that have been a pillar eign country into helping his reelec- President is more likely to engage in of our foreign policy since World War tion campaign—an effort that Ambas- corruption with impunity. This will be- II? What message do we send to our al- sador Taylor rightly believed was come the new normal with this Presi- lies in the free world? ‘‘crazy.’’ His courage mattered. dent and for future generations. If we allow this President’s conduct People like LTC Alexander Vindman, So where does this leave us? As many to stand, what will we say to the 68,000 who came to this country as a young of you in this Chamber have publicly men and women in uniform in Europe child fleeing authoritarianism in East- acknowledged in the past few days, the right now who courageously and admi- ern Europe—he could have done any- facts are not seriously in dispute. We rably wake up every day ready and thing with his life, but he, too, chose have proved that the President com- willing to fight for America’s security public service, putting on a uniform mitted grave offenses against the Con- and prosperity, for democracy in Eu- and receiving a Purple Heart after stitution. The question that remains is rope and around the world? What mes- being wounded in battle fighting coura- whether that conduct warrants convic- sage do we send them when we say geously in Iraq. When he heard that tion and removal from office. America’s national security is for sale? fateful July 25 call, in which the Presi- Should the Senate simply accept or That cannot be the message we want dent sold out our country for his own even condone such corrupt conduct by to send to our Ukrainian friends or our personal gain, Lieutenant Colonel a President? Absent conviction and re- European allies or to our children and Vindman reported it and later came be- moval, how can we be assured that this our grandchildren who will inherit this fore Congress to speak the truth about President will not do it again? If we are precious Republic, and I am sure it is what happened. Lieutenant Colonel to rely on the next election to judge not the message that you wish to send Vindman’s courage mattered. the President’s efforts to cheat in that to our adversaries. To the other public servants who election, how can we know that the The late Senator John McCain was came forward and told the truth in the election will be free and fair? How can an astounding man—a man of great face of vicious smears, intimidation, we know that every vote will be free principle, a great patriot. He fought ad- and White House efforts to silence you, from foreign interference solicited by mirably in Vietnam and was impris- your courage mattered. You did the the President himself? oned as a POW for over 5 years, refus- right thing. You did your duty. No With President Trump, the past is ing an offer by the North Vietnamese matter what happens today or from prologue. This is neither the first time to be released early because his father this day forward, that courage that the President solicited foreign in- was a prominent admiral. As you all mattered. terference in his own election, nor is it are aware, Senator McCain was a great Whatever the outcome in this trial, the first time that the President tried supporter of Ukraine, a great supporter we will remain vigilant in the House. I to obstruct an investigation into his of Europe, a great supporter of our know there are dedicated public serv- misconduct. But you will determine— troops. Senator McCain understood the ants who know the difference between you will determine—you will deter- importance of this body—this distin- right and wrong. But make no mistake, mine whether it will be his last. guished body—and serving the public, these are perilous times if we deter- As we speak, the President continues once saying: ‘‘Glory belongs to the act mine that the remedy for a President his wrongdoing unchecked and of being constant to something greater who cheats in an election is to pro- unashamed. Donald Trump hasn’t than yourself, to a cause, to your prin- nounce him vindicated and attack stopped trying to pressure Ukraine to ciples, to the people on whom you rely those who expose his misconduct. smear his opponent, nor has he stopped and who rely on you.’’ Mr. Manager SCHIFF. Senators, be- obstructing Congress. His political The Ukrainians and the Europeans fore we break, I want to take a mo- agent, Rudolph Giuliani, recently re- and the Americans around the world ment to say something about the staff turned to the scene of the crime in and here at home are watching what who have worked tirelessly on the im- Ukraine to manufacture more dirt for we do. They are watching to see what peachment inquiry and this trial for his client, the President of the United the Senate will do, and they are rely- months now. There is a small army of States. ing on this distinguished body to be public servants down the hall from this President Trump remains a clear and constant to the principles America was Chamber, in offices throughout the present danger to our national security founded on and which we tried to up- House, and, yes, in that windowless and to our credibility around the hold for more than 240 years. bunker in the Capitol, who have com- world. He is decimating our global Doing the right thing and being con- mitted their lives to this effort because standing as a beacon of democracy stant to our principles requires a level they, like the managers and the Amer- while corrupting our free and fair elec- of moral courage that is difficult but ican people, believe that a President tions here at home. by no means impossible. It is that free of accountability is a danger to What is a greater protection to our moral courage shown by public serv- the beating heart of our democracy. country than ensuring that we, the ants throughout this country and I am grateful to all of them, but let American people, alone, not some for- throughout the impeachment inquiry me mention a few: Daniel Goldman, eign power, choose our Commander in in the House. Maher Bitar, Rheanne Wirkkala, Pat- Chief? The American people alone People like Ambassador Marie rick Boland, William Evans, Patrick should decide who represents us in any Yovanovitch—her decades of non- Fallon, Sean Misko, Nicolas Mitchell, office without foreign interference— partisan service were turned against Daniel Noble, Diana Pilipenko, Emilie particularly the highest office in the her in a vicious smear campaign that Simons, Susanne Grooms, Krista Boyd, land. And what could undermine our reached all the way to the President. Norm Eisen, Barry Berke, Joshua national security more than to with- Despite this effort, she decided to Matz, Doug Letter, Sarah Istel, Ashley hold from a foreign ally fighting a hot honor a duly authorized congressional Etienne, Terri McCullough, Dick war against our adversary hundreds of subpoena and to speak the truth to the Meltzer, and Wyndee Parker. Some of millions of dollars of military aid to American people. For this, she was the those staff, including some singled out buy sniper rifles, rocket-propelled gre- subject of yet more smears against her in this Chamber, have been made to en- nade launchers, radar and night vision career and her character even as she dure the most vicious false attacks to goggles, so that they may fight the war testified in a public hearing before the point where they feel their lives over there, keeping us safe here? Congress. Her courage mattered. have been put at risk. If we allow the President’s mis- People like Ambassador Bill Taylor, The attacks on them degrade our in- conduct to stand, what message do we a West Point graduate who wears a stitution and all who serve in it. You

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.007 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S778 CONGRESSIONAL RECORD — SENATE February 3, 2020 have asked me why I hired certain of Mr. Counsel CIPOLLONE. Thank alone; he spoke frequently about free- my staff, and I will tell you—because you, Mr. Chief Justice, Majority Lead- dom and justice. And in his speeches he they are brilliant, hard-working, patri- er MCCONNELL, Democratic Leader summoned up regularly the words of a otic, and the best people for the job, SCHUMER, Senators. Thank you very Unitarian abolitionist from the prior and they deserve better than the at- much, on behalf of all of us, for your century, Theodore Parker, who re- tacks they have been forced to suffer. continued attention. Today we are ferred to the moral arc of the uni- Members of the Senate, Mr. Chief going to complete our argument and verse—the long moral arc of the uni- Justice, I want to close this portion of finish our closing argument. We will verse points toward justice—freedom our statement by reading you the complete that in a very efficient period and justice—freedom, whose contours words of our dear friend and former of time. have been shaped over the centuries in colleague in the House, the late Elijah You understand the arguments that the English-speaking world by what Cummings, who said this on the day we have been making, and at the end of Justice Benjamin Cardozo called the the Speaker announced the beginning the day, the key conclusion—we be- authentic forms of justice through of the impeachment inquiry: lieve, the only conclusion—based on which the community expresses itself As elected Representatives, [he said], of the evidence and based on the Articles in law. Authentic. Authenticity. the American people, we speak not only for of Impeachment themselves and the And at the foundation of those au- those who are here with us now, but for gen- Constitution is that you must vote to thentic forms of justice is fundamental erations yet unborn. Our voices today are acquit the President. At the end of the fairness. It is playing by the rules. It is messages to a future we may never see. When day, this is an effort to overturn the why we don’t allow deflated footballs the history books are written about this tu- multuous era, I want them to show that I results of one election and to try to or stealing signs from the field. Rules was among those in the House of Representa- interfere in the coming election that are rules. They are to be followed. tives who stood up to lawlessness and tyr- begins today in Iowa. And we believe And so I submit that a key question anny. that the only proper result, if we are to be asked as you begin your delibera- We, the managers, are not here rep- applying the golden rule of impeach- tions: Were the rules here faithfully resenting ourselves alone or even just ment, if we are applying the rules of followed? If not, if that is your judg- the House, just as you are not here impeachment that were so eloquently ment, then, with all due respect, the making a determination as to the stated by Members of the Democratic prosecutors should not be rewarded, President’s guilt or innocence for your- Party the last time we were here—the just as Federal prosecutors are not re- selves alone. No, you and we represent only appropriate result here is to ac- warded. You didn’t follow the rules. the American people, the ones at home quit the President and to leave it to You should have. and at work who are hoping that their the voters to choose their President. As a young lawyer, I was blessed to country will remain what they have al- With that, I will turn it over to work with one of the great trial law- ways believed it to be: a beacon of Judge Ken Starr, and we will move yers of his time, and I asked him: Dick, hope, of democracy, and of inspiration through a series of short presentations. what’s your secret? to those striving around the world to Thank you. He had just defended, successfully, a create their own more perfect unions— Mr. Counsel STARR. Mr. Chief Jus- former United States Senator who was for those who were standing up to law- tice, Members of the Senate, Majority charged with a serious offense—perjury lessness and to tyranny. Leader MCCONNELL, Democratic Leader before a Federal grand jury. His re- Donald Trump has betrayed his oath SCHUMER, House impeachment man- sponse was simple and forthright. His to protect and defend the Constitution, agers and their very able staff, as words could have come from prairie but it is not too late for us to honor World War I, the war to end all wars, lawyer Abe Lincoln: I let the judge and ours and to wield our power to defend was drawing to a close, an American the jury know that they can believe our democracy. As President Abraham soldier sat down at a piano and com- and trust every word that comes out of Lincoln said at the close of his Cooper posed a song. It was designed to be part my mouth. I will not be proven wrong. Union Address on February 27, 1860, of a musical review for his Army camp So here is a question, as you begin ‘‘[n]either let us be slandered from our out on Long Island, Suffolk County. your deliberations: Have the facts as duty by false accusations against us, The song was ‘‘God Bless America.’’ presented to you as a court, as the nor frightened from it by menaces of The composer, of course, was Irving High Court of Impeachment, proven destruction to the Government nor of Berlin, who came here at the age of 5, trustworthy? Has there been full and dungeons to ourselves. Let us have the son of immigrants who came to fair disclosure in the course of these faith that right makes might, and in this country for freedom. proceedings? Fundamental fairness? that faith, let us, to the end, dare to do As composers are wont to do, Berlin I recall these words from the podium our duty as we understand it.’’ worked very carefully with the lyrics. last week. A point would be made by Today, we urge you—in the face of The song needed to be pure. It needed one of the President’s lawyers, and overwhelming evidence of the Presi- to be above politics, above partisan- then this would follow: The House dent’s guilt and knowing that, if left in ship. He intended it to be a song for all managers didn’t tell you that. Why office, he will continue to seek foreign America, but he intended it to be more not? And again: The House managers interference in the next election—to than just a song. It was to be a prayer didn’t tell you that. Why not? vote to convict on both Articles of Im- for the country. At the Justice Department, on the peachment and to remove from office, As your very distinguished Chaplain, fifth floor of the Robert F. Kennedy Donald J. Trump, the 45th President of RADM Barry Black, has done in his Building, is this simple inscription: the United States. prayers on these long days that you ‘‘The United States wins its point Mr. Chief Justice, we reserve the bal- have spent as judges in the High Court whenever justice is done its citizens in ance of our time. of Impeachment, we have been re- the courts.’’ Not did we win, not did we The CHIEF JUSTICE. The majority minded of what our country is all convict; rather, the moral question: leader is recognized. about and that it stands for one nation Was justice done? RECESS under God. Nation is about freedom. Of course, as has been said fre- Mr. MCCONNELL. Mr. Chief Justice, And we hear the voice of Martin Lu- quently, the House of Representatives colleagues, we will take a 30-minute ther King, Jr., and his dream-filled does, under our Constitution, enjoy the break for lunch. speech about freedom echoing the great sole power of impeachment. No one has There being no objection, at 12:02 passages inscribed on America’s temple disputed that fact. They have got the p.m., the Senate, sitting as a Court of of justice, the Lincoln Memorial, which power, but that doesn’t mean that any- Impeachment, recessed until 12:51 p.m.; stood behind Dr. King as he spoke on thing goes. It doesn’t mean that the whereupon the Senate reassembled that historic day. Dr. King is gone, House cannot be called to account in when called to order by the CHIEF JUS- felled by an assassin’s bullet, but his the High Court of Impeachment for its TICE. words remain with us. And during his actions in exercising that power. The CHIEF JUSTICE. The Senate magnificent life, Dr. King spoke not A question to be asked: Are we to will come to order. only about freedom, freedom standing countenance violations of the rules and

VerDate Sep 11 2014 03:19 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.008 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S779 traditional procedures that have been entirely from their favorite media plat- said that the call was ‘‘good,’’ ‘‘nor- followed scrupulously in prior im- form, and that platform of choice is fa- mal,’’ and ‘‘no [one] pushed me.’’ peachment proceedings? And the Judi- tally deterministic. President Zelensky’s top adviser, ciary Committee, the venerable Judici- Well, at least the decision of decision Andriy Yermak, was asked if he had ary Committee of the House of Rep- makers under oath, who are bound by ever felt there was a connection be- resentatives—compare and contrast sacred duty, by oath, or affirmation to tween the U.S. military aid and the re- the thoroughness of that committee in do impartial justice, leaves the plat- quest for investigations. He was ada- the age of Nixon, its thoroughness in forms out. Those modern-day inter- mant that ‘‘we never had that feeling. the age of Clinton with all of its divi- mediaries and shapers of thought, of . . . We did not have the feeling that siveness within the committee in this expression, of opinion, are outside this aid was connected to any one spe- proceeding. these walls where you serve. cific issue.’’ Several other top Ukrain- A question to be asked: Did the Finally, does what is before this ian officials have said the same both House Judiciary Committee rush to court—very energetically described by publicly and in readouts of the July 25 judgment in fashioning the Articles of the able House managers but fairly call to Ambassador Taylor, Ambas- Impeachment? Did it carefully gather viewed—rise to the level of a high sador Volker, and others. the facts, assess the facts before it con- crime or misdemeanor, one so grave Third, President Zelensky and the cluded? We need nothing more than the and so serious to bring about the pro- highest levels of the Ukrainian Govern- panel of very distinguished professors found disruption of the article II ment did not learn of the pause until and the splendid presentations by both branch, the disruption of the govern- August 28, 2019—more than a month the majority counsel and the minority ment, and to tell the American peo- after the July 25 call between Presi- counsel. ple—and, yes, I will say this is the way dent Trump and President Zelensky. We asked some questions. The Repub- it would be read—‘‘Your vote in the President Zelensky himself said: licans asked some questions. We heard last election is hereby declared null I had no idea the military aid was held up. their answers. We are ready to vote. We and void. And by the way, we are not When I did find out, I raised it with Pence at are ready to try this case in the High going to allow you, the American peo- a meeting in Warsaw. Court of Impeachment. ple, to sit in judgment on this Presi- Referring to the Vice President. What was being said in the sounds of dent and his record in November’’? The meeting in Warsaw took place 3 silence was this: We don’t have time to That is neither freedom, nor is it jus- days after the POLITICO article was follow the rules. We won’t even allow tice. It is certainly not consistent with published, on September 1, 2019. the House Judiciary minority mem- the most basic freedom of ‘‘we the peo- Mr. Yermak likewise said that Presi- bers, who have been beseeching us time ple,’’ the freedom to vote. dent Zelensky and his key advisers and again, to have their day—just one I thank the court. learned of the pause only from the Au- day—to call their witnesses. Oh yes, I yield to my colleague, Mr. Purpura. gust 28 POLITICO article. that is expressly provided for in the Mr. Counsel PURPURA. Mr. Chief Just last week, while we were in this rules, but we will break those rules. Justice, Members of the Senate, good trial, Oleksandr Danylyuk, former That is not liberty and justice for all. afternoon. I will be relatively brief chairman of Ukraine’s National Secu- The great political scientist of yes- today and will not repeat the argu- rity and Defense Council, said he first teryear, Richard Neustadt of Columbia, ments that we have made throughout, found out that the United States was observed that the power of the Presi- but I want to highlight a few things. withholding aid to Ukraine by reading dent is ultimately the power to per- There are a number of reasons why POLITICO’s article published August suade—oh yes, the Commander in the Articles of Impeachment are defi- 28. Mr. Danylyuk also said there was Chief, and, yes, charged with the con- cient and must fail. My colleagues have panic within the Zelensky administra- duct and authority to guide the Na- spent the past week describing those tion when they found out about the tion’s foreign relations, but ultimately reasons. In my time today, I would like hold from the POLITICO article, indi- it is the power to persuade. to review just a few core facts, which, cating that the highest levels of the ad- I suggest to you that so, too, the again, remember, are all drawn from ministration were unaware of the House’s sole power to impeach is like- the record on which the President was pause until the article was published. wise ultimately a power to persuade impeached in the House and that the If that is not enough, Ambassador over in the House. House managers brought to this body Volker, Ambassador Taylor, Deputy A question to be asked: In the fast- in support of the President’s removal. Assistant Secretary of State George track impeachment process in the First, the President did not condition Kent, and Mr. Morrison also testified House of Representatives, did the security assistance or a meeting on that the Ukrainians did not know House majority persuade the American anything during the July 25 call. In about the security hold until the PO- people—not just partisans; rather, did fact, both Ambassador Yovanovitch LITICO article on August 28. We the House’s case win over the over- and Mr. Tim Morrison confirmed that showed you the text message from Mr. whelming majority of consensus of the the Javelin missiles and the security Yermak to Ambassador Volker just American people? assistance were completely unrelated. hours after the POLITICO article was The question fairly to be asked: Will The concerns that Lieutenant Colo- published. You also remember all of I cast my vote to convict and remove nel Vindman expressed on the call the high-level, bilateral meetings at the President of the United States were, by his own words and admission, which the Ukrainians did not bring up when not a single member of the Presi- based on deep policy concerns. the pause in the security assistance be- dent’s party—the party of Lincoln— And remember, as we said before and cause they did not know about it. was persuaded at any time in the proc- everyone in this room knows, the When they did find out on August 28, ess? President sets the foreign policy; the they raised the issue at the very next In contrast, and when I was here last unelected staff implements the foreign meeting in Warsaw on September 1. week, I noted for the record of these policy. This is a really important point. As proceedings that in the Nixon impeach- Others on the call, including Lieuten- Ambassador Volker testified, if the ment, the House vote to authorize the ant Colonel Vindman’s boss, Mr. Morri- Ukrainians didn’t know about the impeachment inquiry was 410 to 4. In son, as well as LTG Keith Kellogg, had pause, then there was no leverage im- the Clinton impeachment—divisive, no such concerns and have stated that plied. That is why the House managers controversial—31 Democrats voted in they heard nothing improper, unlawful, have kept claiming and continued to favor of the impeachment inquiry. or otherwise troubling on the July 25 claim throughout the trial that the Here, of course, and in sharp contrast, call. high-level Ukrainians somehow knew the answer is, none. Second, President Zelensky and his about the pause before late August. It is said that we live in highly and top advisers agreed that there was That is inaccurate. perhaps hopelessly partisan times. It is nothing wrong with the July 25 call We pointed out that Laura Cooper, said that no one is open to persuasion and that they felt no pressure from on whom they rely, testified she didn’t anymore. They are getting their news President Trump. President Zelensky really know what the emails she saw

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.011 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S780 CONGRESSIONAL RECORD — SENATE February 3, 2020 relating to security assistance were The only reasons we were holding the 11 call gave the President the con- about. money was because of concern about lack of fidence he needed to approve the re- We told you that Catherine Croft, support from other nations and concerns lease of the security sector assistance, who worked for Ambassador Volker, over corruption. Accordingly, Mr. Mulvaney all without any investigations being couldn’t remember the specifics of in no way confirmed the link between the paused security assistance and investiga- announced. when she believed the Ukrainian Em- tions. A garbled or misinterpreted statement Now, I focused so far on the House bassy learned of the pause and that she or a mistaken statement that is promptly managers’ allegation that there was a didn’t remember when news of the clarified on the same day as the original quid pro quo for the security assist- pause became public. statement is not the kind of reliable evi- ance. Let me turn very briefly to the The House managers also mentioned dence that would lead to the removal of the claim that a Presidential meeting was Lieutenant Colonel Vindman, who President of the United States from office. In also conditioned on investigations. Re- claimed to have vague recollections of any event, Mr. Mulvaney also stated during member, by the end of the July 25 call, the press conference itself that the money fielding unspecified queries about aid President Trump had personally in- from Ukrainians in the mid-August held up had absolutely nothing to do with Biden. vited President Zelensky to meet three timeframe. But Lieutenant Colonel Now, why does this all matter? I times—twice by phone, once in a letter, Vindman ultimately agreed that the without any preconditions. You heard Ukrainians first learned about the hold think Senator ROMNEY really got to the heart of this issue on Thursday the White House was working behind on security assistance probably around the scenes to schedule the meeting and when the first stories emerged in the evening when he asked both parties whether there is any evidence that how difficult scheduling those meet- open source. ings can be. The two Presidents Former Deputy Foreign Minister President Trump directed anyone who planned to meet in Warsaw, just as Olena Zerkal’s claim that she knew tell the Ukrainians that security as- President Zelensky requested on the about the pause in July is inconsistent sistance was being held up on the con- July 25 call. President Trump had to with statements by her boss, the then- dition of an investigation into the cancel at the last minute due to Hurri- Foreign Minister of Ukraine, who said Bidens. That was the question. There is cane Dorian. President Trump and that he learned of the pause from a no such evidence. President Zelensky then met 3 weeks news article, of which the August 28 Fifth, the security assistance was re- later in New York without Ukraine an- POLITICO article was the first, as well leased when the President’s concerns nouncing any investigations. as those of all of the other top-level with burden-sharing and corruption Ukrainian officials I have mentioned, were addressed by a number of people, Finally, one thing that the House the testimony of the top U.S. dip- including some in this Chamber today, managers’ witnesses agreed upon was lomats responsible for Ukraine, and the without Ukraine ever announcing or that President Trump has strengthened many intervening meetings at which undertaking any investigations. You the relationship between the U.S. and the pause was not mentioned. have heard repeatedly that no one in Ukraine and has been a better friend to Fourth, none of the House witnesses the administration knew why the secu- Ukraine and a stronger opponent of testified that President Trump ever rity assistance was paused. That is not Russian aggression than President said there was any linkage between se- true. Two of the House managers’ own Obama. Most notably, Ambassador curity assistance and investigations. witnesses testified regarding the rea- Taylor, Ambassador Volker, and Am- When Ambassador Sondland asked the son for the pause. As Mr. Morrison tes- bassador Yovanovitch all testified that President on approximately September tified at a July meeting attended by of- President Trump’s reversal of his pred- 9, the President told him: ficials throughout the executive branch ecessor’s refusal to send the Ukrain- I want nothing. I want nothing. I want no agencies, the reason provided for the ians lethal aid was a meaningful and quid pro quo. pause by a representative from the Of- significant policy development and im- Before he asked the President, Am- fice of Management and Budget was provement for which President Trump bassador Sondland presumed and told that the President was concerned deserves credit. Ambassador Taylor and Mr. Morrison about corruption in Ukraine and he Just last week, Ambassador Volker, that there was a connection between wanted to make sure Ukraine was who knows more about U.S.-Ukraine the security assistance and the inves- doing enough to manage that corrup- relationships than nearly, if not, every- tigations. That was before he asked the tion. Further, according to Mark one, published a piece in Foreign Pol- President directly. Sandy, Deputy Associate Director for icy magazine. I would like to read you Even earlier, on August 31, Senator National Security, Office for Manage- an excerpt: RON JOHNSON asked the President if ment and Budget, we had received re- Beginning in mid-2017, and continuing there was any connection between se- quests for additional information on until the impeachment investigation began curity assistance and investigations. what other countries were contributing in September 2019, U.S. policy toward The President answered: to Ukraine. Ukraine was strong, consistent, and enjoyed We told you about the work that was support across the administration, bipar- No way. I would never do that. Who told tisan support in Congress, and support upon you that? being done to monitor and collect in- formation about anti-corruption re- U.S. allies and in Ukraine itself. Under Secretary of State David Hale, forms in Ukraine and burden-sharing The Trump administration also coordi- Mr. Kent, and Ambassador Volker all during the summer pause. We told you nated Ukraine policy closely with allies in testified that they were not aware of Europe and Canada—maintaining a united about how, when President Zelensky any connection whatsoever between se- front against Russian aggression and in asked Vice President PENCE in Poland curity assistance and investigations. favor of Ukraine’s democracy, reform, sov- about the pause, Vice President PENCE The House managers repeatedly point ereignty, and territorial integrity. Ukraine to a statement by Acting Chief of Staff asked, according to Jennifer Williams, policy is one of the few areas where U.S. and European policies have been in lockstep. The Mick Mulvaney during an October what the status of his reform efforts were that he could then convey back to administration lifted the Obama-era ban on press conference. When it became clear the sale of lethal arms to Ukraine, deliv- that the media was misinterpreting his the President and also wanting to hear if there was more that European coun- ering, among other things, Javelin anti-tank comments or that he had simply missiles, coast guard cutters, and anti-sniper tries could do to support Ukraine. Mr. misspoken, Mr. Mulvaney promptly, on systems. Despite the recent furor over the the very day of the press conference, Morrison, who was actually at the War- pause in U.S. security assistance this past issued a written statement making saw meeting, testified similarly that summer, the circumstances of which are the clear that there was no quid pro quo. Vice President PENCE delivered a mes- topic of impeachment hearings, U.S. defen- sive support for Ukraine has been and re- Here is his statement: sage about anti-corruption and burden- sharing. mains robust. Let me be clear, there was absolutely no We told you about the September 11 quid pro quo between Ukrainian military aid And more, according to Ambassador and any investigation into the 2016 election. call with President Trump, Senator Volker: The president never told me to withhold any PORTMAN, and Vice President PENCE. It is therefore a tragedy for both the money until the Ukrainians did anything re- Mr. Morrison testified that the entire United States and Ukraine that U.S. par- lated to the server. process culminating in the September tisan politics, which have culminated in the

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.012 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S781 ongoing impeachment process, have left the ability to be present through coun- even though the White House offered to Ukraine and its new reform-minded presi- sel to cross-examine witnesses and engage in an accommodations process. dent, Volodymyr Zelensky, exposed and rel- present evidence fundamentally There was no attempt by the House to atively isolated. The only one who benefits skewed the proceedings in the House of use other mechanisms to resolve the from this is Russian President Vladimir Putin. Representatives. It left the President differences with the executive branch. without the ability to have a fair pro- It was just straight to impeachment. Those are the words of Ambassador ceeding, and it meant it reflected the Now, they asserted today and on Volker. He was one of the House man- fact that those proceedings were not other occasions that the President’s agers’ key witnesses. He was the very truly designed as a search for truth. We counsel—that I and my colleagues— first witness to testify in the House have procedural protections. We have have made bad-faith legal arguments. proceedings on October 3. So I think it the right of cross-examination as a They were just window dressings. is fitting that he may be the last wit- mechanism for getting to the facts, and In an ordinary court of law, one ness we hear from. In his parting that was not present in the House of doesn’t accuse opposing counsel of words, Ambassador Volker admonishes Representatives. making bad-faith arguments like that, that it is U.S. partisan politics which Lastly, Manager SCHIFF, as an inter- and if you make that accusation, it has have culminated in this impeachment ested witness who had been involved to be backed up with analysis, but process that have imperiled Ukraine. in—or at least his staff—discussions there hasn’t been analysis here. There In sum, the House managers’ case is with the whistleblower, then guided has just been accusation. not overwhelming, and it is not undis- factual inquiry in the House. When the President asserts the im- puted. The House managers bear the So why does all of this matter? It very heavy burden of proof. They did munity of his senior advisers, that is a matters because the lack of a vote principle that has been asserted by vir- not meet it. It is not because they meant that there was no democratic didn’t get the additional witnesses or tually every President since Nixon. Let accountability and no lawful author- me read you what Attorney General documents that they failed to pursue. ization from the beginning of the proc- It is because their witnesses have al- Janet Reno, during the Clinton admin- ess. It meant that there were proce- istration, said about this exact immu- ready offered substantial evidence un- dural defects that produced a record dermining their case, and, important, nity. She said that immediate advisers that this Chamber can’t rely on for any to the President are immune from as you have heard from Professor conclusion other than to reject the Ar- Dershowitz and from Mr. Philbin, the being compelled to testify before Con- ticles of Impeachment and to acquit gress. ‘‘The immunity such advisers first article does not support or allege the President. And it matters because an impeachable offense regardless of enjoy from testimonial compulsion by the President, in response to these vio- a congressional committee is absolute any additional witnesses or documents. lations of the President’s rights—the Members of the Senate, it has been and may not be overborne by com- failure to follow proper procedure, fail- peting congressional interests.’’ an incredible honor and privilege to ure to follow the law—has rights of his And she went onto say: ‘‘Compelling speak to you in this Chamber. I hope own, rights of the executive branch to one of the President’s immediate advis- that what I have shown has been help- be asserted. And that is the President’s ers to testify on a matter of executive ful to your understanding of the facts, response to the invalid subpoenas— decision-making would also raise seri- and I respectfully ask you to vote to that they are invalid, and we are not ous constitutional problems, no matter acquit the President of the wrongful going to comply with them. charges against him. And the President asserted other the assertion of congressional need.’’ I yield to Mr. Philbin. rights of the executive branch. When Was that bad faith? Was Attorney Mr. Counsel PHILBIN. Mr. Chief Jus- there were subpoenas for his senior ad- General Reno asserting that principle tice, Members of the Senate, we have visers to come and testify, along with in bad faith, and President Clinton? heard repeatedly throughout the past virtually every President since Nixon, President Obama asserted the same week and a half or so that the Presi- he asserted the principle of immunity principle for his senior political advis- dent is not above the law, and I would of the senior advisers, that they could ers. Was that bad faith? like to focus in my last remarks here not be called to testify. And the Presi- Of course not. on an equally important principle— dent asserted the defects in the sub- These are principles defending the that the House of Representatives also poenas that called for executive branch separation of powers that Presidents is not above the law in the way they officials to testify without the presence have asserted for decades. President conduct the impeachment proceedings of agency counsel—all established prin- Trump was defending the institutional and bring a matter here before the Sen- ciples that have been asserted before. interests of the Office of the Presi- ate, because in very significant and im- What do the House managers say in dency and is asserting the same prin- portant respects, they didn’t follow the response? They accuse the President in ciples here. That is vital for the contin- law. their second article of impeachment of ued operation of the separation of pow- From the outset, they began an im- trying to assert obstruction—that this ers. peachment inquiry here without a vote was an unprecedented response and un- The House managers have also said from the House and, therefore, without precedented refusal to cooperate. It that, once the President asserted these lawful authority delegated to any com- was unprecedented the 23 subpoenas defects in their subpoenas and resisted mittees to begin an impeachment in- were issued in a Presidential impeach- them, they had no time to do anything quiry against the President of the ment inquiry without valid authoriza- else. They had to go straight to im- United States. That was unprecedented tion from the House. The President’s peachment. They could not accommo- in our history. The Speaker of the response was to a totally unprece- date. They could not go through a con- House does not have authority, by dented attempt by the House to do that tempt process. They could not litigate. holding a press conference, to delegate which it had no authority to do. They The idea that there is no time for the sole power of impeachment from have asserted today and on other occa- dealing with that friction with the ex- the House to a committee, and the re- sions that the President’s legal argu- ecutive branch is really antithetical to sult was 23 totally unauthorized and ment in response to these subpoenas— the proper functioning of the separa- invalid subpoenas were issued at the they have said that it is indiscrimi- tion of powers. It goes against part of beginning of this impeachment hear- nate. There was just a blanket defi- the way the separation of powers is ing. ance. I think I have shown that wasn’t supposed to work. That interbranch After that, the House violated every true. There were three very specific friction is meant to take time to re- principle of due process and funda- legal rationales provided by the execu- solve. It is meant to slow things down mental fairness in the way the hear- tive branch as to different defects and and to be somewhat difficult to work ings were conducted, and we have been different subpoenas, and there were let- through and to force the branches to through that. I am not going to go ters explaining those defects. But there work together to accommodate the in- through the details again, but it is sig- was no attempt by the House to at- terests of each branch, not just to jump nificant because denying the President tempt an accommodations process, to the conclusion of, well, we have no

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.013 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S782 CONGRESSIONAL RECORD — SENATE February 3, 2020 time for that. We have to assert abso- if it were accepted, it would fundamen- tending their scepters over men, but it lute authority on one side of the equa- tally alter the balance between the dif- is prescient nonetheless. We might not tion. ferent branches of our government. be comfortable with the terms, but it is This is something that Justice Bran- It would suggest—and Professor accurate for what can happen, and that deis pointed out in a famous dissent in Turley explained this, and Professor is what has happened in this impeach- Myers v. United States, but it has since Dershowitz explained it here—that, if ment. been cited many times by the Court Congress makes a demand on the exec- This was a purely partisan, political majority. utive and the executive resists based process. It was opposed bipartisanly in He said: ‘‘The doctrine of the separa- on separation of powers principles that the House. It was done by a process tion of powers was adopted by the Con- past Presidents have asserted, Congress that was not designed to persuade any- vention of 1787, not to promote effi- can nonetheless say: We have decided one or to get to the truth or to provide ciency’’—so he is saying not to make to proceed by impeachment. process and abide by past precedents. It government move quickly—‘‘but to This is the principle they assert in was done to get it finished by Christ- preclude the exercise of arbitrary the House Judiciary Committee’s re- mas, on a political timetable, and it is power. The purpose was not to avoid port: We have the sole power of im- not something that this Chamber friction but, by means of the inevitable peachment. That means we are the sole should condone. That in itself provides friction incident to the distribution of judge of our own actions. There is no a sufficient and substantial reason for the governmental powers among the need for accommodation, and there is rejecting the Articles of Impeachment. three departments, to save the people no need for the courts. We will deter- Members of the Senate, it has been from autocracy.’’ mine that any resistance you provide is an honor to be able to address you over That is a vitally important principle. itself impeachable. the past week and a half or 2 weeks, The friction between the branches, That would fundamentally transform and I thank you for your attention. even if it means taking longer, even if our government by essentially giving I yield to Mr. Sekulow. it means not jumping straight to im- the House the same sort of power as a Mr. Counsel SEKULOW. Mr. Chief peachment, is part of the constitu- parliamentary system—to use im- Justice, Majority Leader MCCONNELL, tional design, and it is required to peachment as an effective vote of ‘‘no Democratic Leader SCHUMER, House force the branches to determine incre- confidence’’ against a Prime Minister. managers, I want to join my colleagues mentally where their interests lie, to This is not the way the Framers set up in thanking you for your patience over resolve disputes incrementally, and not our three-branch system of government these 2 weeks. to jump straight to the ultimate nu- with a powerful Executive who would I want to focus on one last point. We clear weapon of the Constitution. be independent from the legislature. believe that we have established over- We have also heard from the House That is why Professor Turley explained whelmingly that both Articles of Im- managers that everything the Presi- that the second Article of Impeach- peachment have failed to allege im- dent did here in asserting the preroga- ment here would be an abuse of power peachable offenses and that, therefore, tives of his office—in asserting the by Congress. It would make the Execu- both articles—I and II—must fail. principles of immunity—must be tive dependent on Congress in a man- This entire campaign of impeach- wrong, must be rejected because only ner antithetical to the system that the ment—that started from the very first the guilty will assert a privilege; only Framers had envisioned. day the President was inaugurated—is the guilty will not allow evidence. So why is it that there are all of a partisan one, and it should never hap- That is definitely not a principle of these defects in the House managers’ pen again. For 3 years, this push for American jurisprudence. It is antithet- case for impeachment? Why are they impeachment came straight from the ical to the fundamental principles of asserting principles like ‘‘only the President’s opponents, and when it fi- our system of laws. As we have pointed guilty would assert privileges’’? That is nally reached a crescendo, it put this out in our trial memorandum in not a part of our system of law. Why body—the U.S. Senate—into a horrible Bordenkircher v. Hayes and in other are they asserting that, if the Execu- position. decisions, the Supreme Court has made tive resists, the House has the sole I want to start by taking a look clear that the very idea of punishing power to determine the boundaries of back. someone for asserting rights or privi- its own power in relation to the Execu- On the screen is a graphic of a Wash- leges or suggesting that asserting the tive? That is also not something that is ington Post headline on January 20, right or privilege is evidence of guilt is in our system of jurisprudence. And 2017: ‘‘The Campaign to impeach Presi- contrary to basic principles of due why the lack of due process in the pro- dent Trump has begun.’’ This was post- process. ceedings below? ed 19 minutes after he was sworn in. It takes on an even more malignant I think, as we have explained, it is I also want to play a video in which tenor to it when that principle is as- because this was a purely partisan im- Members, as early as January 15, 2017— serted in the context of a dispute be- peachment from the start. It was pure- before the President was sworn into of- tween the branches relating to the ly partisan and purely political, and fice—were calling for his impeachment. boundaries of their relative powers, be- that is something that the Framers (Text of Videotape presentation:) cause what the House is essentially as- foresaw. Mr. RASKIN. Let me say this for Donald serting in this case is that any asser- I will point to one passage from Fed- Trump, whom I may well be voting to im- tion of the prerogatives of the Office of eralist No. 65. There are a number of peach. Mr. ELLISON. I think that Donald Trump the President—any attempt to main- different passages from that which has already done a number of things which tain the principles of separation of have been cited over the course of the have legitimately raised a question of im- powers of executive confidentiality past week, but I don’t think this one peachment. that have been asserted by past Presi- has. It is just after Hamilton points Ms. WATERS. And I will fight every day dents—can be treated by the House as out—he warns—that an impeachment until he is impeached. evidence of guilt. And here, their entire in the House could be the result of the Mr. GREEN of Texas. I rise today, Mr. second Article of Impeachment is ‘‘persecution of an intemperate or de- Speaker, to call for the impeachment of the President of the United States of America. structured on the assumption that the signing majority in the House of Rep- Mr. COHEN. The main reason I’m inter- House can treat the assertion of prin- resentatives.’’ ested is not so much to win the Senate, ciples grounded in the separation of Then he goes on: ‘‘Though this latter which is a byproduct, but it’s because I think powers as an impeachable offense. supposition may seem harsh, and he has committed impeachable offenses. Boiled down to its essence, it is an might not be likely often to be Mr. CASTRO of Texas. But if we get to assertion that defending the separation verified, yet it ought not to be forgot- that point, then, yes, I think that’s grounds of powers—if the President does it in a ten that the demon of faction will, at to start impeachment. Mr. COHEN. So we’re calling upon the way that they don’t like and in a time certain seasons, extend his sceptre over House to begin impeachment hearings imme- that they don’t like—can be treated as all numerous bodies of men.’’ diately. an impeachable offense. That is an in- Now, that is very 18th century lan- Question. Why do you think specifically he credibly dangerous assertion because, guage. We don’t talk about demons ex- should be impeached?

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.015 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S783 Mr. ESPAILLAT. Well, there are five rea- an election and the subversion of the released them anyway in order to fa- sons why we think he should be impeached. American people’s will. That should be cilitate the House’s inquiry and cut Question. On the impeachment of Donald whatever party you are affiliated with. through all of it—all of the hearsay, all Trump, how would you vote? You are being asked to do this when, of the histrionics—to get the transcript Ms. OMAR. I would vote yes. Ms. OCASIO-CORTEZ. I would vote to im- tonight, the citizens of Iowa are going out. peach. to be caucusing for the first caucus of Now, I want to take a moment be- Ms. TLAIB. Because we’re going to im- the Presidential election season for the cause my colleague Deputy White peach the [bleep]. Democratic Party—tonight. House Counsel Pat Philbin addressed Mr. SHERMAN. I introduced the Articles I think there is one thing that is this idea of privilege. I have heard over of Impeachment in July of 2017. All I did yes- clear. The President has had a concern and over again—and you have, too— terday was make sure that those articles did about other countries’ carrying their phrases like: coverup; that the asser- not expire. fair share of burden of financial aid. No tion of a privilege is a coverup. Mr. GREEN of Texas. I am concerned that, Here is what the Supreme Court of if we don’t impeach this President, he will one can doubt—and I think we have get reelected. clearly set forth—the issue of corrup- the United States has said about privi- Ms. WARREN. It is time to bring impeach- tion in Ukraine. leges in a variety of contexts: ment charges against him. The President’s and the administra- To punish a person because he has done Mr. NADLER. My personal view is that he tion’s policy on evaluating foreign aid what the law allows him to do is a due proc- richly deserves impeachment. and the conditions upon which it is ess violation of the [basic order]—the . . . Mr. Counsel SEKULOW. One of the given have been clear. Mr. Purpura laid basic sort, and for an agent of the state to Members of the House of Representa- that out in great detail. pursue a course of action whose objective is to penalize a person’s reliance on his con- tives said that we are bringing these The bottom line is that the Presi- dent’s opponents don’t like the Presi- stitutional rights is patently unconstitu- Articles of Impeachment so he doesn’t tional. get elected again. dent, and they really don’t like his policies. They objected to the fact that And how much more so when you are Here we are, 10 months before an talking about the President of the election, doing exactly what they pre- the President chose not to rely each and every time on the advice of some of United States. dicted. The whistleblower’s lawyer, Mr. How about this? And this goes to the his subordinates, even though he, not Zaid, sent out a tweet on January 30, context of assertions of privilege and those unelected bureaucrats who work 2017. other constitutional privileges. The al- Let me put that up on the screen: for him, were elected to office. The President, under our constitu- legation has been that if you assert a The #coup has started. First of many steps. privilege, you are assumed to be guilty. #rebellion. #impeachment will follow ulti- tional structure, is the one who decides our Nation’s foreign policy. Here is a That has been the assertion. mately. Why would you do that? We have ex- And here we are. perfect example—the House managers brought this up frequently: Lieutenant plained at great length—and I do not What this body, what this Nation, want to go over that again—the impor- and what this President have just en- Colonel Vindman. He admitted on page 155 of his transcript testimony that he tance of the executive privilege and dured—what the House managers have what it means to separation of powers forced upon this great body—is unprec- ‘‘did not know if there was a crime or anything of that nature’’—that is his and the functioning of our government, edented and unacceptable. This is ex- but I will say this: As the Supreme actly and precisely what the Founders quote—but that he ‘‘had deep policy concerns.’’ So there you have it. The Court has recognized in other contexts feared. This was the first totally par- with other privileges, the privilege tisan Presidential impeachment in our real issue is policy disputes. Elections have consequences. We all serves to protect the innocent who oth- Nation’s history, and it should be our know that. And if you do not like the erwise might be ensnared by ambig- last. policies of a particular administration uous circumstances. What the House Democrats have done or a particular candidate, you are free In another Supreme Court case, to this Nation, to the Constitution, to and welcome to vote for another can- Quinn v. The United States: ‘‘The the Office of the President, to the didate. But the answer is elections, not privilege, this Court has stated, was President himself, and to this body is impeachment. generally regarded then, as now, as a outrageous. They have cheapened the To be clear, in our country, in the privilege of great value, a protection to awesome power of impeachment, and, United States, the President, elected the innocent . . . ’’ The opinion goes on unfortunately, of course, the country is by the American people, is, in the to say that ‘‘safeguard against heed- not better for that. words of the Supreme Court, ‘‘the sole less, unfounded or tyrannical prosecu- We urge this body to dispense with organ of the federal government in the tions.’’ these partisan Articles of Impeachment field of international relations’’ and I traced for you, and I am not going for the sake of the Nation, for the sake foreign policy for our government—no to do it again, how all of this started of the Constitution. unelected bureaucrats, not unhappy all those years ago, 3 years ago—how As we have demonstrably proved, the Members of the House of Representa- all of this began. There is no point to articles are flawed on their face. They tives. And however you were to define go over that because that evidence is were the product of a reckless im- ‘‘high crimes and misdemeanors,’’ undisputed, and the FISA Court’s most peachment inquiry that violated all no- there is no definition that includes dis- recent orders put that into fair play. tions of due process and fundamental agreeing with a policy decision as an We have talked about the fact that fairness. Then incredibly—incredibly— acceptable ground for removal of a the House violated its own funda- when these articles were finally President of the United States. None. mental rules in a series of unlawful brought to this Chamber without a sin- The first Article of Impeachment is, subpoenas. I won’t go over that again. gle Republican vote, the managers then therefore, constitutionally invalid and Mr. Philbin laid that out in great de- claimed that now—now—they needed should be immediately rejected by the tail. more process; that now they needed Senate. But I do think it is important to note more witnesses; that all of the wit- Now, as to the second Article of Im- that, when seeking the advice of the nesses that they compiled and all of peachment, President Trump in no way President’s closest advisers, despite the the testimony that you heard was not obstructed Congress. The President well-known, bipartisan guidance from enough; that your job was to do their acted with extraordinary transparency the Department of Justice regarding job—the one, frankly, they failed to do. by declassifying and releasing the tran- immunity, the House managers act as We have already said, many times, script for the July 25 call and the ear- if it does not exist. They sought testi- the charges themselves do not allege a lier call. It is that July 25 call which is mony on matters from the executive crime or a misdemeanor, let alone a purportedly at the heart of the Articles branch’s confidential, internal deci- high crime or a misdemeanor. There is of Impeachment. He did so soon after sion-making process on matters of for- nothing in the charges that could per- the inquiry was announced. eign relations and national security, mit the removal of a duly elected And despite the fact that privileges and that is when protections are at President or warrant the negation of apply that could have been asserted, he their highest level.

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.016 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S784 CONGRESSIONAL RECORD — SENATE February 3, 2020 Let’s not forget that the House ilton has been quoted a lot, and there President TRUMP. We are proudly joined barred the attendance of executive is a reason. What has occurred over the today by so many Members of Congress—Re- branch counsel at witness proceedings past 2 weeks—really, the past 3 publicans, Democrats—who worked very, very hard on this bill. This was really an ef- when executive branch members were months—is exactly what Alexander fort of everybody. It was a bipartisan suc- being examined. Hamilton and other Founders of our cess—something you don’t hear too much Notwithstanding these substantial great country feared. about, but I think you will be. I actually be- abuses of process, the executive branch I believe that Hamilton was pro- lieve we may be—will be over the coming pe- responded to each and every subpoena phetic in Federalist 65 when he warned riod of time. I hope so. I think so. It is so and identified the specific deficiencies how impeachment had the ability to good for the country. found in each. You cannot just remove ‘‘agitate’’—his words—‘‘the passions of President TRUMP. Thank you, everybody. constitutional violations by saying you This was an incredible bipartisan support. the whole community, and . . . divide We passed this in the Senate 87 to 12. That’s didn’t comply. it into parties more or less friendly or unheard of. And then in the House we passed You have heard that one recipient of inimical to the accused. it 358 to 36. a subpoena, and this is—in fact, we He warned that impeachment would Senator COONS. . . . be here to help cele- have talked about it a number of ‘‘connect itself with the pre-existing brate your signing of this next step in the times, but I think as we wrap up, I factions, and will enlist all their ani- critical Women’s Global and Prosperity De- think it is worth saying again. mosities, partialities, influence, and velopment Initiative. It dovetails nicely One subpoena recipient did seek a de- with the bill—the bipartisan bill you signed interest on one side or on the other.’’ into law with the WEEE Act, which recog- claratory judgment as to the validity He continued: of the subpoena that he had received. It nizes this as a critical strategy. So I think The convention, it appears, thought the this is a tremendous initiative. Thank you, was set up to go to court. A judge was Senate— Mr. Trump. going to make a decision. The House This body— President TRUMP. Thank you very much. withdrew the subpoena and mooted the [the] most fit depositary of this important I appreciate it. recipient’s case before the court could trust. Those who can best discern the intrin- Mr. Counsel SEKULOW. This is what rule. sic difficulty of the thing, will be least hasty the American people expect. Now, was that because they didn’t in condemning that opinion, and will be I simply ask this body to stand firm like the judge that was selected? Was it most inclined to allow due weight to the ar- today to protect the integrity of the because they didn’t like the way the guments which may be supposed to have pro- U.S. Senate, stand firm today to pro- ruling was going to go? Was it they duced it. tect the Office of the President, stand didn’t mean to have that witness in the In the same Federalist 65, Hamilton firm today to protect the Constitution, first place? regarded the Members of this Senate stand firm today to protect the will of Whatever the reason, there is one un- not only as the inquisitors for the Na- the American people and their vote, disputed fact: As the case was in court, tion but as the representatives of the stand firm today to protect our Nation. they mooted it out by removing the Nation as a whole. And I ask that this partisan impeach- subpoena. He said these words: ment come to an end to restore our The assertion of valid constitutional Where else than in the Senate could have constitutional balance, for that is, in privileges cannot be an impeachable of- been found a tribunal sufficiently dignified my view and in our view, what justice fense, and that is what article II is or significantly independent? What other demands and the Constitution requires. based on, the obstruction of Congress. body would be likely to feel confident With that, Mr. Chief Justice, I yield For the sake of the Constitution, for enough in its own situation to preserve, my time to the White House Counsel, the sake of the Office of the President, unawed and uninfluenced, the necessary im- Mr. Pat Cipollone. this body must stand as a steady bul- partiality between an individual accused, Mr. Counsel CIPOLLONE. Thank and the representatives of the people, his ac- wark against this reckless and dan- cusers. you, Mr. Chief Justice. Thank you, gerous proposition. It doesn’t just af- Members of the Senate. You took an oath. They questioned fect this President; it affects every I will leave you with just a few brief the oath. You are sitting here as the man or woman who occupies that high points: trier of fact. They said the Senate is on office. First, I want to express on behalf of So as we said with the first Article of trial. our entire team our gratitude—our Based on all of the presentations that Impeachment, we believe the second gratitude to you, Mr. Chief Justice, for we made in our trial brief, in the argu- Article of Impeachment is invalid and presiding over this trial; our gratitude ments that we have put forward today, should also be rejected. to you, Leader MCCONNELL; our grati- In passing the first Article of Im- again, we believe both articles should tude to you, Democratic Leader SCHU- peachment, the House attempted to be immediately rejected. MER; and all of you on both sides of the usurp the President’s constitutional Now, our Nation’s representatives aisle for your time and attention. power to determine policy, especially holding office in this great body must I also want to express my gratitude foreign policy. unite today to protect our Constitution to our team. It is large, and with the In passing the second Article of Im- and the separation of powers. And, you large number of people who have peachment, the House attempted to know, there was a time, not that long helped in this effort—I won’t name control the constitutional privileges ago, even within this administration, them all—but I want to thank them for and immunities of the executive where bipartisan agreements could be their effort and their hard work in the branch—all of this while simulta- reached to serve the interests of the defense of the Constitution, in defense neously disrespecting the Framers’ sys- American people. of the President, in defense of the tem of checks and balances, which des- Take a listen to this. American people’s right to vote. I want (Text of Videotape presentation:) ignate the judicial branch as the arbi- to thank, as Members of that team, the ter of interbranch disputes. Senator MARKEY. Today we had a beau- Republican Members of the House of By approving both articles, the tiful, bipartisan moment where Democrats Representatives who have also been en- and Republicans, working together, to keep House of Representatives violated our that fentanyl out of our country, to use gaged in that effort throughout this constitutional order, illegally abused these devices to accomplish that goal. It is entire period of time and the Demo- our power of impeachment in order to not perfect. We need to do a lot more, but crats in the House who voted against obstruct the President’s ability to today was a very good start, and I want to this partisan impeachment. I also want faithfully execute the duties of his of- praise all of the people—Democrats and Re- to thank the President of the United fice. publicans and the President—for working to- States for his confidence in us to send These articles fail on their face as gether on this bill. us here to represent him to all of you they do not meet the constitutional Senator SHAHEEN. As has been said, and in this great body and for all he has we can see by the people assembled here, if standard for impeachable offenses. No we work together in a bipartisan way, we can done on behalf of the American people. amount of testimony could change that get things done. This is a place where we can I would make just a couple of addi- fact. all agree that we’ve got to do more and tional points. No. 1, as we have said re- We have already discussed some of where we can work together. So I applaud peatedly, we have never been in a situ- the specifics. I think Alexander Ham- everyone’s efforts. ation like this in our history. We have

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.017 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S785 an impeachment that is purely par- I urge you, on behalf of those Ameri- istration was withdrawn and replaced tisan and political. It is opposed by bi- cans—of every American—on behalf of with the more certain term ‘‘high partisan Members of the House. It does all of your constituents, to reject these Crimes and Misdemeanors’’ because the not even allege a violation of law. It is Articles of Impeachment. It is the Founders knew the law. passed in an election year, and we are right thing for our country. The Presi- Blackstone’s Commentary, which sitting here on the day that election dent has done nothing wrong, and these Madison said was ‘‘a book in every season begins in Iowa. It is wrong. types of impeachments must end. man’s hand,’’ described high crimes There is only one answer to that, and You will vindicate the right to vote, and misdemeanors as offenses against the answer is to reject those Articles of you will vindicate the Constitution, King and government. Impeachment, to have confidence in you will vindicate the rule of law by re- Hamilton called high crimes and mis- the American people, to have con- jecting these articles. I ask you to do demeanors ‘‘those offenses which pro- fidence in the result of the upcoming that on a bipartisan basis this week ceed from the misconduct of public election, to have confidence and re- and end the era of impeachment once men, or, in other words, from the abuse spect for the last election and not and for all. or violation of some public trust.’’ throw it out and to leave the choice of I thank you from the bottom of my During ratification, Randolph in Vir- the President to the American people heart for listening to us, for your at- ginia cited the President’s receipt of and to leave to them also the account- tention, and for considering our case presents or emoluments from a foreign ability to the Members of the House of on behalf of the President. power as an example. And Mason’s ex- Representatives who did that. That is I come here today to ask you to re- ample was a President who may ‘‘par- what the Constitution requires, and I ject these Articles of Impeachment. don crimes which were advised by him- think that should be done on a bipar- Reject these Articles of Impeachment. self,’’ or before indictment or convic- tisan basis, and that is what I ask you Thank you for granting us the per- tion to ‘‘stop inquiry and prevent de- to do. mission to appear here at the Senate tection.’’ It is clear. They knew what Point No. 2: I believe the American on behalf of this President, and I ask they wrote. people are tired of the endless inves- you on his behalf, on behalf of the The President’s lawyers tried to cre- tigations and false investigations that American people to reject these arti- ate a muddle to confuse you. Don’t let have been coming out of the House cles. them. High crimes and misdemeanors from the beginning, as my colleague Thank you. mean abuse of power against the con- Mr. Sekulow pointed out. It is a waste Ms. Manager LOFGREN. Mr. Chief stitutional order, conduct that is cor- of tax dollars. It is a waste of the Justice and Senators, it is a problem rupt, whether or not a crime. American people’s time and, I would that here at the end of the trial the Now some say: No impeachment argue, more importantly—most impor- President’s lawyers still dispute the when there is an election coming. But tantly—the opportunity cost of that— meaning of high crimes and mis- without term limits when they wrote the opportunity cost of that—what you demeanors. Some say it requires an or- the Constitution, there was always an could be doing, what the House could dinary crime or that if the President election coming. If impeachment in be doing. Working with the President misbehaves when he thinks it is good election years was not to be, our to achieve those things on behalf of the Founders would have said so. American people is far more important for the country, it is OK. Neither is So here we are: Congress passed a law than the endless investigations, the correct. We need to clear this up by to fund Ukraine to fight the Russians endless false attacks, the besmirching looking at what the Founders said. who invaded their country. President of the names of good people. This is When the Founders created the Presi- Trump illegally held that funding up to something we should reject together, dency, they gave the President great coerce Ukraine to announce an inves- and we should move forward in a bipar- power. They had just been through a tisan fashion and in a way that this war to get rid of a King with too much tigation to hurt his strongest election President has done successfully. power, and they needed a check on the opponent. He abused his power cor- He has achieved successful results in great power given to the President. It ruptly to benefit himself personally, the economy and across so many other was late in the Constitutional Conven- and then he tried to cover it up. That areas, working with you on both sides tion that they turned to the impeach- is impeachable. of the aisle, and he wants to continue ment clause. Madison argued in favor The facts are clear, and so is the Con- to do that. That is what I believe the of impeachment. He said it was indis- stitution. The only question is what American people want those of you pensable. you, the Senate, will do. elected to come here to Washington to Mason asked: Our Founders created a government focus on, to spend your time on—to Shall any man be above Justice? Above all where the tension between the three unify us, as opposed to the bitter divi- shall that man be above it, who can commit branches would prevent sion that is caused by these types of the most extensive injustice? authoritarianism; no one of the proceedings. Randolph defended ‘‘the propriety of branches would be allowed to grab all So at the end of the day, we put our impeachments,’’ saying: ‘‘The Execu- the power. Impeachment was to make faith in the Senate. We put our faith in tive will have great opportunitys of sure that the President, who has the the Senate because we know you will abusing his power.’’ greatest opportunity to grab power, put your faith in the American people. The initial draft of the Constitution would be held in check. It is a blunt in- You will leave this choice to them, provided for impeachment only for strument, but it is what our Founders where it belongs. We believe that they treason or bribery. Mason asked: gave us. should choose the President. We be- Why is the provision restrained to Treason Some of the Founders thought the lieve that this President, day after day, & bribery only? Treason as defined in the mere existence of an impeachment has put their interests first, has Constitution will not reach many great and clause would prevent misconduct by achieved successful results, has ful- dangerous offences. Presidents, but, sadly, they were wrong filled the promises he made to them, And he added: because twice in the last half century a and he is eager to go before the Amer- Hastings is not guilty of Treason. At- President tried to corruptly use his ican people in this upcoming election. tempts to subvert the Constitution may not power to cheat in an election—first, At the end of the day, that is the be Treason as . . . defined. Nixon with Watergate, and now an- only result; it is a result, I believe, Now Hastings’ impeachment in Brit- other President corruptly abuses his guided by your wise words from the ain at this time was well known, and it power to cheat in an election. past that we can, together, end the era wasn’t limited to a crime. The Founders worried about fac- of impeachment; that we can, together, They considered adding the word tions—what we call political parties. put faith in the American people, put ‘‘maladministration’’ to capture abuse They built a system where each branch faith in their wisdom, put faith in their of Presidential power, but Madison ob- of government would jealously guard judgment. That is where our Founders jected. He said: ‘‘So a vague a term their power, not one where guarding a put the power. That is where it be- would be equivalent to a tenure during faction was more important than longs. pleasure of the Senate.’’ So maladmin- guarding the government.

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.019 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S786 CONGRESSIONAL RECORD — SENATE February 3, 2020 Opposing a President of your own and corrupting our elections. He de- followed through on that oath by giv- party isn’t easy. It wasn’t easy when serves to be removed for taking the ing everything to keep it. Republican Caldwell Butler voted to very actions that the Framers feared But there is more to it than simply impeach Nixon in the Judiciary Com- would undermine our country. The keeping your word, because an oath is mittee. It wasn’t easy for Senator Framers designed impeachment for also a bond between people who have Barry Goldwater to tell Nixon to re- this very case. made a common promise. Perhaps the sign. But your oath is not to do the Senators, when I was growing up poor strongest example is the promise be- easy thing; it is to do impartial justice. in South Texas, picking cotton, I con- tween the Commander in Chief and our It requires conviction and removal of fess I didn’t spend any time thinking men and women in uniform. Those men President Trump. about the Framers. Like me, little and women took their oath with the Ms. Manager GARCIA of Texas. Mr. girls and boys across America aren’t understanding that the Commander in Chief Justice, counsel for the Presi- asking at home what the Framers Chief, our President, will always put dent, Senators, since I was a little girl meant by high crimes and mis- the interests of the country and their and started going to church, I have demeanors, but, someday, they will ask interests above his own, and under- been inspired by the words of scripture: why we didn’t do anything to stop this standing that his orders will be in the ‘‘[W]hatever you did for one of the President, who put his own interest best interest of the country, and that least of my brothers . . . you did for above what was good for all of us. They their sacrifice in fulfilling those orders me.’’ will ask. They will want to understand. will always serve the common good. We are called to always look out for Senators, we inherited a democracy. But what we have clearly shown in the most vulnerable. Sometimes fight- Now we must protect it and pass it on the last few weeks and what President ing for the most vulnerable means to the next generation. We simply Trump has shown us the past few years holding the most powerful accountable, can’t give our children a democracy if is that this promise flows only one and that is what we are here to do a President is above the law, because in way. As Maya Angelou said, ‘‘When today. this country no one is above the law— someone shows you who they are, be- The American people will have to not me, not any of you, not even this lieve them the first time.’’ live with the decisions made in this President. Many of us in this room are parents. Chamber. In fact, Senators, I believe (English translation of statement We all try to teach our kids the impor- that the decision in this case will af- made in Spanish is as follows:) tant lessons of life. One of those les- fect the strength of democracies Nobody is above the law—nobody. sons is that you won’t always be the around the world. This President must be removed. strongest, you won’t always be the Democracy is a gift that each genera- With that, I yield to my colleague Mr. fastest, and you won’t always win. tion gives to the next one. If we say CROW. There are a lot of things outside our that this President can put his own in- Mr. Manager CROW. Mr. Chief Jus- control, but my wife and I have tried to terests above all else, even when lives tice, Members of the Senate, 2 weeks teach our kids that what we can always are at stake, then we give our Nation’s ago we started this trial promising to control are our choices. children a weaker democracy than we show you that the President withheld It is in that spirit that hanging in my inherited from those that came before $391 million of foreign military aid to son’s room is a quote from Harry Pot- us. The next generation deserves bet- force an ally at war to help him win ter. The quote is from Professor ter. They are counting on us. the 2020 election. And by many of your Dumbledore, who said: ‘‘It is our I am a Catholic, and my faith teaches own admissions, we succeeded in show- choices . . . that show what we truly me that we all need forgiveness. I have ing you that, because the facts still are, far more than our abilities.’’ given this President the benefit of the matter. This trial will soon be over, but there doubt from the beginning. Despite my We also promised you that, eventu- will be many choices for all of us in the strong opposition to so many of his ally, all of the facts would come out, days ahead, the most pressing of which policies, I know that the success of our and that continues to be true. But we is how each of us will decide to fulfill Nation depends on the success of our didn’t just show you that the President our oath. More than our words, our leader. But he has let us down. abused his power and obstructed Con- choices will show the world who we Senators, we know what the Presi- gress. We painted a broader picture of really are, what type of leaders we will dent did and why he did it. This fact is President Trump—a picture of a man be, and what type of Nation we will be. seriously not in doubt. Senators on who thinks that the Constitution So let me finish where I began, with both sides of the aisle have said as doesn’t serve as a check on his power, an explanation of why I am here stand- much. The question for you now is, but, rather, gives it to him in an un- ing before you. I have been carrying does it warrant removal from office? limited way; a man who believes that my kids’ Constitutions these last few We say yes. his personal ambitions are synonymous weeks, and this morning I wrote a note We cannot simply hope that this with the good of the country; a man to them to explain why I am here: President will realize that he has done who, in his own words, thinks that if Our Founders recognized the failings of all wrong or was inappropriate and hope you are a star, they will let you do people. So they designed a system to ensure that he does better. We have done that anything. In short, it is a picture of a that the ideas and principles contained in so many other times. We know that he man who will always put his own per- this document would always be greater than has not apologized. He has not offered sonal interests above the interests of any one person. It is the idea that no one is to change. We all know that he will do the country that he has sworn to pro- above the law. But our system only works if it again. tect. people stand up and fight for it, and fighting What President Trump did this time But what is in an oath, anyway? Are for something important always comes with a cost. pierces the heart of who we are as a they relics of the past? Do we simply Some day you may be called upon to de- country. We must stop him from fur- recite them out of custom? To me, an fend the principles and ideas embodied in our ther harming our democracy. We must oath represents a firm commitment to Constitution. May the memory and spirit of stop him from further betraying his a life of service, a commitment to set those who sacrificed for them in the past oath. We must stop him from tearing aside your personal interest, your com- guide you and give you strength as you fight up our Constitution. fort, and your ambition to serve the for them in the future. The Founders knew that in order for greater good, and a commitment to Thank you for your time. our Republic to survive, we would need sacrifice. Mrs. Manager DEMINGS. Mr. Chief to be able to remove some of our lead- I explained to you last week that I Justice, Senators, and counsel for the ers from office when they put their in- believe America is great not because of President, this is a defining moment in terests above the country’s interests. the ambition of any one man, not sim- our history and a challenging time for Senators, we have proven that. This ply because we say it is true but be- our Nation. A thousand things have President committed what is called the cause of our almost 250-year history. gone through my mind since this body ABC’s of impeachable behavior—abus- Millions of Americans have taken the voted to not call witnesses in this trial. ing his power, betraying the Nation, oath, and they meant it. Many of them The vote was unprecedented. The

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.020 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S787 President’s former National Security I urge you, Senators, to vote to con- Scripture says—Second Corinthians, Advisor indicated that he was willing vict and remove this President. Thank the fifth chapter and the seventh verse, to testify under oath before the Senate. you so much for your time. encourages us to walk by faith, not by Yet this body did not want to hear Mr. Manager JEFFRIES. Mr. Chief sight. Faith is the substance of things what he had to say. Justice, distinguished Members of the hoped for, the evidence of things not The President’s lawyers have asked Senate, President’s counsel, I men- seen. We have come this far by faith. you to not believe your lying eyes and tioned on the floor last week that Alex- And so I say to all of you, my fellow ears, to reinterpret the Constitution, ander Hamilton has played a starring Americans, walk by faith. Democrats and to believe that if the President role during this impeachment trial. and Republicans, progressives and con- thinks his reelection is in our national But Ben Franklin has only made a servatives, the left and the right, all interest, then he can do whatever he cameo appearance, but that cameo ap- points in between, walk by faith. There wants—anything—to make it happen. pearance was an important one, when are patriots all throughout the Cham- And that is exactly what he was at- he made the observation, in the after- ber, patriots who can be found all tempting to do—anything—when he il- math of that convention in 1787, that throughout the land—in urban Amer- legally held much needed military aid the Framers of the Constitution had ica, rural America, suburban America, while pressuring Ukraine’s President created ‘‘a Republic, if you can keep smalltown America. Walk by faith. to announce bogus investigations into it.’’ Through the ups and the downs, the his most feared political rival. Why would Dr. Franklin express am- highs and the lows, the peaks and the This trial is about abuse of power, biguity about the future of America valleys, the trials and the tribulations obstruction, breaking the law, and our during such a triumphant moment? of this turbulent moment, walk by system of checks and balances, and Perhaps it was because the system of faith—faith in the Constitution; faith since we are talking about the Presi- government that was created at that in our democracy; faith in the rule of dent of the United States, this trial is convention—checks and balances, sepa- law; faith in government of the people, also most certainly about character. rate and coequal branches of govern- by the people, and for the people; faith I am reminded today, Senators, of ment, the independent judiciary, the my own father. He worked more than in almighty God. Walk by faith. free and fair press, the preeminence of The Senate can still do the right one job. He didn’t have a famous last the rule of law—all of those values, all thing. And if we come together as name. His name appeared on no build- of those ideas, all of those institutions Americans, then together we can eradi- ing, but my father was rich in some- cate the cancer that threatens our de- thing no money and, apparently, no have never before been put together in mocracy and continue our long, nec- powerful position can buy. You see, my one form of government. So perhaps it father was a man who was decent, hon- was uncertain as to whether America essary, and majestic march toward a est, a man of integrity, and he was a could sustain them. more perfect union. But part of the brilliance of our great Mr. Manager SCHIFF. Mr. Chief Jus- man of good, moral character. The tice, I want to begin by thanking you President’s lawyer never spoke about country is that year after year, decade for the distinguished way you have pre- the President’s character during this after decade, century after century, we sided over these proceedings. trial, and I find that quite telling. have held this democracy thing to- I joined the police department be- gether. But now all of those ideas, all Senators, we are not enemies but cause I wanted to make a difference, of those values, all of those institu- friends. We must not be enemies. If and I believe I did. As a police chief, I tions are under assault, not from with- Lincoln could speak these words during was always concerned about the mes- out but from within. We created ‘‘a Re- the Civil War, surely we can live them sage we were sending inside the agen- public, if you can keep it.’’ now and overcome our divisions and cy, especially to young recruits, espe- House managers have proven our case our animosities. cially to newly hired dedicated police against President Trump with a moun- It is midnight in Washington. The officers. We had to be careful about tain of evidence. President Trump tried lights are finally going out in the Cap- just how we were defining what was ac- to cheat, he got caught, and then he itol after a long day in the impeach- ceptable and unacceptable behavior in- worked hard to cover it up. ment trial of Donald J. Trump. The side the department and out in the President Trump corruptly abused Senate heard arguments only hours community. Yes, people make mis- his power. President Trump obstructed earlier on whether to call witnesses takes. Yes, individuals make mistakes. a congressionally and constitutionally and require the administration to re- But we had to be clear about the cul- required impeachment inquiry with lease documents it has withheld. Coun- ture inside the organization, and we blanket defiance. President Trump so- sel for the President still maintains had to send a strong message that the licited foreign interference in an Amer- the President’s innocence, while oppos- police department was not a place ican election and shredded the very ing any additional evidence that would where corruption could reside, where fabric of our democracy. House man- prove otherwise. corruption was normalized, and where agers have proven our case against It is midnight in Washington, but on corruption was covered up. President Trump with a mountain of this night, not all the lights have been Today, unfortunately, I believe we evidence. extinguished. Somewhere in the bowels are holding young police recruits to a If the Senate chooses to acquit under of the Justice Department—Donald higher standard than we are the leader these circumstances, then America is Trump’s Justice Department—a light of the free world. If this body fails to in the wilderness. remains on. Someone has waited until hold this President accountable, you If the Senate chooses to normalize the country is asleep to hit ‘‘Send,’’ to must ask yourselves: What kind of Re- lawlessness, if the Senate chooses to inform the court in a filing due that public will we ultimately have with a normalize corruption, if the Senate day that the Justice Department—the President who thinks that he can real- chooses to normalize Presidential Department that would represent jus- ly truly do whatever he wants? You abuse of power, then America is in the tice—is refusing to produce documents will send a terrible message to the Na- wilderness. directly bearing on the President’s de- tion that one can get away with abuse If the Senate chooses to acquit Presi- cision to withhold military aid from of power, obstruction, cheating, and dent Trump without issuing a single Ukraine. The Trump administration spreading false narratives if you simply subpoena, without interviewing a sin- has them, it is not turning them over, know the right people. gle witness, without reviewing a single and it does not want the Senate to Well, today, Senators, I reject that new document, then America is truly know until it is too late. Send. because we are a nation of laws. Abra- in the wilderness. That is what happened last Friday ham Lincoln, the 16th President of the But all is not lost. Even at this late night. When you left home for the United States said this: ‘‘America will hour, the Senate can still do the right weekend, in a replay of the duplicity never be destroyed from outside. If we thing. America is watching. The world we saw during the trial when the Presi- falter and lose our freedoms, it will be is watching. The eyes of history are dent’s lawyers argued here that the because we chose to destroy our- watching. The Senate can still do the House must go to court and argued in selves.’’ right thing. court that the House must come here,

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.022 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S788 CONGRESSIONAL RECORD — SENATE February 3, 2020 they were at it again, telling the court fense. Yet this defense proved indefen- emails, he said, and they did, imme- in a midnight filing that they would sible. diately. And when the Russians start- not turn over relevant documents even If abuse of power is not impeach- ing dumping them before the election, as they argued here that they were not able—even though it is clear the he made use of them in every conceiv- covering up the President’s misdeeds. Founders considered it the highest of able way, touting the filthy lucre at Midnight in Washington. All too all high crimes and misdemeanors—but campaign stops more than 100 times. tragic. A metaphor for where the coun- if it is not impeachable, then a whole When he was investigated, he did ev- try finds itself at the conclusion of range of utterly unacceptable conduct erything he could to obstruct justice, only the third impeachment in history of the President’s would now be beyond going so far as to fire the FBI Director and the first impeachment trial with- reach. Trump could offer Alaska to the and try to fire the special counsel and out witnesses or documents, the first Russians in exchange for support in the ask the White House Counsel to lie on such trial—or nontrial—in impeach- next election or decide to move to Mar- his behalf. ment history. a-Lago permanently and let Jared During the same campaign, while How did we get here? In the begin- Kushner run the country, delegating to telling the country he had no business ning of this proceeding, you did not him the decision whether to go to war. dealings with Russia, he was con- know whether we could prove our case. Because those things are not nec- tinuing to actively pursue the most lu- Many Senators, like many Americans, essarily criminal, this argument would crative deal of his life—a Trump Tower did not have the opportunity to watch allow that he could not be impeached in the heart of Moscow. Six close asso- much, let alone all, of the opening for such abuses of power. ciates of the President’s would be in- hearings in the House during our inves- Of course, this would be absurd— dicted or go to jail in connection with tigation, and none of us could antici- more than absurd, it would be dan- the President’s campaign, Russia, and pate what defenses the President might gerous. So Mr. Dershowitz tried to em- the effort to cover it up. offer. bellish his legal creation and distin- On the day after that tragic chapter Now you have seen what we prom- guish among those abuses of power appeared to come to an end with Bob ised: overwhelming evidence of the which would be impeachable from Mueller’s testimony, Donald Trump President’s guilt. Donald John Trump those which wouldn’t. Abuses of power was back on the phone, this time with withheld hundreds of millions of dol- that would help the President get another foreign power—Ukraine—and lars from an ally at war and a coveted elected were permissible and therefore once again seeking foreign help with White House meeting with their Presi- unimpeachable, and only those for pe- his election, only this time, he had the dent to coerce or extort that nation’s cuniary gain were beyond the pale. full powers of the Presidency at his dis- help to cheat in our elections. And Under this theory, as long as the Presi- posal. This time, he could use coercion. when he was found out, he engaged in dent believed his reelection was in the This time, he could withhold aid from the most comprehensive effort to cover public interest, he could do anything, a nation whose soldiers were dying up his misconduct in the history of and no quid pro quo was too corrupt, no every week. This time, he believed he Presidential impeachment: fighting all damage to our national security too could do whatever he wanted under ar- ticle II. And this time, when he was subpoenas for documents and witnesses great. This was such an extreme view caught, he could make sure that the and using his own obstruction as a that even the President’s other lawyers Justice Department would never inves- sword and a shield; arguing here that had to run away from it. the House did not fight hard enough to So what are we left with? The House tigate the matter, and they didn’t. Donald Trump had no more Jeff Ses- overcome their noninvocation of privi- has proven the President’s guilt. He sions; he had just the man he wanted in lege in court, and in court that the tried to coerce an ally into helping him Bill Barr, a man whose view of the im- House must not be heard to enforce cheat by smearing his opponent. He be- perial Presidency—a Presidency in their subpoenas but that impeachment trayed our national security in order which the Department of Justice is lit- is a proper remedy. to do it when he withheld military aid tle more than an extension of the Having failed to persuade the Senate to our ally and violated the law to do White House Counsel—is to do the or the public that there was no quid so. He covered it up, and he covers it President’s bidding. So Congress had to pro quo, having offered no evidence to up still. His continuing obstruction is a do the investigation itself, and just as contradict the record, the President’s threat to the oversight and investiga- before, he obstructed that investiga- team opted, in a kind of desperation, tory powers of the House and Senate tion in every way. for a different kind of defense: first, and, if left unaddressed, would perma- He has not changed. He will not prevent the Senate and the public from nently and dangerously alter the bal- change. He has made that clear himself hearing from witnesses with the most ance of power. without self-awareness or hesitation. A damning accounts of the President’s These undeniable facts require the man without character or ethical com- misconduct, and second, fall back on a President to retreat to his final de- pass will never find his way. theory of Presidential power so broad fense. He is guilty as sin, but can’t we Even as the most recent and most and unaccountable that it would allow just let the voters decide? He is guilty egregious misconduct was discovered, any occupant of 1600 Pennsylvania to as sin, but why not let the voters clean he was unapologetic, unrepentant, and be as corrupt as he chooses, while the up this mess? And here, to answer that more dangerous, undeterred. He contin- Congress is powerless to do anything question, we must look at the history ued pressing Ukraine to smear his ri- about it. That defense collapsed of its of this Presidency and to the character vals even as the investigation was un- own dead weight. of this President—or lack of char- derway. Presidents may abuse their power acter—and ask, can we be confident He invited new countries to get in- with impunity, they argued. Abuse of that he will not continue to try to volved in the act, calling on China to power is not a constitutional crime, cheat in that very election? Can we be do the same. His personal emissary, they claimed. Only statutory crime is a confident that Americans and not for- Rudy Giuliani, dispatched himself to constitutional crime, even though eign powers will get to decide and that Ukraine, trying to get further foreign there were no statutory crimes when the President will shun any further for- interference in our election. The plot the Constitution was adopted. The eign interference in our democratic af- goes on; the scheming persists; and the President had to look far and wide to fairs? And the short, plain, sad, incon- danger will never recede. He has done find a defense lawyer to make such an testable answer is, no, you can’t. You it before. He will do it again. What are argument, unsupported by history, the can’t trust this President to do the the odds, if left in office, that he will Founders, or common sense. The Re- right thing, not for one minute, not for continue trying to cheat? I will tell publican expert witness in the House one election, not for the sake of our you: 100 percent. Not 5, not 10 or even would not make it. Serious constitu- country. You just can’t. He will not 50, but 100 percent. tional scholars would not make it. change, and you know it. If you have found him guilty and you Even Alan Dershowitz would not make In 2016, he invited foreign inter- do not remove him from office, he will it—at least he wouldn’t in 1998. But ference in our election. Hey, Russia, if continue trying to cheat in the elec- this has become the President’s de- you are listening, hack Hillary’s tion until he succeeds. Then what shall

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Never- painted by a President as corrupt and What shall you say in the future, theless, the President’s counsel hopes disloyal. The intelligence community when candidates compete for the alle- that, through sheer repetition, they not to be trusted against the good giance of foreign powers in their elec- can convert nontruth into truth. Do counsel of Vladimir Putin. The press tions, when they draft their platforms not let them. portrayed as enemies of the people. The so to encourage foreign intervention in Every single court to hear Mr. daily attacks on the guardrails of our their campaign? Foreign nations, as Philbin’s arguments has rejected them: democracy, so relentlessly assailed, the most super of super-PACs of them The subpoenas are invalid—rejected have made us numb and blind to the all, if not legal, somehow permissible by the McGahn court. consequences. because Donald Trump has made it so They have absolute immunity—re- Does none of that matter anymore if and we refused to do anything about it jected by the McGahn court. he is the President of our party? but wring our hands. Privilege may conceal crime or I hope and pray that we never have a They will hack your opponents’ fraud—rejected by the court in Nixon. President like Donald Trump in the emails; they will mount a social media But if the process here was substan- Democratic Party, one who would be- campaign to support you; they will an- tially the same, the facts of the Presi- tray the national interest and the nounce investigations of your opponent dent’s misconduct were very different country’s security to help with his re- to help you—and all for the asking. from one impeachment to the next. election. And I would hope to God that, Leave Donald Trump in office after you The Republican Party of Nixon’s time if we did, we would impeach him, and have found him guilty, and this is the broke into the DNC, and the President Democrats would lead the way. future that you will invite. covered it up. Nixon, too, abused the But I suppose you never know just Now, we have known since the day we power of his office to gain an unfair ad- how difficult that is until you are con- brought these charges that the bar to vantage over his opponent, but in Wa- fronted with it. But you, my friends, conviction, requiring fully two-thirds tergate he never sought to coerce a for- are confronted with it. You are con- of the Senate, may be prohibitively eign power to aid his reelection, nor fronted with that difficulty now, and high. And yet, the alternative is a run- did he sacrifice our national security in you must not shrink from it. away Presidency and a nation whose such a palpable and destructive way as History will not be kind to Donald elections are open to the highest bid- withholding aid from an ally at war. Trump—I think we all know that—not der. And he certainly did not engage in the because it will be written by Never So you might ask how—given the wholesale obstruction of Congress or Trumpers but because whenever we gravity of the President’s misconduct, justice that we have seen this Presi- have departed from the values of our given the abundance of evidence of his dent commit. Nation, we have come to regret it, and guilt, given the acknowledgement by The facts of President Clinton’s mis- that regret is written all over the Senators in both parties of that guilt— conduct pale in comparison to Nixon pages of our history. how have we arrived here with so little and do not hold a candle to Donald If you find that the House has proved common ground? Why was the Nixon Trump. Lying about an affair is mor- its case and still vote to acquit, your impeachment bipartisan? Why was the ally wrong, and when under oath it is a name will be tied to his with a chord of Clinton impeachment much less so? crime, but it had nothing to do with steel and for all of history; but if you And why is the gulf between the par- his duties in office. find the courage to stand up to him, to ties even greater today? The process being the same, the facts speak the awful truth to his rank false- It is not for the reason that the of President Trump’s misconduct being hood, your place will be among the Da- President’s lawyers would have you be- far more destructive than either past vids who took on Goliath. If only you lieve. Although they have claimed President, what then accounts for the will say ‘‘enough.’’ many times, in many ways, that the disparate result in bipartisan support We revere the wisdom of our Found- process in the House was flawed be- for his removal? What has changed? ers and the insights they had into self- cause we did not allow the President to The short answer is, we have governance. We scour their words for control it, it was, in reality, little dif- changed. The Members of Congress hidden meaning and try to place our- ferent than the process in prior im- have changed. For reasons as varied as selves in their shoes. But we have one peachments. The circumstances, of the stars, the Members of this body and advantage that the Founders did not. course, were different. The Watergate ours in the House are now far more ac- For all their genius, they could not see investigation began in the Senate and cepting of the most serious misconduct but opaquely into the future. We, on had progressed before it got moving in of a President as long as it is a Presi- the other hand, have the advantage of the House. And there, of course, much dent of one’s own party. And that is a time, of seeing how their great experi- of the investigative work had been trend most dangerous for our country. ment in self-governance has pro- done by the special prosecutor, Leon Fifty years ago, no lawyer rep- gressed. Jaworski. In Clinton, there was like- resenting the President would have When we look at the sweep of his- wise an independent counsel who con- ever made the outlandish argument tory, there are times when our Nation ducted a multiyear investigation that that if the President believes his cor- and the rest of the world have moved started with a real estate deal in Ar- ruption will serve to get him reelected, with a seemingly irresistible force in kansas and ended with a blue dress. whether it is by coercing an ally to the direction of greater freedom: more Nixon and Clinton, of course, played help him cheat or in any other form, freedom to speak and to assemble, to no role in those investigations before that he may not be impeached, that practice our faith and tolerate the they moved to the House Judiciary this is somehow a permissible use of faith of others, to love whom we would Committee. But to the degree you can his power. and choose love over hate—more free compare the process when it got to the But here we are. The argument has societies, walls tumbling down, nations Judiciary Committee in either prior been made, and some appear ready to reborn. and recent impeachments, it was large- accept it. And that is dangerous, for But then, like a pendulum approach- ly the same as we have here. The Presi- there is no limiting principle to that ing the end of its arc, the outward dent had the right to call witnesses, to position. movement begins to arrest. The golden ask questions, and chose not to. It must have come as a shock—a globe of freedom reaches its zenith and The House majorities in Nixon and pleasant shock—to this President that starts to retreat. The pendulum swings Clinton did not cede their subpoena our norms and institutions would prove back past the center and recedes into a power to their minorities, and neither to be so weak. The independence of the dark unknown. How much farther will

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.025 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S790 CONGRESSIONAL RECORD — SENATE February 3, 2020 it travel in its illiberal direction, how They gave you a remedy, and they lute power. We are a nation founded by many more freedoms will be extin- meant for you to use it. They gave you the ratification of the most radically guished before it turns back we cannot an oath, and they meant for you to ob- democratic document in history, the say. But what we do here, in this mo- serve it. We have proven Donald Trump Constitution of the United States of ment, will affect its course and its cor- guilty. Now do impartial justice and America. rection. convict him. Under the Constitution, we are gov- Every single vote, even a single vote I yield back. erned not by monarchs—who act with by a single Member, can change the The CHIEF JUSTICE. The majority impunity and without accountability— course of history. It is said that a sin- leader is recognized. but by elected officers who answer to, gle man or a woman of courage makes ADJOURNMENT OF THE COURT OF IMPEACHMENT and work for, ‘‘We the People.’’ a majority. Is there one among you Mr. MCCONNELL. Mr. Chief Justice, Generations of Americans have who will say ‘‘enough’’? I ask unanimous consent that the Sen- struggled and sacrificed their lives to America believes in a thing called ate, sitting as a Court of Impeachment, defend that audacious vision. The Sen- truth. She does not believe we are enti- stand adjourned under the previous ate has a duty and a moral responsi- tled to our own alternate facts. She order. bility to uphold that vision. recoils at those who spread pernicious Over the last 2 weeks, I fear that the falsehoods. To her, truth matters. There being no objection, at 2:59 p.m., the Senate, sitting as a Court of Senate has failed in that duty. I am There is nothing more corrosive to a deeply disappointed that nearly all of democracy than the idea that there is Impeachment, adjourned. Mr. MCCONNELL. I suggest the ab- my Republican colleagues refused to no truth. allow for the kind of witness testimony America also believes there is a dif- sence of a quorum. The CHIEF JUSTICE. The clerk will and documentary evidence that any le- ference between right and wrong, and gitimate trial would include. You can- right matters here. But there is more. call the role. The legislative clerk proceeded to not conduct a fair trial without wit- Truth matters. Right matters. But so nesses. does decency. Decency matters. call the roll. Mr. THUNE. Mr. President, I ask In my view, you also can’t have a le- When the President smears a patri- gitimate acquittal without a fair trial; otic public servant like Marie unanimous consent that the order for the quorum call be rescinded. that the Senate refused to shed more Yovanovitch in pursuit of a corrupt light on the facts is truly astonishing. aim, we recoil. When the President f Despite this, the facts as we know mocks the disabled, a war hero who them are clear and plain. President was a prisoner of war, or a Gold Star LEGISLATIVE SESSION Trump pressured the Government of father, we are appalled because de- The PRESIDENT pro tempore. With- Ukraine, an American ally, not for our cency matters here. And when the out objection, it is so ordered. national security interests but for his President tries to coerce an ally to The Senate will now resume legisla- own selfish and corrupt political inter- help him cheat in our elections and tive session. ests. When he was caught, he sought to then covers it up, we must say f cover it up by suppressing documents ‘‘enough.’’ Enough. He has betrayed our national secu- THE JOURNAL and preventing witnesses from testi- fying before Congress and the Amer- rity, and he will do so again. He has Mr. THUNE. Mr. President, I ask compromised our elections, and he will ican people. unanimous consent that the Journal of The President’s defense team had do so again. You will not change him. proceedings be approved to date. You cannot constrain him. He is who every opportunity to present us with The PRESIDENT pro tempore. With- evidence that would explain his actions he is. Truth matters little to him. out objection, it is so ordered. What is right matters even less. And or give us reason to doubt this clear decency matters not at all. f pattern of fact. Instead, they shifted I do not ask you to convict him be- MORNING BUSINESS their defense away from the damning facts and embraced an extreme legal cause truth or right or decency mat- The PRESIDING OFFICER (Mr. ters nothing to him but because we philosophy that would allow any Presi- HAWLEY). Under the previous order, the have proven our case and it matters to dent to abuse their power and ignore Senate will be in a period of morning you. Truth matters to you. Right mat- the law. business, with Senators permitted to ters to you. You are decent. He is not This dangerous argument is not new. speak therein for up to 10 minutes who you are. It was used by President Richard Nixon In Federalist 55, James Madison each. when he said: ‘‘Well, when the presi- wrote that there were certain qualities Mr. THUNE. Mr. President, I suggest dent does it, that means it is not ille- in human nature—qualities I believe, the absence of a quorum. gal.’’ like honesty, right, and decency— The PRESIDING OFFICER. The President Nixon also strayed far from which should justify our confidence in clerk will call the roll. his duties to our Nation for his own self-government. He believed that we The legislative clerk proceeded to personal and political gain. It was only possessed sufficient virtue that the call the roll. after courageous Members of the U.S. chains of despotism were not necessary Mr. HEINRICH. Mr. President, I ask Senate, in his own political party, put to restrain ourselves ‘‘from destroying unanimous consent that the order for their country first and stood up to him and devouring one another.’’ the quorum call be rescinded and to that President Nixon finally resigned. It may be midnight in Washington, speak as in morning business. We are now in yet another time when but the sun will rise again. I put my The PRESIDING OFFICER. Without our Chief Executive has failed us, and faith in the optimism of the Founders. objection, it is so ordered. our Nation requires more leadership You should too. They gave us the tools f and conscience from the U.S. Senate. to do the job, a remedy as powerful as Unfortunately, my Republican col- the evil it was meant to constrain: im- IMPEACHMENT leagues are unwilling to deliver that peachment. They meant it to be used Mr. HEINRICH. Mr. President, and kind of moral leadership. rarely, but they put it in the Constitu- all of my colleagues in the Senate, President Donald Trump has proven tion for a reason—for a man who would throughout this impeachment trial, I to be unfit for the office he occupies. sell out his country for a political thought a lot about what this country He abused his powers and continues to favor, for a man who would threaten stands for. For me, as the son of an im- engage in a coverup. He presents a the integrity of our elections, for a migrant whose family came to the clear and present danger to our na- man who would invite foreign inter- United States from Germany in the tional security and, more fundamen- ference in our affairs, for a man who 1930s, America stands as a beacon of tally, to our democracy itself. would undermine our national security liberty, equal justice, and democracy. That is why my conscience and my and that of our allies—for a man like We are a nation forged by a revolu- duty to defend our Constitution compel Donald J. Trump. tion against a monarchy and its abso- me to vote to convict Donald Trump. I

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