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

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.023 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S789 you say? What shall you say if Russia did we here, although then, as now, we Justice Department and its formerly again interferes in our election and gave the minority the right to request proud Office of Legal Counsel now are Donald Trump does nothing but cele- subpoenas and to compel a vote, and mere legal tools at the President’s dis- brates their efforts? What shall you say they did. posal to investigate enemies or churn if Ukraine capitulates and announces So the due process the House pro- out helpful opinions not worth the investigations into the President’s ri- vided here was essentially the same paper they are written on. The FBI vals? and, in some ways, even greater. 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

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.026 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S791 hope the rest of you will join in this So I will ask us once again, what offense that unquestionably demands vote, but I am not naive. I understand does America stand for? In considering removal from office. If so, I then ask how President Trump operates. I know that question, I think of Dr. Martin whether the House proved beyond a how ugly it can become if you dare to Luther King, Jr.—the only man who reasonable doubt that it actually oc- challenge him. But your fear of this did not serve as President whom we curred. bully cannot outweigh your duty to the recognize with a memorial on our Na- The House’s case fails on the first of American people. Your fear cannot tional Mall. More than 50 years after those questions. The President’s re- blind you to how you will be viewed by his assassination, Dr. King’s life’s work quest is not impeachable conduct under history. What you should really fear is to make our Nation more fully live up our Constitution. A President isn’t pro- what will happen when there are no to our founding principles still reso- hibited by law from engaging the as- limits on any President, even when he nates. These are the same principles sistance of a foreign ally in an anti- is risking our national security and our that compelled my father’s family to corruption investigation. foreign alliances to illegitimately come to this country: liberty, equal The House tries to make up for this maintain his grip on power. justice, democracy. hurdle by suggesting that subjective What we should all fear is what While fighting for those principles, motive—in other words, political ad- President Trump will do next if the Dr. King wrote in his letter from a Bir- vantage—can turn an otherwise unim- Senate does not hold him accountable mingham jail: ‘‘The ultimate measure peachable act into an act that demands for the clear abuses of power he has al- of a man is not where he stands in mo- removal from office. I won’t support ready committed. This is the same ments of comfort and convenience, but such an irreversible break from the President who praises dictators and where he stands in times of challenge Constitution standard for impeaching a despots and jeopardizes our inter- and controversy.’’ My colleagues, this President. national alliances. This is the same is one of those times. The Senate is an institution of prece- President who stole billions of dollars Two years after writing the Bir- dent. We are informed and guided by from military construction funds to mingham Jail letter, Dr. King led thou- history and the actions of our prede- pay for his monument to division and sands on a 5-day, 54-mile march from cessors, but our choices also actually racism. This is the same President who Selma to Montgomery for our funda- make history. These days, that can be is more focused on lobbing insults and mental American right: the right to difficult to keep in mind. A rush to convict or acquit can lead to cut cor- spreading Russian conspiracy theories vote in free and fair elections. Remem- ners and overheated rhetoric. on Twitter than he is on his own intel- ber, that right is what President Trump has threatened by inviting for- We are each bound by our oath to ‘‘do ligence briefings. impartial justice.’’ As President pro Let me just say that I pay close at- eign interference in our elections. Upon tempore of this institution, I recognize tention to the intelligence that I am reaching the steps of the Alabama that we must also do justice to the allowed to see, and from my seat on State Capitol, Dr. King proclaimed: Senate and to the Republic that this both the Armed Services and Intel- ‘‘We must come to see that the end we Senate serves. ligence Committees, I am acutely seek is a society at peace with itself, a society that can live with its con- This trial began with a full and fair aware of the threats that our Nation debate on the rules to guide our proc- faces. They include an emboldened science.’’ I sincerely hope that those of us in this body can keep seeking that ess. We considered and voted on 11 North Korea, the Iranian regime, and amendments over nearly 13 hours. Con- terrorist organizations across several society, that America. Before I finish, I also want to address sistent with precedent, the Senate continents. adopted rules allowing the same length Russia and China are acting aggres- Americans who have watched this trial unfold and are rightly disappointed by of time for arguments and questions as sively to assert their authoritarian in- was agreed to unanimously in the 1999 fluence and provoke American inter- the coverup that it has become. I would urge you to remember what Dr. King Clinton impeachment. Consistent with ests and our allies, including the said about accepting finite disappoint- precedent, we engaged in a robust de- Ukraine. Finally, with the 2020 Presi- ment but never losing infinite hope. bate on calling witnesses and pursuing dential election mere months away, Despite what the Senate is about to do additional evidence. We sat as a Court Russia is once again targeting our elec- and the danger I fear it will bring of Impeachment for over 70 hours. The tion systems and manipulating our about, I will never lose hope in what final vote will be the product of a fair democratic discourse. America stands for because we the peo- and judicial process consistent with Right now, patriotic Americans precedent of the Senate. working in the State Department, for ple—not any King or dictator—still hold immense power in this Nation, I cannot say the same of the Articles our intelligence agencies, and serving and it is up to all of us now to wield of Impeachment that we are consid- in the military are defending us from that power. ering today from the House of Rep- those very threats. These Americans I yield back. resentatives, which has the sole power pledge to obey the orders of their Com- The PRESIDING OFFICER. The Sen- of impeachment. After 9 days of presen- mander in Chief. They trust that their ator from Iowa. tation and questions and after fully Commander in Chief’s loyalty and sole Mr. GRASSLEY. Mr. President, as considering the record, I am convinced focus is squarely on the best interests Senators, we cast many votes during that what the House is asking the Sen- of the United States of America. I our time here. I have cast over 13,200. ate to do is constitutionally flawed and don’t say this lightly: President Trump Each one of those votes is important, dangerously unprecedented. has betrayed that trust. He promised but a vote to convict or acquit the The House’s abuse of power article us that he would put America first. In- President on charges of impeachment rests on objectively legal conduct. stead, he put himself first. is perhaps the most important vote a Until Congress legislates otherwise, a Throughout our history, the defense Senator could ever cast. Until now, it President is within his authority to re- of our Nation has depended on the lead- has happened only twice in our Na- quest that a foreign leader assist with ership of men whose names we now re- tion’s history, and it is something that anti-corruption efforts. To make up for member when we visit their memo- should never be taken lightly. this, the House of Representatives’ rials, names like Lincoln and Wash- President Trump has been charged of abuse of power theory rests entirely on ington and Roosevelt. These men all committing, according to the Constitu- the President’s subjective motive. This swore the same oath that President tion and in these articles, ‘‘high Crimes very vague standard cannot be sus- Trump did when they assumed our Na- and Misdemeanors’’ for requesting that tained. tion’s most powerful office. Our Presi- a foreign leader investigate his poten- The House offers no limiting prin- dents swear to ‘‘faithfully execute the tial political opponent and, No. 2, ob- ciple of what motives are allowed. Office of President of the United structing Congress’s inquiry into those Under such a flexible standard, future States’’ and to ‘‘preserve, protect, and actions. For this, we are asked to per- House of Representatives could im- defend the Constitution of the United manently remove him from office. peach Presidents for taking lawful ac- States.’’ President Trump has violated As a judge and juror, as we all are, I tion for what a majority thinks are the that oath. first ask whether the charges rise to an wrong reasons.

VerDate Sep 11 2014 00:05 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.027 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S792 CONGRESSIONAL RECORD — SENATE February 3, 2020 The House also gives no guidance but the House failed to enforce those open, transparent consideration by the whatsoever on whether conviction requests. When challenged to stand up Senate. The American people are more rests on proving a single, corrupt mo- for its subpoenas in court, the inves- than adequately prepared to decide for tive or whether mixed motives suffice tigating committee simply retreated. themselves the fate of the President in under their theory. In its trial brief, The House may cower at defending November. This decision belongs to the the House of Representatives argues its own authority, but the Senate voters. It is time to get the Senate that there is ‘‘no credible alternative shouldn’t have to clean up the mess of back to work for the American people explanation’’—those are their words— the House’s own making. For the many on issues of substance. for the President’s alleged conduct, but ways in which the House failed in the I yield the floor. once the Senate heard from the Presi- fundamentals of oversight and for the The PRESIDING OFFICER. The Sen- dent’s counsel in defense, then all of a terrible new precedent this obstruction ator from Washington. sudden, the House changed its tune. article would set, I will vote not guilty. Mrs. MURRAY. Mr. President, I have Now, even a credible alternative expla- Another point: There has been debate been in the Senate now for two Presi- nation shouldn’t stop the Senate from about the whistleblower, whose com- dential impeachment trials, and I can removing the President. plaint motivated the House’s impeach- tell you that this is never a situation I Reshaping their own standard ment inquiry. I have worked for and want to find our country in—not back midtrial only serves to undercut their with whistleblowers for more than 30 then and certainly not today—when initial arguments. And simply assert- years. I have sponsored numerous laws the odds of bipartisan cooperation, ing—at least 63 times that I counted— to strengthen whistleblower protec- even on responsibilities as solemn as that their evidence was ‘‘over- tions. Attempts by anyone to ‘‘out’’ a these, are brutally low. whelming’’ doesn’t make the House of whistleblower just to sell an article or In spite of this, I called for impeach- Representatives’ allegations accurate to score a political point are not help- ment proceedings to begin in the House or prove an impeachable offense. Even ful at all. It is not the treatment any in July of this past year, and I did so after arguments had concluded, the whistleblower deserves. However, it is because of the gravity of the threats to House managers started repeating the important for investigators to talk to our democracy that has been outlined terms ‘‘bribery’’ and ‘‘extortion’’ on whistleblowers and to evaluate their in Mueller’s report. At the time, I felt, the floor of the Senate, while neither claims and credibility because those if we did not fully explore those term appears anywhere in their Arti- claims form the basis of an inquiry threats, we would fall short of our con- cles of Impeachment. under checks and balances of govern- stitutional duty and set a precedent of So you get down to this point. It is ment. congressional indifference to poten- not the Senate’s job to read into House My office does this all the time. tially flagrant violations of our Con- articles what the House failed or didn’t When whistleblowers bring significant stitution—ones that could jeopardize see fit to incorporate itself. Articles of cases of bipartisan interest, we fre- our core democratic institutions. Impeachment shouldn’t be moving tar- quently work closely with the Demo- After hearing both sides’ presen- gets like moving a goalpost. The ambi- crats to look into those claims. I know tations and after reviewing every avail- guity surrounding the House’s abuse of the House committees have followed able source of information and testi- power theory gives this Senator reason that course in the past. Both parties mony, I believe it is painfully clear enough to vote not guilty. If we are to understand how to talk to whistle- that the President of the United States lower the bar of impeachment—and blowers and respect confidentiality. has abused his power and obstructed that is what the House of Representa- Why no efforts were taken in this Congress and that he should be re- tives is trying to do—we better be clear case to take these very basic, bipar- moved from office. on where the bar is being set. tisan steps is very baffling to me. I fear I want to talk about how I reached The House’s second article impeach- that, to achieve its desired goal, the this conclusion, which I did not do ing the President for what they call ob- House majority weaponized and politi- lightly, and take a few minutes to re- struction of Congress is equally un- cized whistleblowers for purely par- flect on the consequence of the deci- precedented and equally patently frivo- tisan purposes. I hope that the damage sion each of us is individually about to lous. This Senator takes great pride in done will be short-lived. Otherwise, the make. knowing a thing or two about obstruc- separation of powers under our Con- Throughout the trial, the contrast tion by the executive branch from both stitution will be weakened. between the presentations by the Republican Presidents and Democratic Finally, I have always made it a pri- House managers and the President’s Presidents in the 40 years that I have ority to hold judicial nominees to a defense team could not have been been doing oversight. Congressional standard of restraint and fidelity to starker or more damning for the Presi- oversight—like rooting out waste, the law, and as judges in this case, dent. fraud, and abuse—is central to my role which every Senator is, we should con- The House managers built an iron- as a Senator representing Iowa tax- sider those factors which counsel re- clad case that shows the President payers. In the face of obstruction, I use straint. abused his power and obstructed Con- the tools the Constitution provides to These articles came to the Senate as gress in ways that present grave, ur- this institution. Now, that is the very a product of a flawed, unprecedented, gent threats to our national security core of the checks and balances of our and partisan process. When the articles and to the rule of law. Over the course governmental system. were voted on by the full House, the of their arguments, it became undeni- For example, I fought the Obama ad- only bipartisanship was of those in op- ably clear: The corruption we have ministration to obtain documents re- position. Moreover, tonight, the Iowa learned so much about in recent lated to Operation Fast and Furious. caucuses will be finished. The 2020 months starts at the very top—with Under the House’s obstruction stand- Presidential election is underway. Yet the President of the United States. ard, should President Obama have been we are all asked to remove the incum- President Trump demanded a foreign impeached for his failure to waive bent from the ballot based on an im- government to intervene in our elec- privileges during the course of that in- peachment that is supported by only tions for his own political gain, and he vestigation? We fought President one party of the Congress. did so by withholding American tax- Obama on this for 3 years in the courts, The Senate should take no part in payer dollars and by ignoring congres- and we still didn’t end up with all that endorsing the very dangerous new sional authority. The President’s asso- we asked for. We never heard a peep precedent that this would set for future ciates acted with his full knowledge from the Democrats when Obama impeachments. We need no new normal and consent, and he himself pressured pulled that trick. when it comes to impeaching a Presi- Ukraine’s leader, knowing how much The hypocrisy here by the House dent. We have precedents of the past Ukraine depended on United States Democrats has been on full display for that should be followed, and they have support. These actions have already the last 2 weeks. In the case before us, not been followed. We have had more made us less secure as a nation. By de- the House issued a series of requests than 28,000 pages of evidence. We have laying vital military aid to Ukraine—a and subpoenas to the executive branch, had 17 witnesses and over 70 hours of key partner—President Trump has

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.029 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S793 emboldened Russia, one of our chief ad- The question is, What does each of us Thank you, Mr. President. versaries, and he has undermined our as an individual do with that informa- I yield the floor. credibility with other allies worldwide. tion? The PRESIDING OFFICER. The Sen- Critically, the President has also In sitting here, I have been reminded ator from Michigan. given every indication he will continue that this trial is so much larger than Ms. STABENOW. Mr. President, I to put his own interests ahead of Amer- any one of us—larger than any polit- rise today to speak during a sad and ican interests, including in our upcom- ical party and much larger than Presi- perilous moment in our Nation’s his- ing elections, and he has, time and dent Trump. It is fundamentally about tory. again, refused to recognize Congress’s whether we will stand up for the insti- Our Nation was founded on impor- constitutional authority to oversee the tutions that secure our autonomy as a tant, basic principles that ‘‘all men’’ executive branch. In addition, informa- people—institutions we hope to leave and women ‘‘are created equal’’ and tion continues to come out that fur- stronger for our children and grand- ‘‘that they are endowed by their Cre- ther implicates the President and dem- children. ator with certain unalienable Rights, onstrates not only his intent to abuse To go a step further, really, this trial that among these are Life, Liberty and the power of our highest office but his is about freedom in our country be- the pursuit of Happiness.’’ With rights, of course, always come direct personal engagement and efforts cause, if the President feels he owes his responsibilities. America is a nation of to do so. office to a foreign government, not to laws, and no person, not even the To summarize, the House’s argu- Americans, then whom does the Presi- President of the United States, is ments made it impossible to ignore a dent truly serve? How can he be trust- above these laws. No person, not even reality our Founders deeply feared—a ed? If foreign governments can skew the President of the United States, is President who betrays our national se- our elections in their favor, if they above these laws. That has been true curity for his own personal benefit and interfere with Americans at the ballot since our Nation was founded, and it is disregards the system of checks and box this November, then are Americans still true today. balances on which our democratic in- truly represented in the White House? Unfortunately, President Donald stitutions depend, who believes he is Is there any American who is really Trump has abused his power and acted above the law—contrary to the most free if a President can owe his election as if he is above the law. He did this by fundamental American principles. to an entity outside and aside from the holding up critical military aid to pres- The President’s defense did not di- American people and if foreign govern- sure a new foreign leader to investigate rectly refute those charges against the ments can help to decide who is in our a political rival for his own political President or the thorough case that highest office? benefit. Then he did everything he the House presented. In fact, the Presi- These questions and their chilling could to try and cover it up after he dent’s defense only served to illustrate answers have led me to my final deci- got caught. how indefensible the President’s ac- sion, and I hope others consider them As U.S. Senators, it is our constitu- tions were. We heard complaints from carefully as they make their own. tional duty to fairly and thoughtfully the President’s defense about the I also want to speak for a minute consider Articles of Impeachment, lis- House’s process, which the President about fear. There are really two dif- ten to the evidence, and make a deci- refused to engage in. ferent kinds at work in this moment. sion that honors our Nation’s values We heard a debunked conspiracy the- One is the fear of political con- and our fundamental belief that no one ory about Ukrainian election inter- sequences. I remember how many is above the law. ference even though the President’s Members of Congress felt compelled to That is exactly what I did, and it is own advisers repeatedly explained to vote for the war in Iraq. The political why I will vote to convict President him that Russia, not Ukraine, inter- pressure was palpable. That kind of po- Trump and remove him from office. fered in our 2016 election. litical fear is palpable again today, but The facts show the President did ev- We heard the denial of a quid pro quo fear of political consequences must erything he could to cover up the that, as the House managers laid out in never supersede concern for our coun- truth, put our elections under even excruciating detail, was borne out not try, and we should be fearful for our greater risk of foreign interference, only on the President’s July 25 call country today. and damaged the constitutional checks with President Zelensky but in hun- We should be fearful for our future, and balances essential to our democ- dreds of documents from before and for our safety, and the rule of law if the racy. after that call. evidence we have heard cannot per- Let’s be clear. We are here because of We did not, however, hear any sub- suade this body to act on the painful one person. We are here because of one stantive defense of the President’s ac- truth before us. Our President has be- person—President Donald J. Trump. tions. Tellingly, the President’s de- trayed the public trust, flagrantly vio- The President was provided multiple fense vehemently opposed common- lated our laws, and proved himself a opportunities to prove his innocence, sense requests for the President’s own threat to our national security. So I as he should be. The House made key aides to testify and for the consid- ask my colleagues how they want to countless requests for documents dur- eration of his aides’ documents as part feel not in this moment here today but ing the impeachment inquiry. The of this trial. in the years ahead and as part of our White House ignored them. If the President were as innocent as Nation’s history as more information The House issued 42 subpoenas. The he claims, surely, his aides and his ad- continues to come out about this ad- White House refused to comply and ministration’s materials would bear ministration—and it will—as we get even went so far as to threaten and in- those claims out, and he would want closer to an election we still have a timidate those people who chose to ap- them considered. He and his team do unique opportunity to help protect, pear. not. and as we explain this difficult but piv- Yet, even with this unprecedented In 1999, I said that, if we were to re- otal time to our grandchildren. Look- level of obstruction, the House made a move a sitting President, none of us ing back, whom or what will you want strong case for impeachment. should have any doubts. Based on the to have stood for—this President or our Once impeachment moved to the facts we have heard today and the dis- country? Senate, the President again had nu- traction and obfuscation that has been I believe, as Representative SCHIFF merous opportunities to defend him- offered in response, none of us should said so simply and powerfully, that in self. The American people and the peo- have any doubts that the President America, ‘‘right matters.’’ ple of Michigan strongly supported committed the impeachable offenses of But I also note right matters only be- having additional documents and rel- which he is accused. cause so many people have, throughout evant witnesses—firsthand witnesses What we now know is the President our history, stood up for what is right, who could speak to the Articles of Im- of the United States demanded that a even when—especially when—it may be peachment. That is what a trial is sup- foreign government interfere in our difficult. posed to be about. elections to help him win his upcoming Today each U.S. Senator is called to Yet the Senate did not hear from campaign. That truth is indisputable. do the same. people who clearly have key, relevant

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.031 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S794 CONGRESSIONAL RECORD — SENATE February 3, 2020 information, including the former Na- to receive political help from a foreign Trump. This favor was to get a foreign tional Security Advisor, John Bolton, government. Americans must decide government to target an American cit- who is willing to testify, and, in fact, it American elections. This is funda- izen when our own intelligence services is just a matter of time when we will mental to our democracy and worth were legally prohibited from doing so— hear publicly, all of us, what he would continuing to fight for, which I intend an action that even Trump’s own Sec- have said to the Senate; Acting White to do. retary of State, Mike Pompeo, once ad- House Chief of Staff and Director of the Having said that, I am also deeply mitted is illegal. Mike Pompeo said: Office of Management and Budget Mick concerned about the divisions in our ‘‘It is not lawful to outsource that Mulvaney; OMB Associate Director of country, in our families, in our com- which we cannot do.’’ Yet that is what National Security Programs Michael munities. It is critical that we find the President was seeking. Duffy; and White House National Secu- ways to listen to each other, respect And that was not the only illegal ac- rity Aid Robert Blair. differences, and find common ground so tion. The GAO has said that holding up Common sense—common sense—says that we can address the important the Ukraine aid was a violation of the that if President Trump’s top staff issues affecting our families and our Impoundment Control Act. And when have evidence of his innocence, he country. These are indeed serious and the aid eventually went through in would have insisted that we hear from perilous times. It is up to all of us to September of last year, it wasn’t be- them, as we should. They would have stand up for what we believe is right cause they suddenly had a whole lot of rushed into this Chamber. and to work to strengthen our democ- new respect for the constitutional pow- Unfortunately, the exact opposite racy by coming together as Americans, ers of the Congress; it was because they happened, lending strong support for by finding ways to work together to got caught. the evidence presented by the House of solve problems. Our children and our When this abuse came to light, Don- Representatives. grandchildren are counting on us. ald Trump’s response was: I pretty Instead, the President’s defense team I yield the floor. much can do what I want. I am above argued that abuse of power is not a The PRESIDING OFFICER. The Sen- the law. crime and, therefore, not an impeach- ator from Oregon. On the south lawn of the White able offense, and it became clear that Mr. WYDEN. For the past 2 weeks, House, he confirmed that he wanted they believe, as the President himself the President’s defense team has spun Ukraine to smear the Bidens, smear has said on many occasions, that he bizarre legal arguments, conspiracy them by announcing investigations. He has power to do anything he wants theories, and flatout lies that are unbe- said he wanted the same thing from under article II of the Constitution. coming of the Office of the President of China. They also argued that if the Presi- the United States. In a White House press briefing, Mick dent thinks his reelection is in the pub- The country knows the facts. The Mulvaney, the Chief of Staff, confirmed lic interest, and if he does anything to President pursued his personal and po- that the scheme had been politically benefit his reelection, including get- litical interests in a way that harmed motivated. A reporter who was clearly ting help from a foreign country, then the national security of America. He stunned at the Mulvaney admission that too is in the public interest and smeared our own Ambassador to the asked for some clarification, and not an abuse of power. Ukraine. He promoted Kremlin propa- Mulvaney said: ‘‘I have news for every- Common sense would tell us other- ganda on 2016 election interference. He body: Get over it.’’ wise. sent his personal lawyer and willing And that, I would submit, is what Keep in mind that these are far from members of his administration to trade this trial is all about, whether the Sen- mainstream legal arguments, even in official acts in exchange for fabricated ate and the country have to simply get conservative legal circles. dirt on a political rival. He stopped $391 over it. I know some Senators are ap- These arguments have been made up million dollars in aid from going to the parently prepared to do exactly that, to protect President Trump and cover Ukraine, and when the Ukrainians but let’s consider the precedent that up his wrongdoing. These arguments made clear they were desperate for just ‘‘getting over it’’ sends. are nothing short of appalling, and I that aid to come through, he made his If this ends in an acquittal, it will am alarmed at what they suggest demands—come up with dirt on the signal that politicians can get away President Trump could do next week, Bidens, find or invent the server. with selling out American interests to next month, in November, or what any Donald Trump’s defense team has foreign coconspirators to rig an elec- President in the future could do. claimed the President wanted to fight tion. What is to stop the Russians from Is it now OK for the President of the corruption in Ukraine, but they have approaching a future President with United States to ask a foreign leader to produced zero hard evidence to support their own proposition: Dial back your investigate a Member of Congress or that claim. support for the Baltic States, and we any citizen if it helps him get reelected Never in the history of our govern- will take down your opponent. What and, thus, in his mind, benefits the ment has the President pursued a pol- would prevent the Chinese Government country? Is it now OK for the President icy end without generating what usu- from approaching a Senator and offer- of the United States to tell a Governor ally is mountains of paper, and yet ing fabricated dirt on Senators of the that they are not getting any critical here there are no memos, no meeting other party in order to smooth the way disaster relief until they endorse him records, no communiques on for a sweetheart trade deal? What if in the next election? Is it now OK for anticorruption—nothing. This defense the President hands the Saudis an en- the President of the United States to is fiction. emies list of political opponents to ask foreign leaders to give campaign It is fiction because the President hack in exchange for military tech and contributions or other political help in was not fighting corruption in Ukraine. a few regiments of American soldiers in exchange for official visits? He was causing it. Yemen? I don’t think any of this is OK. The We also know the President was tell- Ending in acquittal without hearing people of Michigan don’t think any of ing the people around him to do what from any witnesses or getting any new this is OK, and I intend to do every- he wanted with respect to the Ukraine. evidence will say that the President thing I can to ensure that it doesn’t be- He was telling them to talk to his per- can rig impeachment trials as well. come our new normal. sonal lawyer—talk to Rudy. Because Every impeachment trial—every one— The Founders were smart. They had the President had forgotten what is included witness testimony. That is lived under a King, and they had no in- good for the American people, he ig- just good government 101. It is what tention of doing so ever again. I have nored the needs of our allies and for- Americans expect. It is what I heard in to wonder why so many of my Repub- given the attacks on American democ- open-to-all townhall meetings in Or- lican colleagues seem so, so eager to racy. egon from counties Donald Trump won give it a try. This is the United States What the American Government and from counties Hillary Clinton won. of America. In our country, no Presi- under this President was after—the The Republican Senate majority is ap- dent is above the law, and it is illegal only thing it was after—was a corrupt parently ready to acquit the Repub- for a candidate or any elected official favor for the personal benefit of Donald lican President without even going

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.033 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S795 through the motions, ignoring what ernment left for us by the Founders. This process should be based simply the American people expect. And we have no choice. He is guilty. He on our love and commitment to our How will we sustain a functioning de- must be convicted. country, not the relationship any of us mocracy when our leaders are allowed I yield the floor. might have with this President. I have to rig an election and there are no con- The PRESIDING OFFICER (Ms. always wanted this President and sequences? The Congress is going to ERNST). The Senator from West Vir- every President to succeed, no matter struggle to unwind that precedent. It ginia. what their party affiliation, but I deep- could outlive all of us. Mr. MANCHIN. Madam President, I ly love our country and must do what After these long days of arguments ask unanimous consent to make re- is best for the Nation. and questioning, in my view, this marks today, if I may, until I conclude. The Constitution refers to impeach- comes down to two simple questions. The PRESIDING OFFICER. Without ment ‘‘trials’’ and says the Senate First, the President swears an oath, objection, it is so ordered. must ‘‘try’’ impeachments. The Fram- Mr. MANCHIN. Madam President, I just like we do, to protect and defend ers chose their words carefully. They rise today to speak on the impeach- our revered Constitution. Does the knew what a trial was and what it ment trial of President Donald John President’s oath of office mean any- meant to try a case. By using the term Trump. I know this was not a difficult thing? When a President puts his own ‘‘standards of judicial fact finding,’’ it decision for many of my friends and interests first, when he extorts fab- calls on us to do what courts do every colleagues on both sides of the aisle, ricated dirt from a foreign government day and receive relevant evidence and but it is one that has weighed heavily for his political gain, he is obviously in examine witnesses. on me. Voting whether or not to re- violation of his oath. He is not pro- Sadly, the Senate has failed to meet move a sitting President is no easy de- tecting the constitutional right of its constitutional obligation, set forth cision, and it shouldn’t be, as the con- Americans to choose their own leaders by the Framers, to hold a fair trial and sequences for our Nation are severe. in free and fair elections. What he is As a moderate, centrist Democrat do impartial justice, and we have done doing is protecting himself and his own from West Virginia with one of the so in the worse way, by letting tribal power. most bipartisan voting records in the politics rule the day. What does the President’s oath of of- Senate, I have approached every vote I I supported President Trump’s calls fice mean if violating it carries no con- have cast in this body with an open for a fair trial in the Senate, which he sequences? If his oath means nothing mind and pride myself in working suggested himself would include wit- and he cannot be charged with a crime, across the aisle to bring my Republican nesses. But instead this body was then he is bound by nothing. And if we and Democratic friends together to do shortchanged, with a majority of my will not hold him to his oath, are we what is best for our country. Republican colleagues, led by the ma- not surrendering our own oath—our Where I come from, party politics is jority leader, voting to move forward own oath to protect and defend the more often overruled by just plain old without relevant witnesses and evi- Constitution? common sense, and I have never, in dence necessary for a fair trial, as our The second question is, Do we believe over 35 years of public service, ap- Framers intended. that this is a government of the people, proached an issue with premeditated History will judge the Senate harshly by the people, and for the people? Be- thoughts that my Republican friends for failing in its constitutional duty to cause the President’s lawyers stood on are always wrong and my Democratic ‘‘try’’ this case and do impartial jus- the floor right over there and said, in friends are always right. Since the peo- tice, to defend the Constitution, and to short, it is not. ple of West Virginia sent me here in protect our democracy. Sadly, this is Alan Dershowitz argued that nothing 2010, I have never forgotten the oath I the legacy we leave to our children and the President does to get reelected can took to defend the Constitution and grandchildren. be impeachable as long as he believes faithfully discharge the duties of the Removing a President from the office his reelection is in the public interest. office of which I am honored to hold. to which the people have elected him is The President’s counsel continued to It is by the Constitution that we sit a grave step to take, but the Framers build on that argument even after they here today as a court for the trial of gave the Senate this solemn responsi- claimed it was misunderstood—this impeachments. It is the Constitution bility to protect the Constitution and from the same administration that that gives us what Hamilton called the the people of this Nation. holds that the President cannot be ‘‘awful discretion’’ to remove the Over the duration of this trial, I have charged with a crime, that he exists on President from office. listened carefully as both the House a plane—literally a plane above the At the start of this trial, my col- managers and the White House Counsel law, as it applies to everyone else. leagues and I took an oath swearing— make their case for and against the Ar- If the President may commit crimes swearing—to do impartial justice. ticles of Impeachment. I commend in office and cheat in an election to I have taken this oath very seriously both sides for their great and grueling stay in power, then it is no longer a throughout this process, and I would work in defending their respective po- government of, by, and for the people. like to think my colleagues have done sitions. This is a government of, by, and for the same, because, as the House man- The House managers have presented Donald Trump. The proposition of free agers and our former colleague Repub- a strong case, with an overwhelming and fair elections in America is gone, lican Senator John Warner from Vir- display of evidence that shows what replaced by elections that happen on ginia said: It is not just the President the President did was wrong. The terms set by Donald Trump or on who is on trial here but the Senate President asked a foreign government terms set by a future President with itself. to intervene in our upcoming election the same sort of boost from a foreign The Framers of the Constitution and to harm a domestic political rival. power. chose the Senate for this grave task be- He delayed much needed security aid to Putting aside whatever political fall- cause, according to Hamilton, they ex- Ukraine to pressure newly elected out there may be in the days and weeks pected Senators to be able to ‘‘pre- President Zelensky to do him a favor, ahead, we have to ask, how can the serve, unawed and uninfluenced, the and he defied lawful subpoenas from Senate accept this degradation of the necessary impartiality’’ to discharge the House of Representatives. sanctity and security of free elections? this awesome responsibility fairly, However, the President’s counsel, Isn’t this institution supposed to pro- without flinching. too, defended their actions by laying tect our elections and defend our Con- The Framers knew this would not be out their case of the President’s ac- stitution? easy, but that is why they gave the job tions. They pointed to the unclassified The President’s attempt to cheat in to us, the Senators. They believed the transcript of President Trump’s July 25 the election and the extreme lengths Senate was more likely to be impartial call with newly elected Ukrainian he has gone to cover it up are obvi- and independent, less influenced by po- President Zelensky to make the argu- ously dangerously wrong. What he did litical passion, less likely to betray our ment that Trump discussed burden- is a violation of his oath. It is a be- oaths, and more certain to vote on sharing with other European countries trayal of the system of democratic gov- facts and evidence. and a mutual interest in rooting out

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.035 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S796 CONGRESSIONAL RECORD — SENATE February 3, 2020 corruption. They presented their views further poison our already toxic polit- verance and, of course, the staff that that the President was not given due ical atmosphere. has worked so diligently and has been process in the House of Representatives In weighing these thoughts, and of so patient as we have worked through and highlighted the expedited nature of all of the arguments brought forward this process. the House’s proceedings. Finally, they in the case, I must be realistic. I see no The impeachment trial of President argued: If a President does something path to the 67 votes required to im- Donald J. Trump was a moment in his- which he believes will help him get peach President Trump and haven’t tory that should have been shrouded in elected and reelected in the public in- since this trial started. However, I do the gravity of its potential con- terest, that cannot be the kind of quid believe a bipartisan majority of this sequences. Instead, day by day, we en- pro quo that results in impeachment. body would vote to censure President dured hyperbole in its most unserious Over the long days and nights of this Trump for his actions in this manner. form. trial, I have listened to both sides Censure would allow this body to unite It is easy to forget that America’s present their case and answer our ques- across party lines and as an equal appetite for scandal fades quickly once tions. I remain undecided on how I will branch of government to formally de- you exit the beltway around Wash- vote, but these points I believe to be nounce the President’s actions and ington, DC, but I encourage my col- true. First, it was not a ‘‘perfect’’ call. hold him accountable. His behavior leagues to recognize that the enthu- A newly elected President Zelensky, cannot go unchecked by the Senate, siasm with which the House managers with no experience in international and censure would allow a bipartisan have sought President Trump’s re- politics, gets a call from the leader of statement condemning his unaccept- moval is completely and inarguably di- the free world asking for a favor re- able behavior in the strongest terms. vorced from reality in the heartland. lated to U.S. domestic political affairs. History will judge the Senate for how As it appeared to my fellow Ten- No one—no one—regardless of polit- we have handled this solemn constitu- nesseans, the intentional mishandling ical party, should think what he did tional duty, and without bipartisan ac- of the House of Representatives’ con- was right. It was just simply wrong. tion, the fears of the great Senator stitutional duty was nothing more Pressuring a NATO ally who is actively Byrd will come true. As he said during than an attempt to prelitigate the 2020 fighting off Russian aggression in his the Clinton impeachment, the Senate election. That is correct—to prelitigate country is wrong. President Zelensky, will ‘‘sink further into the mire’’ be- the 2020 election and to remove Presi- or anyone else, should never feel be- cause of this partisanship. ‘‘There will dent Trump from office and thereby re- holden to the superpower of the world be no winners on this vote,’’ Byrd said. move him from the ballot. for a ‘‘favor’’ before they can receive ‘‘Each Senator has not only taken a Our partisan friends had decided on military aid. It is not who we are as a solemn oath to support and defend the the outcome that was necessary for country. We stand shoulder to shoulder Constitution, but also do ‘impartial them. They just needed to find a path with our allies and never, ever condi- justice,’ ’’ to help the Nation, ‘‘so help that was going to get them there. So tion our support of democracy for a po- me God ..... That oath does not say they had their outcome. They needed a litical favor. anything about political party; politics path. Of all of the arguments we have should have nothing to do with it.’’ We saw House Democrats freeze out heard from the House managers and I am truly struggling with this deci- the President’s counsel, refusing them White House Counsel during the long sion and will come to a conclusion re- an opportunity to fairly participate in days and nights we have sat here, the luctantly, as voting whether or not to the House Intelligence Committee’s in- most dangerous and the most troubling remove a sitting President is the most vestigation. to me is the false claim that the Presi- consequential decision that I or any House Manager SCHIFF created the dent can do no wrong, that he is above U.S. Senator will ever face. supposed conversations he falsely at- the law, and if it is good for the reelec- But regardless of my decision, and in tributed to the President and waited to tion of the President, then, it is good the absence of 67 votes, I am reminded see if his assertions would be ques- for our country. That is simply prepos- again of the words of Senator Byrd: tioned or if they were going to be ac- terous. That is not who we are as The House and Senate—Republicans cepted as fact. Americans. and Democrats—and the President Let me tell you something. I am a That is not how I was raised in the ‘‘must come together to heal the open mom and I am a grandmother. I will small coal mining town of Farmington, wounds, bind up the damaged trust, tell you this. I don’t think there is any WV. Where I was raised, no one be- and, by our example, again unite our mother on Earth who would stand for lieved they were better than anyone people.’’ it if her child did such a thing to a else and could act with total disregard ‘‘For the common good, we must now coach or a teacher or a Scout leader or for the well-being of their neighbor if it put aside the bitterness that has in- a minister. They would not stand for was for their best interest. That is not fected our Nation .... We [must] it, and yet the Senate was expected to why, over 230 years ago, the founding begin by putting behind us the distrust indulge this unseemly behavior. This is generation rebelled against a King and and bitterness caused by this sorry epi- something that is appropriate that we refused to crown a new one in this Re- sode, and search for common ground question. public. So let me be clear. No one, not instead of shoring up the divisions that The House managers relied heavily even the President, is above the law. have eroded decency and good will and on the assertions of a whistleblower Finally, the purpose of impeachment dimmed our collected vision.’’ but refused to reveal anything about is not to punish the President but to It is not the legacy of the individual the circumstances that led to the whis- protect the public. The ultimate ques- Senators we should be concerned tleblower’s report. So here we are at tion is not whether the President’s about, but it is the legacy of this great the end of the trial. Do we know if the conduct warrants his removal from of- institution, the U.S. Senate, that we whistleblower is a person or if it is a fice but whether our Nation is better leave for generations to come. group of people? Does the report rep- served by his removal by the Senate I thank you, and I ask the good Lord resent a consensus of ideas or just bi- now with impeachment or by the deci- to continue to bless this great country ased opinion? Was it prepared by an in- sion the voters will make in November. of ours during this trying time. dividual or prepared by a committee? As Hamilton warned us, impeach- Thank you, Madam President. No one can answer that question ex- ments ‘‘seldom fail to agitate the pas- The PRESIDING OFFICER. The Sen- cept House Manager SCHIFF and his sions of the whole community.’’ They ator from Tennessee. staff from the House Intel Committee, divide us on party lines and inflame Mrs. BLACKBURN. Madam Presi- but that is not something they wanted our animosities. Never before in the dent, before I begin, I really want to to come down and talk about. history of our Republic has there been take a moment to thank our friend and When it became clear that the White a purely partisan impeachment vote of Majority Leader MCCONNELL for the House would push back on witness sub- a President. Removing this President manner in which he has worked to poenas seeking testimony protected by at this time would not only further di- make this trial run so smoothly. I also executive privilege, House Democrats vide our deeply divided Nation but also thank our colleagues for their perse- chose to move on rather than fight as

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.037 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S797 hard as they could for their case. They The PRESIDING OFFICER. Without cratic systems; or if Russia is trying to looked at those subpoenas, thought objection, it is so ordered. divide Europe so it can dominate Euro- about the evidence that might come Ms. CANTWELL. Madam President, I pean energy supplies and exert its in- from them, and decided: not worth the come to the floor to join my colleagues fluence over European policies. I just trouble. Instead, they tried to rely on speaking about what has transpired know this: We are not the first act of the pandemonium created by a historic over the last several weeks and also to this play. moment to convince their colleagues say something that I think is maybe This has been going on for many and the American people that justice not as obvious as what people realize, years and in many places. They have demanded a do-over—a do-over for the and that is that election interference is interfered in European elections. A 2018 House impeachment. the issue of our day. It is not because report shows, ‘‘the Europeans launched When that strategy failed, they we just spent 11 days talking about it, several multilateral and regional ini- blamed the Members of the U.S. Senate and what might have happened in the tiatives to improve Europe’s reliance for our unwillingness to go in and clean Oval Office about interference in the to improve Europe’s resilience to build- up their mess. This wasn’t a pressure upcoming 2020 election. It is the issue ing collective defenses against tactic; it was a manipulation tactic of our day because we live in an infor- disinformation and cyber-attacks, im- aimed right at the hearts of the Amer- mation age, and weaponizing misin- proving cross-border cooperation . . . ican people. formation has become a lethal cam- and applying sanctions against mali- Unfortunately for the House man- paign tool. That is to say that, if you cious actors.’’ agers, the people see with dazzling clar- tarnish your opponent enough with The Russians interfered in our 2016 ity what has transpired within the four misinformation, accuse them of cor- election, our own intelligence agencies walls of this Chamber. The House man- ruption, then you can either score by agreed. agers have asked us to go on the record wounding them fatally—that is, by get- The Special Counsel’s investigation and rubberstamp history’s first—his- ting people not to vote for them or by ‘‘established Russia interfered in the tory’s first—impeachment inquiry to disincentivizing people to vote at all. 2016 election principally through two be filed solely on the basis of partisan Claiming corruption seems to be a operations. First, a Russian entity car- politics—first one. They have asked us pretty good tool these days to wound ried out a social media campaign that to ignore how quickly they moved to anybody, to wound institutions, the favored Presidential candidate Donald J. Trump and disparaged Presidential impeach President Trump and to not free press, legitimate government over- candidate Hillary Clinton, and second, compare their timeline to the sight, but most seriously, it wounds a Russian intelligence service con- timelines from the Nixon or the Clin- our democracy by sowing doubt into ducted computer intrusions and oper- ton impeachment. free and fair elections. Once voters be- ations against entities, employees, and Colleagues, I did my constitutional lieve the election results are corrupt, it volunteers working for the Hillary due diligence. I have read the House is hard for them to have faith in the re- Clinton campaign and released stolen managers’ brief and those reports pre- sults, and it is hard to make tough de- cisions that we need to make as a soci- documents.’’ pared by the House Republicans and We must fight back against Russia or ety to move forward. Voting, in and of the President’s counsel. I saw it all in anyone who interferes in our elections. itself, does give us confidence as a na- black and white, and it was my due Protecting our elections should be a bi- diligence that has led me to support ac- tion, unless we know there are free and partisan effort. We should listen to quittal. fair elections, we know the public has what the intelligence community says, Now, when I was serving in the spoken and the results are legitimate. because they are warning us now that I am personally grateful to my prede- House, there were times when I became Russia will interfere again in the 2020 cessor, Senator Slade Gorton, for how frustrated with President Bush or, elections. then, with President Obama. And when he handled the 2000 election. After a 3- That is why I take so seriously the we, as Members of the House, at that week recount and a margin of less than House charges that President Trump point in time were faced with President one half of 1 percent, with control of was involved in a scheme, over a long Obama’s apology tour, his senseless the Senate, a 50–50 split to be decided, period of time, involving many people, pursuit of government-run healthcare, he conceded. Since then—and even at to ask the Ukrainians to interfere in and his involvement in the Fast and that time—some States tried to sup- our election. Furious scandal or the DACA executive press provisional ballots. But Senator As Federal Election Commissioner memo, my colleagues and I discussed Gorton not only believed that provi- Ellen Weintraub said, ‘‘let me make the possibilities of impeachment: What sional ballots were legitimate, but he something 100% clear to the American are we going to do about this? We believed that the election was cor- people and anyone running for office. It looked at all the facts, and ultimately rectly decided. That must have been a is illegal for any person to solicit, ac- we chose a different path, a different tough moment for him as he saw a cept, or receive anything of value from path that respected the American peo- shift in public sentiment in the State a foreign national in connection with a ple. We litigated our policy differences of Washington, as we have moved more U.S. election. This is not a novel con- in the courts, where those battles be- toward a different direction. cept.’’ long. But today we live in a world of So why has President Trump contin- So, Madam President, I ask my col- disinformation, where distrust can be ued to sow distrust in our elections? He leagues that, when the time comes, served up like your own personal cock- thought it was okay to ask the Rus- they exercise the same restraint. I im- tail. After consuming and analyzing sians to interfere in 2016, and he seems plore every Member of this body to rec- endless amounts of personal data about to be inviting Ukrainian interference ognize the supremacy of the Constitu- you, someone knows exactly what in 2020. tion over partisan spin. Vote to acquit. disinformation tactic will work best As one of my former campaign staff- Vote to reject the two Articles of Im- with you. It is almost like ers asked last weekend, ‘‘are cam- peachment. disinformation on steroids. paigns now going to be communica- I yield the floor. Our adversaries, the Russians, are es- tions directors, fundraising directors, Madam President, I suggest the ab- pecially sowing these seeds of distrust and foreign operations directors? You sence of a quorum. into our democracy trying to dissuade know, those people who go around and The PRESIDING OFFICER. The people from even voting and more seri- seek influence, perhaps dark money or clerk will call the roll. ously trying to divide us as a Nation endorsements from foreign govern- The senior assistant legislative clerk and tarnish our democracy. I don’t ments? Will this become some sort of proceeded to call the roll. know if this is some payback from norm because we’re not acting?’’ The PRESIDING OFFICER. The Sen- President Putin, who believes that the We already know what the dark, ator from Washington. United States helped in the demise of murky world of Paul Manafort looks Ms. CANTWELL. Madam President, I the Soviet Union, or if Russia is just like. That is why it is so important for ask unanimous consent that the order trying to undermine American and Eu- us to be clear here. Seeking, request- for the quorum call be rescinded. ropean trust and free and open demo- ing, and accepting interference in a

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.039 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S798 CONGRESSIONAL RECORD — SENATE February 3, 2020 U.S. election campaign is wrong. It is I hope that we have taken this elec- shame on anyone who places this Presi- not just inappropriate, it is not just tion interference issue seriously. I plan dent or any President above the law. improper, it is illegal. By calling it im- to work with my colleagues, on a bi- The President is not above the law. No proper or turning a blind eye in this partisan basis, to get more laws passed one is above the law. The President is case, is enabling more election inter- on election security and to stop inter- guilty on both counts. ference. ference. I have been a loud and con- The Constitution gives extraordinary What is not clear is who are all the sistent spokesperson for better cyber- powers to the President under article President’s men in this administration security in our Nation. I am not going II, and that makes sense because with- who are helping him abuse his power. to let our democracy be eroded by for- out a powerful magistrate, the govern- He is using his office for political gain. eign interests that want to harm what ment can’t function. But in granting How are they accomplishing this task is so precious in our Nation. I will be these powers, the Framers thought for him? voting for both articles, and for im- carefully about how to constrain them, It is so disappointing to see that this peachment. and they decided that a President might be happening in our Nation. I yield the floor. could be controlled to greater or lesser Where will the abuse stop? I know this. The PRESIDING OFFICER (Mr. degrees by the legislature, by the judi- As a young girl, I remember the Satur- BOOZMAN). The Senator from Hawaii is ciary, and by the voters. But the Fram- day Night Massacre, the time when Bill recognized. ers couldn’t contemplate this level of Ruckelshaus and Elliot Richardson Mr. SCHATZ. Mr. President, the polarization where, even in the face of stood up to illegal behavior. My father, American experiment was a radical the overwhelming evidence of high at the time was definitely a Democrat, one. It imagined equal justice under crimes, one party would not just exon- but he wanted me to understand this the law. It imagined equal protection erate him for it but, in fact, ratify lesson. People of the other party might under the law. It imagined a cum- these crimes. They didn’t imagine that not share the same philosophy, but bersome system in which tyranny one party would be so uniformly loyal they did share the same Constitution, could be avoided by the constant strug- to its President that it could maintain and the scales of justice are balanced. gle between elected and appointed lead- a hammerlock on the Senate, pre- Yes, there is probably no harder task ers, and it intentionally sacrificed venting the prospect of 67 votes from than to stand up to the President of speed, efficiency, and convenience to ever being available for removal. your own party, but that is what Bill avoid the abuse of power. And so it is I don’t think we are in danger of the Ruckelshaus and Elliot Richardson did. with unending regret that I see what is impeachment process becoming rou- I remember that lesson and called happening. tine; I think we are in much greater Bill Ruckelshaus after Jeff Sessions I grieve for the Senate, an institution danger of making the impeachment recused himself and was fired. Bill’s ad- both hallowed and flawed, an elite process moot. And if so, God help us vice was prophetic. He said, ‘‘You place in the worst sense of the word, all. should use this opportunity now to and yet still the main place where But all is not lost. We remain a gov- make sure the next Attorney General American problems are to be solved. To ernment of, by, and for the people. If will be an independent and help rein in paraphrase Winston Churchill, the Sen- people across the country find this as this president’s abuse of power.’’ Well, ate is the worst legislative body, ex- odious to our basic values as we do, in we obviously did not get that done, and cept for all of the others. 8 months the American public can we all know what that outcome has There are millions of Americans who render their own verdict on the Senate. been. have formed a basic expectation about I yield the floor. It occurred to me last weekend that how a trial is to function based on hun- I suggest the absence of a quorum. maybe the Saturday Night Massacre in dreds of years of law and based on their The PRESIDING OFFICER. The this case has happened. Maybe John common sense. Make no mistake— clerk will call the roll. Bolton and Fiona Hill will turn out to what the Senate did was an affront to The legislative clerk proceeded to be those people who stood up to the the basic idea of a trial. And for all of call the roll. abuse of power. I know this: It is im- the crocodile tears of my colleagues, Mr. INHOFE. I ask unanimous con- portant to have listened to them. all of the fake outrage at the accusa- sent that the order for the quorum call Twice in this gallery over the last tion, we must call this what it was—it be rescinded. several weeks I heard a young baby is a coverup. The PRESIDING OFFICER. Without cry. I thought how unusual that some- I don’t know what Mulvaney or objection, it is so ordered. body would bring a child to an event Bolton or Pompeo would say. I don’t The Senator from Oklahoma is recog- like this. Probably their parents want- know what the documents would illu- nized. ed to be part of history. And then I minate. And I believe it is normally Mr. INHOFE. I ask unanimous con- thought about what that child would very dangerous to ascribe motives to sent to be allowed to speak as in morn- say, probably over the rest of their life: fellow Senators when criticizing their ing business for whatever time I shall that they had been at this impeach- vote. But it is impossible for me to es- consume. ment trial. cape the conclusion that they don’t The PRESIDING OFFICER. Without But what I want to know is about the want to know; that they wanted to get objection, it is so ordered. reflections 30 or 40 years from now. this over with before the Super Bowl, Mr. INHOFE. Mr. President, nearly 20 Will we be remembered for rooting out of all things. They are afraid of this years ago, I was here in this exact illegal activity, stopping interference house of cards falling all the way down. spot—I remember it so well—delib- in our elections or not, or will this mo- As I look at the Republican side of erating the guilt or innocence of a ment have been forgotten? the Chamber, I know this moment in President. It happens that at that I know my constituents have been history has made their particular jobs time, it was President Clinton from clear about this—and I don’t mean my extraordinarily difficult, requiring un- your State of Arkansas. At that time, constituents that support the Presi- common courage. They have to risk I said that I thought it would probably dent or my constituents that don’t sup- the scorn of their voters, their social be the most important vote I would port the President. I mean my con- circle, their colleagues, and their cast as a Senator. I was wrong. I think stituents who want to know that we President in order to do the right my vote on Wednesday—the day after are going to enforce the law. They thing. tomorrow—to acquit President Trump don’t care about what the outcome is On one level, I knew the likely out- will be the most important vote of my in the next election or how it might come, but the bitter taste of injustice career. I really believe that. benefit either party. And it is clear lingers in my mouth. Over the past few weeks, as we have that either party could overstep in this On behalf of everyone who couldn’t considered impeachment, there has situation. They want to know if we are get away with an unpaid traffic fine, is been a lot made of the fact that I was going to uphold the oath of office and in jail for stealing groceries so they willing to vote to convict President hold people accountable for could eat that night, who can’t get a Clinton 20 years ago and yet to vote wrongdoings that they pursue. job because of medical debt, I say the other way in the current process

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A03FE6.001 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S799 we are under right now. Putting the You have to keep in mind we have a mittee for FY 2016, and it happened to morality question from President Clin- very conservative President. He doesn’t be that the Democrats—the very three ton aside, this supposed debate high- just dish out foreign aid to everybody Democrats who were serving at that lights the central point of the dif- who needs it. In this case, there was a time—voted against it. They didn’t ferences in the impeachment process necessity to have military aid. We vote for it. This is the type of thing and why President Trump should not couldn’t get any lethal military aid you get when this hate-motivated stuff be impeached. from President Obama. All he wanted was going on for such a long period of Before Clinton was even impeached, to send was blankets and K-rations. time. he admitted to the crime of perjury. They don’t have K-rations anymore; The House didn’t prove that Trump This is a big difference because we have they call it something else. MREs. But, committed a crime. I am the first to a President right now who has not ad- nonetheless, there was not going to be admit I am not a lawyer. Sometimes I mitted that. In fact, there have not any military aid sent to them. think that plays to my advantage. I really been accusations of a crime. Our The Trump administration placed a look at things in a different way. I try debate then was about whether perjury brief, temporary hold on the aid to to just inject a little bit of common was a high crime or misdemeanor. I be- Ukraine to ensure that the American sense. I listened to the lawyers and, lieve it was. As I said then, the Presi- taxpayers were not going to be abused. frankly, I didn’t even understand what dent should be held to the highest This is very significant. He did this to some of them were saying, but I do standard. Ukraine to make sure that the amount know pretty much what is going on But that was substantially different of money that was sent in there was around here. than the question before us today. The going to be used properly and the In this case, the reasons behind why question put to us by the House man- amount of military aid that was going the President should not be impeached agers is an evidentiary one. It is one to be used. are common sense. He didn’t commit a that asks the question if, according to But at the same time, you have to crime. That didn’t come just from me. the evidence presented, there is a de- keep in mind he was doing that with You would expect me to say that. That termination that President Trump is everybody else too. He is just not a came from others who were the well-re- guilty of a crime, and the answer is no. fast-spending President. He is going to spected attorneys who were involved in Presidents should be held to the high- make sure things have to be made in each side of this case. Each of the past est standard, but that standard can’t accordance with their needs. In fact, at impeachment cases in the House of be a false, moving standard that isn’t other times, he withheld the same type Representatives accused Presidents based on evidence or is established by a financial aid to Afghanistan, South Johnson, Nixon, and Clinton of com- court of public opinion. Korea, El Salvador, Honduras, Guate- Here is why I will vote to acquit the mitting a crime. This President didn’t mala, Lebanon, and Pakistan. So the President. The whole impeachment in- commit a crime. But Clinton did, and fact that he did it with Ukraine was quiry was initiated on the basis that he admitted that he did. It was perjury consistent with his other policies. This President Trump orchestrated the quid at that time. That is a crime. It was is what he does and what he has always pro quo with Ukrainian’s President the same thing with Nixon and the during a phone call on July 25 of 2019. done. same thing with Johnson. So all those I am confident about this because I It is kind of confusing. things that have happened in recent A lot of people don’t really under- talked to President Trump directly history have been crimes but not with stand what it is all about, but Ukraine about it. I am the chair of the Senate this President. has had serious problems. You know Armed Services Committee, the com- The Democrats wanted to impeach what is happening. The Russians have mittee is responsible for authorizing President Trump since he took office. I been there mass murdering the Ukrain- lethal aid to Ukraine. I have been think there was a witness we had ians for a long period of time. We have working on securing that lethal aid for today—I believe it was today—they had watched that happen. So they kind of a long period of time, dating back to a visual up here that showed all the put this thing together saying: Well, 2014. In 2014, we had a different Presi- people who have been trying to im- there was an arrangement made by dent. It was President Obama. And peach President Trump ever since he President Trump that they would with- then the Ukraine President took office. I am talking about the hold military aid to Ukraine unless Poroshenko—I can remember being in first week he was in office. It was all there was a deal they could make and Ukraine with Poroshenko, and I talked documented up there. They are still at have something investigated by the to him about this. This was the same it. I have no doubt they will continue President of Ukraine. Now, the House time Russia was in Ukraine and was to do that, but it is not going to work. managers spent 75 percent of their time mass killing the Ukrainians. We went It didn’t work in this case. on this point and driving home the im- to President Obama to get help, and he Democrats have wanted to impeach portance of our partnership with wouldn’t do it. He didn’t want to send him since he took office. The Wash- Ukraine and talking about the Russian any lethal military aid. And he said ington Post reported the concerted ef- aggression. The facts weren’t there, over and over again—we talked about fort by the leftwing advocacy groups to but, worse, it is hypocritical. There blankets and K-rations. When Presi- move toward impeachment of the was nothing wrong with President dent Trump came into office, he President only minutes after his inau- Trump’s phone call with President changed it. He is the first President to guration. So they have been looking Zelensky. provide lethal aid to Ukraine. He has for a reason to impeach President You might wonder how I can be so been a committed partner in the region Trump. sure. It is simple. The House Demo- helping them withstand Russian ag- I think one of the stars of the testi- crats’ allegations were secondhand, and gression. mony that went on was Alan that means they were hearsay. There I bring this up because during the Dershowitz. He is someone who is held was not one direct witness. In fact, first 3 days of the House managers’ in the highest regard. He is a law pro- they had 17 witnesses in the House of presentation, about 75 percent of that fessor at Harvard University, and he is Representatives and not one of them time was spent on this issue talking a strong Democrat. He is not a Repub- were firsthand. The transcript speaks about his lack of support for Ukraine, lican. First thing he did was admit he for itself. There was no evidence of a when in reality, this President has voted for Hillary Clinton in 2016, so quid pro quo or of any wrongdoing, been supporting Ukraine. The House that qualifies him in a different way whatsoever, just of a President who un- managers who were serving in the than most of the people who were here derstands both the importance of House at that time—this is significant. as witnesses. He was direct in his pres- Ukraine as an ally and the importance Of the House managers—however many entation and shredded the Democrats’ of rooting out corruption. President were sitting over here for the last case. He made it clear that abuse of Zelensky said publicly that he felt no week—they are all talking about power should be a political weapon pressure. He testified about this and things they want to do for Ukraine. suited for a campaign, not impeach- Trump asking to investigate anything Yet the first vote that was taken origi- ment, as abuse of power is not a crime in exchange for foreign aid. nated in the Armed Services Com- or impeachable conduct.

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.040 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S800 CONGRESSIONAL RECORD — SENATE February 3, 2020 Dershowitz also explained that vir- tually reduced the spending in military on’s trial, Justice Byron White had a tually every President since President by 25 percent. I don’t think that has concurring opinion. Justice White said Washington could have been accused of ever been done in the history of this that the term ‘‘try,’’ as used in article impeachment if they used the criteria country, except maybe immediately I, section 3, clause 6, meant that the that the House managers—the ones following World War II. Yet there he is, Senate should conduct a proceeding in who were sitting over here—were rebuilding the military, and we are a manner that a reasonable judge using. That was a level that could not now back to where we are competitive. would deem a trial. be used or it would have affected every I have to admit, though, during those We failed to conduct a constitu- other President if it had been used at last 5 years of Obama, we really hurt tionally fair trial here in the U.S. Sen- that time. ourselves in terms of our relationships ate, and we can look to the President’s He also had an important comment in terms of China and Russia taking own counsel here for help in evaluating on whether or not we needed to hear the leadership positions they have our own conduct of this trial. The sworn testimony from John Bolton. taken. He has been rebuilding the mili- President’s counsel, Philbin, said that This is what he said. This is a quote by tary. He has been confirming constitu- you need to cross-examine witnesses in Dershowitz. He said: ‘‘Nothing in the tional judges. Confirming 187 judges in order to get to the truth. We had no Bolton revelations, even if true, would the last 3 years is a record that hasn’t witnesses under oath and no witnesses rise to the level of an abuse of power or been done before. Oddly enough, these cross-examined. The tragedy here is, if an impeachable offense.’’ That is Alan are judges who have actually read the the President is acquitted, there will Dershowitz. Constitution. That is a novel idea. always be a question as to whether this It is clear that President Trump I would say that this is the best econ- was a legitimate trial here in the U.S. must be acquitted of the charge of omy we have had in decades. Last week Senate. abuse of power on its merits. A vote to we went to 3.5 percent unemployment. Let me just spend a moment com- convict in this case would be a dan- We used to consider 4 percent unem- paring the impeachment proceedings of gerous precedent. ployment as being fully employed, and President Clinton’s versus those of I would say, time and time again, yet I don’t even have a memory to President Trump’s. that during the trial, the House man- when it has been down to 3.5 percent. With President Clinton, there was a agers have preached at us that the The trade deal we did is new. It trial in the Senate. It was acknowl- truth matters, that facts matter; that shows we are getting things done. We edged to be fair. Witnesses were called. we must convict the President and re- have more Americans working today President Clinton and his administra- move him from office. In fact, the than ever before, and the median tion officials had testified under oath House managers’ closing arguments—I household income is the highest it has and had been subject to cross-examina- tried to keep count of every time they ever been. tion. President Clinton showed remorse made the accusations using the words We are going to have a very signifi- for his conduct and apologized for his ‘‘cheat,’’ ‘‘obstruction,’’ ‘‘crimes,’’ and cant vote on Wednesday. I think you misconduct, and President Clinton’s it was so many times, I lost track—but know how I am going to vote. I am misconduct was personal in nature. truth matters. Just because you say going to vote to acquit the President Compare that to President Trump. the President has committed a crime on both Articles of Impeachment. That He blocked all witnesses and docu- doesn’t make it true. will be a very significant vote. ments and then, through counsel, pre- Here is what is true. This has been a I yield the floor. vented the Senate trial from calling partisan process from start to finish. The PRESIDING OFFICER. The Sen- any witnesses or producing any docu- Compare that to the past. The im- ator from Maryland. ments. He has never shown any re- peachment inquiry against President Mr. CARDIN. Mr. President, I ask morse. Even though most Senators Nixon was authorized by a vote of 410 unanimous consent that my full state- here know that what he did was wrong, to 4 in the Congress, an overwhelming ment be included in the RECORD. he has shown no remorse whatsoever, bipartisan vote. The same thing was The PRESIDING OFFICER. Without and his misconduct was that of abusing true with Clinton. They had 31 Demo- objection, it is so ordered. his office for personal gain—getting a crats who voted to impeach the Presi- Mr. CARDIN. Mr. President, con- foreign power to help in his election dent. Yet in the vote of this impeach- stitutional experts will be debating campaign. ment inquiry, the final vote to impeach President Trump’s misconduct for gen- Let me briefly go through article I. President Trump was strictly partisan. erations to come, but I think they will Article I states that he solicited a Not a single House Republican voted to reach consensus as to the misconduct foreign government, Ukraine, to inter- impeach the President. On the con- of the Senate in the Trump impeach- fere in the 2020 elections by its publicly trary, nearly every House Democrat ment. This is the first time in the his- announcing investigations that would did. The only bipartisan vote was tory of impeachment that no witnesses benefit his reelection, conditioned on against impeachment. and documents were allowed to be official U.S. Government acts of sig- I listened to the facts and I have lis- called by the U.S. Senate. It violates nificant value to Ukraine. The House tened to the evidence and I am con- the Constitution in the impeachment managers have submitted a voluminous vinced President Trump has not com- trial of Donald Trump by its failure to amount of information that supports mitted a crime. All the legal minds hold a constitutionally fair trial. that, and I refer to that in my attached who gave testimony pretty much At one time, I had the opportunity to statement, so I will not spend the time agreed with that, including present as a House manager an im- here to go through that. Dershowitz. peachment case here in the U.S. Senate Yet, even though there is enough in I think, though, it has to be said on a district court judge by the name the full record to establish the charges, there is a hatred for Trump. We have to of Nixon. I remember, when I appeared there are other issues that add to the admit there is something about him before the Senate, I was cautioned im- President’s committing these acts. that a lot of people don’t like, whether mediately, even though Judge Nixon First, as I mentioned before, the it is his demeanor or it is his style. I had been convicted of a bribery type of President issued a blanket obstruction understand that. But when you listen an offense in a criminal court, that it for any witness with firsthand knowl- to the substance, look at what he has was incumbent for us to present the edge of the President’s conduct to pro- done right now rebuilding the military, witnesses and documents in the U.S. vide testimony on these articles here including killing the top terrorists. I Senate and that the Senate would con- in the U.S. Senate. Yes, we can infer am particularly sensitive to this be- duct its own record in regard to the that, if the President had exculpatory cause this is my committee. We have proceedings. Yet, here, we are not hav- witnesses, he would have produced watched what he has done to the mili- ing witnesses in the President’s im- those exculpatory witnesses. tary. peachment trial. Secondly, the President’s impeach- Back during the Obama administra- We had some help from the Supreme ment attorney, Mr. Sekulow, said that tion, using constant dollars during the Court on this. In Nixon v. United you cannot view this case in a vacuum. last 5 years of his 8-year tenure, he ac- States, 1993, pertaining to Judge Nix- I agree. The President has consistently

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.042 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S801 misrepresented the facts and defamed Ambassador Volker said: Don’t start hearing direct evidence from wit- anyone who challenges him. an investigation in Ukraine on your nesses? The Senate chose not to hear Let me just give you one concrete ex- opponent in your election because that additional relevant evidence and key ample: the Mueller investigation, will sow division in your community. witnesses with firsthand knowledge of which has been cited in this impeach- Mr. Yermak responded: Do you mean the President’s conduct. However, the ment trial. The President denies Rus- like asking us to investigate Clinton Senate is not bound solely to the House sia’s initial involvement in our elec- and Biden? record when conducting an impeach- tions. He resisted efforts to hold Russia President Trump’s conduct has en- ment trial. The Senate should have accountable. He defamed the reputa- dangered our national security, our heard new and relevant evidence that tion of the special counsel. He willfully global leadership, and American val- bore directly on the Articles of Im- impeded the investigation. He attacked ues. peachment, including testimony from the integrity of our intelligence and Article II is a lot easier—obstruction former White House National Security law enforcement agencies. He also of Congress—because the facts clearly Advisor John Bolton, Acting White wrongfully claimed that the investiga- establish that the President’s blanket House Chief of Staff and Acting OMB tion exonerated him. He has done that obstruction, which he orchestrated, de- Director Mick Mulvaney, as well as over and over again. The findings in nied any access to individuals or to various other OMB and DOD officials. the report speak to a contrary conclu- documents in order to facilitate a The Senate should have demanded ad- sion. It says Russia interfered in our coverup of what was uncovered under ditional documents from the White 2016 elections in a sweeping and sys- article I of the Articles of Impeach- House, State Department, OMB, and tematic fashion. It reads: ‘‘If we had ment. DOD that bore directly on the Articles confidence that the president clearly It is essential for Congress to carry of Impeachment. The Senate should did not commit a crime, we would have out our responsibilities and to be able have been able to receive further evi- said so.’’ to get that type of information from dence before concluding its trial in this There are numerous instances in the President. It is exactly what the case, whether or not the additional evi- which the President may have ob- Framers of our Constitution intended dence was incriminating or excul- structed justice, but we left the further when they developed the checks and patory. As one of President Trump’s counsel Mr. Philbin said during the pursuit of that to Congress or to a balances in our system—that there trial, the best way to find out the truth prosecutor after he leaves office. would be no branch that would have is for witnesses under oath to be sub- Since he has taken office, the Presi- absolute power. We do not have a Mon- ject to cross-examination. The Senate dent’s pattern has been to mislead and arch. therefore failed in its responsibility misstate facts and to act as a bully President Trump has crossed the line when it did not conduct a constitu- against those who have had anything with his personal interests over the tionally fair trial. I suspect that Jus- to say against him that he has not country’s interests. He used the power tice White in the Nixon case would liked. It makes it easier for us to un- of his office for his own personal ben- efit. No one is above the law. We must have concluded that no ‘‘reasonable derstand how the illegal scheme in ar- judge’’ would conclude these pro- act to protect the Constitution and our ticle I unfolded. ceedings constitute such a trial. democratic system of government. It is I have one additional fact of why this The evident deficiencies of the Sen- points to establishing the facts. with a heavy heart that I will support ate trial has made it more difficult for The President has consistently both Articles of Impeachment. me to carry out my responsibility, and Senators have a grave responsibility shown no remorse. He continuously if the Senate fails to convict, that ac- when it comes to the power of impeach- tells us that the summary of the July quittal will always be questioned be- ment, particularly when it involves the 25 call shows a perfect call. We know cause of the absence of a fair trial. This how controversial that call was. It was President of the United States. This is process is not fair to the House, Sen- far from perfect. a very profound responsibility in which ate, American people, or the President. The next hurdle was, is this an im- Senators have to do what is right for Now, in regards to the specific Arti- peachable offense? I concluded that it our country. Our decision here will af- cles of Impeachment, article I alleges was. It is an abuse of power, which is fect not only this President but the fu- ‘‘abuse of power’’ by the President, an abuse of trust, which is clearly what ture of the Presidency itself. stating: ‘‘Using the powers of his high our Founders intended as being a high The Constitution leaves to the Sen- office, President Trump solicited the crime and misdemeanor while in office. ate ‘‘the sole power to try all impeach- interference of a foreign government, The President’s own analysis of this ments.’’ The Constitution clearly re- Ukraine, in the 2020 United States leads to the only conclusion, that being quires the Senate to conduct a trial. Presidential election. He did so that abuse of power must be an im- The Supreme Court, the ultimate in- through a scheme or course of conduct peachable offense. I say that because terpreter of the Constitution, has given that included soliciting the Govern- we had the President’s counsel—once the Senate some guidance in carrying ment of Ukraine to publicly announce again, Professor Dershowitz—who told out its responsibility to conduct im- investigations that would benefit his us that it was not an abuse of power peachment trials. Supreme Court Jus- reelection, harm the election prospects and that it was not an impeachable of- tice Byron White, in a concurring opin- of a political opponent, and influence fense. Professor Dershowitz said that if ion in Nixon v. United States, 506 U.S. the 2020 United States Presidential your election is in the public interest— 224 (1993), found that the Framers of election to his advantage. President if a President does something which he the U.S. Constitution clearly intended Trump also sought to pressure the Gov- believes will help him get elected in ‘‘that the term ‘try’ as used in article ernment of Ukraine to take these steps the public interest—that it cannot be I, section 3, clause 6 meant that the by conditioning official United States the kind of quid pro quo that results in Senate should conduct its proceeding Government acts of significant value impeachment. in a manner that a ‘‘reasonable judge’’ to Ukraine on its public announcement Well, that is an absurd situation if would deem a trial. Justice White ac- of the investigations. President Trump you adopt the logic of the President’s knowledged that the Senate ‘‘has very engaged in this scheme or course of counsel that abuse of power is not an wide discretion in specifying impeach- conduct for corrupt purposes in pursuit impeachable offense. It is clearly an ment trial procedures,’’ but stated that of personal political benefit. In so impeachable offense. The President’s the Senate ‘‘would abuse its discre- doing, President Trump used the pow- conduct has jeopardized America’s tion’’ if it were to ‘‘insist on a proce- ers of the Presidency in a manner that global leadership in promoting our val- dure that could not be deemed a trial compromised the national security of ues. Our values are our strength. by reasonable judges.’’ Justice Black- the United States and undermined the I thought it was very telling, the mun concurred in Justice White’s opin- integrity of the United States demo- conversation of Ambassador Volker ion. cratic process. He thus ignored and in- with Mr. Yermak, who is the principal The Senate has the sole power to jured the interests of the Nation.’’ counsel to President Zelensky of ‘‘try’’ impeachments. Yet how can the I reluctantly conclude that the Presi- Ukraine. Senate hold an actual ‘‘trial’’ without dent has indeed engaged in the conduct

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.053 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S802 CONGRESSIONAL RECORD — SENATE February 3, 2020 alleged. I come to this conclusion tions here that bear directly on the im- Mueller investigation and how, to this based first on the record during this peachment charges against the Presi- date, he mischaracterizes its conclu- impeachment trial. dent. Press reports indicate that, in his sion. The President was not exonerated In weighing the facts and evidence in upcoming book, Bolton will state that by the Mueller report, which found this case, I have listened carefully to the President explicitly told him that that Russia interfered in our 2016 Pres- all of the trial proceedings and taken he did not want to release $391 million idential election in a ‘‘sweeping and extensive notes, including during the in aid to Ukraine until it announced systematic fashion.’’ President Trump managers’ presentations and Senators’ investigations into his Democratic ri- consistently took steps to deny Rus- questioning period. Let me highlight a vals, including former Vice President sia’s involvement in tampering in our few key facts and pieces of evidence Joe Biden. Also, the President specifi- elections, resisted efforts to hold Rus- that were determinative for my think- cally asked Bolton to arrange a meet- sia accountable, besmirched the rep- ing, with the understanding that this is ing for President Trump’s personal at- utation of the special counsel while not an exhaustive list. torney, Rudy Giuliani, with President trying to dismiss him or willfully im- First, President Trump indicated his Zelensky to further the illegal scheme. peded his investigation, and repeatedly strong interest in having Ukrainian Notably, the former White House Chief attacked the integrity of our intel- President Volodymyr Zelensky open a of Staff at the time, John Kelly, be- ligence and law enforcement agencies. political investigation into the Bidens, lieves Bolton’s account. Indeed, the Mueller report stated: ‘‘If in a July 26, 2019, phone call between Sixth, the language used in the July we had confidence after a thorough in- the President and U.S. Ambassador to 25, 2019, phone call between Presidents vestigation of the facts that the Presi- the European Union Gordon Sondland. Trump and Zelensky was a direct solic- dent clearly did not commit obstruc- Second, Acting Chief of Staff and Of- itation of foreign interference (a tion of justice, we would so state. fice of Management and Budget Direc- ‘‘favor’’) by using a political investiga- Based on the facts and applicable legal tor Mick Mulvaney admitted that a tion to help President Trump’s cam- standards, however, we are unable to quid pro quo existed in terms of tying paign and hurt his Democratic rivals. reach that judgment.’’ At a press con- the release of U.S. funding to Ukraine Seventh, why did the Administration ference, Special Counsel Mueller reiter- to the opening of a political investiga- keep secret its hold on assistance to ated: ‘‘If we had had confidence that tion to help President Trump. Ukraine in order to allegedly combat the president clearly did not commit a Third, there are numerous examples corruption? The U.S. has generally no- crime, we would have said so.’’ The re- in the record of direct pressure on the tified countries, Congress, and the pub- port detailed numerous instances in Ukrainian Government to open polit- lic when it is withholding foreign aid in which the President may have ob- ical investigations for the personal order to change the country’s behavior structed justice, but left further pur- benefit of President Trump, including a and let them know what steps they suit of the matter to Congress or fu- September 1, 2019, Warsaw meeting be- need to take to resolve the hold. ture prosecutors once the President tween Ambassador Sondland and As the ranking member of the Hel- leaves office. Andriy Yermak, a top adviser to the sinki Commission and as a senior mem- With such a track record, it is easier Ukrainian President, which directly ber of the Senate Foreign Relations to understand how the facts presented tied U.S. military assistance to Committee, I know the importance of by the House managers tie together Ukraine to the opening of political in- promoting American values in foreign supporting an illegal scheme, orches- vestigations to hurt President Trump’s policy. The President’s conduct has trated by the President, to get Ukraine political rivals. These accounts were weakened America’s global leadership involved in our 2020 elections to help later confirmed in testimony by other in fighting corruption, promoting de- Mr. Trump’s reelection. U.S. diplomats, and on September 7, mocracy, and strengthening the rule of Third, the President has consistently Ambassador Sondland reiterated these law. failed to show any remorse for his con- themes following discussions with President Trump’s corrupt use of his duct, leading to the conclusion that he President Trump. foreign policy power compromised will continue to violate the sacred Fourth, before the July 25 phone call America’s ability to help shape the trust of the office. between Presidents Trump and global community that protects Amer- Having been satisfied that the Presi- Zelensky, former U.S. Special Envoy to ican values. dent did commit the offenses in the Ukraine Kurt Volker communicates The record shows that Ambassador first Article of Impeachment, the next with Yermak and conditions a White Volker tried to discourage Mr. Yermak hurdle is whether these constitute im- House visit to the launching of a polit- and the Ukrainian Government from peachable offenses. I conclude they do. ical investigation against the Presi- trying to prosecute the country’s pre- President Trump is not a King or Mon- dent’s rivals in Ukraine. vious President. Ambassador Volker arch. The Founding Fathers wisely cre- Fifth, on July 10, 2019, the White says he warned it would sow deep soci- ated a system of separation of powers House held a series of meetings with etal divisions. Ambassador Volker says and checks and balances so as not to high-level Ukrainian defense officials, that Mr. Yermak quipped in response, concentrate power in only one office or which conditioned a White House visit ‘‘You mean like asking us to inves- department of government. The Senate from the Ukrainian President with the tigate Clinton and Biden?’’ must reject President Trump’s state- opening of political investigations in In addition to the record, I am sup- ment on July 23, 2019, that his right Ukraine sought by President Trump. ported in my conclusions by three under article II of the Constitution is Notably, former National Security Ad- other considerations. First, why hasn’t ‘‘to do whatever I want as president.’’ visor John Bolton refused to be part of the President presented to the im- As noted in the House Judiciary any ‘‘drug deal’’ and asked his staff to peachment trial the testimony of the Committee report on constitutional report these meetings to National Se- witnesses that have direct knowledge grounds for Presidential impeachment curity Council lawyers. It was ex- concerning the factual allegations in (December, 2019), President Trump’s plained by National Security Council the Articles of Impeachment? I draw claim here ‘‘is wrong, and profoundly Member Fiona Hill that, by ‘‘drug from the absence of such testimony so, because our Constitution rejects deal,’’ Ambassador Bolton was refer- that it would only corroborate the pretensions to monarchy and binds ring to conditioning a White House record presented by the House Man- Presidents with law. That is true even meeting for the President of Ukraine agers. Secondly, counsel to President of powers vested exclusively in the with the Ukrainians starting the polit- Mr. Sekulow acknowledged ‘‘you can- chief executive. If those powers are in- ical investigations desired by the not view this case in a vacuum.’’ I voked for corrupt reasons, or wielded President. agree. President Trump, during his in an abusive manner harming the con- Mr. Bolton should have testified be- Presidency, has consistently misrepre- stitutional system, the President is fore the Senate, and we should not sented the facts and defamed anyone subject to impeachment for ‘high have to wait for his book release, after who has challenged him. crimes and misdemeanors.’ This is a this Senate trial concludes, to get a One clear and relevant example of core premise of the impeachment full accounting of firsthand conversa- this is how he tried to obstruct the power.’’ I agree.

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A03FE6.011 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S803 The President’s counsel notes that those subpoenas. President Trump thus personal interests over the country’s abuse of power could become too sub- interposed the powers of the Presi- interests, using the power of his office jective a standard for Presidential im- dency against the lawful subpoenas of for his own personal benefit. peachments. But as Representative the House of Representatives, and as- No one is above the law. We must act William Cohen remarked in President sumed to himself functions and judg- to protect the Constitution and our Nixon’s case, ‘‘It has also been said to ments necessary to exercise of the ‘sole democratic system of government. It is me that even if Mr. Nixon did commit power of impeachment’ vested by the with a heavy heart that I support both these offenses, every other President Constitution in the House of Rep- Articles of Impeachment, requiring the . . . has engaged in some of the same resentatives.’’ removal of the President from office as conduct, at least to some degree, but In particular, the second article al- well as the disqualification to hold and the answer I think is that democracy, leges that the President: No. 1, directed enjoy any office of honor, trust, or that solid rock of our system, may be the White House to defy a lawful sub- profit under the United States. eroded away by degree and its survival poena by withholding the production of I yield the floor. The PRESIDING OFFICER. The Sen- will be determined by the degree to documents; No. 2, directed other execu- tive branch agencies and offices to defy ator from Georgia. which we will tolerate those silent and Mrs. LOEFFLER. Mr. President, I am subtle subversions that absorb it slow- lawful subpoenas and withhold the pro- honored and humbled to stand before ly into the rule of a few.’’ duction of documents, including OMB you today as Georgia’s and our coun- The premise that abuse of power and the Departments of State, Defense, try’s newest U.S. Senator. being a too subjective standard belies and Energy; and No. 3, directed current As the 100th Senator, I have spent common sense and could lead to the ab- and former executive branch officials the least time in Washington, but as surd conclusion given by Professor not to cooperate with the investigating the least senior Senator, I am also the Dershowitz—one of President Trump’s committees, including Mick Mulvaney most recently attached to the private impeachment counsel—during the and numerous other officials. sector, where the vast majority of trial. He stated: ‘‘Your election is in After reviewing the evidence, I be- Americans live and work. I am in- the public interest. And if a president lieve that the Senate record supports tensely aware of the needs and the ex- does something which he believes will conviction under article II as an im- pectations that Americans hold for us. help him get elected in the public in- peachable offense. Just 2 months ago, I left nearly a terest, that cannot be the kind of quid President Trump carried out an ex- three-decade business career to serve pro quo that results in impeachment.’’ traordinary and unprecedented cam- the great people of Georgia and our Na- Abuse of power, as used by President paign of obstruction of Congress. Note tion, but being here in this respected, Trump, to further a scheme to get that President Clinton provided evi- historic Chamber is a very long way Ukraine to help in President Trump’s dence that was requested by the House from where I started. campaign must be an impeachable of- and Senate during impeachment pro- I was born and raised as the fourth fense if we believe our Constitution ceedings, and allowed multiple White generation of corn and soybean farm- guarantees that no one, including the House aides to testify in the under- ers, and I grew up working in our fields President of the United States, is lying investigation. President Nixon and with our cattle on the feedlot. I above the law. cooperated to an extent in his inves- waitressed and sold watches and shoes The President’s counsel also observes tigation, allowing numerous White to put myself through school. Then I that, when initiating Articles of Im- House officials to testify and providing moved around the country to pursue peachment, the House should only pro- substantial evidence to Congress in its my dream of a business career. I have ceed if there is bipartisan support, but inquiry. By contrast, President Trump been a job seeker and a job creator. I that decision is left solely to the issued an edict directing his adminis- haven’t spent my life trying to get to House. Once the House has acted, the tration to refuse to ‘‘participate’’ in all Washington, but I worked hard to Senate shall proceed to trial and must aspects of the House’s impeachment in- stand where I am today. render a decision based upon the case quiry. In particular, the October 8, I have lived the American dream, and presented. 2019, letter from the White House Coun- each day, I remember where I came There are clear distinctions between sel did not even attempt to assert any from, and I am proud of my beginnings. the Clinton and Trump impeachments. specific privileges. While I am an outsider to politics, I am In Clinton, the trial was acknowledged This trial has been very difficult for not new to getting results. I came here to be fair; witnesses testified before the the Senate and our Nation, but each to get things done for the people of Senate; President Clinton and members Senator must in his or her own judg- Georgia. So why does all of this matter today, of his administration testified under ment carry out the oaths we have in this historic moment right now, just oath; and documents were produced for taken as Senators to support the Con- 2 days from my vote to acquit Presi- review by the President. President stitution as well as our special oath to dent Trump? Because for months and, Clinton showed remorse for his conduct do ‘‘impartial justice’’ as participants sadly, years for many, Members of Con- and apologized. His misconduct was in this Senate impeachment trial, with gress who have meant to serve the personal in nature. Chief Justice Roberts presiding over American people have been tied up in a In contrast, President Trump blocked the Senate. political game. all witnesses and documents, and the Weighing the credibility of President There is much to regret here—the Senate called no witnesses to testify Trump, I find a clear pattern of mis- House’s false urgency to push through under oath. President Trump has conduct in office. President Trump’s deficient articles, only to ask for more shown no remorse, continuing to say obstruction of Congress shows a deep time, more evidence, more testimony; that the controversial call with Presi- and abiding disrespect for Congress and the deception of the House managers, dent Zelensky was ‘‘perfect.’’ Unlike lack of appreciation for the separation who are more focused on political President Clinton’s misconduct, Presi- of powers and system of checks and power than they are on pursuing the dent Trump has abused the power of balances in our government. facts; the media who ran with the nar- his office for personal gain. As the President and Commander in rative the Democrats planted, with se- Turning to the second Article of Im- Chief, President Trump used his power lective, unlawful leaks. peachment, Obstruction of Congress, to compromise and corrupt America’s For the last 132 days, Congress has the House alleges, that, in response to values. Our values are our strength. In been neglecting the American people. I their impeachment inquiry, President particular, President Trump has under- came here to get things done for Geor- Trump ‘‘directed the unprecedented, mined the rule of law, weakened our ef- gians, but for the last 2 weeks, we have categorical, and indiscriminate defi- forts to fight corruption both at home been stuck in the Senate Chamber, ance of subpoenas issued by the House and abroad, damaged our national se- working on something that most of Representatives . . . without lawful curity, and helped our adversary, Rus- Americans have little interest in. cause or excuse, President Trump di- sia. As my notebooks filled up, I thought rected Executive branch agencies, of- President Trump’s conduct clearly to myself, how did this case even make fices, and officials not to comply with crossed the line when he put his own it to the Senate?

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A03FE6.012 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S804 CONGRESSIONAL RECORD — SENATE February 3, 2020 When I am around the State, it is Yes, we are approaching a sad day for Again, the facts are not in dispute. very clear that this is not what people this body and for this country, but to So knowing that these are some of at home care about. Georgians aren’t those across the country who feel pro- the most serious and solemn words I losing sleep over a call the President foundly angry and saddened by this will ever say or utter on this floor, I made or questioning his constitutional miscarriage of justice, my message is will vote to convict the President on right to conduct foreign policy. They this: Do not give up. Do not stop fight- both Articles of Impeachment. He is are concerned with taking care of their ing to save our democracy because guilty by any standard. If he is allowed families, their jobs, and their freedom America is worth the fight. America is to act with impunity, he will be a con- to achieve the American dream and worth the fight. tinuing threat to the sanctity of our live the lives they imagined. I think of Make no mistake—try as they might democracy. He is patently unfit to hold young kids, whether in the inner city to cover it up, the full truth will come the highest office in our land. out. And the facts that have already or on a farm or in the suburbs. What While the Senate may vote to acquit example are we setting in Washington? been revealed are damning. The President’s handpicked Ambas- him, he will not be exonerated—not by Why should employers feel that Wash- this sham trial. While the Senate may ington cares about job creation when sador, Gordon Sondland, testified, ‘‘Ev- eryone was in the loop.’’ The more we vote to acquit the President, history there is a neglect of the engine that will not. makes America strong? find out, the more revealing his testi- Why are we here? We are public serv- mony becomes. Now, Senators on the other side of ants, charged with protecting the Con- Not only is the President implicated, the aisle are publicly and not so pub- stitution and our country and I hope, so is the Vice President and the Sec- licly admitting that they believe the in the process, bettering the lives of all retary of State and the Attorney Gen- President is guilty, that the House Americans. eral and the President’s acting Chief of managers proved their case. But these Despite this monumental distraction, Staff and his former Energy Secretary same Senators did not vote to hear wit- this administration has worked tire- and even the White House Counsel, the nesses and get documents. They will lessly to move our country forward. lead lawyer in this very proceeding. fail to hold the President accountable This is a pandora’s box the Repub- Last week, the President signed into for the wrongdoing they now say he is lican Party is fighting to keep shut, law the United States-Mexico-Canada guilty of. but it will not stay shut. The Presi- Agreement. Sadly, this sat on Speaker This is one of the worst abuses of dent’s misdeeds and his wide circle of PELOSI’s desk for 1 year, denying Amer- Presidential power in our Nation’s his- accomplices will go down as one of the ican farmers and workers untold eco- tory. This is as bad as or worse than ugliest episodes in American history. President Nixon’s. Nixon tried to cor- nomic opportunity. Even now, the evidence gathered by rupt the 1972 election and cover it up, Last month, the administration com- the House—that the President abused pleted a phase one deal with China, his office and taxpayer funds for per- but he didn’t try to extort an ally or now holding China accountable for un- sonal gain—is staggering. Ambassador invite foreign interference into our fair trade practices and adding to our Sondland didn’t sugarcoat the truth. election. thriving economy. ‘‘Was there a quid pro quo? The answer At that time, members of his party For 3 years, as the Democrats have is yes.’’ That was his quote. Using offi- with courage refused to turn a blind focused on taking down a duly elected cial power for personal gain—that is eye. The Republican Party of today President, President Trump’s pro- the very essence of abuse of power, and bears no resemblance to the party of growth policies have given us a boom- that is precisely what this President Howard Baker, who insisted on getting ing economy. These policies have re- did. That is hardly even in dispute. The to the truth. Howard asked: What did sulted in record employment, 7 million evidence is overwhelming. the President know and when did he new jobs, and a blue-collar boom that The President first withheld a cov- know it? It bears no resemblance to the is lifting up hard-working Americans. eted meeting until the Ukrainian party of Barry Goldwater, John This administration charges on, but President would announce investiga- Rhodes, and Hugh Scott, who went to it needs Congress’s support if America tions into the Bidens and the debunked Nixon to tell him the Republican Party is to move on with the American dream conspiracy theory that Ukraine, not could no longer protect him from im- for all. Russia, interfered in our 2016 election. peachment and removal. With that in mind, I say: Enough. The President next withheld congres- I am grateful to the honorable offi- Let’s put our trust in the American sionally appropriated military aid ille- cials who had the courage to act this people. They are the ones who should gally to try to force the Ukrainian time around, who defied the Presi- make a judgment about the President, President into making the announce- dent’s order not to come forward—Am- and they will do that in 9 months. Let’s ment of the investigations. bassador Yovanovitch, Lieutenant not be so arrogant as to take that deci- The independent Government Ac- Colonel Vindman, Ambassador Taylor, sion away from the American people. countability Office confirmed that the Mr. Kent, and the others. They risked Instead, let’s focus all of our energies President acted illegally. their careers and even their personal on improving their lives. Impeachment The President threatened our na- safety. We should at least—at least— does not do that. It is time to move on. tional security, the security of an ally, show the same courage because the I yield the floor. and the integrity of our next Presi- consequences of failing to hold this The PRESIDING OFFICER. The Sen- dential election. How much more could President to account could not be grav- ator from New Mexico. be at stake? er. Mr. UDALL. Mr. President, I come Ukrainian officials began asking before this body ith a deep sadness that about the aid only hours after the The guardrails have been taken off. this institution has failed the Constitu- President’s now-infamous July 25 call The President invited Russian inter- tion and failed the American people. with President Zelensky. That is ac- ference in the 2016 election and invited We have reached a low point in our cording to Laura Cooper, the Deputy Chinese interference in the upcoming history. We have failed to hold a fair Assistant Secretary of Defense for Rus- 2020 election. He said on national tele- and honest impeachment trial, and we sia, Ukraine, and Eurasia. A former vision he would probably take foreign are nearing a vote wherein we will fail Deputy Foreign Minister in Ukraine re- interference again. He is unapologetic to hold the President accountable for ports Ukraine knew of the freeze in and unrepentant. What is he going to his abuse of power and a coverup. July, and the whole world knew once do next once the Senate Republicans Thanks to the Senate’s Republican ma- the story broke the news on August 28. let him get away with this abuse, once jority, this body is complicit in that Fortunately, the President got we show that we are no longer a co- coverup in its refusing to call witnesses caught and was forced to release the equal branch? and obtain documents to get the full aid. He got caught red-handed and im- We have never ceded so much power truth. How can we turn a blind eye to mediately commenced a scorched-earth to the Executive. You can rest assured the truth as we cast one of the most blockade in Congress and the courts to that this President of all Presidents important votes we will ever take? cover up his grave misdeeds. will use that power and abuse it. Take

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.054 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S805 his word for it. He said, ‘‘Article II al- Sometimes it can seem far easier to they will be remembered as complicit. lows me to do whatever I want.’’ Pul- just stay silent. All of us know that it They will be remembered as not telling itzer Prize-winning Presidential histo- can be easier to avoid angry phone the truth. They will not be remem- rian Jon Meacham said the President is calls. But think about how much hard- bered well. now, and this is his quote, ‘‘function- er it would be to explain this moment I urge you to vote your conscience. ally a monarch.’’ That is stunning. in history to our children and our I suggest the absence of a quorum. Again, these are sad days for our Na- grandchildren. Think about how pain- The PRESIDING OFFICER. The tion, but as I said at the outset, we ful it will be to explain if you knew clerk will call the roll. cannot and will not concede our democ- what President Trump did was wrong The bill clerk proceeded to call the roll. racy. We cannot and will not concede and you did nothing; if you knew what Mr. MCCONNELL. Mr. President, I the values and principles that make President Trump did was wrong under ask unanimous consent that the order this Nation strong. We must restore the Constitution that you swore to up- for the quorum call be rescinded. the balance of power in our govern- hold; that you knew it was wrong, but The PRESIDING OFFICER. Without ment. We must restore accountability. you voted to acquit anyway because of objection, it is so ordered. Most importantly, we must start doing your ambition, because of your polit- f the work the American people sent us ical party. here to do. Our institutions are not Lest you think you can convince AUTHORIZING APPOINTMENT OF representing what the American people them otherwise, let me dispel this fic- ESCORT COMMITTEE want. Senate Republicans’ refusal to tion. History’s record of this time will Mr. MCCONNELL. Mr. President, I hold a fair impeachment trial, which is be very clear. The American people can ask unanimous consent that the Pre- what 75 percent of the American people see through these lies. They recognize siding Officer of the Senate be author- wanted, is just the latest example. the inconsistencies and the double- ized to appoint a committee on the While the Senate and the Constitu- speak. The American people are not part of the Senate to join with the like tion took a terrible battering the last 2 naive. They are not stupid. They are committee on the part of the House of weeks, I am even more committed to not ignorant. They are not immoral. Representatives to escort the President breathing life into our shared prin- My Republican colleagues are not of the United States into the House ciples of representative government. I naive or ignorant or immoral either. Chamber for the joint session to be am going to continue the fight to take They are good men and women. They held at 9 p.m. on Tuesday, February 4, obscene amounts of secret money out love their children, their neighbors, 2020. of our elections, to make it easier to and our country. I consider many of The PRESIDING OFFICER. Without vote, and to bring power back to the them my friends. When we have dinner objection, it is so ordered. American people and not hand it over together, when we go to visit the f to an imperial Presidency. troops overseas. We don’t do it as UNANIMOUS CONSENT AGREE- The Senate will have future opportu- Democrats and Republicans. We do it MENT—PRINTING OF STATE- nities to restore our constitutional sys- as colleagues, friends, and as peers in MENTS IN THE RECORD AND tem. The only question is whether Sen- this body. We do so as elected Members PRINTING OF SENATE DOCU- ators will rise to the occasion. of Congress, as Senators representing MENT OF IMPEACHIMENT PRO- I suggest the absence of a quorum. our States and our country. CEEDINGS—MODIFIED The PRESIDING OFFICER. The It should be the very same when we clerk will call the roll. judge President Trump. In I John 2:21, Mr. MCCONNELL. Mr. President, I The bill clerk proceeded to call the John writes to a group of believers who ask unanimous consent to modify the roll. are in turmoil. He wrote: ‘‘I do not order of January 31 to allow the Sen- Mrs. GILLIBRAND. I ask unanimous write to you because you do not know ators to have until Wednesday, Feb- consent that the order for the quorum the truth, but because you do know it ruary 26, 2020—that would be the call be rescinded. and because no lie comes from the Wednesday after we come back—to The PRESIDING OFFICER. Without truth.’’ have printed statements and opinions objection, it is so ordered. This trial had the goal of accom- in the CONGRESSIONAL RECORD, if they Mrs. GILLIBRAND. Colleagues, over plishing one thing—to discover the choose, explaining their votes and in- the past few weeks, we have conducted truth, to know what happened, to hold clude those in the documentation of the third impeachment trial in our en- the President accountable. We pledged the impeachment proceedings; finally, tire Nation’s history for a President. to listen to receive that evidence fairly I ask that the two-page rule be waived. Let’s be perfectly clear about some- and to judge honestly. We swore to de- The PRESIDING OFFICER. Without thing: Democrats did not want to im- fend the Constitution, not to defend a objection, it is so ordered. peach President Trump. From the man or a political party, and we should f start, efforts to begin an impeachment all remember this when we cast our ORDERS FOR TUESDAY, inquiry in the House were met with re- votes, because President Trump is not FEBRUARY 4, 2020 sistance until the President’s reckless like you. He is not honest, kind, or Mr. MCCONNELL. Mr. President, I behavior and unprecedented actions compassionate. He doesn’t have integ- ask unanimous consent that when the forced the Speaker’s hand. The Speaker rity or moral conviction. He is neither Senate completes its business today, it could not sit idly by after the Presi- fair nor decent. adjourn until 9:30 a.m., Tuesday, Feb- dent withheld congressionally approved We, as Senators who swore to uphold ruary 4; further, that following the military aid from a U.S. ally in order the Constitution, should, based on the prayer and pledge, the morning hour be to orchestrate foreign interference in facts laid before us, vote to convict. deemed expired, the Journal of pro- our upcoming election. Hold President Trump accountable for ceedings be approved to date, and the We have worked hard to find common what he has done. We have to show the time for the two leaders be reserved for ground with this President, and at American people, ourselves, that Presi- their use later in the day; and that fol- times, Democrats have worked to- dent Trump does not represent our val- lowing leader remarks, the Senate be gether to get good, bipartisan legisla- ues, that we still believe that we must in a period of morning business under tion accomplished. But President fight for what is right, for truth, for the previous order. Trump’s brazen misconduct forced this justice, for honesty, for integrity, and The PRESIDING OFFICER. Without issue. His misdeeds posed a moral chal- that laws mean something, and we objection, it is so ordered. lenge to every single Member of Con- don’t put ourselves before the law. f gress. How much corruption should we For those who lack courage in this stomach? How much of our integrity moment, those who are unwilling to do ORDER FOR ADJOURNMENT should we sacrifice? How much malfea- what they know in their heart of Mr. MCCONNELL. Mr. President, if sance should we tolerate? Will we look hearts, in their conscience and in their there is no further business to come be- the other way as the President flaunts deepest thoughts to be right, if they do fore the Senate, I ask unanimous con- our laws and ignores the Constitution? not do what they know they should, sent that it stand adjourned under the

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.046 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S806 CONGRESSIONAL RECORD — SENATE February 3, 2020 previous order, following the remarks President was sworn into office calling cremental first step: to remind the of Senators MURKOWSKI and CORTEZ for his impeachment. Others in this President that, as Montesquieu said, MASTO. Chamber saw little need to even con- ‘‘Political virtue is a renunciation of The PRESIDING OFFICER. Without sider the arguments from the House be- oneself,’’ and this requires ‘‘a contin- objection, it is so ordered. fore stating their intentions to acquit. uous preference of the public interest Mr. MCCONNELL. I suggest the ab- Over the course of the past few over one’s own.’’ sence of a quorum. weeks, we have all seen the videos from Removal from office and being barred The PRESIDING OFFICER. The 20 years ago where Members who were from ever holding another office of clerk will call the roll. present during the Clinton trial took honor, trust, or profit under the United The senior assistant legislative clerk the exact opposite stance than they States is the political death penalty. proceeded to call the roll. take today. That level of hypocrisy is The President’s name is on ballots that Ms. MURKOWSKI. Mr. President, I astounding, even for a place like Wash- have already been cast. The voters will ask unanimous consent that the order ington, DC. pronounce a verdict in 9 months, and for the quorum call be rescinded. The President’s behavior was shame- we must trust their judgment. The PRESIDING OFFICER (Mr. SUL- ful and wrong. His personal interests This process has been the apotheosis LIVAN). Without objection, it is so or- do not take precedence over those of of the problem of congressional abdica- dered. this great Nation. The President has tion. Through the refusal to exercise Ms. MURKOWSKI. Mr. President, I the responsibility to uphold the integ- war powers or relinquishing the power rise this evening to address the trial of rity and the honor of the office, not of the purse, selective oversight, and Donald John Trump. The Founders just for himself but for all future Presi- an unwillingness to check emergency gave this body the sole power to try all dents. Degrading the office by actions declarations designed to skirt Con- impeachments, and exercising that or even name-calling weakens it for fu- gress, we have failed. We have failed power—we all know—is a weighty, ture Presidents, and it weakens our time and again. We, as a legislative weighty responsibility. This was only country. branch, cannot continue to cede au- the third time in the history of our All of this rotted foundation of the thority to the Executive. country that the Senate convened to process—all of this—led to the conclu- The question that we must answer, handle a Presidential impeachment sion that I reached several days ago given the intense polarization in our and only the second in the past 150 that there would be no fair trial. While country, is, Where do we go from here? years. this trial was held here in this Senate, Where do we go from here? I wish that I was part of a small group that it was really litigated in the court of I had that magic wand. Sadly, I have worked to secure a fair, an honest, and public opinion. For half the country, no definitive answers, but I do have a transparent structure for the trial, they had already decided there had hope because we must have hope. and we based it on how this Chamber been far too much process; they consid- As I tried to build consensus over the handled the trial of President Clinton ered the entire impeachment inquiry to past few weeks, I had many private some 20 years ago. So there were 24 be baseless, and they thought that the conversations with colleagues, and so hours of arguments for each side, 16 Senate should have just dismissed the many—so many—in this Chamber hours of questions from Members, with case as soon as it reached us. share my sadness for the present state the full House record admitted as evi- Then, for the other half, no matter of our institutions. It is my hope that dence. how many witnesses were summoned or we have finally found bottom here, That should have been more than deposed, no matter how many docu- that both sides can look inward and re- enough to answer the questions: Do we ments were produced, the only way— flect on the apparent willingness that need to hear more? Should there be ad- the only way—the trial could have each has to destroy not just each other ditional process? Mr. President, the been considered fair was if it resulted but all of the institutions of our gov- structure we built should have been in the President’s removal from office. ernment. And for what? Because it may sufficient, but the foundation upon During the month that the House de- help win an election? At some point, which it rested was rotten. The House clined to transmit the articles to the Mr. President—at some point—for our rushed through what should have been Senate, the demon of faction extended country, winning has to be about more one of the most serious, consequential his scepter, the outcome became clear, than just winning, or we will all lose. undertakings of the legislative branch, and a careless media cheerfully tried to Mr. President, I yield the floor. simply to meet an artificial, self-im- put out the fires with gasoline. We de- Mr. YOUNG. Mr. President, as a U.S. posed deadline. bated witnesses instead of the case be- Senator, I swore an oath to uphold the Prior Presidential impeachments re- fore the Senate. Rather than the Presi- Constitution, and, while sitting in this sulted from years of investigation, dent’s conduct, the focus turned to how High Court of Impeachment, I have ful- where subpoenas were issued and they a lack of additional witnesses could be filled my duty to serve as an impartial were litigated, where there were mas- used to undermine any final conclu- juror. sive amounts of documents that were sion. What started with political initia- After hearing all counsel arguments produced and witnesses deposed, where tives that degraded the Office of the and reviewing all evidence in the volu- resistance from the Executive was President and left the Congress wal- minous record, including 17 witnesses, overcome through court proceedings lowing in partisan mud threatened to 192 witness video clips, and 28,578 pages and through accommodations. drag the last remaining branch of gov- of evidence, procedural rules, and con- The House failed in its responsibil- ernment down along with us. stitutional concerns, I will vote to ac- ities. The House failed in its respon- Mr. President, I have taken tough quit the President, preventing his im- sibilities. The Senate should be votes before to uphold the integrity of mediate removal from office and dis- ashamed by the rank partisanship that our courts, and when it became clear qualification from the ballot. has been on display here. We cannot be that a tie vote here in the Senate A fair and accurate reading of this the greatest deliberative body when we would simply be used to burn down our chapter in our Nation’s history will kick things off by issuing letters to the third branch of government for par- conclude that, on the issues of fact and media instead of coming together to tisan political purposes, I said law presented to this High Court of Im- set the parameters of the trial and ne- ‘‘enough’’—just ‘‘enough.’’ peachment, reasonable and public-spir- gotiate in good faith on how we should The response to the President’s be- ited Senators can disagree. This lends proceed. havior is not to disenfranchise nearly further support to the notion that the For all the talk of impartiality, it is 63 million Americans and remove him American people should be afforded the clear to me that few in this Chamber from the ballot. The House could have opportunity to register their opinions approached this with a genuinely open pursued censure and not immediately by participating in the coming na- mind. Some have been calling for the jumped to the remedy of last resort. I tional election. President to be impeached for years. cannot vote to convict. The Constitu- While the Senate worked to remain Indeed, we saw just today clips that in- tion provides for impeachment but does impartial and open-minded throughout dicate headlines 19 minutes after the not demand it in all instances. An in- this trial, it must be acknowledged

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.050 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S807 that a political fever permeated this To accept this invitation would be a ADDITIONAL STATEMENTS process from the beginning, dating violation of a long-established separa- back not just to the start of the House tion of powers. of Representatives’ impeachment ef- Senators might be tempted by a TRIBUTE TO JASON OLSON forts, but all the way back to Novem- burning curiosity or crass political cal- ∑ Mr. CRAMER. Mr. President, after 32 ber 2016. As a result, the House improp- culation to further develop the House’s years of serving his community in the erly impeached. Now, the Senate vague and tainted articles, but the con- Minot Police Department, including 8 should exercise restraint. Here is why. stitutional separation of powers dic- of those years leading it, Chief of Po- First and foremost, a fair legal proc- tates that our legal charge must be lice Jason Olson began a well-deserved ess is fundamental to our democracy. more narrowly confined. To act other- retirement on January 31. The House managers have repeatedly wise would violate our oaths and dan- He became a police officer in 1988 at emphasized that no Americans are gerously incentivize calculating and the age of 21, as he was completing his criminal justice degree at Minot State above the law. I could not agree more: intemperate House majorities to pro- University. Starting as a patrol officer, No private citizen, President, or assem- miscuously impeach rival Presidents. he went on to spend 18 years on the bled majority of Congress can violate We must set aside our personal pref- erence because, under the Constitution, SWAT team. the rights guaranteed to other Ameri- Officer Olson became chief of police cans under the Constitution. Accord- we are duty-bound by the ‘‘sole power to try’’ the infirm articles before us. at a time of significant change for the ingly, the President is entitled to basic city of Minot and western North Da- due process rights, and the House failed Lastly, Americans should stand against any Senate action which abets kota. The challenges this growth and to afford him these rights. Due process development brought to the fourth includes the right to legal counsel, the the creation of a constitutional crisis through the politicization of impeach- largest city in North Dakota demanded right to review evidence, and the abil- a leader who would advocate for his ity to confront your accusers—rights ment. The House majority’s misguided process created a precedent to staff and be open to change. The city denied by the House majority. House had the right person in Chief Olson. Managers breathlessly insist that weaponize impeachment, a new prece- dent that will lead to serial impeach- Serving on the frontlines during ‘‘overwhelming’’ evidence already in some of the greatest challenges to the the record proves ‘‘beyond any doubt’’ ments in a polarized America. If the House majority had its way and the city of Minot, Chief Olson was there for the President’s continued service con- the tragic train derailment that spread stitutes an imminent threat to the Senate accepted its invitation to fix their broken articles, either political anhydrous ammonia across the city in American people. The House’s flawed 2002 and for the historic flooding of the and rushed process led to unfair pro- party would be tempted to impeach and potentially remove their political op- Souris River in 2011. Through the best ceedings and resulted in superficial, and very worst of times, Chief Olson ponents from office by initiating unspecific charges supported by a one- exhibited his trademark calm and col- slapdash impeachment investigations. sided, improperly curated factual foun- lected demeanor. dation. This new precedent would reduce im- Chief Olson credits his success to the peachment to a mere vote of no con- Second, Separation of Powers is a experience he gained as a young officer fidence, similar to that in the U.K. from the veteran officers who had cornerstone of our constitutional re- Parliament. During President Nixon’s public, and its preservation is essential served for decades. Likewise, many of impeachment, then Democratic Chair- the 80-plus employees today praise him to prevent abuse of power by one man Peter Rodino of the House Judici- branch over another. A majority of the for the lessons he taught them as the ary Committee urged that, for the head of the department. This includes House should exercise extreme caution American people to accept an impeach- when it bases impeachment upon the the new Police Chief John Klug, a 25- ment, it must be powerfully bipartisan. year officer who took over on February President’s exercise of his foreign rela- This has been dubbed the Rodino rule, tions prerogatives, which are expressly 1, after being chosen in a national and I embrace the standard. search. He speaks highly of Chief Olson granted to him by the Constitution. A decent respect for the law and the Additionally, in developing its Articles and the example he set as a mentor and opinions of fellow citizens and a con- leader. of Impeachment, the House majority cern for future precedent requires that chose to circumvent the judicial We cannot thank our law enforce- I pointedly emphasize what I am not ment officers enough for their sac- branch of government in order to clar- arguing, that a President can lawfully ify an issue of unsettled law pertaining rifices keeping our communities safe do ‘‘whatever he wants,’’ that inviting and for the bravery they exhibit every to Executive Privilege. Instead, the foreign election interference is appro- House simply arrogated to itself a day on the job. I join the residents of priate, that absolute immunity at- Minot and all North Dakotans thank- novel and dangerous new legal author- taches to Executive Privilege, or that a ity: absolute power to define Executive ing Chief Olson for his many years of statutory offense must be committed dedicated professional service. I wish Privilege, even when the President is to impeach. exercising his foreign relations powers him a well-deserved and rewarding re- In summation, I have ineluctably ar- tirement.∑ granted by the Constitution. rived at a conclusion after impartially f As with prior impeachment inquiries, applying the law to all facts presented: following a formal request by the House managers delivered tainted arti- RECOGNIZING THE MISSOURI UNI- House, the Federal courts could have cles and failed to present requisite evi- VERSITY OF SCIENCE AND TECH- compelled the executive branch to pro- dence to support their exceedingly high NOLOGY vide sensitive documents and wit- burden of proof. Therefore, I am duty ∑ Mr. HAWLEY. Mr. President, it is nesses. The House chose to ignore this bound to join my colleagues who would my privilege to honor the sesqui- longstanding precedent because it con- have the Senate resume the ordinary centennial of Missouri University of flicted with its political timeline. As- business of the American people. Science and Technology, as Missou- tonishingly, Speaker PELOSI rushed the The Founding Fathers, who warned rians know it, S&T. mismanaged process forward only to of the political nature of impeachment, Founded in 1870, Missouri S&T was delay it, again for political purposes, also provided us a means to address the first technological institution west before finally sending the Articles of dissatisfaction with our Presidents: of the Mississippi. Originally named Impeachment to the Senate. Now the frequent elections. This week, Ameri- the Missouri School of Mines and Met- House, having failed to fully develop cans began the Presidential election allurgy, the school was primary fo- its evidentiary record, invites the Sen- process. For the sake of our Constitu- cused on educating and training those ate to act as an accomplice to its ram- tion and our Nation, the Court of the who would mine the mineral rich area rod impeachment and create a dan- American People should render its ver- on the eastern side of the State. gerous new 51-vote Senate threshold to dict through an election to address its By the 1920s, S&T had expanded into override executive branch claims of Ex- support of or opposition to the current chemical, electrical, and civil engi- ecutive Privilege. administration. neering, as well as physics, chemistry,

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.043 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S808 CONGRESSIONAL RECORD — SENATE February 3, 2020 mathematics, and geometry. After and scientific research, and for other pur- CFR Parts 70, 71, and 72)) received during ad- World War II, as the United States was poses. journment of the Senate in the Office of the becoming the global leader in techno- S. 3201. An act to extend the temporary President of the Senate on January 23, 2020; logical innovation, S&T stepped up to scheduling order for fentanyl-related sub- to the Committee on Energy and Natural Re- stances, and for other purposes. sources. do its part by adding graduate-level The enrolled bills were subsequently EC–3842. A communication from the Direc- training and research. The school was tor of the Regulatory Management Division, home to Missouri’s first operational signed by the President pro tempore Environmental Protection Agency, transmit- nuclear reactor. Across the years, S&T (Mr. GRASSLEY). ting, pursuant to law, the report of a rule en- has established itself as one of the pre- f titled ‘‘Air Plan Approval; Alabama and mier technical institutions in the Na- South Carolina; Infrastructure Requirements ENROLLED BILLS PRESENTED for the 2015 Ozone National Ambient Air tion, excelling at teaching and re- The Secretary of the Senate reported Quality Standard’’ (FRL No. 10004–68–Region search. 4) received during adjournment of the Senate For 150 years, Missouri S&T has been that on today, February 3, 2020, she had in the Office of the President of the Senate providing the sons and daughters of presented to the President of the on January 27, 2020; to the Committee on En- Missouri a close-to-home option for United States the following enrolled vironment and Public Works. world-class technical education. Con- bills: EC–3843. A communication from the Direc- gratulations on 150 years and here is to S. 153. An act to promote veteran involve- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- the next 150.∑ ment in STEM education, computer science, and scientific research, and for other pur- ting, pursuant to law, the report of a rule en- f poses. titled ‘‘Air Plan Approval; Kentucky; Cross- S. 3201. An act to extend the temporary State Air Pollution Rule’’ (FRL No. 10004–69– RECOGNIZING MOSS scheduling order for fentanyl-related sub- Region 4) received during adjournment of the GREENHOUSES stances, and for other purposes. Senate in the Office of the President of the ∑ Senate on January 27, 2020; to the Com- Mr. RISCH. Mr. President, as a mem- f mittee on Environment and Public Works. ber and former chairman of the Senate EC–3844. A communication from the Direc- Committee on Small Business and En- EXECUTIVE AND OTHER tor of the Regulatory Management Division, trepreneurship, each month I recognize COMMUNICATIONS Environmental Protection Agency, transmit- and celebrate the American entrepre- The following communications were ting, pursuant to law, the report of a rule en- neurial spirit by highlighting the suc- laid before the Senate, together with titled ‘‘Air Plan Approval; Massachusetts; Transport State Implementation Plan for cess of a small business in my home accompanying papers, reports, and doc- the 2015 Ozone Standard’’ (FRL No. 10004–34– State of Idaho. Today, I am pleased to uments, and were referred as indicated: Region 1) received during adjournment of the honor Moss Greenhouses located in Je- EC–3837. A communication from the Con- Senate in the Office of the President of the rome as the Idaho Small Business of gressional Review Coordinator, Animal and Senate on January 27, 2020; to the Com- the Month for February 2020. Plant Health Inspection Service, Department mittee on Environment and Public Works. Moss Greenhouses is the largest of Agriculture, transmitting, pursuant to EC–3845. A communication from the Direc- wholesale plant producer and dis- law, the report of a rule entitled ‘‘Approval tor of the Regulatory Management Division, Environmental Protection Agency, transmit- tributor in Idaho. Founded in 1952 by of Laboratories to Conduct Official Testing; Consolidation of Regulations’’ ((RIN0579– ting, pursuant to law, the report of a rule en- Ed and Ruth Adams, their hobby of AE46) (Docket No. APHIS–2016–0054)) re- titled ‘‘Air Plan Approval; Missouri; Restric- growing orchids in their small green- ceived in the Office of the President of the tion of Emissions from Batch-type Charcoal house quickly became a budding busi- Senate on January 28, 2020; to the Com- Kilns’’ (FRL No. 10004–63–Region 7) received ness as they provided flowers, orchids, mittee on Agriculture, Nutrition, and For- during adjournment of the Senate in the Of- and flowering crops to their local gro- estry. fice of the President of the Senate on Janu- cery stores and flower shops. The fam- EC–3838. A communication from the Senior ary 27, 2020; to the Committee on Environ- Counsel, Bureau of Consumer Financial Pro- ment and Public Works. ily-run business quickly developed a EC–3846. A communication from the Direc- reputation for its outstanding service tection, transmitting, pursuant to law, the report of a rule entitled ‘‘Statement of Pol- tor of the Regulatory Management Division, and quality products. icy Regarding Prohibition on Abusive Acts Environmental Protection Agency, transmit- Today, Moss Greenhouses is owned or Practices’’ (12 CFR Chapter 10) received ting, pursuant to law, the report of a rule en- and operated by the family’s third gen- during adjournment of the Senate in the Of- titled ‘‘Delegation of New Source Perform- eration, Kevin and his wife Dana. Their fice of the President of the Senate on Janu- ance Standards and National Emission 300,000 square feet of covered green- ary 24, 2020; to the Committee on Banking, Standards for Hazardous Air Pollutants for the States of Arizona and Nevada’’ (FRL No. house and three acres of growing space Housing, and Urban Affairs. EC–3839. A communication from the Senior 10004–33–Region 9) received during adjourn- allow them to serve customers from ment of the Senate in the Office of the Presi- throughout the Mountain West. Their Legal Advisor for Regulatory Affairs, Office of Investment Security, Department of the dent of the Senate on January 27, 2020; to the success and growth has created dozens Treasury, transmitting, pursuant to law, the Committee on Environment and Public Works. of jobs for the Jerome community. As report of a rule entitled ‘‘Provisions Per- EC–3847. A communication from the Direc- the company continues to serve the Je- taining to Certain Investments in the United tor of the Regulatory Management Division, rome area, they hope to eventually States by Foreign Persons’’ ((RIN1505–AC64) Environmental Protection Agency, transmit- welcome the family’s fourth generation (31 CFR Parts 800 and 801)) received during ting, pursuant to law, the report of a rule en- into the business. adjournment of the Senate in the Office of titled ‘‘Incorporation by Reference of Ap- Congratulations to Kevin, Dana, and the President of the Senate on January 29, proved State Hazardous Waste Management all of the employees at Moss Green- 2020; to the Committee on Banking, Housing, Program’’ (FRL No. 10004–54–Region 6) re- and Urban Affairs. ceived during adjournment of the Senate in houses for being selected as the Idaho EC–3840. A communication from the Senior Small Business of the Month for Feb- the Office of the President of the Senate on Legal Advisor for Regulatory Affairs, Office January 27, 2020; to the Committee on Envi- ruary 2020. You make our great State of Investment Security, Department of the ronment and Public Works. proud, and I look forward to your con- Treasury, transmitting, pursuant to law, the EC–3848. A communication from the Direc- tinued growth and success.∑ report of a rule entitled ‘‘Provisions Per- tor of the Regulatory Management Division, taining to Certain Transactions by Foreign f Environmental Protection Agency, transmit- Persons Involving Real Estate in the United ting, pursuant to law, the report of a rule en- MESSAGE FROM THE HOUSE States’’ ((RIN1505–AC63) (31 CFR Part 802)) titled ‘‘National Emission Standards for Haz- received during adjournment of the Senate ardous Air Pollutant Emissions: Petroleum ENROLLED BILLS SIGNED in the Office of the President of the Senate Refinery Sector’’ (FRL No. 10004–54–OAR) re- At 3:47 p.m., a message from the on January 29, 2020; to the Committee on ceived during adjournment of the Senate in House of Representatives, delivered by Banking, Housing, and Urban Affairs. the Office of the President of the Senate on Mr. Novotny, one of its reading clerks, EC–3841. A communication from the Assist- January 27, 2020; to the Committee on Envi- announced that the Speaker pro tem- ant General Counsel for Legislation, Office ronment and Public Works. of Cybersecurity, Energy Security and Emer- EC–3849. A communication from the Direc- pore (Ms. MATSUI) has signed the fol- gency Response, Department of Energy, tor of the Regulatory Management Division, lowing enrolled bills: transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- S. 153. An act to promote veteran involve- a rule entitled ‘‘Administrative Updates to ting, pursuant to law, the report of a rule en- ment in STEM education, computer science, Personnel References’’ ((RIN1901–AB50) (10 titled ‘‘Revisions to the Petition Provisions

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A03FE6.002 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S809 of the Title V Permitting Program’’ (FRL perior Court of the District of Columbia; to tion Commission, transmitting, pursuant to No. 10004–56–OAR) received during adjourn- the Committee on Homeland Security and law, the Report on Fiscal Year 2019 Competi- ment of the Senate in the Office of the Presi- Governmental Affairs. tive Sourcing Efforts as required by the Con- dent of the Senate on January 27, 2020; to the EC–3859. A communication from the Dis- solidated Appropriations Act of Fiscal Year Committee on Environment and Public trict of Columbia Auditor, transmitting, pur- 2004; to the Committee on Rules and Admin- Works. suant to law, a report entitled ‘‘Auditor Cer- istration. EC–3850. A communication from the Direc- tifies Revenues For Issuance of Income Tax EC–3871. A communication from the Assist- tor of the Regulatory Management Division, Secured Revenue Bonds’’; to the Committee ant Attorney General, Office of Legislative Environmental Protection Agency, transmit- on Homeland Security and Governmental Af- Affairs, Department of Justice, transmit- ting, pursuant to law, the report of a rule en- fairs. ting, pursuant to law, the annual report from titled ‘‘Withdrawal of Finding of Substantial EC–3860. A communication from the Chair- the Attorney General to Congress relative to Inadequacy of Implementation Plan and of man of the Council of the District of Colum- the Uniformed and Overseas Citizens Absen- Call for Texas State Implementation Plan bia, transmitting, pursuant to law, a report tee Voting Act; to the Committees on Rules Revision—Affirmative Defense Provisions’’ on D.C. Act 23–190, ‘‘Anacostia River Toxics and Administration; Armed Services; and (FRL No. 10004–01–Region 6) received during Remediation Temporary Amendment Act of Appropriations. adjournment of the Senate in the Office of 2019’’; to the Committee on Homeland Secu- EC–3872. A communication from the Chief the President of the Senate on January 27, rity and Governmental Affairs. Human Capital Officer, Small Business Ad- 2020; to the Committee on Environment and EC–3861. A communication from the Chair- ministration, transmitting, pursuant to law, Public Works. man of the Council of the District of Colum- a report relative to a vacancy in the position EC–3851. A communication from the Chief bia, transmitting, pursuant to law, a report of Administrator, Small Business Adminis- of the Publications and Regulations Branch, on D.C. Act 23–191, ‘‘Access to Body-Worn tration, received in the Office of the Presi- Internal Revenue Service, Department of the Camera Footage Temporary Regulation dent of the Senate on January 30, 2020; to the Treasury, transmitting, pursuant to law, the Amendment Act of 2019’’; to the Committee Committee on Small Business and Entrepre- report of a rule entitled ‘‘Relief for Report- on Homeland Security and Governmental Af- neurship. ing Required Minimum Distributions for fairs. EC–3873. A communication from the Assist- IRAs for 2020’’ (Notice 2020–6) received in the EC–3862. A communication from the Chair- ant Attorney General, Office of Legislative Office of the President of the Senate on Jan- man of the Council of the District of Colum- Affairs, Department of Justice, transmit- uary 28, 2020; to the Committee on Finance. bia, transmitting, pursuant to law, a report ting, pursuant to law, a report entitled ‘‘Uni- EC–3852. A communication from the Assist- on D.C. Act 23–192, ‘‘Certificate of Need Fee formed Services Employment and Reemploy- ant Secretary, Legislative Affairs, Depart- Reduction Amendment Act of 2019’’; to the ment Rights Act of 1994 (USERRA) Quarterly ment of State, transmitting, pursuant to Committee on Homeland Security and Gov- Report to Congress; First Quarter of Fiscal law, a report relative to the Chemical Weap- ernmental Affairs. Year 2020’’; to the Committee on Veterans’ ons Convention and the Australia Group; to EC–3863. A communication from the Chair- Affairs. EC–3874. A communication from the Asso- the Committee on Foreign Relations. man of the Council of the District of Colum- ciate Director of International Economics, EC–3853. A communication from the Assist- bia, transmitting, pursuant to law, a report Bureau of Economic Analysis, Department of ant Secretary, Legislative Affairs, Depart- on D.C. Act 23–193, ‘‘Cottage Food Expansion Commerce, transmitting, pursuant to law, ment of State, transmitting, pursuant to Amendment Act of 2019’’; to the Committee the report of a rule entitled ‘‘Direct Invest- section 36(c) of the Arms Export Control Act, on Homeland Security and Governmental Af- ment Surveys: BE–10, Benchmark Survey of the certification of a proposed license fairs. U.S. Direct Investment Abroad’’ (RIN0691– amendment for the export of defense arti- EC–3864. A communication from the Chair- AA89) received in the Office of the President cles, including technical data and defense man of the Council of the District of Colum- of the Senate on January 30, 2020; to the services, to the UK related to the Javelin bia, transmitting, pursuant to law, a report Committee on Commerce, Science, and Anti-Tank Weapon System, including all on D.C. Act 23–194, ‘‘Electronic Medical Transportation. variants up to the FGM–148 (G–Model) and Order for Scope of Treatment Registry EC–3875. A communication from the Attor- all Command Launch Unit variants up to the Amendment Act of 2019’’; to the Committee ney-Advisor, U.S. Coast Guard, Department Light Weight Command Launch Unit in the on Homeland Security and Governmental Af- of Homeland Security, transmitting, pursu- amount of $100,000,000 or more (Transmittal fairs. ant to law, the report of a rule entitled No. DDTC 19–072); to the Committee on For- EC–3865. A communication from the Chair- ‘‘Safety Zone; Lower Mississippi River, Mile eign Relations. man of the Council of the District of Colum- Markers 229.5 to 230.5 Baton Rouge, LA’’ EC–3854. A communication from the Asso- bia, transmitting, pursuant to law, a report ((RIN1625–AA00) (Docket No. USCG–2019– ciate Legal Counsel, Equal Employment Op- on D.C. Act 23–195, ‘‘Closing of a Public Alley 0837)) received during adjournment of the portunity Commission, transmitting, pursu- in Square 1445, S.O. 11–01980, Act of 2019’’; to Senate in the Office of the President of the ant to law, the report of a rule entitled ‘‘2019 the Committee on Homeland Security and Senate on January 24, 2020; to the Com- Adjustment of the Penalty for Violation of Governmental Affairs. mittee on Commerce, Science, and Transpor- Notice Posting Requirements; Correction’’ EC–3866. A communication from the Chair- tation. (RIN3046–AB14) received in the Office of the man of the Council of the District of Colum- EC–3876. A communication from the Attor- President of the Senate on January 30, 2020; bia, transmitting, pursuant to law, a report ney-Advisor, U.S. Coast Guard, Department to the Committee on Health, Education, on D.C. Act 23–196, ‘‘Closing of a Public Alley of Homeland Security, transmitting, pursu- Labor, and Pensions. in Square 5017, S.O. 16–24507, Act of 2019’’; to ant to law, the report of a rule entitled ‘‘Se- EC–3855. A communication from the Assist- the Committee on Homeland Security and curity Zone; Super Bowl 2020, Bayfront Park, ant Secretary for Legislation, Department of Governmental Affairs. Miami, FL’’ ((RIN1625–AA87) (Docket No. Health and Human Services, transmitting, EC–3867. A communication from the Chair- USCG–2019–0830)) received during adjourn- pursuant to law, a report entitled ‘‘Fiscal man of the Council of the District of Colum- ment of the Senate in the Office of the Presi- Year 2016 Report to Congress on Community bia, transmitting, pursuant to law, a report dent of the Senate on January 24, 2020; to the Services Block Grant Discretionary Activi- on D.C. Act 23–197, ‘‘Closing of a Public Alley Committee on Commerce, Science, and ties—Community Economic Development in Square 369, S.O. 18003, Act of 2019’’; to the Transportation. and Rural Community Development Pro- Committee on Homeland Security and Gov- EC–3877. A communication from the Dep- grams’’; to the Committee on Health, Edu- ernmental Affairs. uty Chief, Office of Economics and Ana- cation, Labor, and Pensions. EC–3868. A communication from the Chair- lytics, Federal Communications Commis- EC–3856. A communication from the Direc- man of the Council of the District of Colum- sion, transmitting, pursuant to law, the re- tor, Office of Workers’ Compensation Pro- bia, transmitting, pursuant to law, a report port of a rule entitled ‘‘Auction of FM grams, Department of Labor, transmitting, on D.C. Act 23–202, ‘‘Detained Youth Access Broadcast Construction Permits Scheduled pursuant to law, Secretary of Labor’s re- to the Juvenile Services Program Amend- for April 28, 2020; Notice and Filing Require- sponse to the Office of the Ombudsman’s 2018 ment Act of 2019’’; to the Committee on ments, Minimum Opening Bids, Upfront Annual Report; to the Committee on Health, Homeland Security and Governmental Af- Bids, Upfront Payments, and Other Proce- Education, Labor, and Pensions. fairs. dures for Auction 106’’ ((AU Docket No. 19– EC–3857. A communication from the Acting EC–3869. A communication from the Assist- 290) (DA 19–1256)) received during adjourn- Chief Privacy Officer, Department of Home- ant Secretary for Fish and Wildlife and ment of the Senate in the Office of the Presi- land Security, transmitting, pursuant to Parks, National Park Service, Department of dent of the Senate on January 27, 2020; to the law, a report entitled ‘‘Privacy Office Fiscal the Interior, transmitting, pursuant to law, Committee on Commerce, Science, and Year 2019 Semiannual Report to Congress’’; the report of a rule entitled ‘‘Civil Penalties Transportation. to the Committees on Homeland Security Inflation Adjustments’’ (RIN1024–AE60) re- EC–3878. A communication from the Man- and Governmental Affairs; the Judiciary; ceived during adjournment of the Senate in agement and Program Analyst, Federal and Select Committee on Intelligence. the Office of the President of the Senate on Aviation Administration, Department of EC–3858. A communication from the Acting January 29, 2020; to the Committee on Indian Transportation, transmitting, pursuant to Executive Officer, Superior Court of the Dis- Affairs. law, the report of a rule entitled ‘‘Airworthi- trict of Columbia, transmitting, pursuant to EC–3870. A communication from the Direc- ness Directives; Lockheed Martin Corpora- law, amendments to the Jury Plan of the Su- tor of Congressional Affairs, Federal Elec- tion/Lockheed Martin Aeronautics Company

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A03FE6.014 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S810 CONGRESSIONAL RECORD — SENATE February 3, 2020 Airplanes’’ ((RIN2120–AA64) (Docket No. planes’’ ((RIN2120–AA64) (Docket No. FAA– (Mr. BOOKER) was added as a cosponsor FAA–2019–0581)) received in the Office of the 2019–0857)) received in the Office of the Presi- of S. 513, a bill to amend title 18, President of the Senate on January 30, 2020; dent of the Senate on January 30, 2020; to the United States Code, with respect to to the Committee on Commerce, Science, Committee on Commerce, Science, and civil forfeitures relating to certain and Transportation. Transportation. seized animals, and for other purposes. EC–3879. A communication from the Man- f agement and Program Analyst, Federal S. 569 Aviation Administration, Department of REPORTS OF COMMITTEES At the request of Mr. YOUNG, the Transportation, transmitting, pursuant to The following reports of committees name of the Senator from West Vir- law, the report of a rule entitled ‘‘Airworthi- were submitted: ginia (Mrs. CAPITO) was added as a co- ness Directives; Airbus SAS Airplanes’’ ((RIN2120–AA64) (Docket No. FAA–2019–0722)) By Mr. JOHNSON, from the Committee on sponsor of S. 569, a bill to direct the received in the Office of the President of the Homeland Security and Governmental Af- Secretary of Transportation to issue Senate on January 30, 2020; to the Com- fairs, without amendment: regulations relating to commercial mittee on Commerce, Science, and Transpor- S. 2353. A bill to direct the Administrator motor vehicle drivers under the age of tation. of the Federal Emergency Management 21, and for other purposes. EC–3880. A communication from the Man- Agency to develop guidance for firefighters S. 1067 agement and Program Analyst, Federal and other emergency response personnel on Aviation Administration, Department of best practices to protect them from exposure At the request of Ms. HARRIS, the Transportation, transmitting, pursuant to to PFAS and to limit and prevent the release name of the Senator from California law, the report of a rule entitled ‘‘Airworthi- of PFAS into the environment, and for other (Mrs. FEINSTEIN) was added as a co- ness Directives; Airbus SAS Airplanes’’ purposes (Rept. No. 116–211). sponsor of S. 1067, a bill to provide for ((RIN2120–AA64) (Docket No. FAA–2019–0723)) f research to better understand the received in the Office of the President of the causes and consequences of sexual har- Senate on January 30, 2020; to the Com- INTRODUCTION OF BILLS AND JOINT RESOLUTIONS assment affecting individuals in the mittee on Commerce, Science, and Transpor- scientific, technical, engineering, and tation. The following bills and joint resolu- mathematics workforce and to exam- EC–3881. A communication from the Man- tions were introduced, read the first agement and Program Analyst, Federal ine policies to reduce the prevalence Aviation Administration, Department of and second times by unanimous con- and negative impact of such harass- Transportation, transmitting, pursuant to sent, and referred as indicated: ment, and for other purposes. By Mr. MORAN (for himself and Mr. law, the report of a rule entitled ‘‘Airworthi- S. 1070 ness Directives; The Boeing Company Air- BLUMENTHAL): planes’’ ((RIN2120–AA64) (Docket No. FAA– S. 3248. A bill to reauthorize the United At the request of Mr. KAINE, the 2019–0478)) received in the Office of the Presi- States Anti-Doping Agency, and for other name of the Senator from Nevada (Ms. dent of the Senate on January 30, 2020; to the purposes; to the Committee on Commerce, CORTEZ MASTO) was added as a cospon- Committee on Commerce, Science, and Science, and Transportation. sor of S. 1070, a bill to require the Sec- Transportation. By Mr. JOHNSON (for himself and Mr. retary of Health and Human Services EC–3882. A communication from the Man- PETERS): to fund demonstration projects to im- agement and Program Analyst, Federal S. 3249. A bill to amend the FAST Act to prove recruitment and retention of modify a provision relating to the Motorcy- Aviation Administration, Department of child welfare workers. Transportation, transmitting, pursuant to clist Advisory Council; to the Committee on law, the report of a rule entitled ‘‘Airworthi- Environment and Public Works. S. 1151 ness Directives; The Boeing Company Air- f At the request of Mr. SCOTT of Flor- planes’’ ((RIN2120–AA64) (Docket No. FAA– ida, the name of the Senator from SUBMISSION OF CONCURRENT AND 2019–0986)) received in the Office of the Presi- North Carolina (Mr. TILLIS) was added dent of the Senate on January 30, 2020; to the SENATE RESOLUTIONS as a cosponsor of S. 1151, a bill to pro- Committee on Commerce, Science, and The following concurrent resolutions hibit contracting with persons that Transportation. EC–3883. A communication from the Man- and Senate resolutions were read, and have business operations with the agement and Program Analyst, Federal referred (or acted upon), as indicated: Maduro regime, and for other purposes. Aviation Administration, Department of By Mr. HAWLEY: S. 1609 S. Res. 489. A resolution congratulating the Transportation, transmitting, pursuant to At the request of Mr. VAN HOLLEN, law, the report of a rule entitled ‘‘Airworthi- Kansas City Chiefs on their victory in Super the name of the Senator from Min- ness Directives; Airbus SAS Airplanes’’ Bowl LIV and the National Football League ((RIN2120–AA64) (Docket No. FAA–2019–1080)) on its 100th season; to the Committee on nesota (Ms. SMITH) was added as a co- received in the Office of the President of the Commerce, Science, and Transportation. sponsor of S. 1609, a bill to amend the Senate on January 30, 2020; to the Com- By Mr. BLUNT (for himself, Mr. Securities Act of 1934 to require coun- mittee on Commerce, Science, and Transpor- HAWLEY, Mr. ROBERTS, and Mr. try-by-country reporting. tation. MORAN): S. 1750 EC–3884. A communication from the Man- S. Res. 490. A resolution congratulating the At the request of Ms. HARRIS, the agement and Program Analyst, Federal Kansas City Chiefs on their victory in Super Aviation Administration, Department of Bowl LIV; to the Committee on Commerce, name of the Senator from Minnesota Transportation, transmitting, pursuant to Science, and Transportation. (Ms. KLOBUCHAR) was added as a co- law, the report of a rule entitled ‘‘Airworthi- f sponsor of S. 1750, a bill to establish ness Directives; The Boeing Company Air- the Clean School Bus Grant Program, planes’’ ((RIN2120–AA64) (Docket No. FAA– ADDITIONAL COSPONSORS and for other purposes. 2019–0525)) received in the Office of the Presi- S. 182 S. 1757 dent of the Senate on January 30, 2020; to the At the request of Mr. KENNEDY, the Committee on Commerce, Science, and At the request of Ms. ERNST, the Transportation. name of the Senator from South Da- name of the Senator from Nevada (Ms. EC–3885. A communication from the Man- kota (Mr. ROUNDS) was added as a co- CORTEZ MASTO) was added as a cospon- agement and Program Analyst, Federal sponsor of S. 182, a bill to prohibit dis- sor of S. 1757, a bill to award a Congres- Aviation Administration, Department of crimination against the unborn on the sional Gold Medal, collectively, to the Transportation, transmitting, pursuant to basis of sex, and for other purposes. United States Army Rangers Veterans law, the report of a rule entitled ‘‘Airworthi- S. 215 of World War II in recognition of their ness Directives; Airbus SAS Airplanes’’ ((RIN2120–AA64) (Docket No. FAA–2019–1077)) At the request of Mr. THUNE, the extraordinary service during World received in the Office of the President of the name of the Senator from Georgia War II. Senate on January 30, 2020; to the Com- (Mrs. LOEFFLER) was added as a cospon- S. 2300 mittee on Commerce, Science, and Transpor- sor of S. 215, a bill to amend the Inter- At the request of Mr. WHITEHOUSE, tation. nal Revenue Code of 1986 to repeal the the name of the Senator from Min- EC–3886. A communication from the Man- estate and generation-skipping transfer nesota (Ms. SMITH) was added as a co- agement and Program Analyst, Federal taxes, and for other purposes. Aviation Administration, Department of sponsor of S. 2300, a bill to amend the Transportation, transmitting, pursuant to S. 513 Energy Independence and Security Act law, the report of a rule entitled ‘‘Airworthi- At the request of Ms. HARRIS, the of 2007 to establish a program to ness Directives; Dassault Aviation Air- name of the Senator from New Jersey incentivize innovation and to enhance

VerDate Sep 11 2014 02:03 Feb 04, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A03FE6.016 S03FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 3, 2020 CONGRESSIONAL RECORD — SENATE S811 the industrial competitiveness of the 18, United States Code, to prohibit cer- fewer than 2 minutes remaining to seal the United States by developing tech- tain abortion procedures, and for other victory; nologies to reduce emissions of purposes. Whereas Harrison Butker was 1-for-1 in nonpower industrial sectors, and for field goal attempts and 4-for-4 in point after S. CON. RES. 9 attempts; other purposes. At the request of Mr. ROBERTS, the Whereas Dustin Colquitt, the longest- S. 2321 name of the Senator from South Caro- tenured Chief, earned his first Super Bowl in At the request of Mr. BLUNT, the lina (Mr. SCOTT) was added as a cospon- his 15th season; name of the Senator from Mississippi sor of S. Con. Res. 9, a concurrent reso- Whereas kick returner Mecole Hardman, (Mrs. HYDE-SMITH) was added as a co- lution expressing the sense of Congress tight end Travis Kelce, safety Tyrann sponsor of S. 2321, a bill to require the that tax-exempt fraternal benefit soci- Mathieu, and right tackle Mitchell Schwartz were named to the Associated Press All-Pro Secretary of the Treasury to mint a eties have historically provided and team for the 2019 season; coin in commemoration of the 100th continue to provide critical benefits to Whereas the Chiefs came from behind to anniversary of the establishment of the people and communities of the win after trailing 0-24 against the Houston Negro Leagues baseball. United States. Texans in the American Football Conference S. 2407 f divisional round, being down 7-17 against the Tennessee Titans in the American Football At the request of Mr. DAINES, the SUBMITTED RESOLUTIONS Conference championship, and trailing 10-20 name of the Senator from Arizona (Ms. against the San Francisco 49ers in Super SINEMA) was added as a cosponsor of S. Bowl LIV, becoming the first ever team to 2407, a bill to amend title 38, United SENATE RESOLUTION 489—CON- come back from double digit deficits in all 3 States Code, to provide criminal pen- GRATULATING THE KANSAS of its playoff games and win the Super Bowl; alties for individuals acting as agents CITY CHIEFS ON THEIR VICTORY Whereas the entire Chiefs roster contrib- or attorneys for the preparation, pres- uted to the Super Bowl victory, including IN SUPER BOWL LIV AND THE Nick Allegretti, Jackson Barton, Blake Bell, entation, or prosecution of a claim NATIONAL FOOTBALL LEAGUE under a law administered by the Sec- Bashaud Breeland, Alex Brown, Harrison ON ITS 100TH SEASON Butker, Morris Claiborne, Frank Clark, retary of Veterans Affairs without Dustin Colquitt, Laurent Duvernay-Tardif, being recognized by the Secretary for Mr. HAWLEY submitted the fol- lowing resolution; which was referred Cam Erving, Rashad Fenton, Eric Fisher, such purposes, and for other purposes. Kendall Fuller, Mecole Hardman, Demone to the Committee on Commerce, S. 2661 Harris, Chad Henne, Tyreek Hill, Anthony Science, and Transportation: At the request of Ms. BALDWIN, the Hitchens, Ryan Hunter, Chris Jones, Travis names of the Senator from New York S. RES. 489 Kelce, Tanoh Kpassagnon, Darron Lee, Jor- dan Lucas, Patrick Mahomes, Tyrann (Mrs. GILLIBRAND), the Senator from Whereas, on Sunday, February 2, 2020, the Kansas City Chiefs (referred to in this pre- Mathieu, LeSean McCoy, Matt Moore, Ben Connecticut (Mr. MURPHY), the Senator amble as the ‘‘Chiefs’’) won Super Bowl LIV Niemann, Derrick Nnadi, Dorian O’Daniel, from Maryland (Mr. CARDIN) and the by a score of 31 to 20, defeating the San Fran- Mike Pennel, Byron Pringle, Reggie Senator from Maryland (Mr. VAN HOL- cisco 49ers in Miami, Florida; Ragland, Austin Reiter, Demarcus Robinson, LEN) were added as cosponsors of S. Whereas Super Bowl LIV culminated the Khalen Saunders, Mitchell Schwartz, An- 2661, a bill to amend the Communica- 100th season of the National Football thony Sherman, Daniel Sorensen, Terrell tions Act of 1934 to designate 9–8–8 as League, a season in which the league, a cul- Suggs, Darwin Thompson, Charvarius Ward, the universal telephone number for the tural icon of the United States— Sammy Watkins, Armani Watts, Damien (1) promoted stars both past and present; Williams, Xavier Williams, Damien Wilson, purpose of the national suicide preven- James Winchester, Stefen Wisniewski, An- tion and mental health crisis hotline (2) served the community; and (3) looked towards the next 100 years of drew Wylie, and Deon Yelder; system operating through the National football; Whereas Lamar Hunt founded the Chiefs Suicide Prevention Lifeline and Whereas the victory in Super Bowl LIV more than 6 decades ago and helped shape through the Veterans Crisis Line, and earned the Chiefs their second Super Bowl the National Football League, including by for other purposes. championship and their first Super Bowl coining the phrase ‘‘Super Bowl’’; Whereas the Hunt family deserves great S. 2858 championship since 1970; Whereas head coach Andy Reid earned his credit for its unwavering commitment to, At the request of Mr. MORAN, the 222nd career win and his first Super Bowl and leadership and support of, Chiefs king- name of the Senator from Nebraska championship; dom; and (Mrs. FISCHER) was added as a cospon- Whereas quarterback Patrick Mahomes Whereas individuals all over the world are sor of S. 2858, a bill to require the Ad- completed 26 of 42 passes for 286 yards and 2 asking, ‘‘how ‘bout those Chiefs?’’: Now, ministrator of the Federal Motor Car- touchdowns, rushed 9 times for 29 yards and therefore, be it rier Safety Administration to establish 1 touchdown, and was named Most Valuable Resolved, That the Senate— an advisory board focused on creating Player of Super Bowl LIV; (1) congratulates— Whereas Patrick Mahomes became the (A) the Kansas City Chiefs and their loyal opportunities for women in the truck- fans for their victory in Super Bowl LIV; and ing industry, and for other purposes. youngest player in the history of the Na- tional Football League to earn both the Na- (B) the National Football League on a suc- S. 3067 tional Football League Most Valuable Play- cessful 100th season; and At the request of Mrs. CAPITO, the er award and a Super Bowl title; (2) respectfully requests that the Secretary name of the Senator from Arizona (Ms. Whereas Patrick Mahomes completed the of the Senate transmit an enrolled copy of this resolution to— SINEMA) was added as a cosponsor of S. iconic 27-yard ‘‘scamper down the sideline’’ for a touchdown to take the lead against the (A) the chairman and chief executive offi- 3067, a bill to amend title XVIII of the cer of the Kansas City Chiefs, Clark Hunt; Social Security Act to combat the Tennessee Titans in the American Football Conference championship; (B) the commissioner of the National Foot- opioid crisis by promoting access to Whereas Damien Williams had 17 carries ball League, Roger Goodell; and non-opioid treatments in the hospital for 104 yards and 1 touchdown and 4 recep- (C) the head coach of the Kansas City outpatient setting. tions for 29 yards and 1 touchdown; Chiefs, Andy Reid. S. 3167 Whereas Travis Kelce had 6 receptions for At the request of Mr. BOOKER, the 43 yards and 1 touchdown; f names of the Senator from New York Whereas Tyreek Hill had 9 receptions for 105 yards, including a crucial 44-yard recep- SENATE RESOLUTION 490—CON- (Mr. SCHUMER) and the Senator from tion on 3rd down with only 7 minutes re- Massachusetts (Mr. MARKEY) were maining in the 4th quarter; GRATULATING THE KANSAS added as cosponsors of S. 3167, a bill to Whereas Sammy Watkins had 5 receptions CITY CHIEFS ON THEIR VICTORY prohibit discrimination based on an in- for 98 yards; IN SUPER BOWL LIV dividual’s texture or style of hair. Whereas Bashaud Breeland led the Chiefs Mr. BLUNT (for himself, Mr. with 7 tackles and 1 interception; S. 3226 HAWLEY, Mr. ROBERTS, and Mr. MORAN) Whereas Chris Jones was a disruptive force At the request of Mr. KENNEDY, the by batting down 3 passes from Jimmy submitted the following resolution; name of the Senator from Mississippi Garoppolo; which was referred to the Committee (Mrs. HYDE-SMITH) was added as a co- Whereas Frank Clark sacked 49ers quarter- on Commerce, Science, and Transpor- sponsor of S. 3226, a bill to amend title back Jimmy Garoppolo on 4th and 10 with tation:

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S. RES. 490 completed an iconic 27-yard scramble down Cam Erving, Rashad Fenton, Eric Fisher, Whereas on Sunday, February 2, 2020, the the sideline for a touchdown to take the lead Kendall Fuller, Mecole Hardman, Demone Kansas City Chiefs (in this preamble referred against the Tennessee Titans; Harris, Chad Henne, Tyreek Hill, Anthony to as the ‘‘Chiefs’’) defeated the San Fran- Whereas Patrick Mahomes became the Hitchens, Ryan Hunter, Chris Jones, Travis cisco 49ers by a score of 31 to 20 to win Super first NFL quarterback with 3 double-digit Kelce, Tanoh Kpassagnon, Darron Lee, Jor- Bowl LIV in Miami, Florida; comebacks in a single postseason; dan Lucas, Patrick Mahomes, Tyrann Whereas the Chiefs, established on August Whereas Damien Williams rushed for 104 Mathieu, LeSean McCoy, Matt Moore, Ben 14, 1959, playing in their 60th season in the yards and scored 2 touchdowns, increasing Niemann, Derrick Nnadi, Dorian O’Daniel, National Football League (referred to in this his career playoff touchdown total to 11, Mike Pennel, Byron Pringle, Reggie preamble as the ‘‘NFL’’), made their third tying Hall of Famer Terrell Davis for the Ragland, Austin Reiter, Demarcus Robinson, Super Bowl appearance and their first Super most touchdowns in an individual’s first 6 Khalen Saunders, Mitchell Schwartz, An- Bowl appearance since Super Bowl IV; playoff games; thony Sherman, Daniel Sorensen, Terrell Whereas the Chiefs overcame a 10-point Whereas Travis Kelce had 6 receptions for Suggs, Darwin Thompson, Charvarius Ward, deficit in the fourth quarter and scored 21 43 yards and 1 touchdown; Sammy Watkins, Armani Watts, Damien straight points in the final 6 minutes and 13 Whereas Tyreek Hill had 9 receptions for Williams, Xavier Williams, Damien Wilson, seconds of gameplay to earn the victory; 105 yards, including a crucial 44-yard recep- James Winchester, Stefen Wisniewski, An- Whereas the victory in Super Bowl LIV tion on third-and-fifteen with only 7 minutes drew Wylie, and Deon Yelder; earned the Chiefs their second Super Bowl remaining in the fourth quarter; Whereas the victory of the Kansas City victory, ending their 50-year Super Bowl Whereas Sammy Watkins had 5 receptions Chiefs in Super Bowl LIV instills an extraor- drought that had lasted since the team last for 98 yards; dinary sense of pride for fans in the States of won Super Bowl IV on January 11, 1970; Whereas Bashaud Breeland led the team Missouri and Kansas and across the Midwest; Whereas the Chiefs were participants in with 7 tackles and 1 interception; and the first ever Super Bowl and are now cham- Whereas Chris Jones was a disruptive force Whereas people all over the world are ask- pions of the centennial season of the NFL; with 3 passes defended; ing, ‘‘How ‘bout those Chiefs?’’: Now, there- Whereas the Chiefs began their champion- Whereas Frank Clark sacked the quarter- fore, be it ship season in another great Missouri city, back of the 49ers, Jimmy Garoppolo, on Resolved, That the Senate— St. Joseph, holding training camp on the fourth-and-ten with fewer than 2 minutes re- (1) congratulates the Kansas City Chiefs campus of Missouri Western State Univer- maining to seal the victory; and their entire staff, Mayor of Kansas City sity for the tenth straight year; Whereas Harrison Butker was 1-for-1 in Quinton Lucas, Governor of Missouri Mike Whereas head coach Andy Reid earned his field goal attempts and 4-for-4 in point-after Parson, and loyal fans of the Kansas City 222nd career win, placing him sixth on the attempts; Chiefs for their victory in Super Bowl LIV; all-time wins list of the NFL and earning his Whereas Dustin Colquitt, the longest- and first Super Bowl title in his 21-year tenure as tenured Chief, earned his first Super Bowl (2) respectfully directs the Secretary of the a head coach in the NFL; victory in his 15th season; Senate to transmit an enrolled copy of this Whereas Andy Reid is the 24th head coach Whereas kick returner Mecole Hardman, resolution to— of the NFL to appear in more than 1 Super tight end Travis Kelce, safety Tyrann (A) the chairman and Chief Executive Offi- Bowl; Mathieu, and right tackle Mitchell Schwartz cer of the Kansas City Chiefs, Clark Hunt; Whereas in the 2019 NFL season, the Chiefs were named to the Associated Press All-Pro (B) the president of the Kansas City Chiefs, earned a playoff bid for the sixth time in 7 team for the 2019 season; Mark Donovan; and seasons under Andy Reid; Whereas the Chiefs should be recognized (C) the head coach of the Kansas City Whereas quarterback Patrick Mahomes for their tremendous resiliency in the face of Chiefs, Andy Reid. completed 26 of 42 pass attempts for 286 adversity when trailing 24–0 against the Houston Texans in the American Football yards and 2 touchdowns, rushed 9 times for 29 f yards and 1 touchdown, and was named Most Conference Divisional Round, down by 10 Valuable Player of Super Bowl LIV; against the Tennessee Titans in the Amer- Whereas Patrick Mahomes became the ican Football Conference Championship ADJOURNMENT UNTIL 9:30 A.M. youngest player in NFL history to earn both Round, and trailing 20–10 against the San TOMORROW the NFL Most Valuable Player award and a Francisco 49ers in Super Bowl LIV; The PRESIDING OFFICER. Under Super Bowl title, while setting a playoff Whereas the entire Chiefs roster contrib- the previous order, the Senate stands record for most touchdowns thrown before uted to the Super Bowl victory, including the first interception to start a player’s Nick Allegretti, Jackson Barton, Blake Bell, adjourned until 9:30 a.m. tomorrow. playoff career; Bashaud Breeland, Alex Brown, Harrison Thereupon, the Senate, at 6:55 p.m., Whereas in the American Football Con- Butker, Morris Claiborne, Frank Clark, adjourned until Tuesday, February 4, ference Championship, Patrick Mahomes Dustin Colquitt, Laurent Duvernay-Tardif, 2020, at 9:30 a.m.

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