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, TUESDAY, JANUARY 21, 2020 No. 12 Senate The Senate met at 12:30 p.m. and was Framers of our Constitution knew that crats had received when they were in called to order by the President pro the Senate—and only the Senate— the minority back in 1998. Here in the tempore (Mr. GRASSLEY). could handle. Our Founders trusted the Senate, every single Senator will have f Senate to rise above short-term pas- exactly the same rights and exactly sions and factionalism. They trusted the same ability to ask questions. PRAYER the Senate to soberly consider what The House broke with fairness by The Chaplain, Dr. Barry C. Black, of- has actually been proven and which cutting President Trump’s counsel out fered the following prayer: outcome best serves the Nation. That of their inquiry to an unprecedented Let us pray. is a pretty high bar, and you might say degree. Here in the Senate, the Presi- Eternal God, You are our rock and that later today, this body will take dent’s lawyers will finally receive a fortress. Keep us from dishonor. Only our entrance exam. level playing field with the House by walking in Your precepts can our Today, we will consider and pass an Democrats and will finally be able to lawmakers remain within the circle of organizing resolution that will struc- present the President’s case. Finally, Your protection and blessings. Lord, ture the first phase of the trial. This some fairness. On every point, our straightforward turn their ears to listen to Your admo- initial step will offer an early signal to resolution will bring the clarity and nition, as You infuse them with the our country. Can the Senate still serve fairness that everyone deserves—the courage to obey Your commands. We our founding purpose? Can we still put President of the United States, the have trusted You since the birth of this fairness, evenhandedness, and histor- House of Representatives, and the land we love. That is why we will de- ical precedent ahead of the partisan American people. This is the fair road- clare Your glory as long as we have passions of the day? Today’s vote will map for our trial. We need it in place contain some answers. The organizing breath. Lord, as our Senators prepare before we can move forward, so the resolution we will put forward already to gather for today’s impeachment Senate should prepare to remain in ses- has the support of a majority of the trial, we declare that You alone are our sion today until we complete this reso- Senate. That is because it sets up a hope. lution and adopt it. We pray in Your mighty Name. structure that is fair, evenhanded, and This basic, four-part structure aligns Amen. tracks closely with past precedents with the first steps of the Clinton im- f that were established unanimously. peachment trial in 1999. Twenty-one After pretrial business, the resolu- PLEDGE OF ALLEGIANCE years ago, 100 Senators agreed unani- tion establishes the four things that mously that this roadmap was the The President pro tempore led the need to happen next. First, the Senate right way to begin the trial. All 100 Pledge of Allegiance, as follows: will hear an opening presentation from Senators agreed the proper time to I pledge allegiance to the Flag of the the House managers. Second, we will consider the question of potential wit- United States of America, and to the Repub- hear from the President’s counsel. nesses was after—after—opening argu- lic for which it stands, one nation under God, Third, Senators will be able to seek ments and Senators’ questions. indivisible, with liberty and justice for all. further information by posing written Now, some outside voices have been f questions to either side through the urging the Senate to break with prece- Chief Justice. Fourth, with all that in- dent on this question. Loud voices, in- RECOGNITION OF THE MAJORITY formation in hand, the Senate will con- LEADER cluding the leadership of the House ma- sider whether we feel any additional jority, colluded with Senate Democrats The PRESIDING OFFICER (Mr. evidence or witnesses are necessary to and tried to force the Senate to CRUZ). The majority leader is recog- evaluate whether the House case has precommit ourselves to seek specific nized. cleared or failed to clear the high bar witnesses and documents before Sen- f of overcoming the presumption of inno- ators had even heard opening argu- cence and undoing a democratic elec- ments or even asked questions. These IMPEACHMENT tion. are potential witnesses whom the Mr. MCCONNELL. Mr. President, last The Senate’s fair process will draw a House managers themselves—them- Thursday, the U.S. Senate crossed one sharp contrast with the unfair and selves—declined to hear from, whom of the greatest thresholds that exist in precedent-breaking inquiry that was the House itself declined to pursue our system of government. We began carried on by the House of Representa- through the legal system during its just the third Presidential impeach- tives. The House broke with precedent own inquiry. ment trial in American history. This is by denying Members of the Republican The House was not facing any dead- a unique responsibility which the minority the same rights that Demo- line. They were free to run whatever ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S287 . VerDate Sep 11 2014 17:29 Jan 22, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.000 S21JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S288 CONGRESSIONAL RECORD — SENATE January 21, 2020 investigation they wanted to run. If the President and with other executive ously oppose any attempt to begin the they wanted witnesses who would trig- branch officials lie at the very core of trial unless the reporters trying to ger legal battles over Presidential the President’s constitutional privi- enter the Galleries are seated. privilege, they could have had those lege. Pursuing those witnesses could The press is here to inform the Amer- fights. However, the chairman of the indefinitely delay the Senate trial and ican public about these pivotal events House Intelligence Committee and the draw our body into a protracted and in our Nation’s history. We must make chairman of the House Judiciary Com- complex legal fight over Presidential sure they are able to. Some may not mittee decided not to. They decided privilege. Such litigation could poten- want what happens here to be public; their inquiry was finished and moved tially have permanent repercussions we do. right ahead. The House chose not to for the separation of powers and the in- Mr. President, after the conclusion of pursue the same witnesses they appar- stitution of the Presidency that Sen- my remarks, the Senate will proceed to ently would now like—would now ators would need to consider very, very the impeachment trial of President like—the Senate to precommit to pur- carefully. Donald John Trump for committing suing ourselves. So the Senate is not about to rush high crimes and misdemeanors. Presi- As I have been saying for weeks, no- into these weighty questions without dent Trump is accused of coercing a body—nobody—will dictate Senate pro- discussion and without deliberation— foreign leader into interfering in our cedure to U.S. Senators. A majority of without even hearing opening argu- elections to benefit himself and then us are committed to upholding the ments first. There were good reasons doing everything in his power to cover unanimous, bipartisan Clinton prece- why 100 out of 100 Senators agreed two it up. If proved, the President’s actions dent against outside influences with re- decades ago to cross these bridges when are crimes against democracy itself. spect to the proper timing of these we came to them. That is what we will It is hard to imagine a greater sub- midtrial questions. So if any amend- do this time as well. Fair is fair. The version of our democracy than for pow- ments are brought forward to force pre- process was good enough for President ers outside our borders to determine mature decisions on midtrial ques- Clinton, and basic fairness dictates it the elections there within. For a for- tions, I will move to table such amend- ought to be good enough for this Presi- eign country to attempt such a thing ments and protect our bipartisan dent as well. on its own is bad enough. For an Amer- precedent. If a Senator moves to amend The eyes are on the Senate. The ican President to deliberately solicit the resolution or to subpoena specific country is watching to see if we can such a thing—to blackmail a foreign witnesses or documents, I will move to rise to the occasion. Twenty-one years country with military assistance to table such motions because the Senate ago, 100 Senators, including a number help him win an election—is unimagi- will decide those questions later in the of us who sit in the Chamber today, did nably worse. I can’t imagine any other trial, just like we did back in 1999. just that. The body approved a fair, President doing this. Now, today may present a curious commonsense process to guide the be- Beyond that, for then the President situation.