[Congressional Record Volume 163, Number 37 (Thursday, March 2, 2017)]
[Senate]
[Pages S1548-S1563]
CALLING FOR THE APPOINTMENT OF A SPECIAL COUNSEL
Mr. LEAHY. Every day we learn more about the troubling connections
between the Russian Government and both President Trump's
administration and his campaign, but last night kind of topped
everything--a revelation that Attorney General Sessions met with
Russian officials during the height of the Presidential campaign, which
raises a new level of alarm.
One of the reasons is, we now know the Attorney General, under oath,
misled the Senate Judiciary Committee in response to my direct question
about his contacts with Russian officials. I asked then-Senator
Sessions if he had
[[Page S1549]]
been in contact with anyone connected to any part of the Russian
Government about the 2016 election. His answer was unequivocal. He said
no. He provided a similarly misleading response to Senator Franken,
saying that he was ``not aware'' of any connections between the Trump
campaign and the Russian Government.
Especially those of us who are lawyers, and who have had a chance to
serve as attorney general or as prosecutors in our States, know it is
an egregious breach of public trust that Attorney General Sessions has
not recused himself from this investigation. I think everybody would
agree he has to recuse himself. Of course, as this goes on, the
question now arises: Has he perjured himself?
In response to these reports, the Attorney General claims that he
``never met Russian officials to discuss issues of the campaign.'' That
is a wholly inadequate response. The Attorney General was a top adviser
to the Trump campaign. He took a private, undisclosed meeting with the
Russian Ambassador during the height of concerns about Russian
involvement in our election. Think about it. There are reports
everywhere about concerns about Russian involvement in the election of
the United States, and he has an undisclosed meeting with the Russian
Ambassador.
He also met with the Russian Ambassador during an event at the
Republican National Convention. One would think, at the Republican
National Convention, it is possible that politics might be discussed.
Now, if the Attorney General thinks his explanation is sufficient after
he misled Congress about these contacts, of course, he is mistaken. I
don't say that as a Democrat. I think everybody would agree to that.
What I worry about is that the Attorney General is only the latest
Trump administration official who has attempted to mask his contacts
with the Kremlin.
The President's first National Security Advisor lied to the Vice
President about his communications with the Russian Ambassador. He only
resigned after the media reported how he had lied to Vice President
Pence, and even that was weeks after the President had been informed.
He had to leave only when it became public. The President's Chief of
Staff attempted to use the FBI--which, of course, would be in violation
of Justice Department policies--to suppress news reports about Russian
contacts. I have been here through seven previous Presidents--
Republicans and Democrats. You would assume they would play by the
rules. This administration seems to want to make up the rules.
My concern is not just what the administration might be doing; my
concern is about Russia. We are, I believe strongly, the greatest
democracy history has known. We are the longest existing democracy in
history, and now we have Russia meddling and trying to undermine our
democracy. Every American should worry about that. Every American
should be frightened, not just concerned but frightened. It is an
attack on our democracy. This is one of the most disturbing national
security challenges facing our country. Russian President Putin ordered
a multifaceted campaign that was aimed at helping Donald Trump win and
undermining public faith in our election. That should alarm and outrage
everybody no matter what party one belongs to.
We didn't hear a word about it in the President's speech on Tuesday
during the joint session of Congress. In fact, the President's only
reaction has been to disparage American investigators, to disparage the
intelligence community, to cast journalists who report on this as
``enemies of the American people.'' Journalists are not enemies of the
American people. Russia is the enemy of the American people. Putin is
the enemy of the American people. Do not cast our journalists, do not
cast our investigators, do not cast our intelligence people, do not
cast those who dare speak out as being enemies of America. Point to the
real enemies--Vladimir Putin and those he controls.
It is about time we take this seriously. I have been here 42 years. I
have never seen such a perfidious threat to our democracy than what we
are seeing in Vladimir Putin, and my concern is the administration does
not call it out for what it is. We Americans deserve to know the facts.
We deserve a full and fair investigation. We deserve one that is free
from any political influence.
I have repeatedly called on Attorney General Sessions, who was one of
President Trump's top advisers during the campaign, to recuse himself
and appoint a special counsel to conduct the investigation. Earlier
this week, he said: ``I would recuse myself on anything that I should
recuse myself on.'' This morning, he said he would recuse himself
``whenever it's appropriate.'' This would be a ludicrous response from
a law clerk at the Department of Justice. From the Attorney General, it
is dissembling.
Recusal is not optional here. It is required by very clear Justice
Department regulations. It is required to maintain at least a semblance
of integrity in this investigation. The Attorney General has to recuse
himself because, as stated clearly in Department rules, he is obviously
``closely identified'' with the President due to his ``service as a
principal adviser.'' That is the rule, and that is the rule whether it
is a Republican or a Democratic administration. It describes his
relationship with the President.
The investigation has to be led by someone who, in reality and in
appearance, is impartial and removed from politics. That does not
describe someone who was in the trenches of a political campaign with
the subjects of the investigation while they were allegedly engaged in
the very activity under investigation. It does not describe somebody
who misled Congress--who misled the Republican-led Senate Judiciary
Committee--about his own activities that have been implicated in the
investigation.
This is not a close call. We know Russia is doing everything to
undermine our democracy. Let's stand up for America. Let's do what is
best for our country. The Attorney General should start by stepping
aside. Then what we need is an independent investigation, and we need
answers.
I thank the distinguished senior Senator from Alaska for her
indulgence.
I yield the floor.
[...]
The Attorney General
Mr. PERDUE. Mr. President, I rise today to speak in defense of a dear
colleague of ours who is now the Attorney General of our Nation, Jeff
Sessions. He is my friend. More importantly, he is a former colleague
of this very body. He is a man of integrity. He is a man of principle.
I trust him, and I take him at his word.
Furthermore, he has repeatedly said just today that he will, in fact,
recuse himself if and when it becomes appropriate. In my opinion, it is
not appropriate right now, but if it ever were to become appropriate,
he has said, without hesitation, that he would.
I have really never witnessed anything quite like this in my brief
time here in the Senate. The last 2 years have been very interesting,
but never have I seen the hypocrisy that we see going on around this
one issue.
It is increasingly clear that the minority party is singularly
focused on sabotaging this new administration at every turn, and today
is no exception. They have exercised procedural rules in the Senate
time and again, beyond the intent of the Founders' design, in order to
stop President Trump from even getting his team in place--his very
Cabinet. Our President today, as we stand here in this well, cannot
have a staff meeting because he doesn't have all of his Cabinet members
in place.
As for the Cabinet members who have been confirmed, the minority
party seems equally fixated on finding any red herring they can
ultimately find to undermine the individual's character. We have
literally reached the point where Members of this body are slandering
former colleagues for having and taking the same opportunities afforded
to them.
This morning, my colleague, the senior Senator from Missouri, tweeted
that she had never, ``EVER'' met with or taken a call from the Russian
Ambassador. But her own Twitter account proved that she has at least
twice in the last 4 years.
Thirty Members of this body, as a matter of fact, met with a Russian
Ambassador and Ambassadors from other nations in 2015 for a sales pitch
on President Obama's deal with Iran. Many of them, including the senior
Senator from Missouri, were open supporters at that time of candidates
in the President's race.
In the process of this hypocrisy, the minority party is prohibiting
us from taking action on legislation that would solve many of the
problems that have manifested themselves over the previous 8 years.
Make no mistake, Russia is a traditional rival whose actions pose a
definite threat to global security and even our own security here at
home. Their actions over the last 8 years have helped destabilize
Eastern Europe and the Middle East. It was the inaction and refusal to
lead of the past administration--a policy that the minority party
followed hook, line, and sinker--that created a power vacuum around the
world and allowed this Russian resurgence.
I have said this repeatedly, and I am going to continue to do so.
Until there is definite proof that Russians changed a single vote from
Hillary Clinton to Donald Trump, I will be focused on one thing; that
is, doing exactly what the American people sent us here to do. I
encourage my colleagues to do the same, which is to not engage in
political theater for the sake of partisan politics, but to work
together to get America back to work.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.
[...]
Calling for the Appointment of a Special Counsel
Mr. BLUMENTHAL. Mr. President, in the minutes remaining before this
vote, I want to briefly call attention to an impending constitutional
crisis we are facing in this Chamber and in this country as a result of
recent revelations coming to our attention, literally within the last
24 hours, about contacts between now-Attorney General Jeff Sessions,
our former colleague, and the Russian Ambassador.
Nearly 2 months ago, my Judiciary colleagues and I were told by then-
Senator Sessions--and the Presiding Officer is on the Judiciary
Committee. We were told in no uncertain terms that he ``did not have
communications with the Russians,'' and we took him at his word.
Last night, we learned that Senator Sessions' statement was
inaccurate. These inaccurate, possibly intentionally false, statements
misled us. They misled me, personally, and I feel they failed to
provide the whole truth about his communications with and ties to the
Russians, likely on behalf of the Trump campaign. These contacts were
in the midst of an unprecedented attack on our democracy, an act of
cyber warfare against our democratic institution that not only violated
our law but subverted our electoral process.
The potentially false statements on this topic by then-Senator
Sessions were not only deeply relevant and critically important in
their own right, but they leave us with the question: What else is
missing or misleading in that testimony, and the consequential
questions about his fitness to lead the Department of Justice must be
answered.
Unless Attorney General Sessions can provide a credible explanation,
his resignation will be necessary. Senator Sessions' false statements
heighten my deep concern about credible allegations that the Trump
campaign, the transition team, and the administration officials have
colluded with the Russian Government, not only in actions prior to the
election but possibly since then in what may amount to a coverup.
Unless the whole truth is uncovered--and if there is a coverup, truly
the adage will be fulfilled that the coverup is as bad as the crime.
The only way to deter Russian aggression and continued cyber attacks on
our democracy is to uncover the truth and deter this kind of aggression
in the future.
At the time of his meetings with the Russian Ambassador, Senator
Sessions was chairman of the Trump campaign's National Security
Advisory Committee. Ambassador Kislyak is, of course, the same
individual whose repeated covert contacts with former LTG Michael
Flynn, President Trump failed to disclose both to the American public
and to his own Vice President. General Flynn's failure to make those
disclosures led to his own termination as National Security Advisor.
Contacts between these two men would raise concerns under any
circumstances, but Senator Sessions' decision to, in effect, conceal
them makes them even more troubling. I use that word with regret
because I sat in the committee hearing as he answered those questions,
and, personally, I can reach no other conclusion than to say he must
have intended to conceal them and hide them from us as committee
members.
The Attorney General, who is the most important law enforcement
official in our country, must be held to an even higher standard. The
sudden disclosure that he met repeatedly with the Russian Ambassador
after denying under oath any such contact, gives us all the more
reason--indeed compelling evidence--that a special counsel is
necessary, and necessary now, to investigate Russian ties and contacts
with the Trump campaign.
I have called for such a special counsel or prosecutor for weeks now
and led a letter with more than 10 of my colleagues asking that
Attorney General Sessions designate such a special prosecutor.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent to speak 2
more minutes.
The PRESIDING OFFICER. Is there objection?
Ms. MURKOWSKI. Mr. President, I reserve the right to object.
I want to make sure we do have locked in at 1:45 a vote on
confirmation of Rick Perry to be Secretary of Energy.
The PRESIDING OFFICER. We do.
Ms. MURKOWSKI. As long as I still have about a minute prior to that
vote, I have no objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BLUMENTHAL. I will end my remarks within a minute.
[[Page S1563]]
In short, over the past weeks, I have called repeatedly for a special
counsel. My view is that now-Attorney General Sessions must be brought
back before the Judiciary Committee and provide an explanation. The
lack of a credible explanation makes his resignation necessary, and his
denial of contacts raises serious and troubling questions about the
process that led to his confirmation. Absent swift action by a special
counsel, evidence of this troubling conduct will be at high risk of
concealment by the very agency, the Department of Justice, entrusted by
the American people to seek and uncover the truth. An impartial,
objective, comprehensive, and thorough investigation by a special
prosecutor is unquestionably necessary now, and I hope we will have
bipartisan support for it.
I yield the floor.
[...]
