[Congressional Record Volume 163, Number 27 (Wednesday, February 15, 2017)]
[Senate]
[Pages S1166-S1167]
CALLING FOR AN INDEPENDENT INVESTIGATION
Mr. SCHUMER. Mr. President, I rise this morning to address the events
of General Flynn's resignation as National Security Advisor on Monday
night and the need for a full, independent, impartial, and transparent
investigation into the facts of the case. It is now readily apparent
that General Flynn's resignation is not the end of the story. It is
merely the beginning of a much longer story.
The circumstances of General Flynn's contacts with the Russian
Ambassador during the transition, the recent reports of potential high-
level contact between the Trump campaign and Russian intelligence,
including General Flynn, should raise hairs on the necks of everyone in
this body and every American of goodwill--Democrat, Republican,
conservative, liberal, Independent. This is not a partisan issue. This
is an issue about our country and how it is governed. It is also an
issue about our security. We are now left with more questions than
answers, and it is imperative to find the truth. With every hour that
goes by, more and more questions are raised. Every White House press
briefing and early morning tweet seemingly introduces new
inconsistencies and contradictions that demand a full accounting. Every
report that suggests deeper ties between the Trump campaign and the
Russian Government needs to be followed up on and verified.
We need to get all the facts.
So in the days and weeks ahead, the Trump administration needs to
answer some serious questions. These questions must be asked by an
independent and unbiased law enforcement authority. They must be
answered truthfully by administration officials. Any attempt to lie or
to mislead must be countered with the full force of law.
There needs to be an independent and transparent investigation on two
fronts: one in the legislative branch, where we have an obligation to
conduct oversight, and one in the executive branch, which has the
responsibility of finding and prosecuting potential criminal liability.
Today I wish to address the investigation that must occur in the
executive branch.
The new Attorney General, Jeff Sessions, cannot be the person to lead
that investigation. In fact, Justice Department regulations
specifically prohibit individuals who have political ties to the
subjects of an investigation from leading that investigation. It is a
clear conflict of interest. I want to read the regulations of the
Department of Justice. They are right here, and every American should
see them because they are clear as can be.
No Department of Justice employee may participate in a
criminal investigation or prosecution if he has a personal or
political relationship with any person or organization
substantially involved in the conduct that is the subject of
the investigation or prosecution or who would be directly
affected by the outcome.
[[Page S1167]]
No employee shall participate in a criminal investigation or
prosecution if he has a personal or political relationship with any
person or organization substantially involved in the conduct that is
the subject of the investigation or the prosecution.
The regulations continue. They define political relationship, again,
clear as a bell:
Political relationship means a close identification with an
elected official, candidate, political party or campaign
organization arising from service as a principal advisor or
official. Personal relationship means a close and substantial
connection of the type normally viewed as likely to induce
partiality.
Jeff Sessions was chairman of the National Security Advisory
Committee alongside LTG Michael Flynn. He was a senior adviser in the
Trump campaign, the first Senator to endorse the President's campaign,
and nominated him at the Republican Convention in Cleveland. Those
facts and the Department of Justice's own rules disqualify Attorney
General Sessions from running this investigation.
The words are crystal clear; there is no wiggle room. If Attorney
General Sessions were to conduct or in any way be involved with this
investigation, he would be violating Justice Department guidelines.
As bad a start as the Trump administration is off to, it would make
things dramatically worse to ignore these guidelines, which were set up
for the purpose of getting to the truth in a fair and impartial way.
Attorney General Sessions must recuse himself immediately. Any
investigation headed by, directed by, or influenced by the Attorney
General will be jaundiced from the very start.
Because the rules are so clear, I expect the Attorney General will
recuse himself and allow an independent and thorough investigation to
go forward.
We have an additional reason to seek an independent and transparent
investigation because of how the White House has treated this matter
over the past few weeks.
The White House knew for weeks that General Flynn misled the Vice
President and let General Flynn stay on the job. They knew for weeks
that his discussion about sanctions with the Russian Government could
potentially compromise our national security because he would be
subject to blackmail, and they let him stay on.
The President knew for weeks about this and let General Flynn stay on
in his full capacity, present at and participating in the highest level
of national security discussions, until those reports were made public.
If the reports of General Flynn's incorrect statements to the Vice
President were never made public by the Washington Post, would the
President's trust ever have eroded? Would General Flynn ever have been
fired? Would he still be in his job today? We will never know now. The
answer is very troubling.
If an investigation is not independent, nonpartisan, and, most of
all, transparent, there is no guarantee this administration will take
the decisive and immediate actions necessary to keep our country safe.
I yield the floor.
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