[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 24 Received in Senate (RDS)]
<DOC>
116th CONGRESS
1st Session
H. CON. RES. 24
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2019
Received
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the sense of Congress that the report of Special Counsel
Mueller should be made available to the public and to Congress.
Whereas, on January 6, 2017, the Office of the Director of National Intelligence
released a report concluding that ``Russian President Vladimir Putin
ordered an influence campaign in 2016 aimed at the US presidential
election'', that the goal of this campaign was ``to undermine public
faith in the US democratic process'' , and that ``Putin
and the Russian Government developed a clear preference for President-
elect Trump'';
Whereas, on March 20, 2017, the Director of the Federal Bureau of Investigation
(FBI) testified that he was authorized by the Department of Justice to
confirm that the FBI is investigating whether ``there was any
coordination'' between individuals associated with the Trump
presidential campaign and the Russian Government;
Whereas part 600 of title 28, Code of Federal Regulations, as in effect on March
7, 2019 (in this resolution referred to as ``Special Counsel
Regulations''), provides for the appointment of a Special Counsel when
the Attorney General or Acting Attorney General ``determines that
criminal investigation of a person or matter is warranted and--(a) That
investigation * * * by a United States Attorney's Office or litigating
Division of the Department of Justice would present a conflict of
interest for the Department or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to
appoint an outside Special Counsel to assume responsibility for the
matter'';
Whereas the Special Counsel Regulations call for any individual named as Special
Counsel to be a ``lawyer with a reputation for integrity and impartial
decision making and with appropriate experience to ensure that both the
investigation will be conducted ably, expeditiously and thoroughly, and
that investigative and prosecutorial decisions will be supported by an
informed understanding of the criminal law and Department of Justice
policies'';
Whereas, on May 17, 2017, the Acting Attorney General appointed former FBI
Director Robert S. Mueller III to serve as Special Counsel ``to ensure a
full and thorough investigation of the Russian government's efforts to
interfere in the 2016 presidential election'', including an examination
of ``any links and/or coordination between the Russian government and
individuals associated with the campaign of President Donald Trump'',
``any matters that arose or may arise directly from the investigation'',
and ``any other matters within the scope of 28 CFR 600.4(a)'';
Whereas the Acting Attorney General explained that he had appointed Special
Counsel Mueller because he ``determined that it is in the public
interest * * * to * * * appoint a Special Counsel to assume
responsibility for this matter * * * based upon the unique
circumstances, the public interest requires [him] to place this
investigation under the authority of a person who exercises a degree of
independence from the normal chain of command * * * [and that] a Special
Counsel is necessary in order for the American people to have full
confidence in the outcome. Our nation is grounded on the rule of law,
and the public must be assured that government officials administer the
law fairly'';
Whereas Special Counsel Mueller has previously served in the Department of
Justice as a prosecutor, United States Attorney, and Director of the FBI
under both Republican and Democratic administrations, and his selection
as the Special Counsel elicited bipartisan praise recognizing his
reputation for competence, fairness, and nonpartisanship;
Whereas the Special Counsel's investigation has thus far resulted in the public
indictment of 34 individuals and 3 companies, 7 guilty pleas, and 1
conviction following a jury trial;
Whereas the Special Counsel Regulations provide that ``[a]t the conclusion of
the Special Counsel's work, he or she shall provide the Attorney General
with a confidential report explaining the prosecution or declination
decisions reached by the Special Counsel'';
Whereas, on January 15, 2019, at his confirmation hearing before the Senate
Committee on the Judiciary, Attorney General William Barr testified ``I
* * * believe it is very important that the public and Congress be
informed of the results of the special counsel's work. For that reason,
my goal will be to provide as much transparency as I can consistent with
the law'';
Whereas, on February 22, 2019, the chairs of six committees of the House of
Representatives wrote to Attorney General Barr to inform him of their
expectation that he will make Special Counsel Mueller's report public
``to the maximum extent permitted by law'';
Whereas transparency is consistent with the overall purpose and intent of the
Special Counsel Regulations and the accompanying Department of Justice
commentary, which notes the importance of ``ensur[ing] congressional and
public confidence in the integrity of the process'';
Whereas the need for transparency is most pronounced with regard to
investigations that involve the President or individuals associated with
his campaign as the President is responsible for the appointment of the
senior leadership of the Department of Justice;
Whereas the Department of Justice's United States Attorney's Manual indicates
that in public filings and proceedings, prosecutors ``should remain
sensitive to the privacy and reputation interests of uncharged third-
parties'', that is, of persons who the Department considers may be, but
are not yet criminally charged;
Whereas this general nonstatutory policy of sensitivity to the ``interests of
uncharged third-parties'' should be inapplicable to a sitting President
because the Department of Justice's Office of Legal Counsel has
previously written that ``a sitting President is constitutionally immune
from indictment and criminal prosecution'';
Whereas the Department of Justice has on numerous recent occasions provided
investigatory information to Congress and the public concerning
investigations of high-level public officials in both pending and closed
cases;
Whereas in the only other instance where a Special Counsel was appointed under
the Special Counsel Regulations (in 1999, concerning the 1993
confrontation in Waco, Texas), both the interim and final reports,
including findings, provided by the Special Counsel were released to the
public by the Attorney General; and
Whereas the allegations at the center of Special Counsel Mueller's investigation
strike at the core of our democracy, and there is an overwhelming public
interest in releasing the Special Counsel's report to ensure public
confidence in both the process and the result of the investigation: Now,
therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) calls for the public release of any report, including
findings, Special Counsel Mueller provides to the Attorney
General, except to the extent the public disclosure of any
portion thereof is expressly prohibited by law; and
(2) calls for the full release to Congress of any report,
including findings, Special Counsel Mueller provides to the
Attorney General.
Passed the House of Representatives March 14, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.