[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[Senate]
[Pages S506-S510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REMEMBERING SARAH ROOT
Mrs. ERNST. Mr. President, I rise today on the 1-year anniversary of
the tragic death of a fellow Iowan, Sarah Root. On January 31, 2016--
the very same day as her college graduation--Sarah was killed by an
illegal immigrant named Edwin Mejia, who was allegedly drag racing with
a blood alcohol level more than three times the legal limit. Sadly,
despite requests by local law enforcement, ICE failed to detain Mejia.
He then posted bond, was released, and now a year later remains a
fugitive, denying Sarah's loved ones any sense of closure or Justice.
As a mother and grandmother, I cannot fathom the grief her family and
friends continue to feel after such a devastating loss. Just 21 years
old, Sarah was bright, gifted, full of life, and ready to take on the
world. Having just graduated from Bellevue University with a 4.0 grade
point average, she was dedicated to her community and wanted to pursue
a career in criminal justice. Sarah had a remarkably bright future
ahead of her, but her opportunity to make a mark on the world was
tragically cut short 1 year ago today. Yet, even in death, she touched
the lives of others, saving six different individuals through organ
donation. Although nothing can bring Sarah back to her family, we can
ensure that ICE never makes that same mistake again.
I was encouraged to see the Trump administration take action toward
addressing this issue last week by implementing parts of Sarah's Law--
legislation I introduced with my Iowa and Nebraska colleagues in honor
of Sarah. I remain committed to continuing to work with my colleagues
to fulfill the promise I made to Sarah's loving parents: that I will do
everything I can to ensure that no other parents have to go through
what the Root family has faced.
I yield the floor.
The PRESIDING OFFICER. The Senator from California.
Ms. HARRIS. I yield my hour of postcloture debate time under rule
XXII to Senator Cardin.
The PRESIDING OFFICER. The Senator has that right.
The Senator from Nevada.
Ms. CORTEZ MASTO. Mr. President, I yield my hour of postcloture
debate time under rule XXII to Senator Cardin.
The PRESIDING OFFICER. The Senator has that right.
The Senator from New Hampshire.
Ms. HASSAN. Mr. President, I yield my hour of postcloture debate time
under rule XXII to Senator Schumer.
The PRESIDING OFFICER. The Senator has that right.
Ms. HASSAN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. CARDIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CARDIN. Mr. President, I rise today as the Senate begins
consideration of the nomination of Mr. Rex Tillerson to serve as the
69th Secretary of State of the United States of America. I thank Mr.
Tillerson for his willingness to serve our Nation and for his
participation in a lengthy, wide-ranging hearing before the Senate
Foreign Relations Committee, where I have the honor of being the senior
Democrat, the ranking Democrat on the committee.
Earlier today, I thanked Chairman Corker for the courtesies he showed
during the hearing process. However, as I stated yesterday, I remain
concerned that Mr. Tillerson's demonstrated business orientation in his
responses to questions during the confirmation hearing would prevent
him from being a Secretary of State who forcefully promotes the values
and ideals that have defined our country and our leading role in the
world for more than 200 years. I, therefore, will not be supporting his
nomination.
Given the events over the weekend, I believe it is important that I
begin today's debate by painting a picture for the American people of
the unstable, reckless foreign policy that Mr. Tillerson is going to be
asked to carry out under President Trump. It is painfully obvious that
when the President says ``America first,'' the cumulative result of his
vision would actually lead to America alone and America at risk.
From time to time, in our Nation's history, we have heard the calls
of isolationism, but isolationism did not work then and it will not
work now. It is an approach that our history has taught us, time and
time again, undermines our interests, makes us vulnerable to those who
wish us harm, betrays our values, and leaves us less secure and less
prosperous.
America's leadership, rooted in our values, makes the world a better
place for all, but the first 10 days of the Trump administration shows
that the President is intent on compromising our values, abandoning our
allies, and using a sledgehammer instead of a scalpel to conduct the
detailed, careful work of safeguarding our Nation. Some of his
supporters chalk it up to inexperience. My own chairman has said on
numerous occasions that he wishes the President had more flushed-out
ideas on foreign policy space.
What the American people witnessed in the last 10 days goes beyond
inexperience. There is a willful, dangerous campaign underway by forces
in this administration to bend or potentially even break the law. More
than ever, we need to reaffirm and adhere to the values that make our
country so strong and so stable, the city on the hill that others look
to for leadership.
In order to do that, we need leaders who will not shy away from our
values, who will sound a certain trumpet for human rights, the rule of
law, and bedrock American values.
Mr. Tillerson's timid equivocation on American values throughout his
confirmation process, his trumpet's uncertain sound was alarming
because he will be working for a President clearly willing to
compromise America's values at every turn. There are many individuals
who have served in both Republican and Democratic administrations who
recognize this Executive order for what it is.
I have in my hand a letter from over 100 former Cabinet Secretaries,
senior government officials, diplomats, military servicemembers, and
intelligence community professionals who have served in the Bush and
Obama administrations. The letter, to the heads of the Departments of
Homeland Security, Justice, and State, expresses deep concern that the
Executive order issued over the weekend jeopardizes tens of thousands
of lives, has caused a crisis here in America, and will do long-term
damage to our national security.
It strongly recommends the President rescind this order. I ask
unanimous consent that this letter be printed in the Record. There
being no objection, the material was ordered to be printed in the
Record, as follows:
January 30, 2017.
Hon. John F. Kelly,
Secretary, Department of Homeland Security,
Washington, DC.
Hon. Sally Yates,
Acting Attorney General,
Department of Justice,
Washington, DC.
Hon. Thomas A. Shannon,
Acting Secretary, Department of State,
Washington, DC.
Secretary Kelly, Acting Attorney General Yates, Acting
Secretary Shannon: As former cabinet Secretaries, senior
government officials, diplomats, military service members and
intelligence community professionals who have served in the
Bush and Obama administrations, we, the undersigned, have
worked for many years to make America strong and our homeland
secure. Therefore, we are writing to you to express our deep
concern with President Trump's recent Executive Order
directed at the immigration system, refugees and visitors to
this country. This Order not only jeopardizes tens of
[[Page S507]]
thousands of lives, it has caused a crisis right here in
America and will do long-term damage to our national
security.
In the middle of the night, just as.we were beginning our
nation's commemoration of the Holocaust, dozens of refugees
onboard flights to the United States and thousands of
visitors were swept up in an Order of unprecedented scope,
apparently with little to no oversight or input from national
security professionals.
Individuals, who have passed through multiple rounds of
robust security vetting, including just before their
departure, were detained, some reportedly without access to
lawyers, right here in U.S. airports. They include not only
women and children whose lives have been upended by actual
radical terrorists, but brave individuals who put their own
lives on the line and worked side-by-side with our men and
women in uniform in Iraq now fighting against ISIL. Now,
because of actions taken by this White House, their lives
have been disrupted and they may even be in greater danger if
they are sent home. Many more thousands going through the
process will now be left behind. More broadly, tens of
thousands of other travelers, including dual citizens and, at
one point, legal U.S. residents face deep uncertainty about
whether they may even travel to the United States or risk
leaving and being barred reentry.
Many of us have worked for years to keep America safe from
terrorists. Many of us were on the job working for our
country on 9/11 and need no reminder just how vital it is to
destroy terrorist networks and bring partners to our side in
that global effort. Simply put, this Order will harm our
national security. Partner countries in Europe and the Middle
East, on whom we rely for vital counterterrorism cooperation,
are already objecting to this action and distancing
themselves from the United States, shredding years of effort
to bring them closer to us. Moreover, because the Order
discriminates against Muslim travelers and immigrants, it has
already sent exactly the wrong message to the Muslim
community here at home and all over the world: that the U.S.
government is at war with them based on their religion. We
may even endanger Christian communities, by handing ISIL a
recruiting tool and propaganda victory that spreads their
horrific message that the United States is engaged in a
religious war. We need to take every step we can to counter
violent extremism, not to feed into it by fueling ISIL
propaganda.
Perhaps the most tragic irony of this episode is that it is
unnecessary. We do not need to turn America into a fortress
to keep it secure. Since the 9/11 attacks, the United States
has developed a rigorous system of security vetting,
leveraging the full capabilities of the law enforcement and
intelligence communities. This vetting is applied to
travelers not once, but multiple times. Refugees receive even
further scrutiny. In fact, successive administrations have
worked to improve this vetting on a near continuous basis,
through robust information sharing and data integration to
identify potential terrorists. Since 9/11 not a single major
terrorist attack has been perpetrated by travelers from the
countries named in the Order.
The suddenness of this Order is also troubling. The fact
that individuals cleared for admission were literally in the
air as the Order went into effect speaks to the haste with
which it was developed and implemented. We are concerned that
this Order received little, if any scrutiny by the
Departments of State, Justice, and Homeland Security or the
Intelligence Community. Now that some of these individuals
are here in the United States, and thousands of others are
stranded, our government's response has appeared disorganized
and chaotic. As lawyers take steps to protect their clients
who have been detained here or stranded at many other
airports, the U.S. government will continue to face a flurry
of legal challenges, which could have been avoided.
Additionally, by banning travel by individuals cooperating
against ISIL, we risk placing our military and diplomatic
efforts at risk by sending a clear message to those citizens
and all Muslims that the United States does not have their
backs. Already, the international push-back has been immense,
and threatens to jeopardize critical counterterrorism
cooperation.
Fortunately, there is a way out of this self-made crisis.
We know that your agencies did not create this situation and
we particularly respect that many of you are working to
mitigate its damage. Effective immediately, you can apply the
discretion given to you under the President's Order to admit
into the country the men, women and children who are
currently still stranded in airports. The process for doing
this is well known to the security professionals within your
departments. We urge you to execute it. While it is good to
see the withdrawal of the application of the Order to legal
permanent residents of the United States, your Departments
can immediately work to allow other classes of people into
the country, and remove the discriminatory prioritization
implicit within the Order. Most critically, we urge you to
draw on the insight of the professionals in your departments
to recommend that the President revisit and rescind this
Order. Blanket bans of certain countries or classes of people
is inhumane, unnecessary and counterproductive from a
security standpoint, and beneath the dignity of our great
nation.
Dr. Madeleine K. Albright, Former Secretary of State; Janet
Napolitano, Former Secretary of the Department of Homeland
Security; Susan Rice, Former National Security Advisor to the
President of the United States; Dennis Blair, Former Director
of National Intelligence, Admiral, USN, Retired; Michael
Hayden, Former Director, Central Intelligence Agency;
Samantha Power, Former United States Ambassador to the United
Nations; Bill Richardson, Former Governor of New Mexico and
United States Ambassador to the United Nations; Tony Blinken,
Former Deputy Secretary of State; William Burns, Former
Deputy Secretary of State; Bruce Andrews, Former Deputy
Secretary of Commerce; Richard Clarke, Former National
Coordinator for Security, Infrastructure Protection and
Counterterrorism for the United States; Rudy DeLeon, Former
Deputy Secretary of Defense.
Heather Higginbottom, Former Deputy Secretary of State for
Management and Resources; Thomas Nides, Former Deputy
Secretary of State for Management and Resources; James
Steinberg, Former Deputy Secretary of State; Michael Morrell,
Former Acting Director, Central Intelligence Agency; Matthew
Olsen, Former Director of the National Counterterrorism
Center; Rand Beers, Former Acting Secretary of the Department
of Homeland Security; John B. Bellinger III, Former Legal
Advisor to the Department of State.
Ambassador (ret.) Nicholas Burns, Former Under Secretary of
State for Political Affairs; Eliott Cohen, Former Counselor,
Department of State; Michele Flournoy, Former Undersecretary
of Defense for Policy; Marcel Lettre, Former Undersecretary
of Defense for Intelligence; James Miller, Former
Undersecretary of Defense for Policy; Wendy Sherman, Former
Under Secretary of State for Political Affairs; Suzanne
Spaulding, Former Undersecretary for National Protection and
Programs, Department of Homeland Security; Michael G.
Vickers, Former Undersecretary of Defense for Intelligence;
Tara Sonenshine, Former Under Secretary of State for Public
Diplomacy and Public Affairs.
Clara Adams-Ender, Brigadier General, USA, Retired; Ricardo
Aponte, Brigadier General, USAF, Retired; Alyssa Ayres,
Former Deputy Assistant Secretary of State for South Asia;
Donna Barbisch, Major General, USA, Retired; Jamie Barnett,
Rear Admiral, USN, Retired; Jeremy Bash, Former Chief of
Staff, Department of Defense; Daniel Benjamin, Former
Coordinator for Counterterrorism, Department of State;
Charles Blanchard, Former General Counsel, United States Air
Force; Janet Blanc Former Deputy Special Representative to
Afghanistan and Pakistan; Barbara Bodine, Former United
States Ambassador to Yemen; Richard Boucher, Former Assistant
Secretary of State for South and Central Asian Affairs, Mike
Breen, Retired United States Army Officer; John G. Castellaw,
Lieutenant General, USMC, Retired; Wendy Chamberlin, Former
United States Ambassador to Pakistan.
Derek Chollet, Former Assistant Secretary of Defense for
International Security Affairs; Christopher Cole, Rear
Admiral, USN, Retired; Bathsheba Crocker, Former Assistant
Secretary of State for International Organization Affairs;
Abe Denmark, Deputy Assistant Secretary of Defense for East
Asia; Paul Eaton, Major General, USA, Retired; Mari K. Eder,
Major General, Retired, USA; Dwayne Edwards, Brigadier
General, USA, Retired; Robert Einhom, Former Assistant
Secretary of State for Nonproliferation; Evelyn Farkas,
Former Deputy Assistant Secretary of Defense for Russia,
Ukraine, Eurasia; Gerald M. Feierstein, Former United States
Ambassador to Yemen; Daniel Feldman, Former Special
Representative to Afghanistan and Pakistan.
Jose W. Fernandez, Former Assistant Secretary of State for
Economic, Energy, and Business Affairs; Jonathan Finer,
Former Director of Policy Planning, Department of State;
Robert Glace, Brigadier General, USA, Retired; Philip Gordon,
Former Special Assistant to the President and White House
Coordinator for the Middle East, North Africa, and the
Persian Gulf Region; Kevin P. Green, Vice Admiral, USN,
Retired; Caitlin Hayden, Former National Security Council
Spokesperson; Richard S. Haddad, Major General, USAF,
Retired; Gretchen Herbert, Rear Admiral, USN, Retired; Mark
Hertling, Lieutenant General, USA, Retired; Christopher P.
Hill, Former United States Ambassador to Iraq; David Irvine,
Brigadier General, USA, Retired; Arlee D. Jameson, Lieutenant
General, USAF, Retired; Deborah Jones, Former United States
Ambassador to Libya; Colin Kahl, Former National Security
Advisor to the Vice President of the United States; Claudia
Kennedy, Lieutenant General, USA, Retired.
Gil Kerlikowske, Former Commissioner, United States Customs
and Border Protection; Charles Kupchan, Former Special
Assistant to the President for National Security Affairs;
Jonathan Lee, Former Deputy Chief of Staff, Department of
Homeland Security; George Little, Former Assistant Secretary
of Defense for Public Affairs; Donald E. Loranger Jr., Major
General, USAF, Retired; Kelly Magsamen, Former Principal
Deputy Assistant Secretary of Defense for Asian and Pacific
Security Affairs; Randy Manner, Major General, USA, Retired;
Thomas Malinowski, Former Assistant Secretary of State for
Democracy, Human Rights, and Labor; Brian McKeon, Former
Acting Undersecretary of Defense for Policy.
[[Page S508]]
Philip McNamara, Former Assistant Secretary for
Partnerships and Engagement, Department of Homeland Security;
John G. Morgan, Lieutenant General, USA, Retired; Suzanne
Nossel, Former Deputy Assistant Secretary of State for
International Organizations Affairs; James C. O'Brien, Former
Special Envoy for Hostage Recovery; Eric Olson, Major
General, USA, Retired; Rick Olson, Former Special
Representative to Afghanistan and Pakistan; W. Robert
Pearson, Former United States Ambassador to Turkey; Glenn
Phillips, Rear Admiral, USN, Retired; Gale Pollock, Major
General, USA, Retired; Amy Pope, Former Deputy Assistant to
the President for National Security Affairs; Steve Pomper,
Former Special Assistant to the President for National
Security Affairs.
Michael Posner, Former Assistant Secretary of State for
Democracy, Human Rights and Labor; Anne C. Richard, Former
Assistant Secretary of State, Population, Refugees &
Migration; Leon Rodriguez, Former Director, U.S. Citizenship
and Immigration Services; Laura Rosenberger, Former Chief of
Staff to the Deputy Secretary of State; Tommy Ross, Former
Deputy Assistant Secretary of Defense for Security
Cooperation; John M. Schuster, Brigadier General, USA,
Retired; Eric Schwartz, Former Assistant Secretary of State
for Population, Refugees, and Migration; Stephen A. Seche,
Former United States Ambassador to Yemen; Robert Silvers,
Former Assistant Secretary for Cyber Policy, Department of
Homeland Security, Vikram Singh, Former Deputy Assistant
Secretary of Defense for South and Southeast Asia; Elissa
Slotkin, Former Acting Assistant Secretary of Defense for
International Security Affairs; Jeffrey Smith, Former General
Counsel, Central Intelligence Agency; Julianne ``Julie''
Smith, Former Deputy National Security Advisor to the Vice
President of the United States; Michael Smith, Rear Admiral,
USN, Retired.
Matthew Spence, Former Deputy Assistant Secretary of
Defense for Middle East Policy; Andrew W. Steinfeld, Former
Senior Foreign Policy Advisor to the Chairman of the Joint
Chiefs of Staff; Seth M.M. Stodder, Former Assistant
Secretary of Homeland Security for Border, Immigration &
Trade Policy; Jake Sullivan, Former National Security Advisor
to the Vice President of the United States; Loree Sutton,
Brigadier General, USA, Retired; Antonio Taguba, Major
General, USA, Retired; Jim Townsend, Deputy Assistant
Secretary of Defense for European and NATO Policy; David
Wade, Former Chief of Staff, Department of State; George H.
Walls, Brigadier General, USMC, Retired; William Wechsler,
Former Deputy Assistant Secretary of Defense for
Counterterrorism and Special Operations.
Catherine Wiesner, Former Deputy Assistant Secretary,
Bureau of Population, Refugees, and Migration; Willie
Williams, Lieutenant General, USMC, Retired; Johnnie E.
Wilson, General, USA, Retired; Tamara Cofman Wittes, Former
Deputy Assistant Secretary of State; Moira Whelan, Former
Deputy Assistant Secretary of State for Public Affairs; Jon
Brook Wolfsthal, Former Special Assistant to the President
for National Security Affairs; Lee Wolosky, Former Special
Envoy for Guantanamo Closure; Stephen N. Xenakis, M.D.,
Brigadier General, USA, Retired.
Mr. CARDIN. Mr. Tillerson needs to answer whether he supports Mr.
Trump's decision this weekend to ban Muslims, to keep green card
holders out of the country, and state his view on the chaos that ensued
from the terrible implementation of this terrible policy. We asked Mr.
Tillerson during the confirmation hearing whether he supported a Muslim
ban. He would not give us a clear answer, and he did not speak out
against an unconstitutional Muslim ban.
Just today, I have sent a letter, as the ranking Democrat on the
Senate Foreign Relations Committee, to Mr. Tillerson asking his
specific views on the President's Executive order, what impacts that
will have on America's credibility, what impact that will have on
America's ability to work with our strategic partners around the world.
I hope he will respond to us so we know his views on the President's
Executive order before we are called upon to vote on his nomination.
I ask unanimous consent that a copy of that letter be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
United States Senate,
Committee on Foreign Relations,
Washington, DC, January 31, 2017.
Mr. Rex Tillerson,
CEO, Exxon Mobil Corporation,
Irving, TX.
Dear Mr. Tillerson: As the Senate Foreign Relations
Committee and the full Senate consider your nomination to
serve as Secretary of State, I write to seek your views about
the Executive Order, ``Protecting the Nation from Foreign
Terrorist Entry into the United States,'' signed by President
Trump on January 27, 2017. I am concerned that the text of
the Executive Order and its haphazard implementation over the
weekend run counter to our American values and the U.S.
Constitution, as well as our national security and economic
interests.
Do you support the Executive Order's indefinite denial of
entry to Syrian refugees and the 120-day suspension of the
entire U.S. Refugee Resettlement Program, which impacts
20,000 refugees and will, in practice, grind all refugee
processing to a halt for many months?
Do you agree with President Trump's assertion that our
country should give preference to Christians seeking to
obtain visas or admission to the U.S? If so, do you think
this action is consistent with our nation's bedrock
principles of liberty and religious freedom?
What process would you support to identify an individual's
religion prior to receiving a visa, admission, or other
immigration benefit?
In your view, what message does barring individuals that
have served our military in Iraq send to our partners abroad?
Does that policy harm our national security and bilateral
relationships?
Given this order's deliberate targeting of certain
countries and disproportionate impact on Muslims, what will
be the implications for our relationships with foreign
countries that are predominantly Muslim? Do you think this
order give fodder to ISIL's recruitment efforts in framing
the U.S. war against terrorism as really a war on Islam?
I urge you to be forthright and thorough in your answers.
Many thanks for your cooperation on this matter.
Sincerely,
Benjamin L. Cardin,
United States Senator.
Mr. CARDIN. Mr. President, it remains to be seen whether Mr.
Tillerson has the moral compass necessary to counsel the President
toward a coherent U.S. foreign policy that advances our national
security and embraces our values and ideals or if he will be another
yes-man, enabling the risky, chaotic whims of a demagogue President,
who is leading us on a march of folly.
The American people deserve to know because if the last 10 days are
any indication, the Trump administration is on a track to be the most
dangerous and divisive in history. Nothing so painfully illustrates
that point as Friday's Executive order banning refugees and certain
Muslim immigrants from entering the United States. As a citizen of this
great Nation, I am deeply offended by and ashamed of the President's
Executive actions.
When the news of this developed over the weekend, I happened to be
attending a family wedding in the Miami area, a city rich in its
immigrant character and its welcoming nature to people of many faiths
and backgrounds.
Miami was also the city where one of the most shameful episodes in
our history transpired, where in 1993, the St. Louis, filled with
Jewish refugees trying to flee the horrors of Nazi Germany waited for
days, seeing the lights of the city ashore, seeking shelter and refuge.
Shamefully, we turned the St. Louis away and condemned many of its
passengers to death in the Holocaust.
We say never again. Yet fear and uncertainty was palatable this
weekend in Miami and across the country. I have heard from constituents
who were temporarily detained and arrested or whose loved ones had
scheduled legal travel to the United States but were unsure if they
should board their planes for fear of being arrested or turned around
once they arrived.
I am aware of students studying legally here in the United States who
suddenly found their entire future in jeopardy because of their
nationality. Maryland is proud to host world-class universities like
Johns Hopkins and the University of Maryland, colleges that are
enriched by the contributions and perspectives of foreign citizens.
Permanent legal residents who endured a lengthy process to acquire
their green card and make the United States their home were suddenly
unsure if they belonged. I was particularly troubled when two Iraqi
citizens, who have played critical roles in supporting America's forces
in Iraq, and were traveling on valid visas, were denied entry into New
York. What do they get for helping our brave men and women with
translation and security services? A big ugly ``Not Welcome'' sign at
JFK Airport. Adding insult to injury, their immediate families were
already here in the United States.
The cumulative effect of this Executive order is enough to make your
stomach churn because what President Trump tried to do was legalize
discrimination based on religion and nationality. As President Trump
said, giving preference to Christians is going to be OK. As Trump
adviser Rudy
[[Page S509]]
Giuliani said, this is a way to legalize a Muslim ban.
So I was relieved when Federal judge Ann Donnelly issued a stay on
Saturday evening to stop the madness, at least temporarily. Other
judges around the Nation acted accordingly as well, affirming certain
rights of green card holders and legal permanent residents, but too
many innocent people remain in limbo. My staff's communications with
Cabinet agencies over the weekend were extremely troubling. The left
hand did not know what the right hand was doing in the Trump
administration. In the zeal to play politics and inflame the fears of
Americans who feel threatened, the White House revealed how little they
knew or cared about governing.
It was reported that Secretary Kelly did not have a proper
opportunity to view the Executive order before it was issued, a
sobering lesson I hope Mr. Tillerson has paid close attention to. The
Department of Homeland Security has now belatedly begun to engage on
issuing guidance, but I fear the damage has been done.
Clearly, the Department of Justice was not part of developing the
Executive order, as Acting Attorney General Sally Yates said, boldly,
that she was not convinced that the Executive order was lawful. As a
result, President Trump fired her--the Monday night massacre. Our voice
must be loud and clear. Mr. Trump, this is our country, a country that
stands for the highest principles, supported by the rule of law.
If Ms. Yates' firing is any indication as to how President Trump will
handle different views, our Democratic institutions of checks and
balances will indeed be challenged. The White House Press Secretary,
Sean Spicer, said that foreign service officers using the dissent
channel to express their views on the immigration Executive order
should ``either get with the program or they can go.''
The dissent channel was set up during the Vietnam war as a way for
foreign service officers and civil servants to raise concerns with
upper management about the direction of U.S. foreign policy without
fear of retribution. It is for ``consideration of responsible,
dissenting and alternative views on substantive foreign policy issues
that cannot be communicated in a full and timely manner through regular
operating channels or procedures.''
This process for the use of dissent channels was codified in the
Foreign Affairs Manual in 1971, which dictates that dissent cables are
sent to the Departments' policy planning directors who distribute them
to the Secretary of State and other top officials who must respond
within 30 to 60 days. There are typically about four or five each year.
Freedom from reprisal from dissent user channels is strictly enforced,
but the President's Press Secretary said they can go.
What type of free discussion do we want to have in this country?
Where are the checks and balances? Where is the willingness to listen
to different views?
The President also put a 4-month freeze in place on all refugees
entering the United States, singling out refugees from certain Muslim-
majority countries for extra screening, failing to acknowledge or speak
about the thorough 18- to 24-month screening process that refugees from
dangerous countries, such as Iraq and Syria, already endure before they
come to our Nation. We have the toughest screening now. I am not sure
what the President is talking about when he says additional screening.
We already have the toughest screening. They already go through the
United Nations. They are already interviewed. Their background is
checked.
Moving forward, the number of refugees entering the United States
will fall by 50 percent. It is clear that the President of the United
States has a fundamental misunderstanding of America's leading role on
refugee resettlement. Today, I will meet with King Abdallah of Jordan,
a nation that has accepted 650,000 Syrian refugees. And President Trump
is holding our program to accept approximately 10,000 Syrian refugees,
placing it on hold.
Jordan is one of America's global partners in fighting extremism. It
will be interesting to see the reactions we get from our partners.
If we close our doors to refugees, we will not only close our doors
to U.S. humanitarian values but also severely damage America's global
credibility on universal values.
The United States is a nation of immigrants and refugees from all and
no faiths. We learned from our mistake with the St. Louis, and we are
the Nation that received refugees from the Holocaust after the Second
World War. We are the Nation that opened our doors to hundreds of
thousands of citizens fleeing conflicts and political oppression in El
Salvador, Cuba, Vietnam, and Cambodia.
The United States must continue to lead by example, but President
Trump's cruel Executive order on immigrants and refugees undermines our
core values and traditions, threatens our national security, and
demonstrates a complete lack of understanding of our strict vetting
process--the most thorough in the world. It is a dangerous and
shortsighted policy that erodes our moral leadership and harms our
national security as well as our alliances and partnerships worldwide.
This is not the kind of America that Americans deserve.
Also over the weekend, President Trump spoke with Russian President
Vladimir Putin. There has been perhaps no other issue that has so
pitted President Trump against the interests of the United States than
Russia. Reflexively, the President will not utter basic truths about
Mr. Putin's Russia, such as these: The annexation of Crimea, Ukraine,
is illegal; they committed war crimes in Syria; and they sought to
create doubt about and potentially influence the election that saw him
elected President, as our intelligence community has now overwhelmingly
confirmed.
There is no more fundamental interest that we have as Americans than
our democracy. Let's be clear: Just as with Pearl Harbor or September
11, in this past election, the United States was attacked by a foreign
power. President Trump does not even seem to care that we were attacked
or, worse, does not seem to believe that we need to stand up and defend
our democracy and our form of government. I find that unfathomable.
The phone calls this weekend came against the backdrop of President
Trump and his aides floating the idea of lifting our current sanctions
on Russia. So Russia has invaded Ukraine, has committed war crimes in
Syria, has attacked our free democratic system, and we are talking
about easing sanctions on Russia? It is such a miscarriage of justice
and accountability that they do not understand or won't acknowledge the
gravity of what Russia seeks to do here in our country and around the
world.
It is, therefore, incumbent on Congress to act. I am pleased to have
bipartisan support for my effort to impose additional sanctions on
Russia as well as require the President to seek congressional approval
before he rolls back current sanctions. Sanction relief can only come
when Russia has changed its behavior, and I see no indication that that
will come any time soon.
The unclassified reports released by the intelligence community
earlier this month says that Russia's intelligence tried to access
multiple State or local election boards. They also confirmed that
Russia has researched U.S. electoral procedures and related technology
and equipment, though they were clear in their assessment that there
was no evidence at this time that Russia interfered in the actual vote
tabulation.
An America that becomes passive or willfully blind to a resurgent
Russia is not the kind of America that the American people deserve, and
it is imperative that the administration understand this and act
accordingly. What the American people don't need is the White House
focusing on a trial balloon last week that fell like a lead ball.
Some in the administration thought it would be a good idea to bring
back the notorious black sites--secret prisons--from a decade ago,
where our intelligence picked up foreign nationals suspected of
terrorism connections, hid them, and, in some cases, tortured them or
allowed the prison's host country to torture them.
Perhaps nothing did more harm to our credibility and boost terrorist
recruitment during the early years of the Iraq war than the dangerous,
amoral
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practice of rendition, secret detention, and interrogation by torture.
We cannot go back to those practices if we value maintaining the
perception and the reality of the United States of America as a beacon
of justice, law, and human rights for the world.
Make no mistake, this approach, like the immigration Executive order,
endangers American citizens and personnel abroad and is a boon to ISIS
and like-minded groups. It validates their propaganda, aids their
recruitment and incitement of homegrown terrorism in the United States
and the West, and encourages attacks against America abroad. General
Mattis gets it; why can't the President?
President Trump must never let this Executive order see the light of
day. This is not the kind of America that the American people deserve.
Let me turn now to our relationship with our neighbors, our most
important international relationships.
Since entering the political arena 18 months ago, candidate Trump was
consistent in his treatment of Mexican immigrants and refugees,
referring to them on day one of his Presidential campaign as drug
users, criminals, and rapists.
So Mr. Tillerson's job was shaping up to be difficult enough. It got
even harder last week. In the last 5 days, President Trump has insulted
the Mexican President and people with his Executive orders on border
wall construction and the treatment of immigrants and refugees at our
border, as well as stoked fear throughout sanctuary and welcoming
cities in the United States that resources could be cut and innocent
people could be apprehended, breaking up and devastating families.
The President's new Secretary of Homeland Security said pointedly
that a wall will not work, and Mr. Trump missed a real opportunity at
the outset of his Presidency to advance both comprehensive immigration
reform and border security, which go hand in hand.
We did that a few years ago. That is what the President should have
come in with and used his Presidency to pass comprehensive immigration
reform, as we did. Instead, he wants to build a wall.
Turning away legitimate asylum seekers at the border or requiring
mandatory detention of families and children will do nothing to make
America safer. Such cruel actions will inevitably bring harm and
potential death to survivors of violence and torture, including many
women and children, while undermining America's values and damaging our
relationships with our allies.
Why the President would deliberately pick a fight with the President
of Mexico is truly puzzling.
Not to be outdone after being embarrassed by the President of
Mexico's cancellation of his visit to Washington, the President doubled
down and had the audacity to suggest that the cost of constructing a
border wall should be passed on to the hardworking American families,
not once but twice. The first is by inserting it in the budget. That is
taxpayer dollars paying to build a wall that won't work. The second is
through a tax on Mexican imports which will, in turn, be paid for by
American consumers. All the while, he continues to blow smoke and say
that we will continue to find a way for Mexico to ultimately pay for
this dream wall.
It won't happen. This is not the kind of America that the American
people deserve.
Lastly, I want to point out that, in his third day of office, just
one day after the 44th anniversary of the landmark Roe v. Wade Supreme
Court decision, President Trump reinstated the controversial global gag
rule that would cut off U.S. family planning funding to any nonprofit
group overseas that provides any information about abortion in their
health care services for women and families in need.
In other words, this is not about U.S. money supporting abortion
services. It is about working with organizations.
Now, Republican Presidents routinely reinstate this harmful rule, but
President Trump's global gag order is even more extreme. It massively
expands his already harmful policy to threaten all U.S. foreign aid
assistance to nonprofit groups engaged in health in the developing
world. That will significantly increase the jeopardy of cutting off
U.S. funding to international health efforts.
We are talking about millions of more women and families. Without
funding these organizations, we will not be able to provide HIV
prevention, care and treatment services to those in need, provide
integrated maternal health care with contraceptive services, or counsel
women on the potential risk of Zika infection, among many other
activities. This is very counterproductive to U.S. goals and interests.
This is not the kind of America the American people deserve. The
American people deserve leadership that will make them safer and more
secure, that will increase our prosperity, and that will advance our
values and serve as an example to the world. That America, Mr.
President, is also an America that can lead the world and that the
world will want to work with.
The state of world affairs has been precarious for some time now.
Almost single-handedly, President Trump is inflaming previously
simmering situations, while creating new problems where they previously
did not exist.
World leaders are chastising us. Innocent people are looking at us in
fear. Terrorists are gearing up to use Trump's hate-mongering in their
recruitment and anti-American propaganda. We will be less safe, not
safer. He will be putting Americans at risk here at home and those
traveling abroad.
As we do debate Mr. Tillerson's nomination, we cannot lose sight of
the fact that he will be carrying out the foreign policy of the most
dangerous, unstable, thin-skinned, and inexperienced President we have
seen on foreign policy issues and other issues.
Is he up to the job? Will he be a voice of reason and stability when
times call for reason and stability? Will he resist the forces of war
that so easily call out, rather than engage in the hard but necessary
work of diplomacy and negotiation?
These are critical questions that we must ask and seek answers to as
we debate and vote on the most important official in the President's
Cabinet.
It is clear to me that, unfortunately, Mr. Tillerson will not be that
voice of stability, reason, and diplomatic experience that the United
States so desperately needs at this time of uncertainty and
instability.
I yield the floor.
The PRESIDING OFFICER. The Senator from Louisiana.