[Congressional Record Volume 163, Number 27 (Wednesday, February 15, 2017)]
[Senate]
[Pages S1166-S1167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                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.

                          ____________________