[Congressional Record Volume 163, Number 81 (Wednesday, May 10, 2017)]
[Senate]
[Pages S2867-S2868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                          Russia Investigation

  Mr. President, now on the topic of the day, this morning the 
Democratic caucus met to discuss the circumstances of Mr. Comey's 
dismissal by the White House. There are many questions to be answered 
and many actions to be taken. We will be pursuing several things in the 
coming days and weeks that we decided in our caucus, and we will have 
more to say about those next steps in the days ahead, but there are 
three things our caucus agreed must happen right away.
  First, Mr. Rosenstein should not be the one to appoint the special 
prosecutor. That responsibility should go to the highest serving career 
civil servant at the Department of Justice.
  Second, Mr. Comey is needed more than ever to testify before the 
Senate.
  Third, Attorney General Sessions and Deputy Attorney General 
Rosenstein should brief all Senators on these events separately and in 
a classified setting, if necessary, and they should do it soon because 
the questions are just swirling about, and there are more every day, 
almost every hour.
  Let me go over each.
  First, it is the overwhelming view of my caucus that a special 
prosecutor should now be appointed to conduct the investigation into 
the Trump campaign's ties to Russia. Mr. Rosenstein cannot be the 
person to appoint him.
  Serious doubts have been cast on Mr. Rosenstein's impartiality for 
two reasons: First, there are many reports that Director Comey met with 
Deputy Attorney General Rod Rosenstein last week to make a request for 
more resources or help with the investigation into the Trump campaign's 
ties to Russia. That would make the timing of this firing even more 
suspect. Second, Mr. Rosenstein signed his name to a highly political 
memo arguing for Director Comey's dismissal and made no complaint about 
the involvement of the Attorney General, who had recused himself from 
all matters relating to the Russia investigation, in recommending the 
firing of the man who was leading it.
  It is hard to believe that a seasoned prosecutor without bias would 
have allowed Sessions to be a part of this. It is also hard to believe 
that a seasoned prosecutor would write such a memo, which seems highly 
political--not in the kind of language and not with the kind of 
annotation that prosecutors normally write.
  These facts make it clear that the decision to appoint a special 
prosecutor should go to the highest ranking civil servant at the 
Department of Justice. Mr. Rosenstein and other political appointees 
appointed by the President, whom they are supposed to investigate, 
should not be the ones making a special call on a prosecutor, lest that 
decision be seen as influenced or, worse, made at the direction of the 
administration.
  We need to assure the American people that they can have confidence 
in our criminal justice system to conduct the Russian investigation 
impartially. The best and only way to do that now would be for a career 
civil servant at the Department of Justice to be the person who decides 
on a special prosecutor. It should not be a political appointee who 
makes such a decision.
  My friend, our great senior Senator from the State of California, 
brought this up in our meeting. Senator Feinstein's call that the 
appointment be made by someone who is a career civil servant, not a 
political appointee, has the widespread support of our caucus and is 
the only fair thing to do.
  Second, we have also learned that Mr. Comey will no longer be 
appearing before the Intelligence Committee tomorrow. In his stead will 
be the Acting FBI Director, Andrew McCabe. There are so many unanswered 
questions that only Mr. Comey can answer. We Democrats hope and expect 
that he will still come before the Senate in some capacity.
  I for one salute Senator Burr and Senator Warner for inviting him to 
testify next week before the Intelligence Committee. It is the right 
thing to do. We ought to hear from Mr. Comey. At this moment of 
profound doubt about the reasons and timing of FBI Director Comey's 
firing by the President and about the status and progress of a very 
serious investigation into the Trump campaign and Russia by his agency, 
we require answers.
  Third, the recent revelations about the Rosenstein and Comey meeting 
demand that the Attorney General and the Deputy Attorney General--
Attorney General Sessions and Deputy Attorney General Rosenstein--brief 
the Senate and answer questions because of so many things swirling 
about from last night's firing. That briefing could be classified if 
necessary--it may be part classified, part not--and each briefing 
should be done separately.
  Let me speak plainly. The prospect that a campaign for the Presidency 
of the United States colluded with a foreign power in order to win our 
Nation's highest office is as grave a topic for an investigation as 
there could be. It gets right to the heart of the pillar of our 
democracy: the fair and free elections of our representatives. And the 
fact that Mr. Rosenstein and Attorney General Sessions were involved in 
this firing when there are so many questions swirling about means they 
must come before us to answer questions. I hope Leader McConnell will 
understand the need for that and answer the plea I made this morning 
about this.
  Furthermore, the fact that Mr. Rosenstein--which came out after I 
made my request--the fact that Mr. Rosenstein, by all reports, had a 
meeting with Director Comey where Comey asked for more resources makes 
it all the more important for Rosenstein to come because that might be 
the reason Comey was fired--because he was pursuing the investigation 
in an accelerated way that was very much needed.
  So what we are seeking--the only thing we are seeking--are assurances 
that this investigation will be carried out in an impartial, 
independent way; that we get all the facts; that we get to the very 
bottom of this. All we are seeking is some assurance that the subject 
of this investigation is not able to

[[Page S2868]]

influence it or, God forbid, quash it. The topic of this investigation 
itself is very serious. The possibility that the investigation is being 
impeded or tampered with is even worse. That threatens the integrity of 
our criminal justice system and the hallowed American belief in rule of 
law. I believe this rises far above party labels. I believe it rises 
far above partisan politics.
  I have been heartened that several Republicans have expressed 
concerns. I hope and expect our Republican friends will join us in 
these efforts to make sure this investigation is conducted in the 
manner it deserves. We want Congress's role to be nonpartisan, looking 
at the good of neither political party but, rather, the good of our 
dear country.
  These are tough and serious times. We cannot shirk from our 
responsibilities, neither Democrats nor Republicans. I hope everyone in 
this Chamber will rise to the occasion.
  I thank my good friend from Minnesota for allowing me to speak.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Minnesota.