[Congressional Record Volume 163, Number 81 (Wednesday, May 10, 2017)]
[Senate]
[Pages S2873-S2876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Russia Investigation
Mrs. MURRAY. Mr. President, this is a critical moment in our Nation's
history--a moment when partisanship should be set to the side, politics
should be put on hold, and every Member of this Chamber should focus on
what they can do to ensure the integrity of our justice system and the
integrity of our executive branch. Nothing less is at stake, and none
of us here should forget that.
For months, the questions surrounding President Trump's campaign's
ties to Russia--what happened, who was involved, and why--have gone
unanswered. The more information that comes out, the more suspicious it
all looks. And the more that President Trump tries to douse the flame
by firing the people looking at where the smoke is coming from, the
more we are going to keep paying attention, because the bottom line is
that there are so many questions--real questions, legitimate
questions--that absolutely need to be answered.
Many of us have pushed for these answers. We have called for an
independent investigation. We had hoped that President Trump would
resist the urge to slow them down or stop them or cover anything up.
But the time for the back-and-forth is over. The time for hoping is
behind us, and the time for all of us to come together and speak with
one voice for truth and against any kind of coverup is now.
[[Page S2874]]
What happened yesterday was truly shocking, and this is coming from
someone who didn't think that was possible anymore with this President.
But if anyone was wavering before, if anyone wanted to give this
administration just a bit more time, I am hoping they have been paying
attention to the events of the past 24 hours because it is hard to stay
on the fence now.
President Trump's firing the head of the FBI like that--in such a
haphazard way--in the middle of an investigation into his own
campaigning activities should be the last straw for anyone. So right
now it could not be more clear.
It is time for a special prosecutor who can run an independent
investigation, far from the reach of President Trump and his
administration, to take the case and finally get the answers the
American public deserves.
At the same time, our efforts here in Congress--especially the
investigation in the Intelligence Committee--have to continue, and they
need to continue in an independent and bipartisan way.
As I mentioned before, this isn't about politics. It shouldn't be,
anyway. This is about the integrity of our election, of our national
security, of our justice system, of our Presidency, of America's
standing in the world.
No Member of Congress, no matter what their political affiliation,
should stand in the way of a thorough investigation, and neither should
the President of the United States.
Mr. Trump may think he can bully his way to a lucrative real estate
deal or bully the press or bully his way into the White House; that he
can fire anyone, including the Deputy Attorney General, a U.S.
attorney, or the FBI Director, if they dare to get in his way or
investigate his wrongdoing, but President Trump should not--he cannot--
bully his way out of an investigation, especially not when so much is
at stake.
More than 100 days into his term, President Trump may have forgotten
that he promised to be a voice for millions of people across our
country. But I haven't forgotten whom I represent, and I stand here
today to lift up the voices of so many people in my home State of
Washington who are calling on us to get the answers--people who care
about our country, who know we can do better, who hate to see us
spiraling toward situations we have not seen since President Nixon.
As of noon today, my office had been flooded with hundreds of calls.
The phones are ringing off the hook. On the other end of the line are
the people we represent. They are picking up the phone and trying to
get through to every one of us in the Senate. They want answers, and
they deserve them.
So let's get to the bottom of this, once and for all, for the people
we represent and for the integrity of our elections and our very
democracy.
I yield the floor.
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. DURBIN. 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. DURBIN. Mr. President, this is a photograph taken today of our
President Donald Trump and Russian Foreign Minister Sergey Lavrov. This
photograph was taken in the Oval Office today, where President Trump
met with Mr. Lavrov. The meeting was closed to the American press. The
photo was released by the Kremlin in Moscow.
The second photo is of Mr. Trump and the Russian Ambassador to the
United States. His name is Sergey Kislyak. He was also in the Oval
Office today to meet with President Trump, and this picture was also
released by Moscow and the Kremlin.
Ambassador Kislyak's name is familiar to many Americans now--it is
familiar to me--because President Trump's National Security Advisor,
Michael Flynn, resigned because of communications he had with
Ambassador Kislyak which he tried to keep secret and misrepresented not
only to the American people but to the Vice President of the United
States.
The warm smiles and hearty handshakes President Trump gave to these
Russian officials stand in stark contrast to the way the White House
has treated three American Department of Justice officials: Sally
Yates, Preet Bharara, and James Comey.
After President Trump was elected President, he asked Ms. Yates to
serve as Acting Attorney General, and he asked Mr. Bharara to stay on
as U.S. attorney for the Southern District of New York and indicated
that Mr. Comey could stay on as Director of the FBI. But then it
appears that each of these three Justice Department officials were in
charge of investigations that started to become a concern in President
Trump's White House.
We heard on Monday from Sally Yates how she had informed the White
House Counsel's office on January 26 this year that Michael Flynn, the
National Security Advisor to the President of the United States, had
been compromised and could be blackmailed by the Russians for lies he
had told publicly. President Trump kept Michael Flynn on for 18 days
after that express warning by the Acting Attorney General to the White
House Counsel. He only asked for his resignation hours after the
Washington Post reported on General Flynn's false statements about his
Russian communications.
The President fired Sally Yates, the Acting Attorney General, on
January 30--4 days after she warned the White House about this
connection between General Flynn and this Ambassador.
Then there was Preet Bharara, whom the President invited to Trump
Tower to tell him he wanted him to stay on as U.S. attorney for the
Southern District of New York. Mr. Bharara's jurisdiction, of course,
included Trump Tower. The President then, in a sudden Friday evening
announcement on March 10, fired all the U.S. attorneys, including Mr.
Bharara. Mr. Bharara said he was blindsided. Why was he fired? We don't
know. But we do know that Mr. Bharara was well known as a dogged and
independent prosecutor. News reports indicate that Mr. Bharara was
investigating one of President Trump's Cabinet members, HHS Secretary
Tom Price, for insider trading.
Yesterday, President Trump fired FBI Director Comey while the
Director was in Los Angeles giving a speech to FBI agents. The Director
was not told directly of his firing. He thought initially it was a
joke.
At the time he was fired, Director Comey had confirmed that the FBI
was conducting an investigation into Russia's interference in the 2016
election and possible connections between the Russians and individuals
in the Trump campaign and administration. Last night, CNN reported that
Federal prosecutors have begun a new phase of this Russian
investigation, issuing grand jury subpoenas to associates of Michael
Flynn's, seeking business records.
Director Comey was supposed to testify before the Senate Intelligence
Committee later this week.
According to news reports, last week Director Comey went to the
Justice Department and requested more money and resources to devote to
the Russian investigation.
Sally Yates, Preet Bharara, James Comey--three Justice Department
officials who led investigations that appeared to be getting close to
the President and his inner circle. All three were then fired by
President Trump.
President Trump's firing of Director Comey made history. Not since
Watergate, on the evening of October 20, 1973--a Saturday, known
affectionately as the Saturday Night Massacre--has a President
dismissed the head of an investigation into his own administration. In
its 190-year history, only one FBI Director had been fired. FBI
Director William Sessions was dismissed for serious ethical violations,
and the FBI at that time was not investigating the Clinton
administration.
I have had my disagreements with Director Comey, judgments he has
made, statements he has made. I am not exactly his greatest fan. But I
didn't question his competence when it came to investigating. I never
called on him to be fired.
There are so many questions that need to be answered: Why was
Director Comey fired now, just as the FBI investigation of the Russian
interference of the Presidential campaign seemed to be reaching a
critical point?
Today, the White House spokesperson said that the President has been
considering firing Director Comey since the day he took office. Did the
President or anyone else in the White House
[[Page S2875]]
ask or direct the Justice Department to recommend the firing of
Director Comey? Press reports quote Trump administration aides saying
Attorney General Jeff Sessions was charged with coming up with the
reasons why the President should fire Comey. President Trump told my
colleague Senator Feinstein he had asked the Justice Department to
review Comey's performance. And Sarah Huckabee Sanders, Deputy Press
Secretary to the President, acknowledged today that the President asked
the Justice Department to put the recommendation in writing.
Why was Attorney General Sessions involved in this decision at all?
Remember, Attorney General Sessions was forced to recuse himself from
the investigation of Russian collusion with the Trump administration
because of his close connections with the Trump campaign and
communications he himself had with Mr. Kislyak and other Russian
officials.
When they made the decision to fire Director Comey, was the White
House aware that Director Comey had reportedly just asked the Justice
Department for more resources for an adequate investigation?
Perhaps the most important question of all: When will Republicans in
Congress agree to support a special prosecutor and an independent
commission to get to the bottom of this Russian collusion in our last
Presidential election?
November 8, 2016, is a day that will live in cyber infamy. It was
that election in which the Russians set out to change the results. It
is the first time we have seen an overt effort by a foreign power to do
this, and many on the other side of the aisle have taken a ho-hum
attitude--it is just another example of kids being kids. I don't think
so. When one of our major adversaries in the world decides to try to
impact the choice of the leader of the free world, the United States
should stand up take notice, and fight back. Let's not forget that a
week ago there was a hacking attack on another democratic election in
France and that all signs point again to Russia as perpetrator.
Russia has acted with impunity since its attack on our election, in
part due to the administration's refusal to acknowledge Russia's
responsibility for an act of cyber war on America and to respond
accordingly and the majority party's refusal to take serious actions
here in Congress.
In these pictures, President Trump is shaking hands with Russians,
and the Kremlin is gleefully tweeting these pictures around the world.
The President kept out the American press, but it turns out the
Russians got the photos they needed to send around the world.
The American people need some answers about what is going on here.
When will the Republicans join us in a bipartisan effort to have an
honest investigation, to follow the facts and follow the evidence
wherever it may lead, and to hold those accountable who may have been
guilty of collusion with a foreign government trying to impact the
outcome of an election?
If we read the memo that has been prepared by Deputy Attorney General
Rosenstein giving the reasons for the dismissal of James Comey, it
focuses almost exclusively on Comey's treatment of Hillary Clinton in
the last Presidential campaign. I am incredulous to think that some 10
months after the fact, the Trump administration took such pity on the
treatment of Hillary Clinton, they couldn't wait to fire the Director
of the FBI. That is the so-called good reason they are giving us, but
there is a real reason. The real reason is that it seems that James
Comey was engaged in an investigation into the Russian collusion in the
last election; that he was looking at members of the Trump
administration--specifically, General Flynn in this circumstance--and
he was also looking at whether any other individuals, involved with the
Trump campaign or not, were engaged in this activity. He clearly needs
more resources, and he wants to get to the bottom of it, and for that,
he was fired last night.
The question obviously is, What happens next? Will the American
people sit still for this? Will they accept this kind of effort to
close down an investigation that might reach into the President's own
White House? If they are willing to step back and let that happen, then
we have surrendered an important principle.
In 1973, President Nixon tried to make it clear that he could not be
held accountable to the rule of law when it came to the Watergate
break-in and coverup. He fired Archibald Cox. Others resigned because
of that firing, and the public sentiment across America was so strong
against President Nixon for trying to intervene in this legal process
that ultimately he paid a heavy price for his conduct.
I don't know whether there is any involvement by President Trump in
this collusion. I am not going to assume that. I shouldn't. In
fairness, there should be an investigation--a credible investigation--
by professionals. But shutting down the investigation by the FBI at
this point closes the door to gaining valuable information so that we
understand who was involved in this effort to undermine the American
Presidential election.
I am not standing here in defense of James Comey as a person. I do
stand here in defense of this Director of the FBI who believed, as our
intelligence agencies believed, that this was a credible threat to the
democracy of the United States and deserves a professional prosecutor's
investigation. For that reason, Comey's efforts should continue. But,
having dismissed him, let's at least hope that Mr. Rosenstein will
stand up for the integrity of the Department of Justice and do two
things:
First, give a public assurance that the investigation of Russian
collusion in our last Presidential election will continue, and at the
time, name a Department of Justice career official who will be in
charge of it until a new Director of the FBI is found.
Second, Mr. Rosenstein, as well as Senator Sessions--now Attorney
General Sessions--should not be party to choosing a special prosecutor.
Let's have career Department professionals choose someone from outside
government, without a party label, who has demonstrated the expertise
necessary to prosecute such challenging situations as this. Put them in
charge, let them investigate, and let the facts lead us to a
conclusion.
To try to stop this or short-circuit it by dismissing Mr. Comey is
ineffective in terms of serving justice and, sadly, is a sad reflection
on American ideals and values.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. BENNET. 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. BENNET. Mr. President, as you know, last night President Trump
fired FBI Director James Comey. He did this in the middle of an active
FBI investigation into possible links between the Trump campaign, Trump
associates, and the Russian Government. This action should worry every
Member of the Senate. I know it worries the people we represent. My
office has been flooded with calls since this decision became public.
Americans are asking why this firing happened now, why the firing
happened at all--and they are right to ask.
Officially, President Trump said the FBI Director's dismissal was
necessary to restore the ``public trust and confidence'' in the FBI.
That is laughable. Anybody who knows Director Comey or knows the FBI
knows that statement is completely false. I had my issues with the
decisions that Director Comey had made over the past months. I never
called for his removal, but I know that he did not have a negative
effect on morale at the Justice Department or in the FBI.
I worked for a Deputy Attorney General of the United States. I am so
disappointed in the tone of the letter written by this Deputy Attorney
General--we learned this afternoon--at the request of the President of
the United States. This is not a letter that came up through the chain
at DOJ, but a conversation--as the public reports are tonight--that
happened at the White House, where the Deputy Attorney General and the
President agreed mutually that it was time for Director Comey to go.
The President, apparently, asked the Deputy Attorney General to put
it in writing. Then he wrote a letter, the
[[Page S2876]]
type of which I have never seen come from the Deputy Attorney General's
office. I worked on reports that we made with the Office of
Professional Responsibility at the Department of Justice. I never saw a
report like this before. But what I really find amazing about this
decision--and I don't know why the decision was made; I am the first to
say that I don't know--is that, having been in the Senate, having
worked in the Deputy Attorney General's office at the Department of
Justice, that nobody at the White House said to the President: Maybe
the best thing to do is not to fire the FBI Director when he is in the
middle of an investigation about ties of your campaign to Russia,
because maybe that will undermine Americans' confidence in the rule of
law, and maybe that will undermine Americans' confidence in this
administration and worry people that the FBI isn't treating this
fairly. The idea that not a single member of the administration was
successful in making that case to the President is really worrisome to
me tonight, and it is one of the reasons why people think the answer to
why this firing occurred is simply not credible.
President Trump, unlike some, has repeatedly praised Director Comey
over the past months. He said he had guts. He said: ``I respect him a
lot.'' Now, overnight, based on a completely nonroutine letter written
at the request of the President, he has turned 180 degrees.
The American people deserve an explanation for this unprecedented
action. They deserve an explanation tonight. They deserved one this
afternoon. They know this isn't how our government is supposed to work.
I think the reason why people in Colorado and in other parts of the
country, I am sure, are concerned is that this dismissal is not the
first action the President has taken that raised concerns about his
commitment to the rule of law or his commitment to the independent
judiciary or to the freedom of the press under the First Amendment when
he doesn't like the scrutiny he or his administration are getting from
a free press. He does not have a fundamental appreciation for the basic
institutions and traditions of this country.
It is a great irony, I think, at this moment in our politics, that
the President represents a radical view of American history and
American traditions. It is my hope that this Senate--Republicans and
Democrats working together--can express together a conservative view of
those traditions, a view that says: We need to preserve the sanctity of
the rule of law. We need to preserve and elevate the idea that the
judicial branch is an independent judiciary, separate from the
legislative branch, separate from the executive branch.
The Founders knew that when they wrote the Constitution. One of their
biggest concerns was that somehow the judiciary and the executive
branch might reach some sort of unholy alliance that would all of a
sudden call the rule of law into question.
I think that is why people are worried. They are worried because they
remember this President slandered a judge because of his ethnicity and
said that he wouldn't be able to decide a case fairly because of where
his parents came from. They remember his attacks on the free press, as
well, when he doesn't like their reporting, and his resorting to
talking about fake news when he doesn't like the reporting.
I have had to talk with so many high school students and middle
school students in Colorado over the last 4 or 5 months about this
whole question of fake news and what the importance of edited content
is to our society and, again, to our commitment to the rule of law--the
importance that middle school students and high school students place
on edited content and on curated content; their ability to distinguish
between something that is science or something that is real, something
that is edited versus somebody shooting their mouth off on the
internet.
The President has a hard time making that distinction, as well. He
has shown little regard for the traditions and norms that our Founders
established when they created this separation of powers.
So I say to my colleagues tonight, the Senate must stand firm and
speak with one voice--Democrats and Republicans. We now have a vacancy
in the FBI Director, and we need to make sure that whoever that is,
whoever replaces James Comey, pledges to continue the ongoing
investigation and reinforce the FBI's independence from undue influence
from the White House. That needs to be nonnegotiable. In my view, that
is the least that must happen.
In order for the American people to learn the full truth, the Deputy
Attorney General must immediately appoint an independent special
prosecutor to investigate Russian interference in the 2016 election,
which, by the way, everybody I know up here believes happened. But the
President continues to say: Maybe it was the Chinese; maybe it wasn't
the Russians. No intelligence agency in America believes that. No
Senator believes that.
The President, who has access to all of that intelligence, is saying:
It might not have been the Russians; it might be the Chinese.
We need to know. I am not prejudging the result, but we need to know
what these links were, if there were links, between the Trump campaign
and the Russian Government. These are serious questions that need
answers. I worry a lot about what the President has said about our
allies in Europe, what the President has said about NATO, what the
President has said about the European Union--none of which serves the
national security interests of the United States but is an invitation
to the Russians to continue to meddle in elections, not just here but
in Western Europe and in Eastern Europe as well. It is hard for me to
see how that is in anybody's national security interest, except for the
Russians or President Putin.
Our intelligence agencies have been crystal clear to the Members of
Congress that the Russian Government tried to influence the 2016
election in President Trump's favor. The American people deserve to
know what the truth is. What is the extent of these relationships? It
goes to the core of our security. It goes to the heart of our
democracy. That is why preserving this investigation's integrity is so
vital.
I can tell you that the American people are not going to relent. I
understand there will be some time here when people want to collect
their thoughts and gather their thoughts. The American people are not
going to relent. They are going to want an independent investigation
here. For all Americans and, I would say, most of the time, but
certainly at moments like this--this is a moment in the course of our
politics when they say to us: Partisanship needs to give way to
patriotism. This is one of those moments.
I urge every Member of this body, every Member of Congress, to rise
above the pressure of the moment and see this not as just another
skirmish in our endless and often pathetic feuding but as a test of the
resilience of these institutions and of our Republic, a test of whether
we as Congress stand for something more than winning praise from our
base in a cable news cycle or in the next election or whether we take
seriously our oaths to put our institutions, our security, and our
country first.
I yield the floor.
The PRESIDING OFFICER. The majority leader.
____________________