[Congressional Record Volume 163, Number 83 (Monday, May 15, 2017)]
[Senate]
[Pages S2924-S2925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                          Russia Investigation

  Getting back to a less happy subject, Mr. President, the events of 
last week tested some of the fundamental precepts of our democratic 
system, including the rule of law and the independence of our law 
enforcement agencies that were designed to be a check on any abuse of 
power.
  The President of the United States fired the FBI Director, who was 
conducting an active investigation of the President's campaign and its 
ties to Russia. The Attorney General, who had recused himself from that 
investigation, played a role in that dismissal and continues to be 
involved in the selection of the new FBI Director. The White House gave 
pretextual reasons for the firing, which were contradicted by the 
President himself a few days later when he admitted that he had planned 
to fire Director Comey for weeks and that he was thinking about Russia 
when he did it. The President then suggested there were tapes of 
conversations between himself and Director Comey, threatening to 
release them if Mr. Comey spoke to the press.
  These are not the actions of an administration that respects the rule 
of law or treasures fidelity to the truth. These are not the actions of 
an administration that is eager for and even open to an independent 
investigation into a very serious matter--the interference of our 
elections by a foreign adversary.
  The Founding Fathers, in their infinite wisdom--the more I am around, 
the more I am impressed with them, and I was impressed to begin with--
designed three coequal branches of government with appropriate powers 
to check and balance the others. The Founding Fathers explicitly 
worried about foreign powers trying to influence our elections and 
government. They actually wrote into the Constitution protections 
against that very threat. Their concerns, expressed over 240 years ago, 
gain new prominence and meaning today, perhaps more than at any time in 
the past.
  We in Congress--both parties--need to exercise the powers afforded to 
us by the Constitution to check and balance. We need to see that we get 
all the facts. We need to see that the Russia investigation is allowed 
to proceed as independently and as impartially as possible. We need to 
hold this administration accountable for any abuse of their powers.
  So first of all, if there are ``tapes'' as the President has 
suggested, he should turn them over immediately to Congress and the 
investigators. To destroy them would be a violation of law. If there 
are no tapes, he should apologize to James Comey and to the American 
people for misleading them.
  Second, the fact that the President has said that he may have taped 
Mr. Comey makes the need for a special prosecutor all the more 
important. If it is true, if there are tapes, a special prosecutor 
would have the ability to

[[Page S2925]]

obtain these tapes undeterred, and then he would examine them to see 
what wrongdoing, if any, has occurred.
  The reasons for a special prosecutor are compelling. A special 
prosecutor is not subject to day-to-day supervision by the Attorney 
General or anyone else at the Justice Department. He or she would have 
greater latitude in whom they can subpoena, which questions to ask, and 
how to conduct the investigation. He or she would have purview to 
investigate, not only the subject but also anyone who attempts to 
interfere with the investigation. There is built-in congressional 
oversight, and Congress is notified whenever a special prosecutor is 
appointed, removed, or finished with the investigation. He or she can 
only be removed for cause, not to quash an investigation.
  With the events of the past week--and given that we have different 
stories coming out of this administration from different people--the 
need to have someone who is independent and far away from any of the 
actors, to get to the bottom of this, is so important. Firing the FBI 
Director is extremely rare and deeply troubling. We need the truth, the 
whole truth, and nothing but the truth.
  Third, we in the Congress need to hear testimony from Director Comey, 
as well as be briefed by Attorney General Sessions and Deputy Attorney 
General Rosenstein. I understand that Director Comey declined an 
invitation to testify tomorrow, but I have no reason to believe he 
won't be willing to come before the Senate in the future. I hope that 
he will sooner rather than later and that those appearances are in a 
public setting. This week, on Thursday, Deputy Attorney General 
Rosenstein will brief the full Senate on the events of the last week. 
Again, I thank the majority leader for joining me in that request. 
Again, I hope we can make as much of that information public as 
possible. The American people deserve to know the truth just as much, 
if not more, than the Senate does.
  My caucus still believes that Attorney General Sessions must be made 
available to the Senate in a similar capacity, given his reported role 
in firing Director Comey and in helping select his replacement. 
Considering his recusal from the Russia investigation, his close 
involvement in these events warrants the Senate's questioning as well. 
To repeat, we need the truth, the whole truth, and nothing but the 
truth. The Russian meddling is so serious, and it is no place for 
partisan fighting.
  Frankly, we need our Republican colleagues to help to get to the 
bottom of what happened in the 2016 elections and to hold this or any 
administration accountable when they don't tell the truth. If only one 
party is doing the talking, the issue will seem too partisan to the 
American people. A subject as important as this one--the tampering of 
our elections by a foreign power, a matter the Founders fretted about 
at the dawning of the Republic--shouldn't be colored by partisan 
politics.
  It is time to put country before party. We need our Republican 
friends to help us call upon the White House to get an independent 
investigation on Russia. We need them to speak out when the White House 
misleads the public. No less than the integrity of our system of 
government and the rule of law is at stake.