[Congressional Record Volume 163, Number 86 (Thursday, May 18, 2017)]
[Senate]
[Pages S3038-S3039]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Russia Investigation
Mr. CASEY. Mr. President, I rise this afternoon to talk about the
Russia questions that are on the minds of so many Americans. We had--I
think, in the midst of all of the debate and controversy and genuine
concern across the country--some good news yesterday when it was
announced that Deputy Attorney General Rosenstein had made the decision
to appoint a special counsel and, in this case, former FBI Director
Mueller. That was good news because, No. 1, there was a special counsel
who would undertake a review of these questions and in an independent
fashion. I think people across not just Washington but even across the
country were heartened by the fact that it was someone of the caliber,
the experience, and the dedicated law enforcement commitment that
Director Mueller demonstrated in his years with the FBI as Director, as
a prosecutor. That was good news.
We are grateful for that. I know we will have a chance in a little
while to talk to the Deputy Attorney General about these issues. I
think we have to examine a couple more questions that arise.
So to review, on January 26, Acting Attorney General Sally Yates
informed the Trump administration that General Flynn had apparently
lied about having conversations with the Russian Ambassador, warning
that it could open him up to blackmail. On May 8, Yates testified
before the Senate Judiciary Committee and stated, contrary to claims by
White House officials, that Flynn had discussed Russian sanctions in
his those conversations with the Russian Ambassador.
On January 27, President Trump hosted Director Comey at the White
House, where the New York Times reported he asked Director Comey to
pledge his loyalty. Director Comey reportedly promised only honesty.
On January 30, President Trump fired Acting Attorney General Yates,
claiming her dismissal was over a matter unrelated to Russia.
On February 13, fully 18 days after the White House was originally
informed by Yates of General Flynn's misconduct, General Flynn was
relieved of his job after it became public that he lied about his
conversations with the Russian Ambassador.
The day after General Flynn was pushed out, the President reportedly
summoned Director Comey to a private meeting in which he took the
extraordinary step of asking him to drop the FBI investigation into
Flynn.
In March and again in May, Director Comey publicly confirmed that
Trump associates were under investigation for possible coordination
with Russia to interfere in the election. On May 9, President Trump
fired Director Comey. His administration initially said it was based on
a recommendation from Attorney General Sessions, who was supposed to be
recused from anything to do with the Russia investigation, and Deputy
Attorney General Rod Rosenstein, who reportedly had been asked by
Director Comey just days earlier for additional funding for the Russia
investigation. But then the President himself revealed he fired
Director Comey explicitly because of the Russia investigation.
The day after, the President tweeted a veiled threat that Director
Comey ``better hope that there are no `tapes' '' of their conversation,
raising the question of whether the President was surreptitiously
recording his Oval Office meetings and whether tapes exist.
While it may be unrelated, it also bears mentioning that, this week,
it was also reported that President Trump revealed highly classified
information to Russian officials in a private Oval Office meeting--
information that could jeopardize critical intelligence assets and risk
undermining relationships with allies.
I think there are some serious questions, even with the special
counsel who has been named, even with two Intelligence Committees
reviewing these matters. I would hope that, in addition to those
reviews that are being undertaken--those investigations--that we also
have an independent commission to get all of the answers we need so
that we can ensure the American people that this will never happen
again--that no foreign government, in this case, a foreign adversary,
can interfere in an election at any time in our future.
That guarantee will not be ironclad unless we know exactly what
happened and why it happened, and then we take a series of steps to
prevent it from happening. We should be very clear with the Russian
Federation that if they do this again, they will be sanctioned, and
there will be a consequence in response to their actions. We won't be
able to do any of that unless we find the answers.
Here are a couple of basic questions I hope would be a part of the
deliberations, not just of the two committees or other committees that
might review this but also the deliberations and work of the special
counsel and his team.
The first question is, Why does the President believe that the
Russian election interference investigation is baseless, which is
contrary to the unanimous finding of 17 U.S. intelligence agencies?
These agencies issued a ``high confidence'' assessment of the
determination they made. That is a technical term in the intelligence
circles that they don't use lightly.
Based upon the findings of those intelligence agencies and that
finding being of high confidence, why does the President continue to
question or even undermine that determination?
Question No. 2 is, Why did Attorney General Sessions, who had to
recuse himself from the Russian investigation, weigh in on the firing
of the FBI Director responsible for that very investigation? That is a
question, I think, a number of people are asking.
Question No. 3 is, Can the Justice Department's political leaders--
individuals who have just come in with this administration and
officials in the Justice Department--be trusted not to interfere in the
ongoing FBI investigation? That is a question.
Question No. 4 is, Why, immediately after firing Director Comey and
amid the uproar about interference in the Russian investigation that it
created, did the President convene a private meeting with the Russian
Foreign Minister and the Russian Ambassador in the Oval Office and
allow the Russian state media--the Soviet-era state media entity--to
cover that meeting while keeping out the U.S. media? I think that is a
question that a lot of people have.
Question No. 5 is, Why did the President reveal highly classified
information to the Russian Federation, according to the reporting by
the Washington Post and others, during this meeting with the Russian
Foreign Minister and the Russian Ambassador, and what are the
implications of that disclosure? That is something that we need to have
answers to.
At least these five questions--you could add many more--are
critically important questions. In some respects, there are even more
urgent questions in front of us, and I will focus a little bit on those
today--basically, three, I guess.
No. 1, did the President intentionally interfere with the ongoing FBI
investigation into his associates, people that were on his campaign or
on the campaign or working in the government now? The interference
question
[[Page S3039]]
seems more likely than not based upon the reporting, but we have to
know for sure, one way or the other: Did the President intentionally
interfere with an ongoing FBI investigation?
No. 2, are any such efforts to interfere ongoing?
If the answer to the first question is yes--and we don't know for
certain if it is question yes, but if it is yes--if there was
intentional interference with the investigation by the President, the
second question would be, Are there any such efforts to interfere that
are ongoing?
No. 3, do they extend--meaning this potential alleged interference--
past the FBI inquiry, to the investigations in the Senate and the House
of Representatives? I think that is a question that is rather urgent as
well.
Will this attempt to interfere, or alleged attempt to interfere,
carry over into other investigations?
In essence now, we have three inquiries. One is the House
Intelligence Committee, the other is the Senate Intelligence Committee,
and the third would be Special Counsel Mueller's investigation. They
are all critically important.
I would hope that we could add a fourth to that, which would be an
independent commission, like the 9/11 Commission, where we came to
definitive conclusions with regard to what happened on 9/11. Then,
added to those conclusions, there were a series of recommendations so
that we could prevent another 9/11. The same could be said here--that
we want to make sure we get answers to these questions, have
conclusions made, have accountability with regard to those conclusions,
but then have a series of recommendations about how to prevent Russian
interference or the interference of any foreign adversary in our
election ever again.
Director Comey himself warned about the danger of undue influence on
FBI investigations in an exchange during a May 3 Senate Judiciary
Committee hearing. In this case, it was Senator Hirono, a Democratic
Senator from Hawaii, who asked if the Attorney General or senior
Justice Department officials had ever ordered the FBI to halt an
investigation.
Interestingly, here is what Director Comey replied to that question:
``Not in my experience,'' meaning not in his experience does he know of
an instance where the Justice Department officials interfered with an
FBI investigation.
I will read it again.
Not in my experience. Because it would be a big deal to
tell the FBI to stop doing something.
Then, he continues on, and it picks up with this:
[W]ithout an appropriate purpose. . . . a situation where
we were told to stop something for a political reason, that
would be a very big deal. It's not happened in my experience.
That is the now former FBI Director saying that there is no
precedence for the idea that the Justice Department would ask the FBI
to take an action, which would be interference.
Director Comey was talking about the Department of Justice in this
case--actions by the Department of Justice to interfere with an FBI
investigation. In retrospect, perhaps a better question would have been
whether the political interference he thought would be a ``very big
deal'' might have been coming directly from the Oval Office. It is
essential that we get to the bottom of this--a number of these
questions.
An issue of this importance requires that the full investigative
power of the Federal Government be brought to bear. The House and
Senate Intel Committees are doing their investigation, as I said. The
FBI investigation continues as well, despite concerns about
independence in the wake of Director Comey's firing.
I hope, and I expect, that the next FBI Director will be someone who
will be as independent, as capable, and as committed as Director
Mueller is as the new special counsel.
We know there are dedicated professionals running these
investigations. It has long been my belief that these extraordinary
circumstances demand even more. I have been repeating for some time
that we need a greater level of independence to insulate this
critically important investigation from any suspicion of partisan
interference. That is why I have been calling--for many weeks now,
since early March--for a special counsel. I am glad the Justice
Department now agrees with me.
Suffice it to say that we have a lot more work to do. Ultimately,
this will be the work of everyone here, even if you are not a member of
the Intel Committee or any other committee that is doing work that is
directly relevant to this because, ultimately, the Congress has to take
actions to get to the bottom of these questions but also be part of the
process, at least, of imposing accountability and, also, especially the
Congress is going to have to play a major role--the leading role--in
making sure we put in place policies and procedures and laws that
prevent this from ever happening again.
I hope the administration will join us in taking every step necessary
to get to the bottom of these questions and to insist and to ensure
that this never happens again to any American election. That is not
just a goal, that has to be a guarantee as a result of this process. If
the administration is not committed to that, I am not sure what they
are committed to.
To take lightly or to ignore a problem that is this great and this
serious, to undermine our democracy is, I think, to put at risk the
very foundation of our Nation as a nation of laws and not of men, a
nation that is committed to the rule of law.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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