[Congressional Record Volume 163, Number 91 (Thursday, May 25, 2017)]
[Senate]
[Pages S3165-S3167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                         Russian Investigation

  Mr. BLUMENTHAL. Mr. President, I join my colleague from New York in 
expressing the special respect and passion that we all feel in honoring 
this great holiday that remembers the service and sacrifice of great 
Americans, to make sure we sustain and preserve and enhance our 
democracy. Part of that democracy is indeed the rule of law, as well as 
protecting the institutions that make us great as a Nation, including 
our elections system and its integrity.
  Today should also be a time to observe and commemorate the continued 
respect for the law that makes us great. Part of that respect was 
demonstrated recently when the Deputy Attorney General appointed a 
special counsel to investigate possible coordination between the Trump 
administration and the Presidential campaign with the Russians as they 
interfered with those democratic institutions. Make no mistake, there 
is consensus and unanimity in the intelligence community, and more 
broadly among us in this body, that the Russians purposefully and 
relentlessly interfered in the 2016 election through a cyber attack on 
this Nation. In my view, it was an act of cyber warfare.
  The questions now are who and how in the Trump team may have colluded 
with the Russians in that illegal, outrageous activity and, indeed, 
whether there has been obstruction of justice since then. Mounting 
evidence indicates that there has been.
  I have joined many of my colleagues in praising the appointment of a 
special prosecutor because it is vitally necessary for a fair and 
impartial, as well as aggressive, investigation. The special prosecutor 
must follow the evidence wherever it leads, and I have confidence that 
Bob Mueller is the right person for this assignment. He has the grit 
and backbone to stand up to pressure. He has the prosecutorial 
experience and expertise to conduct a truly professional investigation.
  I called for a special prosecutor back in February. I was one of the 
first, if not the first, among our colleagues to do so because the 
conflicts of interest raised by the recusal of the Attorney General and 
the potential involvement of the Deputy led me to think that such an 
appointment was absolutely necessary.
  I now call on the President to support this investigation. With the 
utmost respect for the Office of the President, it should be 
unnecessary to call for that cooperation and support. My hope was that 
the President would say as soon as the appointment occurred that he 
would indeed cooperate. But, instead, he has continued to characterize 
this investigation as a witch hunt and a charade. He has demeaned and 
disrespected it and indicated that, if anything, there will be less 
than full cooperation. That would be a grave disservice to our 
democracy and to the American people.
  The integrity of our electoral system is bigger and more important 
than any single electoral contest or even any occupant of the White 
House. It is about the freedom and independence of this Nation, 
something we cherish and celebrate on this Memorial Day weekend.
  I urge President Trump to demonstrate his adherence to the rule of

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law by cooperating and articulating fully his cooperation with this 
investigation. I hope that not only President Trump but all of his 
associates will do so and that they will provide whatever testimony and 
documents are necessary to complete this investigation as quickly and 
effectively as possible.
  I also believe that the Attorney General of the United States owes 
the American people his adherence to the rule of law by committing 
himself to follow the guidelines that respect the press. Indeed, we 
would know very little, if anything, about many of the events that 
prompted the appointment of a special prosecutor without the free press 
reporting development after event after development that have led to 
this day.
  There are guidelines and regulations that protect the President 
against any kind of compulsory process or punishment. If there is 
punishment to be accorded to lawbreakers, the press should be 
recognized for the special role they have in our democracy and the 
special protections, the constitutional guarantee they enjoy under the 
First Amendment. There are guidelines under 28 CFR 50.10 that provide 
legal guidance and regulations that should be observed, and I hope that 
the Attorney General will demonstrate in deed and word his adherence to 
those guidelines rather than threatening to lock up reporters--as the 
President has unfortunately done currently in conversations with 
Director Comey--or punishing them.
  Whatever the violations of government officials may be, there should 
be an articulate, clear, and explicit adherence to those regulations by 
the Attorney General.
  Let's take a moment to go through where we are right now.
  Last July, after a disturbing series of reports suggesting the 
attempt by a foreign power to influence an American election, the 
Federal Government began to investigate the Russian Government's 
interference in the Presidential election.
  We learned just yesterday from a published report that this activity 
included conversations among Russian officials regarding how best to 
sway individual Trump officials and that the FBI's early handling of 
this matter may have been influenced by an unreliable document 
traceable to Russian intelligence--a form of interference in our 
justice system that is stunning.
  In December of 2016, U.S. intelligence officials concluded that the 
Russians had orchestrated the theft of electronic materials from the 
Democratic National Committee and John Podesta in an attempt to 
undermine Hillary Clinton's Presidential campaign. The Obama 
administration responded by implementing sanctions on the Russian 
Government.
  Shortly after President Trump took office, Attorney General Sally 
Yates warned the White House that National Security Adviser Michael 
Flynn had lied to officials about discussing sanctions with the 
Russians and was vulnerable to Russian blackmail. The White House 
waited 2\1/2\ weeks to take action and did so only after a March 9 
Washington Post report and, in fact, days after Sally Yates' warning, 
fired her.
  We also know that Director Comey was warned or asked--in fact, 
demanded by President Trump that he pledge his loyalty and that he 
would be in jeopardy of losing his job if he did not. Shortly 
thereafter, the President clearly expressed to Director Comey his sense 
of that warning when he asked Director Comey to shut down, in effect, 
the Flynn investigation. As we all know, Director Comey resisted both 
of the President's requests.
  In early March, following sharp criticism about his failure to 
disclose meetings with Russian officials under oath, Attorney General 
Jeff Sessions recused himself from the Department of Justice 
investigations.
  Later that month, President Trump's son-in-law, Jared Kushner, became 
the third high-ranking Trump administration official caught 
misrepresenting potentially his ties to an admitted meeting with 
Russian officials from his security clearance application.
  On May 9, President Trump fired FBI Director James Comey, a stunning 
event amidst these unprecedented revelations. After clumsy and 
contradicting explanations seeking to advance a false narrative that 
the firing was a result of Director Comey's handling of the Hillary 
Clinton email matter, the White House essentially abandoned that 
conflicting series of stories, and President Trump admitted publicly 
that he was thinking about the FBI's Russia investigation when he 
decided to fire Comey. He boasted the next day in his meeting with the 
Russian Foreign Minister that he felt greatly relieved of pressure 
resulting from that investigation.
  The New York Times has reported that Comey was seeking increased 
funding and resources to expand the Russia probe. The Times also 
subsequently revealed that Director Comey had discussed with others and 
wrote memos detailing how President Trump asked him to pledge his 
loyalty and shut down the Federal investigation into Mr. Flynn.
  We must wait for all the facts to emerge, but even if only some of 
these reports are accurate, the conclusion is almost inescapable that 
the President of the United States fired the FBI Director in an attempt 
to shut down the investigation into ties between his associates, 
including Michael Flynn, and the Russian Government. The names of these 
associates have been well documented--Paul Manafort, Roger Stone, 
Carter Page, as well as Michael Flynn.
  There is, unfortunately, more. Just in the past few days, additional 
disturbing facts and press reports have surfaced, including testimony 
by former CIA Director John Brennan before the House Intelligence 
Committee. He said that before he left office, he became deeply 
concerned that Russian intelligence services were attempting to 
manipulate Trump associates to influence the Presidential campaign. He 
noted that many Russian contacts of individuals linked to the Trump 
campaign emerged in those reports. The Washington Post reported that 
Comey had informed Congress about the FBI Russia investigation late in 
March and that Trump had asked Director of National Intelligence Daniel 
Coats and National Security Director Michael Rogers to push back on 
that investigation--in effect, to clear the President--and deny Trump 
campaign collusion with the Russians. According to this report, both 
officials, to their credit, refused to do so.
  In the Armed Services Committee, I asked Director Coats whether he 
discussed with Director Rogers any attempts by the administration to 
interfere with the investigation. He refused to answer--a pause and 
silence that spoke volumes.
  Revelation after revelation shakes our confidence in this 
administration's truthfulness and confidence. This investigation by the 
special prosecutor is vitally necessary.
  We must not lose sight of the damage that has already been done. 
These reports paint a deeply disturbing picture of possible 
obstruction, a mosaic pieced together by facts that show not only 
events and conversations but also motives. After a series of these 
events and conversations, they can no longer be seen as isolated or 
accidental or inadvertent. The cumulative effect, like threads in a 
fabric, is to establish a picture of motive, intent, mens rea, and 
criminal activity.
  Special Counsel Mueller must have the mandate and all of the funding 
and resources that he needs to follow the facts wherever they may 
lead--resources, independence--but also support.
  That is why, again, I call on the administration to express its 
support and its intention to cooperate.
  This kind of investigation can mean the difference between the 
upholding of our democratic institutions and placing them in jeopardy. 
Therefore, I urge that we as a body remain vigilant and continue the 
Judiciary Committee's oversight, inquiry, and investigative activity so 
as to assure that we know the reasons then-FBI Director Comey was 
fired--we have that responsibility as a matter of oversight--and 
continue that kind of scrutiny in order to assure the independence and 
resources the special prosecutor needs. Likewise, the Intelligence 
Committee's activities are absolutely necessary.
  Almost certainly, the special prosecutor will produce no report or 
elaborate public explanation. He will bring criminal charges if they 
are warranted by the evidence. He will seek convictions in court if 
those prosecutions are

[[Page S3167]]

justified under his finding. A report with recommendations and finding 
as to how we can avoid this kind of interference with our democratic 
institutions in the future must be the work of the Intelligence 
Committee and of an independent commission, which I have supported. An 
independent, bipartisan commission can do the kind of public, 
transparent, vigorous, and independent work that is necessary, just in 
the way that we have done in the wake of other crises.
  I urge that we proceed on all of these fronts. They are vital to our 
democracy. They are an essential, inextricable part of freedom, the 
rule of law, and freedom of the press.
  I hope that the press will continue its unfettered use of its First 
Amendment freedom to give us the truth and to continue those reports 
that have brought us to this day, because the truth will be uncovered 
in the course of the criminal process. It will be uncovered by the 
Intelligence Committee and, hopefully, by an independent commission. 
The essential role of the free press in fostering government 
accountability is recognized by existing regulations, and the Attorney 
General of the United States should leave no confusion that the 
Department of Justice will adhere to those regulations.
  Indeed, 28 CFR 50.10 recognizes the ``essential role of the free 
press in fostering government accountability'' and, therefore, sets 
parameters and procedures, for approval by the Attorney General of the 
United States, under standards that are set forth for any government 
action that may, in any way, inhibit or impede the press.
  We will probably never know the real impact of Russia's intervention 
in the outcome of the 2016 election. These investigations are not about 
assessing the impact. They are about determining who participated 
criminally with the Russians in that interference. The American people 
deserve a thorough and impartial investigation into the Trump team's 
ties to that interference and the effort by President Trump and others 
to cover it up.
  In the wake of Watergate, the saying arose that the coverup was worse 
than the crime. It was then, and it would be worse--or at least as 
heinous--in the crime here. Make no mistake that the crime is, 
actually, a theft of our democracy--an interference by the Russians in 
our democratic institutions--which they will repeat if we do not make 
them pay a price and, likewise, if we do not make the Americans who 
cooperated with them pay a price as well. This principle is central to 
our democracy and our rule of law.
  In closing, I urge my colleagues to join me in calling for the 
cooperation of the Trump administration as well as for recognizing the 
importance of the investigation--its independence, its resources--for 
the free press and the rule of law.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Minnesota.