[Congressional Record Volume 163, Number 203 (Wednesday, December 13, 2017)]
[House]
[Pages H9896-H9899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          LETTER SUPPORTING SPECIAL COUNSEL ROBERT S. MUELLER

  The SPEAKER pro tempore (Mrs. Handel). Under the Speaker's announced 
policy of January 3, 2017, the Chair recognizes the gentlewoman from 
California (Ms. Maxine Waters) for 30 minutes.


                             General Leave

  Ms. MAXINE WATERS of California. Madam Speaker, I ask unanimous 
consent that all Members have 5 legislative days to revise and extend 
their remarks and to include extraneous material on the subject of my 
Special Order.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. MAXINE WATERS of California. Madam Speaker, for the past several 
days, there has been an organized attempt to discredit and undermine 
the work of Special Counsel Robert Mueller. I rise today to speak on 
behalf of many Members of Congress who believe Special Counsel Mueller 
is doing a great job.
  At this time, I am circulating a letter, and other Members of 
Congress are joining me. This is a letter of support for Special 
Counsel Mueller urging that he not be interfered with and that he is 
allowed to continue this very important investigation in the interest 
of the security of our country.
  I will be circulating this letter for another 24 hours. However, at 
this time, I would like to read the contents of the letter into the 
Record. This, again, is a letter in support of Special Counsel Mueller. 
The letter is addressed to the Honorable Rod J. Rosenstein, Deputy 
Attorney General, U.S. Department of Justice.
  The letter reads as follows:

       Dear Deputy Attorney General,
       We write to express our support for the work of Special 
     Counsel Robert S. Mueller, III, and to urge you to ensure 
     that he be allowed to continue his investigation--unfettered 
     by political influence or threats to his authority--to its 
     natural and appropriate conclusion based on the law, the 
     facts, and the evidence.
       The Special Counsel is Conducting a Methodical 
     Investigation, Yielding Results.
       It is unimaginable that Republicans would seek to 
     intervene, discredit, obstruct, or terminate the special 
     counsel's investigation. Thus far, from every public 
     indication, it appears that Mr. Mueller is conducting a 
     thorough and methodical investigation. He and his 
     investigators have not sought, and instead avoided, the 
     public spotlight. His team has not leaked or hinted at 
     criminal allegations for which they have yet to develop 
     charges. Furthermore, the charges that have been filed to 
     date have been sufficiently strong and well founded as to 
     elicit guilty pleas from President Donald Trump's former 
     National Security Advisor, Lieutenant General Michael Flynn, 
     and a former policy adviser to Donald Trump's Presidential 
     campaign, George Papadopoulos.
       The Appointment of a Special Counsel Was Necessary and 
     Proper.
       As you know, pursuant to U.S. Department of Justice Order 
     Number 3915-2017, which you issued on May 17, 2017, Mr. 
     Mueller was appointed to serve as special counsel and 
     authorized to conduct an investigation into matters, 
     ``including any links and/or coordination between the Russian 
     Government and individuals associated with the campaign of 
     President Donald Trump; and any matters that arose or may 
     arise directly from the investigation; and any other matters 
     within the scope of 28 CFR 600.4(a),'' which includes 
     ``authority to investigate and prosecute Federal crimes 
     committed in the course of, and

[[Page H9897]]

     with intent to interfere with, the special counsel's 
     investigation, such as perjury, obstruction of justice, 
     destruction of evidence, and intimidation of witnesses.''

                              {time}  1945

       Your decision to appoint a special counsel to conduct such 
     an investigation was necessary and proper, given the U.S. 
     intelligence community's assessment that ``Russian President 
     Vladimir Putin ordered an influence campaign in 2016 aimed at 
     the U.S. Presidential election, the consistent goals of which 
     were to undermine public faith in the U.S. democratic 
     process'' and that ``Putin and the Russian Government 
     developed a clear preference for President Trump''; the 
     obvious potential that individuals, who had served on 
     President Donald J. Trump's campaign, as well as individuals 
     currently serving as political appointees in the Trump 
     administration, could be targets of, or witnesses in, any 
     such investigation; and Attorney General Jeff Sessions 
     recused himself from ``any matters related in any way to the 
     campaigns for President of the United States.''
       The Selection of Robert S. Mueller III to Serve As Special 
     Counsel Was Very Much Appropriate.
       Under the circumstances described above, your selection of 
     Robert Mueller to serve as the special counsel to conduct the 
     investigation was an appropriate and commendable decision. 
     Mr. Mueller has earned a reputation as a nonpartisan, 
     professional investigator, making him an ideal choice to lead 
     the investigation into the highly important, complex, and 
     sensitive matters to which he has been charged. Mr. Mueller's 
     record demonstrates that he would not allow bias, influence, 
     or other extraneous considerations to impact his 
     investigation, and any suggestion otherwise is just not 
     credible.
       Mr. Mueller is a former Director of the Federal Bureau of 
     Investigation, FBI, who was originally appointed by a 
     Republican President. He was vetted and, twice, unanimously 
     confirmed by the Senate. Specifically, when appointed in 2001 
     by President George W. Bush, Mueller was confirmed as FBI 
     Director by a vote of 98-0 in the Senate, and when Mueller 
     was nominated for a second term, in 2011, during President 
     Barack Obama's administration, he was again unanimously 
     confirmed in the Senate by a vote of 100-0.
       Mr. Mueller has earned bipartisan support. Republican 
     Members of the Senate attested to Mr. Mueller's integrity and 
     professionalism during Mr. Mueller's confirmation hearings, 
     which took place on July 30 and 31, 2001. For example, with 
     regard to Mr. Mueller's nomination to serve as FBI Director, 
     then Senator, now Attorney General, Jeff Sessions stated:
       ``It is great to see Mr. Mueller, nominated to take one of 
     the most important positions in our country. It is a position 
     that requires, in my view, serious experience, great 
     integrity, and a proven record of accomplishment. And you 
     have all of those things, Robert Mueller. When I was in the 
     Department of Justice, Robert Mueller's reputation was known 
     throughout the Department of Justice, and he was known not 
     for any political reason, but because he was recognized as a 
     professional's professional, a man whose skill at doing the 
     job assigned to him was second to none. There is no doubt in 
     my mind that there is no more professional prosecutor, no 
     more professional person in America with experience in the 
     Department of Justice, ready to handle the job of FBI 
     Director than Robert Mueller.''
       Likewise, Senator Mitch McConnell stated: ``I believe Mr. 
     Mueller will provide strong and effective leadership. Mr. 
     Mueller has both impressive management and law enforcement 
     experience. He is well-schooled in avoiding the problems and 
     pitfalls inherent in criminal investigations and 
     prosecutions. Mr. Mueller is not `of' the FBI, and therefore 
     I believe institutional loyalty will not blind him to making 
     the hard'' decision he needs to make.
       Senator McConnell also expressed his belief that Mr. 
     Mueller's commitment ``to vigorously enforcing the law 
     without regard to politics or partisanship.''
       Speaker of the House Paul Ryan has also commented on Mr. 
     Mueller's lack of partisan bias. As reported in a July 24, 
     2017, Washington Examiner article, Speaker Ryan said: ``I 
     don't think many people are saying Robert Mueller is a biased 
     partisan. He's really, sort of, anything but.''
       On October 11, 2017, Kenneth Starr, who was appointed in 
     1994 as the independent counsel who was tasked with 
     investigations involving President Bill Clinton and then 
     First Lady Hillary Clinton, commented on Robert Mueller and 
     the manner in which his investigation is proceeding. Mr. 
     Starr stated that Mr. Mueller is conducting his investigation 
     ``aggressively and professionally.'' Mr. Starr also stated: 
     ``We're not seeing `leaks' out of the investigation as far as 
     we know, and what we know of Bob Mueller and his background 
     is that he is someone of total, rock-ribbed integrity.''
       Regulations Limiting the Removal of a Special Counsel Must 
     Be Followed.
       Mr. Mueller must be allowed to complete his investigation 
     and should not be threatened with removal. However, a few 
     Republicans have indicated their support for Mr. Mueller, for 
     his ouster. Notwithstanding the overwhelming reasons for Mr. 
     Mueller to be allowed to continue and complete his 
     investigation, the rule of law demands that the Trump 
     administration follow executive branch regulations, which 
     restrict the circumstances under which a special counsel can 
     be removed. Specifically, 28 CFR 600.7(d) regarding the 
     removal or discipline of a special counsel provides: ``The 
     special counsel may be disciplined or removed from office 
     only by the personal action of the Attorney General. The 
     Attorney General may remove a special counsel for misconduct, 
     dereliction of duty, incapacity, conflict of interest, or for 
     other good cause, including violation of departmental 
     policies. The Attorney General shall inform the special 
     counsel in writing of the specific reason for his or her 
     removal.''
       Since Attorney General Sessions is recused, you, in your 
     capacity as acting Attorney General--that is, Mr. 
     Rosenstein--regarding Special Counsel Mueller's 
     investigation, are the only individual empowered to remove 
     Mr. Mueller under regulation. Furthermore, the regulation 
     clearly states that Mr. Mueller may only be removed for good 
     cause, which has not been demonstrated. The administration is 
     required to follow its own regulations and not remove Mr. 
     Mueller from his investigation.
       Politically Motivated Challenges of Special Counsel Mueller 
     and His Investigation Must Not Be Allowed to Threaten the 
     Investigation.
       Despite Special Counsel Mueller's investigation of 
     integrity, as attested to by these Republican leaders, and 
     despite the clear progress that Mr. Mueller is making in his 
     investigation, the rightwing media, some Republican Members 
     of Congress, and Donald Trump, himself, have attempted to 
     advance a false narrative that Special Counsel Mueller's 
     investigation is biased--this is what they say--and some have 
     advocated for Mr. Mueller's removal. On June 15, 2017, 
     referring in general terms to the Russia investigation, 
     President Trump stated on social media: ``You are witnessing 
     the single greatest witch hunt in American political 
     history--led by some very bad and conflicted people.''
       In Congress, four Republican Members, led by Representative 
     Matt Gaetz and including former Representative Trent Franks, 
     who has now resigned amidst an Ethics Committee investigation 
     into his own conduct, have cosponsored a resolution calling 
     for Mueller to step down. Those Members have attempted to 
     advance baseless claims of the existence of a conflict due to 
     Mr. Mueller's previous service as FBI Director. Those 
     arguments do not have merit, and appear intended, at best, to 
     redirect the public's focus toward matters that are wholly 
     unrelated to the investigation to which Mr. Mueller has been 
     tasked. At worst, those arguments are intended to stop or 
     preemptively tarnish the perception of the special counsel's 
     work. The issues referenced in that Republican resolution 
     pertain to allegations against former President Bill Clinton 
     and former Presidential candidate Hillary Clinton related to 
     a 2009-2010 matter, which has nothing to do with Mr. 
     Mueller's directive to investigate ``links and/or 
     coordination between the Russian Government and individuals 
     associated with the campaign of President Donald Trump.''
       As quoted in a December 12, 2017, Politico article, 
     Representative Matt Gaetz stated that he told President Trump 
     that he was ``concerned'' that Mr. Mueller's investigation 
     ``was infected with bias.'' Representative Gaetz said the 
     President responded: ``That's why you guys have got to do 
     your job.'' Representative Gaetz further stated that he 
     informed the President that you would be testifying--that is, 
     Mr. Rosenstein--before the House Judiciary Committee on 
     December 13, 2017, in response to which Representative Gaetz 
     said President Trump ``encouraged us to exercise our 
     oversight responsibilities.'' This conversation, as described 
     by Representative Gaetz, suggests that President Trump is 
     encouraging the ring leaders of the recent criticisms against 
     Mr. Mueller in order to pressure you to affect the 
     investigation through the congressional oversight process. 
     That is unacceptable.
       Some have alleged that Mr. Mueller's removal of a member of 
     this team, Peter Strzok, over text messages sent by Mr. 
     Strzok that were critical of President Trump suggests bias or 
     a lack of objectivity on the special counsel's team. However, 
     upon learning of the text messages, Mr. Mueller immediately 
     removed Mr. Strzok from the investigation. In reality, this 
     incident and Mr. Mueller's swift response demonstrates Mr. 
     Mueller's integrity as well as his desire and commitment to 
     conduct an investigation that is beyond reproach.
       You must not allow the targets of the investigation, or 
     issues being investigated, to escape thorough independent 
     inquiry through the removal, or hindrance, of the special 
     counsel. We thank you, Mr. Rosenstein, for your careful 
     attention to this matter, and we stand ready to support you 
     in upholding the rule of law.

  This, ladies and gentlemen, is the letter that I am circulating to 
Mr. Rosenstein. This is the letter that is being signed on by other 
Members of Congress. This is the letter that I will circulate for the 
next 24 hours so that we will give Members the opportunity to sign on 
to this letter.

                              {time}  2000

  This letter should be on your desk very soon.

[[Page H9898]]

  Madam Speaker, I yield to the gentlewoman from Ohio, Representative 
Marcy Kaptur, who signed up to speak here this evening.
  Ms. KAPTUR. Madam Speaker, I would like to thank the gentlewoman and 
ranking member of the Financial Services Committee for this very 
important Special Order and for her incredible work in assuring justice 
in our country on so many, many fronts.
  Madam Speaker, I rise tonight because of deep concern regarding our 
Republican colleagues on the Judiciary Committee who are attempting to 
kick the legs out from under Special Counsel Robert Mueller's 
investigation into Russia's meddling in our elections last year.
  Yes, they called Deputy Attorney General Rod Rosenstein to testify on 
whether bias has tainted that investigation.
  You know what is interesting about this?
  All of the intelligence agencies of our country agree that there was 
more than meddling in last year's elections.
  I actually pray for Robert Mueller every night because what the 
involvement of Russia in our elections has meant, you know, that's not 
a country that really welcomes debate and open conversation. They kill 
their enemies.
  Robert Mueller is going to get at the very core of what Russia is 
doing not just in our country, but what it will instruct us Russia is 
doing in Europe and many other places around the world.
  I listened to some of our colleagues on the Judiciary Committee 
today, and I just want to put this on the record: Robert Mueller has 
given his life to this country through his entire years of service.
  I have never personally sat to dinner with this man or I don't think 
I have even shaken his hand, but I admire him for his true patriotism.
  I watched some of the individuals on the Judiciary Committee today 
and wondered if they knew that he had been in the Marine Corps during 
Vietnam. He actually rose to the level of captain. He was awarded the 
Bronze Star Medal with the Combat V for victory. He is the recipient of 
the Purple Heart. He was a Navy and Marine Corps captain and got the 
Commendation Medal for his valor in combat.
  How many of those individuals questioning his integrity can even 
compare to that with their little fingernail?
  Combat Action Ribbon, Republic of Vietnam Gallantry Cross. That was 
his early career.
  As an attorney, he went into service to our country as an assistant 
U.S. district attorney on one coast, and then on the other coast as 
U.S. district attorney.
  He is very evenhanded, and he worked his way up then in the Justice 
Department, rising to the level of Deputy Attorney General. He had been 
an Assistant Attorney General. His entire life has been spent in 
dangerous jobs.
  To take on Russia, you put your own life in someone else's hands, 
actually. I can read a list--but I won't tonight--of all of the leaders 
and rising leaders of countries that wish to be free that Russia has 
summarily killed, for which there is no justice.
  Madam Speaker, I rise somewhat out of outrage tonight listening to 
some of our colleagues here who demanded that we disband Special 
Counsel Mueller's investigation. Counsel Mueller is a Republican. I 
should not like him for that reason, right, because I am a Democrat? 
But I know there is something bigger to him, and that is defending the 
American people against all enemies, foreign and domestic. He has put 
his life on the line since he was a teenager for this country.
  Our country was founded on the principle of equality under the law. 
Our democracy, in the safeguarding of those principles, depends on 
genuine free elections. Not only must we pass laws here that assure 
that, but they have to be enforced.
  We have to unequivocally confirm the truth behind the extent of 
Russian meddling in our election. That is what we need. We know they 
did. Now we want to know every piece of it.
  How did they hack those voting machines? How did they use special ads 
that appeared around the country targeted to special audiences?
  We have to restore the faith of the American people in their very 
vote in order to maintain this democratic republic.
  Throughout his career, Special Counsel Mueller has proven himself 
time and time and time and time again to be a man of integrity.
  I might say, this comes from a woman who tried to become an FBI agent 
when she was in college and was rejected not because she didn't have 
the academic abilities, but because in those days they didn't admit 
women to the FBI. Times have changed a lot, but I know that Robert 
Mueller is the best that America has.
  Due process is one of the most carefully guarded of our 
constitutional protections, and we must see this investigation through 
to its ultimate end.
  There can be no chicken hawks in this House or those who point 
fingers whose careers do not demonstrate the kind of patriotism Robert 
Mueller has demonstrated throughout his career.
  Madam Speaker, I was actually shocked at how the questioning went 
this afternoon without the kind of respect and understanding of what it 
takes to preserve a republic that is free and independent of outside 
meddling.
  I want to thank the gentlewoman for allowing me to speak. I am 
embarrassed at some of the questions that the Republican majority has 
been hammering over in the Judiciary Committee and some of the other 
committees as the investigation intensifies and becomes more complete. 
The American people have a right to know.
  I guess the question every American has to ask: In whose hands would 
you place your life? A man who has served this country, who is now, I 
believe, 73 years old--over 70 years old?
  He has proved everything, but he has proven also that he has been a 
total patriot.
  I would ask the same of those who so frivolously waste their words in 
efforts to try to suppress an investigation that we know is essential 
to the preservation of our vote and our freedoms.
  Ms. MAXINE WATERS of California. Madam Speaker, I yield to 
Representative Jackson Lee.
  Ms. JACKSON LEE. Madam Speaker, I thank the gentlewoman for yielding 
to me and for her leadership on this very important issue.
  She is standing in the gap because all that we have heard from 
Republicans and their media advocates is that their intention, of 
course, is to create a 21st century Saturday night massacre.
  In my questioning of the Deputy Attorney General, that is the exact 
terminology that I utilized, which is: Was the Deputy Attorney General 
and the Department of Justice prepared to defend Special Counsel 
Mueller against a potential Saturday night massacre?
  Of course, that is the Watergate massacre perpetrated by President 
Nixon in firing the Attorney General, and then requiring and firing the 
special prosecutor and--getting someone to fire--literally creating a 
institutional crisis.
  Madam Speaker, it is clear, as evidenced by the words of Sean Hannity 
on December 5, FOX News, who led off his broadcast with the outrageous 
charge that Mueller is frankly a disgrace by the American justice 
system and has put the country now on the brink of becoming a banana 
republic.
  Not surprisingly, disgraced former House Speaker Newt Gingrich, who 
enthusiastically praised the appointment of Robert Mueller as special 
counsel as a superb choice to be special counsel because his reputation 
is impeccable for honesty and integrity, has done a complete 180-degree 
turn and now declaims falsely that the very top at the Justice 
Department and the FBI have become corrupt.
  I was pleased to join this letter and to join with Congresswoman 
Waters, along with my other colleagues, for a very important statement.
  I also believe that this statement must be backed up with 
legislation, such as H.R. 3654, which I have offered, the Special 
Counsel Independence Protection Act.
  But basically I think we have a situation where if we do not make 
this a public announcement of indicating that between the 
administration, the President, and others, along with Republicans in 
this House, there is an entrapment being set up for Special Counsel 
Mueller to be considered biased because of the staffing actions of 
which, by the way, those individuals have been replaced or they have 
been transferred to other positions.
  There is no doubt that a man who served in Vietnam, a man who came

[[Page H9899]]

back to the Justice Department as an entry-level employee to be able to 
serve his country, there is no question that there is no evidence of 
any corruption.
  Madam Speaker, I would conclude my remarks by saying the importance 
of this legislation and this letter is because Director Mueller is 
working his way into the White House, and the issues of Russian 
collusion and the issues dealing with criminality are approaching the 
front door. We must protect this investigation.
  Madam Speaker, in recent days, the shrill but politically-charged 
attacks on Special Counsel Robert Mueller have reached a deafening 
roar.
  For example, on December 5, Fox News host Sean Hannity led off his 
broadcast with the outrageous charge that `Mueller is frankly a 
disgrace to the American justice system and has put the country now on 
the brink of becoming a banana republic.
  Not surprisingly, disgraced former House Speaker Newt Gingrich, who 
enthusiastically praised the appointment of Robert Mueller as Special 
Counsel as a `superb choice to be special counsel' because `his 
reputation is impeccable for honesty and integrity' has done a complete 
180-degree turn and now declaims falsely that at ``the very top, the 
Justice Department and the FBI became corrupted.''
  These despicable accusations by Trump acolytes and ultraconservative 
zealots against a distinguished public servant and veteran who has 
served his country with honor and unimpeachable integrity for more than 
a half-century are outrageous.
  But the public sees them for what they are: a thinly disguised 
attempt by a panicked White House and its right-wing media allies to 
inflame and persuade base Trump supporters to question the impartiality 
of the Special Counsel's investigation that daily uncovers more 
evidence of wrongdoing and collusion by operatives of the Trump 
campaign, transition, and White House.
  In light of the barrage of baseless attacks against Special Counsel 
Mueller by Trump apologists and right-wing media, it is urgent that 
Congress act immediately to protect the independence and integrity of 
Special Counsel Mueller's investigation into Russian interference in 
the 2016 Presidential election, including questions surrounding 
collusion between Russian operatives and Trump campaign officials.
  That is why I am calling upon the House leadership to bring H.R. 
3654, the `Special Counsel Independence Protection Act,' to the floor 
for debate and a vote by the full House at the earliest time possible.
  This legislation, which I introduced on August 15, 2017, insulates 
the Special Counsel from the whims of this President by permitting the 
removal of the Special Counsel only where:
  The attorney general files an action in federal district court in 
Washington, D.C., and files a contemporaneous action with the House 
Judiciary Committee and the Senate Judiciary Committee; and
  A panel of three federal judges sitting in Washington, D.C., finds 
removal appropriate based on a finding of misconduct, dereliction of 
duty, incapacity, conflict of interest or other good cause.
  We are on the verge of a constitutional crisis as Trump operatives 
try to dismantle, destroy, and undermine Special Counsel Mueller's 
investigation.
   This cannot be allowed to happen.
  The state of our democracy hinges upon our ability to ensure the 
integrity of our elections and the rule of law.
  And the necessary and ongoing work of the Special Counsel must be 
insulated against outside influence and interference.
  Ms. MAXINE WATERS of California. Madam Speaker, I thank both of the 
Members of Congress who came down here this evening and shared in the 
information that we are going to forward to Rod Rosenstein because it 
is so important that we let him know that our special counsel has 
support. We appreciate what he is doing and we are going to stand with 
him.
  Madam Speaker, I yield back the balance of my time.

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