[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.
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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.
____________________