[Congressional Record Volume 164, Number 2 (Thursday, January 4, 2018)]
[Senate]
[Page S33]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Rescinding the Cole Memorandum

  Mr. GARDNER. Madam President, up until about 8:58 this morning, we 
believed in Colorado that States rights would be protected. Up until 
about 8:58, maybe 8:55--until Twitter told us otherwise--we believed 
the will of Colorado voters would be respected. Why did we believe 
that? Because of conversations I had with then-Senator Jeff Sessions 
prior to his confirmation as Attorney General about what would happen 
with Colorado's marijuana policy.
  At the time, prior to his confirmation, then-Senator Sessions told me 
there were no plans to reverse the Cole memorandum. Then-Senator 
Sessions told me marijuana simply wasn't going to be on President 
Trump's agenda; that it was something they weren't going to deal with; 
it was something President Trump simply wasn't going to focus on.
  That was back in the spring of 2016, and up until 8:58 this morning, 
that was the policy. One tweet later, one policy later--a complete 
reversal of what many of us on the Hill were told before the 
confirmation and what we had continued to believe the last year. Then, 
without any notification, conversation, or dialogue with Congress, 
completely reversed.
  Now, perhaps the Department of Justice didn't think this would be a 
big deal. I understand Attorney General Jeff Sessions' opposition to 
the legalization of marijuana. I opposed the legalization of marijuana 
in Colorado, but this is about a decision by the State of Colorado. We 
were told that States rights would be protected and not just by the 
Attorney General, then the nominee to be Attorney General, we were told 
that by then-Candidate Donald Trump.
  In Colorado, in July of 2016, then-Candidate Trump was asked if he 
would use Federal authority to shut down sales of recreational 
marijuana in States like Colorado. Then-Candidate Donald Trump said: 
``I wouldn't do that.''
  When then-Candidate Trump was asked if he thought Colorado should be 
allowed to do what it is doing, he said: ``It's up to the States. 
Absolutely.''
  That was then-Candidate Trump's position. I would like to know from 
the Attorney General what has changed. What has changed President 
Trump's mind that the Cole memorandum would be reversed and rescinded? 
What has changed the President's mind? Why is Donald Trump thinking 
differently today about what he promised the people of Colorado in 2016 
to reverse course today? What changed? I would like to know that. I 
think the people of Colorado deserve to have that answer.
  Without the Cole memorandum, legal businesses, operating in 
accordance with States rights and laws, are now operating under a cloud 
of uncertainty. Thousands of jobs and millions of dollars in revenue 
are at risk, and certainly the question of constitutional States rights 
is very much at the core of this discussion. I believe what happened 
today was a trampling of Colorado's rights and its voters. Sure, this 
was a heavily debated issue, something I have already said I opposed, 
but the people of Colorado spoke, and they spoke loudly, and I believe 
that if the same question were asked today, they would even have more 
support for the decision they made several years ago.
  I agree with President Trump that this decision should be left up to 
the people of Colorado and other States, and I call on Attorney General 
Jeff Sessions to explain to me why President Trump was wrong in 2016, 
what changed their minds, and that they reverse their decision to 
withdraw and rescind the Cole memorandum and that they reimplement and 
reinstate the Cole memorandum. Until that happens, I think I am 
obligated to the people of Colorado to take all steps necessary to 
protect the State of Colorado and their rights.
  That is why today I will be putting a hold on every single nomination 
from the Department of Justice until Attorney General Jeff Sessions 
lives up to the commitment he made to me in my preconfirmation meeting 
with him--the conversation we had that was specifically about this 
issue of States rights in Colorado. Until he lives up to that 
commitment, I will be holding all nominations to the Department of 
Justice.
  The people of Colorado deserve answers. The people of Colorado 
deserve their will to be respected.
  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. SANDERS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SANDERS. Madam President, I ask unanimous consent that I be 
recognized for as much time as I need to complete my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.