[Congressional Record Volume 164, Number 7 (Thursday, January 11, 2018)]
[Senate]
[Pages S148-S150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



        Special Counsel Mueller, Department of Justice, and FBI

  Mr. President, I come to the floor this morning because I believe the 
United States is a nation of laws. The bedrock of our democracy is the 
rule of law. We are blessed with a judicial system and Federal law 
enforcement agencies that are respected worldwide for their integrity, 
impartiality, and professional excellence.
  As the lead Democrat on the Appropriations Subcommittee on Commerce, 
Justice, Science, and Related Agencies, I have a responsibility, along 
with my chairman, Senator Shelby, and our colleagues, to ensure that 
the Department of Justice, including Federal law enforcement agencies 
and Federal prosecutors, have the resources they need to do their jobs. 
I also have a responsibility to ensure that they are independent and 
shielded from political interference.

[[Page S149]]

  On that score, I am deeply troubled by a rising chorus of partisan 
attacks on the integrity of the Department of Justice, the Federal 
Bureau of Investigation, and in particular Special Counsel Robert 
Mueller, who is investigating Russian interference in the 2016 
election.
  Actually, this is the cover of the report from our intelligence 
agencies on that interference in the 2016 election.
  I believe these attacks against Special Counsel Mueller are part of a 
broader campaign, orchestrated by the White House, to undermine the 
investigations into Russia's interference in the 2016 campaign, 
including the possible collusion by the Trump campaign. This effort to 
discredit the investigation has profound national security implications 
for the United States.
  Yesterday, Senator Ben Cardin, the top Democrat on the Foreign 
Relations Committee, released a report on behalf of the minority of the 
Foreign Relations Committee that documents Russian President Vladimir 
Putin's two-decade assault on democratic institutions, Western values, 
and the rule of law. This report complements a finding by the U.S. 
intelligence community that was issued last January that Russia 
interfered in the 2016 election and will continue to interfere in our 
elections if it is not deterred. This was the unanimous conclusion of 
all 17 U.S. intelligence agencies. Yet President Trump continues to be 
dismissive of claims that Russia interfered.
  This is not about partisanship. This is not about who won the 
election. This is about whether Russia is trying to disrupt our 
democracy. President Trump's comments about what happened here are an 
extraordinary abdication of the President's duty to defend our country 
and safeguard our democracy.
  Our Foreign Relations Committee's report concludes: ``Never before in 
American history has so clear a threat to national security been so 
clearly ignored by a U.S. president, and without a strong U.S. 
response, institutions and elections here and throughout Europe will 
remain vulnerable to the Kremlin's aggressive and sophisticated malign 
influence operations.''
  Meanwhile, the campaign by the White House and certain Republicans in 
Congress to discredit and deflect the investigation continues. Indeed, 
it is a campaign that has become even more bizarre. Republicans on the 
Judiciary Committee refuse to release testimony by the cofounder of 
Fusion GPS--testimony regarding Russian efforts to collude with the 
Trump campaign. Last week, Senator Grassley and Senator Graham took the 
unprecedented step of calling on the Justice Department to investigate 
former British MI6 intelligence officer Christopher Steele, the author 
of the Fusion GPS report. Think about that. Instead of calling for an 
investigation of the serious charges in the so-called ``Russia 
dossier,'' these Senators are demanding an investigation of the author 
of the report. Meanwhile, the President is becoming increasingly 
aggressive in attacking the investigations. Yesterday, he again called 
them a ``witch-hunt'' and demanded ``Republicans should finally take 
control.''
  The partisan attacks on Special Counsel Robert Mueller are especially 
shameful. A decorated marine Vietnam veteran, he is a Republican who 
was nominated to be FBI Director by President George W. Bush and was 
approved by the Senate, at that time, 98 to 0. In 2011, when his 10-
year term was up, President Obama, a Democratic President, asked the 
Senate to extend his term for an additional 2 years. Director Mueller 
was confirmed for another 2-year term by a unanimous vote of 100 to 0.
  When Mr. Mueller was appointed special counsel in May, he was greeted 
with bipartisan praise for his integrity and professionalism. Here are 
some of the quotes we heard at the time.
  Majority Leader Mitch McConnell said:

       I have a lot of confidence in Bob Mueller. I think it was a 
     good choice.

  Senator Rubio said:

       I believe [Mueller] is going to conduct a full and fair and 
     thorough investigation that we should have confidence in.

  Senator Isakson said:

       [Mueller's] been appointed for a purpose. Let him carry 
     that purpose out, and let the evidence take us where it may.

  Yet today, in the wake of indictments of key Trump campaign 
officials, some Republicans in Congress are joining with voices in the 
conservative media in smearing Robert Mueller as ``corrupt'' and 
``dishonest.'' Those are quotes.
  In early December, former House Speaker Newt Gingrich said:

       Mueller is corrupt. The senior FBI is corrupt. The system 
     is corrupt.

  The day after Christmas, a prominent House Republican called for top 
officials in the Department of Justice and FBI to be ``purged.''
  It is unfortunate that many Republicans appear to believe that in 
order to support the President they must attack and discredit not only 
Special Counsel Mueller but also the career employees of the Department 
of Justice and the FBI. These partisan attacks are baseless and 
reckless. They are undermining trust and confidence in the rule of law, 
and this must not be tolerated. It is time for responsible Senators on 
both sides of the aisle to speak up in defense of these institutions 
that are at the heart of our democracy. It is time to come together on 
a bipartisan basis to demand that Mr. Mueller be allowed to follow the 
facts wherever they may lead.
  The FBI is also under attack. President Trump has said that the 
agency's reputation is in ``tatters'' and its standing is the ``worst 
in history.'' The truth is that the FBI continues to be the gold 
standard for law enforcement agencies worldwide.
  The prosecutors in the Department of Justice are superb professionals 
who adhere to a strict ethic of honesty and impartiality, as do the 
nearly 37,000 employees of the FBI. They put their lives on the line 
every day to protect the American people from violent criminals, 
terrorists, and foreign agents who mean our country great harm.
  Just last month, as the agency was being attacked on FOX News as 
equivalent to the Soviet-era KGB, undercover FBI agents were hard at 
work stopping an ISIS supporter who was planning a Christmas Day 
terrorist attack on Pier 39, the iconic San Francisco tourist 
attraction. This is just one example of more than 720 potential acts of 
terrorism that were disrupted and prevented by hard-working FBI agents 
last year. We can see the headlines from some of those plots that were 
thwarted in New York, San Francisco, Florida, and Oklahoma City.
  On June 13, Deputy Attorney General Rod Rosenstein testified before 
the Appropriations Subcommittee. Because the Attorney General has 
recused himself, Mr. Rosenstein is the top DOJ official overseeing the 
special counsel. At the hearing, I asked him if he had any evidence of 
good cause for firing Special Counsel Mueller. He answered: ``No, I 
have not.'' In response to my further questioning, Mr. Rosenstein 
responded: ``You have my assurance that we are [going to] faithfully 
follow that regulation and Director Mueller is going to have the full . 
. . independence that he needs to conduct that investigation 
appropriately.'' More recently, on December 13, testifying before the 
House Judiciary Committee, Mr. Rosenstein was again asked if there is 
good cause for firing Special Counsel Mueller. He responded with a firm 
no.
  Members of Congress and commentators in the media who are now 
attacking the special counsel, the Justice Department, and the FBI for 
partisan political purposes are making a grave mistake. They will not 
succeed in deflecting law enforcement from its duties and missions, but 
they may well succeed in undermining the American people's faith and 
confidence in these institutions so vital to a healthy democracy. That 
is not only deeply unfortunate, it is shameful.
  This is a remarkable moment in our Nation's history. A hostile 
foreign power has interfered in our Presidential election. Our law 
enforcement agencies and special counsel are working diligently to 
uncover the scope and methods of that intervention so that we can 
prevent a recurrence in the future. Supporting these efforts isn't 
about party or partisanship; it is about patriotism and defending 
America's democracy, which has been attacked and continues to be 
vulnerable to attack.
  Our democracy is being tested, our law enforcement agencies are being 
tested, and we as Senators are being tested. Our responsibility is 
clear. We

[[Page S150]]

have a duty to come together, Senators of both parties, to defend the 
independence of the Justice Department and the FBI, and we must insist 
that Special Counsel Mueller be allowed to conduct and complete his 
investigation without political interference.
  Thank you.
  I yield the floor.
  The PRESIDING OFFICER (Mrs. Fischer). All time has expired.
  The question is, Will the Senate advise and consent to the Brown 
nomination?
  Mr. SCHATZ. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Tennessee (Mr. Alexander), the Senator from Arkansas (Mr. 
Cotton), the Senator from South Carolina (Mr. Graham), the Senator from 
Nevada (Mr. Heller), the Senator from Arizona (Mr. McCain), and the 
Senator from Georgia (Mr. Perdue).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker) 
and the Senator from Illinois (Mr. Durbin) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 92, nays 0, as follows:

                       [Rollcall Vote No. 7 Ex.]

                                YEAS--92

     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Boozman
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Cortez Masto
     Crapo
     Cruz
     Daines
     Donnelly
     Duckworth
     Enzi
     Ernst
     Feinstein
     Fischer
     Flake
     Gardner
     Gillibrand
     Grassley
     Harris
     Hassan
     Hatch
     Heinrich
     Heitkamp
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johnson
     Jones
     Kaine
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lee
     Manchin
     Markey
     McCaskill
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Peters
     Portman
     Reed
     Risch
     Roberts
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott
     Shaheen
     Shelby
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                             NOT VOTING--8

     Alexander
     Booker
     Cotton
     Durbin
     Graham
     Heller
     McCain
     Perdue
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table and the President 
will be immediately notified of the Senate's action.

                          ____________________