[Congressional Record Volume 164, Number 59 (Thursday, April 12, 2018)]
[Senate]
[Page S2110]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                      Nomination of Michael Pompeo

  Mr. President, just a short time ago, I was in the hearings regarding 
Michael Pompeo to be our Secretary of State. I think my concerns can be 
summed up by this: I read to him the two provisions of the War Powers 
Act that give the President the power to put our troops in motion on 
foreign soil. One of those is a direct and explicit congressional 
authorization, and the second is a direct threat or attack on the 
United States or our forces or our assets.
  I asked him: Do you think the President of the United States can put 
forces into action outside of those two provisions, congressional 
authorization or a direct attack on America?
  He said: Yes.
  In other words, he absolutely, 100 percent disavows our Constitution, 
which says the power to make war rests in Congress, not at the whim of 
the President.
  This was one of the most important provisions in the debate about the 
design of our Constitution; that it should not be easy to go to war. 
The Constitution gives that power explicitly to Congress. Mike Pompeo 
says it doesn't matter. It doesn't matter, even if there is not a 
threat to the United States, an attack on the United States; it doesn't 
matter, even if there is no congressional authorization, the President 
can do what he wants. You really can't make that argument and honestly 
take an oath of office to abide by the Constitution.
  That is why I will adamantly oppose his nomination as Secretary of 
State.
  Thank you.
  The PRESIDING OFFICER. The majority leader.
  Mr. McCONNELL. Mr. President, I know of no further debate on the 
nomination.
  The PRESIDING OFFICER. Is there any further debate on the nomination?
  Hearing no further debate, the question is, Will the Senate advise 
and consent to the Wheeler nomination?
  Mr. McCONNELL. Mr. President, 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 bill clerk called the roll.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from Illinois (Ms. Duckworth) 
is necessarily absent.
  The PRESIDING OFFICER (Mr. Sullivan). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 53, nays 45, as follows:

                       [Rollcall Vote No. 71 Ex.]

                                YEAS--53

     Alexander
     Barrasso
     Blunt
     Boozman
     Burr
     Capito
     Cassidy
     Collins
     Corker
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Donnelly
     Enzi
     Ernst
     Fischer
     Flake
     Gardner
     Graham
     Grassley
     Hatch
     Heitkamp
     Heller
     Hoeven
     Hyde-Smith
     Inhofe
     Isakson
     Johnson
     Kennedy
     Lankford
     Lee
     Manchin
     McConnell
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Rounds
     Rubio
     Sasse
     Scott
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Wicker
     Young

                                NAYS--45

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Durbin
     Feinstein
     Gillibrand
     Harris
     Hassan
     Heinrich
     Hirono
     Jones
     Kaine
     King
     Klobuchar
     Leahy
     Markey
     McCaskill
     Menendez
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Sanders
     Schatz
     Schumer
     Shaheen
     Smith
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--2

     Duckworth
     McCain
  The nomination was confirmed
  The PRESIDING OFFICER. The majority leader.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
further rollcall votes in this series be 10 minutes in length.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

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