[Congressional Record Volume 164, Number 67 (Wednesday, April 25, 2018)]
[Senate]
[Pages S2424-S2425]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Dark Money
Mr. REED. Mr. President, I rise today to join my colleagues and to
associate myself with their remarks on the critically important issue
of unlimited and unaccountable money in our political system. I would
like to thank my colleague from Rhode Island, Senator Sheldon
Whitehouse, for organizing this speaking series and for being a
national leader on the issue of campaign finance reform.
While my colleagues make important points about how our rigged
campaign finance system can and does serve as a channel for anonymous
billionaires and special interests to exert undue influence across our
political system, I would like to focus my remarks on a related issue:
how our broken campaign finance system also threatens our national
security.
There is no serious dispute that malign foreign actors like Russia
are working to subvert our democratic processes and sow chaos in our
political system. As we have seen, their strategies depend not on
direct conventional attacks upon our Nation, but an
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asymmetric approach that exploits the existing divisions and
vulnerabilities of our open society, our democratic institutions, and
our free markets.
Even though we are now aware of this, we have not taken the necessary
steps to repair the situation. Indeed, our Nation retains a campaign
finance system that empowers anonymous donors to funnel unlimited
amounts of money to influence public policy at every level of
government, and to hide their actions behind corporations.
This misguided system, which fell into place in the wake of the
Supreme Court's Citizens United decision in 2010, allegedly has been
exploited by foreign adversaries to advance their agendas on our soil.
How does this threat work? Prior to Citizens United, an incorporated
entity did not have the same right as a flesh-and-blood human being to
make contributions and expenditures in elections. This distinction
makes sense. Corporations typically are permanent legal entities. They
can amass outsized sums of wealth and, critically, they can shield the
human beings behind them from scrutiny and liability. It is easier for
those who wish to circumvent the laws protecting our democratic system
to do so from behind a corporate mask. Thus, when the Supreme Court
gave corporations the right to make unlimited independent expenditures
in elections, it also opened the door for those who wish to hide their
election spending to cover their tracks with shell companies and other
entities that only exist on paper.
Our Nation historically has sought to safeguard our system of
government from foreign influence. The Constitution requires the
President to be a natural-born citizen. Early lobbying disclosure
reforms were crafted with the threat of foreign propaganda in mind. And
it remains a Federal crime for a foreign national, directly or
indirectly, to spend money to influence our elections. But how can we
know that authorities have the tools they need to enforce the law
consistently when the law permits donors to funnel unlimited sums into
elections and cover their tracks with shell corporations?
There are serious allegations that foreign actors have taken
advantage of this vulnerability in our system. CNN reported in early
April that Special Counsel Mueller is investigating whether Russian
oligarchs used donations to think tanks, political action committees,
and straw donors to cover their illegal campaign spending in the 2016
cycle.
One figure who is suspected of this type of malign influence-peddling
is Alexander Torshin. Torshin is the deputy governor of the Central
Bank of Russia, a close Putin ally, and was recently sanctioned by the
Trump administration, along with other oligarchs and high-ranking
Russian Government officials. Multiple press reports stemming from
documents turned over to congressional investigations by Trump campaign
associates detail how Torshin allegedly cultivated people associated
with the NRA to influence the 2016 election. His ultimate goal
allegedly was to arrange a meeting during the campaign between then-
Candidate Trump and Putin. Press reports indicate that the FBI is
currently investigating whether Torshin illegally funneled money to the
NRA to assist the Trump campaign in particular.
Indeed, if Russia did use the NRA to circumvent public scrutiny of
its electoral meddling, it would have been following the same pattern
as the Koch network. Robert McGuire from the Center for Responsive
Politics stated: ``We've seen some of the groups in the Koch network
give large, six and seven figure grants to the NRA--knowing that the
NRA is going to spend the money on ads in an election. . . . The
Russians could easily have funneled money into the NRA coffers using a
similar pathway. . . . A legal, ostensibly apolitical donation to the
NRA by Russia could have freed up other restricted funds to spend on
politics.''
While money is fungible, it is quite striking that the NRA spent over
$30 million to assist the Trump campaign--two-and-a-half times more
than what it spent in 2012 to assist Mitt Romney.
These allegations regarding links between Russia and the NRA are
among the most widely reported, but there is evidence of other
instances where Kremlin-linked oligarchs and their allies allegedly
directed money into American elections. For example, Viktor Vekselberg,
another close Putin ally and oligarch who made billions from a
government-sanctioned oil deal, allegedly funneled over $250,000
through a U.S. corporation run by his cousin to spend on the 2016
election. The cousin had no prior history as a major political donor
before the last election cycle. Vekselberg was also recently sanctioned
by the Trump administration for his close ties to Putin and alleged
role in advancing Russia's malign influence activities. Special Counsel
Mueller is also reportedly investigating whether Vekselberg funneled
money into the 2016 election.
These are two illustrations of how those from Putin's inner circle
may have sought to influence our elections. Some of these methods may
appear legal because the source of the money on paper was a person who
is legally allowed to make expenditures on American elections. But
experts, like Louise Shelley, director of the Terrorism, Transnational
Crime and Corruption Center at George Mason University, doubt that
these sums could have entered our political process without approval
from the Kremlin. As she puts it: ``If you have investments in Russia,
then you cannot be sure that they are secure if you go against the
Kremlin's will. You can't be an enormously rich person in Russia, or
even hold large holdings in Russia, without being in Putin's
clutches.''
If sophisticated special interest groups in our country rely on dark
money to pursue their political agendas, and the Kremlin and Kremlin-
linked actors can exploit this vulnerability, then it stands to reason
that other foreign actors can also manipulate our system. As long as we
maintain a system wherein a political spender can be a corporation that
received money from another corporation, which, in turn, received money
from yet another corporation, there will be no accountability in our
campaign finance system.
Even if it cannot be proved that illegal campaign spending is
changing electoral outcomes, I believe it is unacceptable for our
Nation to knowingly permit an open conduit for foreign meddling in our
elections, which has an effect on our national security. Our system of
government depends on public faith that election results reflect the
will of the American people.
Going forward, I intend to speak further on this topic and work on
ways to give authorities much stronger tools to prosecute the
laundering of foreign money in our campaign finance system. In my view,
this is not just an administrative or an election issue; this is a
national security and international criminal issue, and as such, there
should be investigations and prosecutions on that scale. I invite my
colleagues to work with me on this important issue, and I thank my
colleagues again for highlighting the need to take unaccountable money
out of our politics.
With that, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. TILLIS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.