[Congressional Record Volume 165, Number 46 (Thursday, March 14, 2019)]
[House]
[Page H2723]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXPRESSING SENSE OF CONGRESS THAT THE REPORT OF SPECIAL COUNSEL MUELLER 
         SHOULD BE MADE AVAILABLE TO THE PUBLIC AND TO CONGRESS

  Mr. NADLER. Mr. Speaker, pursuant to House Resolution 208, I call up 
the concurrent resolution (H. Con. Res. 24) expressing the sense of 
Congress that the report of Special Counsel Mueller should be made 
available to the public and to Congress, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore. Pursuant to House Resolution 208, the 
amendments to the concurrent resolution and the preamble, printed in 
House Report 116-17, are agreed to, and the concurrent resolution, as 
amended, is considered read.
  The text of the concurrent resolution, as amended, is as follows:

                            H. Con. Res. 24

       Whereas, on January 6, 2017, the Office of the Director of 
     National Intelligence released a report concluding that 
     ``Russian President Vladimir Putin ordered an influence 
     campaign in 2016 aimed at the US presidential election'', 
     that the goal of this campaign was ``to undermine public 
     faith in the US democratic process'', and that ``Putin and 
     the Russian Government developed a clear preference for 
     President-elect Trump'';
       Whereas, on March 20, 2017, the Director of the Federal 
     Bureau of Investigation (FBI) testified that he was 
     authorized by the Department of Justice to confirm that the 
     FBI is investigating whether ``there was any coordination'' 
     between individuals associated with the Trump presidential 
     campaign and the Russian Government;
       Whereas part 600 of title 28, Code of Federal Regulations, 
     as in effect on March 7, 2019 (in this resolution referred to 
     as ``Special Counsel Regulations''), provides for the 
     appointment of a Special Counsel when the Attorney General or 
     Acting Attorney General ``determines that criminal 
     investigation of a person or matter is warranted and--(a) 
     That investigation . . . by a United States Attorney's Office 
     or litigating Division of the Department of Justice would 
     present a conflict of interest for the Department or other 
     extraordinary circumstances; and (b) That under the 
     circumstances, it would be in the public interest to appoint 
     an outside Special Counsel to assume responsibility for the 
     matter'';
       Whereas the Special Counsel Regulations call for any 
     individual named as Special Counsel to be a ``lawyer with a 
     reputation for integrity and impartial decision making and 
     with appropriate experience to ensure that both the 
     investigation will be conducted ably, expeditiously and 
     thoroughly, and that investigative and prosecutorial 
     decisions will be supported by an informed understanding of 
     the criminal law and Department of Justice policies'';
       Whereas, on May 17, 2017, the Acting Attorney General 
     appointed former FBI Director Robert S. Mueller III to serve 
     as Special Counsel ``to ensure a full and thorough 
     investigation of the Russian government's efforts to 
     interfere in the 2016 presidential election'', including an 
     examination of ``any links and/or coordination between the 
     Russian government and individuals associated with the 
     campaign of President Donald Trump'', ``any matters that 
     arose or may arise directly from the investigation'', and 
     ``any other matters within the scope of 28 C.F.R. 600.4(a)'';
       Whereas the Acting Attorney General explained that he had 
     appointed Special Counsel Mueller because he ``determined 
     that it is in the public interest . . . to . . . appoint a 
     Special Counsel to assume responsibility for this matter . . 
     . based upon the unique circumstances, the public interest 
     requires [him] to place this investigation under the 
     authority of a person who exercises a degree of independence 
     from the normal chain of command . . . [and that] a Special 
     Counsel is necessary in order for the American people to have 
     full confidence in the outcome. Our nation is grounded on the 
     rule of law, and the public must be assured that government 
     officials administer the law fairly'';
       Whereas Special Counsel Mueller has previously served in 
     the Department of Justice as a prosecutor, United States 
     Attorney, and Director of the FBI under both Republican and 
     Democratic administrations, and his selection as the Special 
     Counsel elicited bipartisan praise recognizing his reputation 
     for competence, fairness, and nonpartisanship;
       Whereas the Special Counsel's investigation has thus far 
     resulted in the public indictment of 34 individuals and 3 
     companies, 7 guilty pleas, and 1 conviction following a jury 
     trial;
       Whereas the Special Counsel Regulations provide that ``[a]t 
     the conclusion of the Special Counsel's work, he or she shall 
     provide the Attorney General with a confidential report 
     explaining the prosecution or declination decisions reached 
     by the Special Counsel'';
       Whereas, on January 15, 2019, at his confirmation hearing 
     before the Senate Committee on the Judiciary, Attorney 
     General William Barr testified ``I . . . believe it is very 
     important that the public and Congress be informed of the 
     results of the special counsel's work. For that reason, my 
     goal will be to provide as much transparency as I can 
     consistent with the law'';
       Whereas, on February 22, 2019, the chairs of six committees 
     of the House of Representatives wrote to Attorney General 
     Barr to inform him of their expectation that he will make 
     Special Counsel Mueller's report public ``to the maximum 
     extent permitted by law'';
       Whereas transparency is consistent with the overall purpose 
     and intent of the Special Counsel Regulations and the 
     accompanying Department of Justice commentary, which notes 
     the importance of ``ensur[ing] congressional and public 
     confidence in the integrity of the process'';
       Whereas the need for transparency is most pronounced with 
     regard to investigations that involve the President or 
     individuals associated with his campaign as the President is 
     responsible for the appointment of the senior leadership of 
     the Department of Justice;
       Whereas the Department of Justice's United States 
     Attorney's Manual indicates that in public filings and 
     proceedings, prosecutors ``should remain sensitive to the 
     privacy and reputation interests of uncharged third-
     parties'', that is, of persons who the Department considers 
     may be, but are not yet criminally charged;
       Whereas this general nonstatutory policy of sensitivity to 
     the ``interests of uncharged third-parties'' should be 
     inapplicable to a sitting President because the Department of 
     Justice's Office of Legal Counsel has previously written that 
     ``a sitting President is constitutionally immune from 
     indictment and criminal prosecution'';
       Whereas the Department of Justice has on numerous recent 
     occasions provided investigatory information to Congress and 
     the public concerning investigations of high-level public 
     officials in both pending and closed cases;
       Whereas in the only other instance where a Special Counsel 
     was appointed under the Special Counsel Regulations (in 1999, 
     concerning the 1993 confrontation in Waco, Texas), both the 
     interim and final reports, including findings, provided by 
     the Special Counsel were released to the public by the 
     Attorney General; and
       Whereas the allegations at the center of Special Counsel 
     Mueller's investigation strike at the core of our democracy, 
     and there is an overwhelming public interest in releasing the 
     Special Counsel's report to ensure public confidence in both 
     the process and the result of the investigation: Now, 
     therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress--
       (1) calls for the public release of any report, including 
     findings, Special Counsel Mueller provides to the Attorney 
     General, except to the extent the public disclosure of any 
     portion thereof is expressly prohibited by law; and
       (2) calls for the full release to Congress of any report, 
     including findings, Special Counsel Mueller provides to the 
     Attorney General.

  The SPEAKER pro tempore. The gentleman from New York (Mr. Nadler) and 
the gentleman from Georgia (Mr. Collins) each will control 30 minutes.
  The Chair recognizes the gentleman from New York.

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