[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.
____________________