[Congressional Record Volume 170, Number 4 (Tuesday, January 9, 2024)]
[Senate]
[Pages S27-S29]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
U.S. Attorney's Office Investigations
Mr. MENENDEZ. Mr. President, I come to the Senate floor to respond to
a series of accusations raised by the U.S. attorney of the Southern
District of New York.
First, I would note that this is the second superseding indictment
brought forth by the government. It should be noted that all of the
information presented in the superseding indictments were fully
available to the government since the beginning of this process and for
at least a year prior to the bringing of this indictment, which,
therefore, begs the question: Why did the government not proceed with
all of these accusations from the beginning?
The answer is clear to me. By filing three indictments--one in late
September, a second one a few weeks later in mid-October, and the third
one just last week, in early January--it allows the government to keep
the sensational story in the press. It poisons the jury pool, and it
seeks to convict me in a court of public opinion. In so doing, the
government's tactics harm not just me but each of you, my colleagues,
the political establishment, and, most importantly, the electorate of
New Jersey.
The sensationalized allegations are now creating a rising call for my
resignation, despite my innocence and before a single piece of evidence
has even been introduced in a court of law. The U.S. Attorney's Office
has engaged not in a prosecution but a persecution. They seek a
victory, not justice.
We have seen this play out with other prosecutions of public
officers. Remember what happened to Senator Ted Stevens or Governor Bob
McDonell. There are numerous other examples. It is an unfortunate
reality, but prosecutors sometimes shoot first before they even know
all the facts. It would be a shame that this venerable body does the
same.
So having set the stage for why this process has unfolded this way,
let me deal with some of the issues, starting with the latest
accusation.
I have received nothing--absolutely nothing--from the Government of
Qatar or on behalf of the Government of Qatar to promote their image or
their issues. The government's principal allegation of what I
supposedly
[[Page S28]]
did for Qatar was to support a Senate resolution. This resolution was
sponsored and introduced by Senator Graham and cosponsored by 11 other
bipartisan Senators, posted on the Senate Foreign Relations Committee
agenda, and passed by voice vote.
Now, what was that resolution about? The resolution sponsored by
Senator Graham and 12 of our colleagues on both sides of the aisle
thanked the Qatari Government for assisting the U.S. military in
evacuating American citizens and Afghan refugees from Taliban rule. How
nefarious was that?
Then they referenced some press release I made. Well, the press
release says in one sentence:
I am [glad] to see our friends and allies in Qatar be moral
exemplars by accepting Afghans ultimately seeking safe haven
in the U.S. after being forced to escape for their lives.
That is the one thing it says about Qatar. The rest of it is a call
for international cooperation to help protect Afghan civil society
members, journalists, and others at risk of Taliban rule, something I
have heard many Members of the Senate at the time speak out for.
Qatar has played important roles in hosting our U.S. Al Udeid Air
Force Base, the largest in the Middle East, in responding to the
administration's call to supply natural gas to Europe during the
Ukrainian conflict with Russia, and, yes, facilitating and receiving
Afghan refugees whom the U.S. Government was seeking to evacuate, among
other initiatives. And, most recently, they played a role in brokering
the release of Israeli hostages held by Hamas.
Like any other country, there are things that we disagree on. During
the World Cup preparations, the question of labor violations took
center stage. Qatar's engagement with its next-door neighbor, Iran, and
with Hamas have all been points of contention, and I have criticized
Qatar, as I have any other country, when I felt they were falling short
of their international obligations and applauded them when they have
led in ways the United States and the world would commend. That give-
and-take, that carrot and stick, that cajoling and rewarding, is the
essence of diplomacy. It is a job we all partake in every day as part
of our duties in the Senate.
The government seeks to use baseless conjecture, not facts, to create
the connective tissue to substantiate their allegations. They show a
picture of watches but no proof of receiving any such gifts. They talk
about tickets to a State-sponsored event, but as we all know, Members
of the Senate often attend State-sponsored events. Indeed, I have seen
members of the State Department, the administration, and, yes, even the
Justice Department, attend State-sponsored events. The government fails
to mention that the family member referenced to already had their own
purchased tickets to the event. That is not a perk and, certainly, not
a bribe.
Finally, on this point, the suggestion that an introduction of a
constituent to a Qatari investment company is illegal is not only wrong
as a matter of law; it is dangerous to the important work all of us as
Senators do. Under the government's theory, it may be a crime for
Members of the Senate to make introductions to companies and
constituents in their own State, to foster investments in their State--
investments that create jobs, ratables, revenues, and help grow the
economy. Indeed, if that is a crime, then advocating for Boeing
aircraft to be purchased by a foreign government, attracting a foreign
chip manufacturer to your State, getting a country to buy agricultural
products from your State, making technology investments, and so many
other actions that Members of Congress take to attract investment and
economic opportunity to their States would now be a crime.
Now, let me turn to the government's other outrageous accusation of
conspiring to act as a foreign agent for the Government of Egypt. This
is an unprecedented accusation, and it has never, ever been levied
against a sitting Member of Congress--never--and for good reason. It
opens a dangerous door for the Justice Department to take the normal
engagement of Members of Congress with a foreign government and to
transform those engagements into a charge of being a foreign agent for
that government.
I want to address the accusations as they relate to me, but I don't
want you to lose sight of how dangerous this precedent will be to all
of you.
Let me start by describing my history of taking adverse positions to
the Government of Egypt; my defense of human rights, democracy, and the
rule of law in that country; and my stinging criticism of the
violations of human rights, democracy, rule-of-law issues in Egypt.
One fact is indisputable. Throughout my time in Congress, I have
remained steadfast on the side of civil society and human rights
defenders in Egypt and everywhere else in the world. If you look at my
actions related to Egypt during the period described in the indictment
and throughout my career, my record is clear and consistent in holding
Egypt accountable for its unjust detention of American and Egyptian
citizens, its human rights abuses, its deepening relationship with
Russia, and efforts that would have eroded the independence of the
nation's judiciary, among other concerns.
In 2017, I led the writing of a bipartisan letter to President Trump
expressing grave concerns with the worsening situation for human rights
and civil society in Egypt.
That same year, I sent a letter to the Senate Appropriations
subcommittee supporting U.S. assistance to Egypt as long as Egypt
adheres to the Camp David accords and urged the Appropriations
Committee to include the requirements for assistance reform strategies
outlined in the Egypt Assistance Reform Act of 2013.
In 2018, I urged Secretary of State Tillerson to focus more on human
rights issues in Egypt and raised concerns that the electoral
environment ahead of Egypt's elections at that time were not fair,
free, or credible.
In 2019, I met President El-Sisi, along with Members of the Senate,
at the Munich Security Conference and pressed him on the level of
repression inside of Egypt, warning him that it risked eroding our
security cooperation, and raised concerns, at that time, about Egypt's
intention to purchase a Russian missile system.
In 2020, I spoke on the Senate floor for International Women's Day
and cited the cases of Mahienour El-Massry, a human rights lawyer, and
Esraa Abdel Fattah, a human rights activist and reporter, who were
unjustly detained in Egypt for fighting for human rights, democracy,
and a free press.
Does any of this sound like I was on the take with Egypt? Of course,
not. But that is not all.
In 2021, during this very time period that this indictment alleges I
was an agent of Egypt, I placed a hold on $1.58 billion in foreign
military funding to Egypt--M1A1 tank fleet--and $125 million in
economic security funds. I placed that hold based on concerns I had
with reference to the worsening human rights situation in Egypt and the
harassment and detention of activists in general, including the
detention or harassment of family members in Egypt of activists
currently living in the United States.
In the fall of 2021, I took an official trip to Egypt, where I
forcefully raised all of these issues directly with President El-Sisi
in the presence of our U.S. Ambassador to Egypt, as well as staff of
the Senate Foreign Relations Committee. The government references this
trip in its indictment but, tellingly, fails to state what actually
occurred and how I confronted President El-Sisi, which they know. The
omission intentionally leaves a bad and unfair impression.
Most recently, in a congressional delegation trip to Egypt in August
of 2023, led by Senator Graham, along with nine fellow Senators and two
House Members, I once again challenged President El-Sisi on these and
other issues in the presence of my colleagues and U.S. Embassy
personnel. Each and every time, I raised issues of arbitrary arrest and
detentions, violations of human rights, disbanding of nongovernmental
organizations, and other issues in a direct challenge to President El-
Sisi.
Again, when Egypt has acted in concert with U.S. interest and
values--like fighting terrorism in the Sinai, or its peaceful relations
with Israel, or working to improve the rights of Coptic Christians to
worship as they pleased--
[[Page S29]]
I have commended Egypt's actions. But you can't challenge the leader of
an authoritarian State in public and among other Members of Congress
and take actions adverse to their interests and at the same time serve
as an agent of that same foreign government.
Over my 30 years of engaging in foreign policy, I don't know of any
dictator or authoritarian leader who is willing to be publicly
chastised or who regards someone who dares to do so as its agent, which
brings me to the danger of what the Justice Department has created by
charging a sitting Member of Congress with acting as a foreign agent.
The relevant FARA statute's definition of ``agent'' is broad. It
includes anyone who engages in ``political activities,'' ``publicity
services,'' or other certain acts at the order, request, or under the
direction or control of a ``foreign principal.''
Applied to Members of Congress, it covers anything that could ``in
any way influence any agency or official of the United States, or any
section of the public within the United States'' as to public policy.
So when Members of the Senate from agricultural States went to
communist Cuba to sell rice or poultry or sugar or beef and were told
by the Castro regime that they would consider doing so but that the
Senators needed to convince the U.S. administration to change U.S. law
and lift the embargo and permit credit to take place for such sales,
and then came back to the United States and advocated for exactly that
request, did that make them a foreign agent of Cuba? I think not.
When Senators travel to Israel and hear from their elected leaders
requesting greater economic and defense assistance or for the
replenishment of the Iron Dome, did their advocacy upon return make
them a foreign agent of Israel? I think not.
When Senators traveled to the Middle East in pursuit of engaging
countries to become part of the Abraham Accords and heard from Saudi
Arabia that a civilian nuclear program, a mutual defense agreement, and
technology transfers might be prerequisites for Saudi Arabia joining
the Abraham Accords, and then they came back to the Senate to advocate
for that, were they foreign agents of the Saudi Government? I think
not.
What if, in any of these examples, that country bought rice or sugar
or meat from your State? What if that country purchased Boeing aircraft
made in your State? Would that be a quid pro quo? What if you got
contributions to your campaign from U.S. entities or individuals
associated with those countries? Would that be a quid pro quo? For the
government, the sky is the limit if they want to pursue you.
What a chilling effect on the mere engagement of these conversations
and inquiries would it be if the sum of those actions, taken in pursuit
of your factfinding effort to inform you of what your legislative
actions should be, can be turned into official acts in violation of the
law and not within the protection of the speech or debate clause of the
Constitution.
Now, some may be alarmed by what I have described but in this case
explain it away by saying: But in this case, there are allegations of
cash and gold bars. The problem is that there is no evidence of the
giving or receiving of cash and gold bars. In fact, there has been and
will be at trial a full explanation of what is the truth about those
issues--a truth that proves I am entirely innocent of the charges.
And that is the problem. Almost everyone, including my friends in the
press who have reported on it, haven't read the indictment. They have
only taken the government's sensational narrative of what the
accusations are as truth. They haven't sought facts of the allegations.
I am innocent, and I intend to prove my innocence--not just for me
but for the precedent this case will set for you and future Members of
the Senate.
I am, however, alarmed that the greatest and most ardent defenders of
the Constitution in this body are among the most vociferous in calling
for my resignation. They would deny me due process and undermine the
fundamental principle of our law--that in America, you are innocent
until proven otherwise by a jury of your peers. Now, Members of the
Senate are not above the law, but they are not beneath it either.
If for political expediency an indictment and its accusations are now
tantamount to guilt, we have upended our system of justice in America.
And when the next person or group of persons are wrongfully accused,
you will not be able to claim that the constitutional guarantees of due
process and innocence until proven guilty need to be observed.
Now, some say that a U.S. Senator answers to a higher standard, but
even then, the question of whether that standard has been violated
depends not on accusations but proof of guilt after being afforded due
process beyond a reasonable doubt.
Finally, let me say that I understand how the government's
accusations, made in the most sensational and purposefully damning way
possible, its misuse of the grand jury system to bring superseding
indictments even though it had all the information they alleged from
the beginning, can be a source of concern and contempt by some of my
colleagues, the political establishment, and most importantly, the
people of New Jersey. I get it. And I am suffering greatly as a result
of what they have done. After 50 years of public service, this is not
how I wanted to celebrate my golden jubilee. But I have never violated
the public trust. I have been a patriot for and of my country.
Now, let me close by saying I understand some of my colleagues are in
tough races, and for them, this was a political calculation. Let me
also say that for the administration, the political establishment, and
for my detractors, it would be much easier to have me exit the scene so
that an unjust deal on immigration that won't really solve our problems
at the border but that would hurt the Latino community would be easier
to be achieved or that a new deal with Iran would be more possible or a
cozying up to the Castro regime could take place or selling F-16s to
Turkey could be finalized. I get it. But I will not step aside and
allow those things to happen in the name of political expediency. I
have never chosen the easy path. I never have, I never will, and I will
not do so now. I simply ask for justice to be allowed to work its way.
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. MENENDEZ. Mr. President, I ask unanimous consent that the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.