[Congressional Record (Bound Edition), Volume 163 (2017), Part 3]
[Senate]
[Page 3473]
[From the U.S. Government Publishing Office, www.gpo.gov]




          CALLING FOR THE APPOINTMENT OF A SPECIAL PROSECUTOR

  Mr. SCHUMER. Mr. President, this morning the Judiciary Committee will 
have a hearing on the nomination of Mr. Rod Rosenstein to serve as the 
Deputy Attorney General. During the hearing, Mr. Rosenstein should 
commit to naming a special prosecutor to look into the Trump campaign's 
ties to Russia.
  There is a strong legal rationale for a special prosecutor. A special 
prosecutor, by the Department of Justice rules, would be free of day-
to-day supervision by anyone at the Department of Justice, would be 
free to follow the investigation where it leads, and would be subject 
to an increased level of congressional oversight. Moreover, it is the 
right thing to do to ensure that this investigation remains impartial, 
nonpartisan, and truly gets to the bottom of the matter. The bottom 
line is very simple. The special prosecutor can only be fired for 
cause, but a line person in the Justice Department could be fired at 
will. We saw that happen when President Trump didn't like what Sally 
Yates said about his Executive order. He simply fired her.
  Mr. Rosenstein is a very fine man, an excellent, longtime prosecutor 
in the Justice Department, but this is when we call for a special 
prosecutor. It is not an aspersion against him in any way. We are 
worried the White House will not let an investigation within the 
Justice Department, without the insulation of a special prosecutor, go 
forward.
  So if Mr. Rosenstein is unwilling to commit to naming a special 
prosecutor or says he needs to be confirmed, and in his position he can 
make an assessment, that is insufficient. The need for a special 
prosecutor is clear enough today to make that call.
  Of course, we don't need to wait for Mr. Rosenstein. Mr. Boente, the 
Acting Deputy Attorney General, can make the call today, but if neither 
will commit to a special prosecutor, Congress will have to consider 
bringing back a narrower independent counsel law to see that this 
investigation is conducted properly.

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