I ask unanimous consent that my remarks be placed in an appropriate place in the Record and that I be able to complete my remarks. Before I begin, I would like to take a moment to address some…
I ask unanimous consent that my remarks be placed in an appropriate place in the Record and that I be able to complete my remarks.
Before I begin, I would like to take a moment to address some proposals we have been hearing about in the tax space.
Corporate Taxation
Some of us--myself included--were very concerned to hear the other day that a very big American corporation announced plans to merge with a somewhat smaller but still large UK corporation and then have the combined entity domiciled in the United Kingdom. Apparently, a desire to escape the high U.S. corporate tax was part of the motivation for the merger. This type of transaction where a U.S. corporation escapes the U.S. tax net is sometimes referred to as an inversion.
Broadly speaking, there are two different ways to address the problem of
inversions. The first way is to make it more difficult for a U.S. corporation to invert. Just today we have read accounts of Members of Congress who propose doing just that. The second way is to make the United States a more desirable location to headquarter one's business. I believe the latter is by far the better way. That would mean lowering the corporate tax rate and having a more internationally competitive tax code.
Under current law, U.S. corporations are taxed on their worldwide income, but foreign corporations are subject to tax only on income arising from the United States itself. In other words, we subject our own corporations to a worldwide tax system, while subjecting foreign corporations to a territorial tax system. It is strange that the U.S. Government treats foreign corporations more favorably than American corporations, but that is, nonetheless, what we do.
There is a danger, if the relatively unfavorable treatment of American companies is ratcheted up--which seems to be the effect of some of these anti-inversion proposals--that American companies will become even more attractive targets for takeover by foreign corporations.
I don't know when my liberal friends will catch on and realize that some of their approaches are just downright idiotic.
As important as it is to get the corporate tax rate down, no matter how low we get the rate, we still need to replace our antiquated worldwide tax system. Instead of imposing arbitrary inversion restrictions on companies retroactively and thereby further complicating the goal of comprehensive tax reform, we should first keep our focus on where we can agree. By uniting around the goal to create an internationally competitive tax code, we can keep American job creators from looking to leave in the first place.
Successful tax reform can help reverse the trend and cause more businesses to locate in the United States, bringing more jobs to Americans. Make no mistake. The trend is alarming. Just look at the number of U.S.-based firms, ranked by revenue, in the global Fortune 500 over the past decade, and you will see a significant decline in the number. That, of course, means a lower tax base for the United States.
When are these people going to catch on?
As I just said, tax reform can be used to reverse that trend, make the United States an attractive place to locate businesses and global headquarters, and provide a base for more jobs in America.
As the ranking member of the Senate's tax-writing committee, that is where my focus is, and I will work with anyone, Republican or Democrat, to achieve that goal.
It is ridiculous the ways some of our people in this government believe we can solve this problem by making it even more intrusive on businesses, even more onerous and burdensome, and by thinking they can force businesses to live in accordance with antiquated rules.
Executive Overreach
Madam President, I rise to defend, on a separate matter, the separation of government powers enshrined in our Constitution and the lawful prerogatives of the Senate, in which I have had the privilege and honor of serving now for nearly 38 years.
Just last week I spoke from this podium about the Obama administration's blatant disregard of its constitutional obligations and in particular about how ideological devotion and political expediency have again and again trumped the President's sworn duty to uphold the law. In the short time since then, the White House has provided yet another egregious example of its willingness to disregard clear legal obligations in favor of playing partisan politics.
Just days ago we learned the Obama administration withheld particularly significant information from disclosure to Congress, despite a lawfully issued subpoena, during a House committee's investigation of the September 11, 2012, terrorist attack on the U.S. mission in Benghazi, Libya. One of these documents, an email from a senior White House official, casts serious doubt about a number of the administration's key assertions about the explanations it offered Congress and the American people regarding the cause and nature of those attacks.
There are many important questions about Benghazi to which the American people deserve answers; questions about how and why brave Americans died in this terrorist attack, four brave Americans; questions about the circumstances under which our Nation lost its first Ambassador in the line of duty in more than a generation; questions about how the Obama administration advanced an admittedly false but politically advantageous narrative about the attack during the home stretch of a heated election campaign.
I appreciate the efforts of my colleagues both in this body and in the House of Representatives in seeking a fair and thorough investigation of this matter. What compels me to speak out goes beyond the substance of this particular investigation, as critically important as that is. I am deeply troubled by the Obama administration's utter disregard for essential legal and constitutional obligations. This lawlessness is made manifest in many different forms.
I wish to discuss this administration's long pattern of obstinacy in responding to congressional investigations and how this abuse has become the latest front in a vital struggle against sweeping executive branch overreach that has characterized President Obama's term in office.
Congress's investigation into the Benghazi terrorist attack should have been and could have been a collaborative endeavor aimed at discovering the truth. Indeed, President Obama publicly proclaimed he was ``happy to cooperate in ways that Congress wants'' and promised that his administration would share with congressional investigators all information connected to the administration's own internal review. Secretary Kerry likewise pronounced and promised ``an accountable and open State Department'' that would provide truthful answers about all circumstances relating to the Benghazi attack.
Unfortunately, the Obama administration has been anything but open and accountable, nor has the White House and/or the State Department shown much willingness to cooperate in a constructive fashion with congressional investigations into the matter. Instead, this administration has repeatedly rejected document requests from several congressional committees, broadly asserting its unwillingness to turn over whole swaths of relevant material.
When congressional investigators responded with subpoenas, creating clearly defined and legally binding obligations for the administration to comply, Obama officials have continued to resist and in some cases have refused to disclose entire categories of critical documents.
Throughout the investigation this administration has consistently employed a strategy of minimal compliance. In many instances, executive officials have heavily redacted the limited range of documents the administration has in fact disclosed or forced congressional investigators through the cumbersome and perhaps unnecessary process of examining documents they insist must remain in the administration's possession. Such methods, when reasonably employed, have historically allowed the executive and legislative branches to make mutually acceptable compromises, establishing arrangements that allow Congress access to the information it needs but enable the administration to protect legitimate interests and confidentiality.
Instead, President Obama and his subordinates have taken these tactics to the extreme, creating an unmistakable impression the administration has something to hide. How could anybody look at what they are doing and not realize that is what they are doing. At the very least, it is clear that executive officials have deliberately slow- walked this important congressional inquiry.
Indeed, the administration has managed to drag its feet and frustrate congressional investigators for more than 1\1/2\ years since the Benghazi attack, limiting and delaying compliance for over 1 year since the first subpoena was issued.
The Obama administration's most recent abuse--a particularly egregious act--has been its long delay in releasing emails that were clearly responsive
to an earlier congressional subpoena. The administration only provided Congress these emails in mid-April after disclosing them as part of compliance with an outside group's Freedom of Information Act request, even though the emails were undeniably relevant and responsive to a lawful congressional subpoena, a subpoena issued in the summer of 2013, 7 months earlier.
This is the second time the Obama administration has simply passed on to Congress documents it has previously released to media and watchdog groups, a weak attempt at complying with a congressional subpoena. Now, that is an administration out of control, an administration not living up to the laws, an administration that is ignoring legitimate inquiries of the Congress, and an administration that seems to think it can get away with anything. More important, this episode demonstrates the careless and intentionally evasive approach the administration has taken in responding to congressional subpoenas. A simple FOIA request turned up multiple documents the administration admits are covered by a prior congressional subpoena and therefore should have been disclosed months earlier.
While the executive branch is obviously obliged to take all lawful requests seriously, it is outrageous this administration would treat a routine FOIA request from a private party with more care and serious attention than a lawfully issued subpoena from a coordinate branch of the Federal Government. I might add a coequal branch of the Federal Government, the Congress of the United States.
I wish I could say the Obama administration's conduct and the investigations into the Benghazi attack represented an anomaly, a unique instance in an otherwise respectful record of good-faith efforts to cooperate with congressional investigations and to respect Congress's legitimate authorities. Unfortunately, that simply isn't the case. Instead, we have experienced a pattern of obstruction, repeated instances of bad faith in responding to lawful information requests and subpoenas, and a fundamental disrespect of the laws and norms underlying the Constitution's separation of government powers.
We have all witnessed such abuse in this administration's handling of other high-profile investigations, such as the botched gun-walking exercise in Operation Fast and Furious. We routinely observe such hostility in more ordinary matters, as this administration regularly delays and often refuses to provide answers or produce information to Members of Congress.
As the ranking member of the Senate Finance Committee, I see this all the time, whether it is the refusal of the Treasury Department to explain how it deals with its statutory debt limit or the failure of the Department of Health and Human Services to respond to even the simplest questions about ObamaCare implementation. We see this hostility most transparently when the administration openly challenges the legitimacy of congressional investigations and when administration officials display outright contempt for proper lines of congressional inquiry.
None of this is to say that some assertions of executive privilege are not reasonable or even valid. Past administrations have often asserted privilege claims before Congress, and sometimes--sometimes-- they have done so aggressively. This area of law has relatively few judicial precedents. It is largely defined by past practice in which the distinction between legal requirements and prudential interests is often quite blurry. As such, we can expect some legitimate disagreement as to whether particular claims of executive privilege are within the bounds of reasonableness.
But fundamentally the text and structure of the Constitution enshrines a congressional right--and establishes a congressional duty-- to investigate executive branch activities. That is how through the years we have kept administrations straight. It is a very important part of our job on Capitol Hill.
Judicial precedents--as well as established practice between the legislative and executive branches stretching all the way back to the investigation of the St. Clair expedition under President George Washington in 1792--also affirm the rightful authority of Congress to require Presidential administrations to produce information in response to congressional requests.
Since the great constitutional clashes of the Watergate period, specific and binding precedents have detailed the requirement that administrations must seek to accommodate congressional information requests made in good faith, subject to adjudication by Federal courts. The Obama administration's actions clearly fall short of these basic obligations. Its abysmal record--highlighted most recently in the Benghazi email controversy--has demonstrated that executive officials are not acting in good faith to comply with legitimate congressional inquiries.
The administration's public efforts to delegitimize congressional investigations endangers not only the relationship between the current White House and this Congress but more fundamentally undermines the separation of government powers by attacking one of the most important checks on executive overreach.
The administration's expansive justifications squarely contradict the Supreme Court's command in United States v. Nixon that ``exceptions to the demand for . . . evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth.''
Even more troubling, the Obama White House has even attempted to undermine our congressional investigatory power at its core. This isn't hyperbole. The current administration actually had the audacity to argue in Federal court that a committee of Congress was categorically barred from asking the judiciary to enforce a subpoena that the executive branch had defied, a course of action implicit in the structure of our Constitution, demanded by the Supreme Court's jurisprudence, and recognized by courts for decades.
Thankfully, one of President Obama's own judicial appointees roundly rejected this astonishing claim, but that should give Members of this body very little comfort. By challenging the very authority of Congress to investigate executive abuses, by challenging the obligation of a Presidential administration to accommodate congressional inquiries in good faith, and by challenging the power of Federal courts to resolve such disputes, the Obama administration's actions represent a serious threat to our constitutional structure.
Indeed, this particular effort to undermine essential institutional checks and balances is part of a broader pattern of executive abuse-- one that includes the Obama administration's disregard for its obligations to enforce the law, its actions to exceed legitimate statutory authority, its attempts to defy specific requirements of duly enacted law, and its efforts to usurp legislative power from Congress.
I spoke at length last week about many such abuses of executive power by the Obama administration. I will continue to do so because I believe keeping the exercise of executive authority within lawful bounds is essential to the legitimacy of our government and to the liberties of our citizens. I recognize that doing so will require continual vigilance--by the courts, by the American people, and by those of us who serve in Congress.
This latest episode with the Benghazi emails--as well as the President's new pen-and-phone strategy--demonstrates quite clearly that the Obama administration has not shown any signs of relenting in its executive overreach.
This unprecedented pattern of executive abuse comes from a President who promised unprecedented transparency and who regularly criticized his predecessor's use of executive power, including in the context of executive privilege.
The administration's actions demand a redoubling of Congress' investigative efforts. I urge the majority leader to join the House to form a joint select committee on the Benghazi terrorist attack and its aftermath.
I know many of my friends on the other side of the aisle--not to mention the Obama administration itself--have convinced themselves that this investigation is simply a partisan exercise, apparently prompting them to ignore the institutional struggle between Congress and the Executive.
I just wonder: What would have happened had Robert C. Byrd been our majority leader, as he was for so long? He
would not have put up with this for 1 minute. He would have asserted this institution's authority and this institution's responsibility-- Congress' responsibility, if you will--to get to the bottom of this.
I served on the Iran-Contra special committee. It is not a bad thing for us to investigate an administration that appears to be out of whack, appears to be ignoring the basic tenets of the law, and appears to be hiding information from the public. Forget the public right now. How about the Congress? It is hard to respect an administration that acts like this.
We should be eager to get to the bottom of the circumstances surrounding the Benghazi attack, and my friends on the other side ought to quit trying to protect the administration when they know these are serious charges. These are serious matters. We have an obligation to get to the bottom of it, and let the chips fall where they may. There were four deaths here of heroes.
All the Members of this esteemed body--whether Democrat or Republican--should demand that Congress' institutional prerogatives are preserved and defended.
As members of the legislative branch, we have the fundamental right-- and the accompanying duty--to exercise a lawful oversight function. When any Presidential administration engages in extreme resistance and demonstrates an unwillingness to cooperate with legitimate congressional investigations, we all--not just people on this side-- have an institutional obligation to defend our rightful constitutional prerogatives.
These executive abuses matter. The Obama administration has clearly and consistently overstepped its authorities and ignored its obligations under our Constitution and Federal law. This overreach threatens the rule of law, and it undermines the governmental checks and balances necessary to secure our liberties as Americans.
President Obama promised unprecedented transparency that would restore trust and confidence in government. But his administration's lawless actions have heightened the need for more robust and effective congressional oversight.
As even a liberal Washington Post columnist opined earlier this week, ``The Obama White House can blame its own secrecy and obsessive control over information'' for the heightened scrutiny of its questionable activities.
Oversight investigations are a critical tool that Congress must use effectively to promote government accountability. The Obama administration's escalating strategy of stonewalling, even to the point of ignoring legal obligations and longstanding norms, now threatens our rightful role in calling the executive branch to account.
Indeed, the basic assumption that underlies the Constitution's plan of government, as James Madison explained in Federalist 47 and 51, is that:
The accumulation of all powers, legislative, executive, and
judiciary, in the same hands, whether of one, a few, or many,
and whether hereditary, self-appointed, or elective, may
justly be pronounced the very definition of tyranny. . . .
But the great security against a gradual concentration of the
several powers in the same department, consist in giving to
those who administer each department the necessary
constitutional means and personal motives to resist
encroachments of the others.
The provision for defense must in this, as in all other
cases, be made commensurate to the danger of attack. Ambition
must be made to counteract ambition.
As Madison explained, it is incumbent upon each of us to insist on Congress' right and duty to investigate the executive branch, and to ensure that the administration abides by the most basic--the most fundamental--requirements of our constitutional system.
We owe the American people--not to mention the families of those who perished--a meaningful investigation of the Benghazi attack, not just to find answers to remaining questions but to affirm that this is still a Nation of laws and that the people's elected representatives are still capable of pursuing the truth and holding the executive branch accountable for its actions.
This is a matter of great concern to me, and I am sure it is to a lot of people who are starting to realize that there is a stonewalling like we haven't seen since Richard Nixon.
I don't know that the President has done this personally. I hope not. But he has to look into it.
If he doesn't, then I think it is up to the majority in this body to hold the administration to account, with the help of the minority, and to not have them ignore, disregard, and treat with contempt the rightful oversight that we have an honor and an obligation to do up here. This is really a very serious set of problems as far as I am concerned. I hope the President will get after his people down there.
I think one of the problems is we have a lot of young people in the White House right now who haven't had the experience. On the other hand, some of these things are so deliberate that we can't blame it on lack of experience. These folks know and the people in the Justice Department know. To have withheld these emails the way they did, knowing they were crucial to any investigation, is something we should not tolerate here in the Senate.
Madam President, I suggest the absence of a quorum.