General Leave
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H. Con. Res. 24. Mr. Speaker, I yield myself such time as I may consume. Mr.…
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H. Con. Res. 24.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H. Con. Res. 24 expresses the sense of Congress that any report Special Counsel Robert Mueller delivers to the Attorney General should be released to the public and to Congress. This concurrent resolution is important for several reasons.
First, transparency is fundamental to the special counsel process, especially when dealing with matters of national security involving the President.
In January 2017, the U.S. intelligence community unanimously reported that ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the U.S. Presidential election'' and that ``Putin and the Russian Government developed a clear preference for President-elect Trump.'' As a result of the importance of this charge and the clear conflict of interest in a matter involving the President, Robert Mueller was appointed as special counsel by the Acting Attorney General ``in order for the American people to have full confidence in the outcome.''
This is why in the only other instance involving the appointment of a special counsel under the regulations, concerning the Waco tragedy, the special counsel's report was released in full by the Attorney General.
Second, this resolution is critical because of the many questions and criticisms of the investigation raised by the President and his administration. It is
important that Congress stand up for the principle of full transparency at a time when the President has publicly attacked the Russian investigation more than 1,100 times and counting. Among other things, the President has repeatedly referred to the investigation as a ``witch hunt'' and called it a ``hoax,'' ``rigged,'' and a ``scam.''
This resolution is also needed because high-ranking DOJ officials have indicated that they may not release information about individuals who are not indicted. Deputy Attorney General Rosenstein stated last month that ``if we aren't prepared to prove our case beyond a reasonable doubt in court, then we have no business making allegations against American citizens.''
This normally salutary policy must not apply in the event the Department adheres to its policy that it cannot indict a sitting President. To maintain that a sitting President cannot be indicted no matter how much evidence there is because he is a sitting President, and then to withhold evidence of wrongdoing from Congress because the President cannot be charged, is to convert DOJ policy into the means for a coverup.
Third, releasing the Mueller report, even in its entirety, does not absolve the Department of Justice of its obligation to provide Congress with the underlying evidence uncovered by the special counsel. This expectation is well grounded in precedent set by the Department just in the last Congress in connection with three Republican-led investigations into Hillary Clinton's emails, the dismissal of former FBI Acting Director McCabe, and allegations of bias concerning the Russian investigation.
With respect to the investigation involving Secretary Clinton's emails, this included the Department of Justice releasing to Congress more than 880,000 pages of documents regarding the FBI's decisionmaking, identifying to Congress the names of career officials involved in the charging decision, identifying to Congress specific court cases relied on in the charging decision, and making numerous DOJ and FBI personnel available to Congress for transcribed interviews.
With respect to the dismissal of former Acting Director McCabe, this included releasing to Congress all documents relied on by the Office of Professional Responsibility in making its decision.
With respect to claims of bias in the Russian investigation, this included not only releasing to the public an otherwise classified foreign intelligence application, but also releasing to Congress: one, all underlying documents and communications involving the FISA applications; two, four memos detailing the former FBI Director's communications with the President; three, materials pertaining to classified briefings involving the Trump and Clinton Presidential campaigns; and four, making even more DOJ and FBI officials available for a total of 21 transcribed interviews and hearings.
These precedents make clear the obligation of the Department of Justice to release all evidence with respect to the Russian investigation.
A vote for this resolution will send a clear signal to both the American people and to the Department of Justice that Congress believes transparency is a fundamental principle necessary to ensure that government remains accountable to the public.
Mr. Speaker, I urge my colleagues on both sides of the aisle to join me in supporting this commonsense resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Waters), the distinguished chairwoman of the Financial Services Committee.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Schiff), the distinguished chair of the Intelligence Committee.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. Ted Lieu), a member of the Judiciary Committee.
Mr. Speaker, I yield 1 minute to the gentleman from Colorado (Mr. Neguse), a member of the Judiciary Committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Tennessee (Mr. Cohen), the distinguished chairman of the Subcommittee on Constitution, Civil Rights and Civil Liberties.
Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from Washington (Ms. Jayapal), a member of the Judiciary Committee.
Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Doggett), the sponsor of this legislation to ensure that the work of the special counsel is not suppressed and will offer valuable assistance on today's resolution.
Mr. Speaker, how much time do I have remaining?
Mr. Speaker, I yield 1 minute to the gentleman from Connecticut (Mr. Himes).
Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee), a member of the Judiciary Committee.
Mr. Speaker, I yield 1 minute to the gentlewoman from Ohio (Ms. Kaptur).
Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Hoyer), the distinguished majority leader.
(Mr. HOYER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, contrary to what the gentleman from Georgia implied a few
minutes ago, that we shouldn't be wasting our time on this because it only restates what the regulations require and the Judiciary Committee ought to be spending its time more productively, I simply want to say, first, that the Democratic House majority and the Judiciary Committee are not focused on the President to the exclusion of our legislative priorities.
In the 2 months since we organized, the Judiciary Committee has passed H.R. 8, the Bipartisan Background Checks Act of 2019, through the House and has passed H.R. 1112, the Enhanced Background Checks Act of 2019, through the House. H.R. 1585, the Violence Against Women Reauthorization Act of 2019, passed through the committee. We have passed H.R. 1, the For the People Act of 2019, through the House.
The Judiciary Committee has also held a hearing to begin the process of reauthorizing the Voting Rights Act and held a hearing to examine the state of competition in the healthcare industry, as well as the T- Mobile-Sprint merger.
We have introduced H.R. 5, the Equality Act; H.R. 1327, the Never Forget the Heroes: Permanent Authorization of September 11th Victim Compensation Fund Act; and the American Dream and Promise Act of 2019, the so-called Dreamers bill.
These are some of the things we have been doing besides looking into the possible misconduct by the President.
In closing, I would like to include the following items in the Record:
First, the U.S. Intelligence Community report concluding that Vladimir Putin ordered a misinformation campaign directed against the 2016 Presidential election and displayed a clear preference for then- candidate Donald Trump.
Assessing Russian Activities and Intentions in Recent US Elections
(January 6, 2017)
key judgments
Russian efforts to influence the 2016 US presidential
election represent the most recent expression of Moscow's
longstanding desire to undermine the US-led liberal
democratic order, but these activities demonstrated a
significant escalation in directness, level of activity, and
scope of effort compared to previous operations.
We assess Russian President Vladimir Putin ordered an
influence campaign in 2016 aimed at the US presidential
election. Russia's goals were to undermine public faith in
the US democratic process, denigrate Secretary Clinton, and
harm her electability and potential presidency. We further
assess Putin and the Russian Government developed a clear
preference for President-elect Trump. We have high confidence
in these judgments.
We also assess Putin and the Russian Government aspired to
help President-elect Trump's election chances when possible
by discrediting Secretary Clinton and publicly contrasting
her unfavorably to him. All three agencies agree with this
judgment. CIA and FBI have high confidence in this judgment;
NSA has moderate confidence.
Moscow's approach evolved over the course of the campaign
based on Russia's understanding of the electoral prospects of
the two main candidates. When it appeared to Moscow that
Secretary Clinton was likely to win the election, the Russian
influence campaign began to focus more on undermining her
future presidency.
Further information has come to light since Election Day
that, when combined with Russian behavior since early
November 2016, increases our confidence in our assessments of
Russian motivations and goals.
Moscow's influence campaign followed a Russian messaging
strategy that blends covert intelligence operations--such as
cyber activity--with overt efforts by Russian Government
agencies, state-funded media, third-party intermediaries, and
paid social media users or ``trolls.'' Russia, like its
Soviet predecessor, has a history of conducting covert
influence campaigns focused on US presidential elections that
have used intelligence officers and agents and press
placements to disparage candidates perceived as hostile to
the Kremlin.
Russia's intelligence services conducted cyber operations
against targets associated with the 2016 US presidential
election, including targets associated with both major US
political parties.
We assess with high confidence that Russian military
intelligence (General Staff Main Intelligence Directorate or
GRU) used the Guccifer 2.0 persona and DCLeaks.com to release
US victim data obtained in cyber operations publicly and in
exclusives to media outlets and relayed material to
WikiLeaks.
Russian intelligence obtained and maintained access to
elements of multiple US state or local electoral boards. DHS
assesses that the types of systems Russian actors targeted or
compromised were not involved in vote tallying.
Russia's state-run propaganda machine contributed to the
influence campaign by serving as a platform for Kremlin
messaging to Russian and international audiences.
We assess Moscow will apply lessons learned from its Putin-
ordered campaign aimed at the US presidential election to
future influence efforts worldwide, including against US
allies and their election processes.
Second, I include a February 22, 2019, letter to the Attorney General from six House committee chairs expressing the expectation that the Mueller report will be made public and that the Department will make the underlying investigative materials available to committees upon request.
Congress of the United States,
House of Representatives,
Washington, DC, February 22, 2019.
Hon. William P. Barr,
Attorney General, U.S. Department of Justice,
Washington, DC.
Dear Mr. Attorney General: Recent reports suggest that
Special Counsel Robert Mueller may be nearing the end of his
investigation into ``any links and/or coordination between
the Russian government and individuals associated with the
campaign of President Donald Trump'' and other matters that
may have arisen directly from the investigation. As you know,
Department of Justice regulations require 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.''
After nearly two years of investigation--accompanied by two
years of direct attacks on the integrity of the investigation
by the President--the public is entitled to know what the
Special Counsel has found. We write to you to express, in the
strongest possible terms, our expectation that the Department
of Justice will release to the public the report Special
Counsel Mueller submits to you--without delay and to the
maximum extent permitted by law.
There also remains a significant public interest in the
full disclosure of information learned by the Special Counsel
about the nature and scope of the Russian government's
efforts to undermine our democracy. To the extent that the
Department believes that certain aspects of the report are
not suitable for immediate public release, we ask that you
provide that information to Congress, along with your
reasoning for withholding the information from the public, in
order for us to judge the appropriateness of any redactions
for ourselves.
We also expect that the Department will provide to our
Committees, upon request and consistent with applicable law,
other information and material obtained or produced by the
Special Counsel regarding certain foreign actors and other
individuals who may have been the subject of a criminal or
counterintelligence investigation. This expectation is well-
grounded in the precedent set by the Department in recent
years. In other closed and pending high-profile cases
alleging wrongdoing by public officials, both the Department
and the FBI have produced substantial amounts of
investigative material, including classified and law
enforcement sensitive information, to the House of
Representatives.
Finally, although we recognize the policy of the Department
to remain sensitive to the privacy and reputation interests
of individuals who will not face criminal charges, we feel
that it is necessary to address the particular danger of
withholding evidence of misconduct by President Trump from
the relevant committees.
If the Special Counsel has reason to believe that the
President has engaged in criminal or other serious
misconduct, then the President must be subject to
accountability either in a court or to the Congress. But
because the Department has taken the position that a sitting
President is immune from indictment and prosecution, Congress
could be the only institution currently situated to act on
evidence of the President's misconduct. To maintain that a
sitting president cannot be indicted, and then to withhold
evidence of wrongdoing from Congress because the President
will not be charged, is to convert Department policy into the
means for a cover-up. The President is not above the law.
Thank you for your consideration.
Sincerely,
Rep. Jerrold Nadler,
Chairman, House Committee on the Judiciary.
Rep. Elijah Cummings,
Chairman, House Committee on Oversight and Reform.
Rep. Adam Schiff,
Chairman, House Permanent Select Committee on Intelligence.
Rep. Eliot Engel,
Chairman, House Foreign Affairs Committee.
Rep. Maxine Waters,
Chairwoman, House Committee on Financial Services.
Rep. Richard Neal,
Chair, House Ways and Means Committee.
Third, the introduction to the final report to the Deputy Attorney General concerning the 1993 confrontation at the Mount Carmel complex.
Introduction
This Report contains the findings of the Special Counsel in
response to the questions directed to him by Attorney General
Janet Reno in Order No. 2256-99, dated September 9, 1999. The
questions pertain to the 1993 confrontation between federal
law enforcement officials and the Branch Davidians at the Mt.
Carmel complex near Waco, Texas. The Report is issued
pursuant to Section (e) of Order No. 2256-99 which provides,
in relevant part, that the Special Counsel shall submit ``to
the maximum extent possible . . . a final report . . . in a
form that will permit public dissemination.''
The Office of Special Counsel has organized the Report in
the following format:
(I) a description of the Issues investigated by the Special
Counsel;
(II) the Conclusions of the Special Counsel;
(III) a description of the Investigative Methods used by
the Special Counsel;
(IV) a Statement of Facts relevant to the Special Counsel's
investigation;
(V) Exhibits to the text of the Report; and
(VI) Appendices that include a narrative summary of the
relevant beliefs and practices of the Branch Davidians, a
summary of expert findings, a chronological table of events,
and the reports of experts retained by the Office of Special
Counsel.
And fourth, the Department of Justice commentary interpreting the special counsel regulations.
I would also like to say, Mr. Speaker, that one reason for this resolution, given the fact that Mr. Barr, the Attorney General, has, in fact, said that he would want to release as much as possible--and we appreciate that statement--but he and Mr. Rosenstein, the Deputy Attorney General, as I mentioned in my opening remarks, have both cited the Department policy not to comment on the conduct of someone not indicted.
That leads us to expect that a misapplication of the normal Department policy to a sitting President of not commenting on someone who is not indicted, the application of that normally good policy to a sitting President who the Department believes cannot be indicted because he is a sitting President, would, in fact, greatly limit the ability of the Department or the willingness of the Department to release information in the report to the Congress and to the public.
One of the reasons for this resolution is that we want to say, no, you cannot use that normally salutary policy to convert the Department's policy of never indicting a sitting President into a coverup that you can't comment or give to the Congress information about that.
If you can't indict a sitting President and you can't give the information to Congress, then you are holding the President above the law, and you are frustrating Congress' ability to do its job of holding an administration accountable.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Hurd).
Mr. Speaker, I yield 15 seconds to the gentleman from Georgia (Mr. Collins).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, for all the reasons stated by all the people who spoke in favor of this resolution, myself and everyone else, I urge adoption of the resolution. I urge everyone to vote for it. It is a very important resolution to maintain the rule of law in this country
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.