Mr. President, I thank the Senator from Texas for his remarks. I do appreciate the encouragement he has given both Senator Shelby and me in getting the appropriations bills through. He has been here long enough. He knows this is the way…
Mr. President, I thank the Senator from Texas for his remarks. I do appreciate the encouragement he has given both Senator Shelby and me in getting the appropriations bills through. He has been here long enough. He knows this is the way the Senate should work. We have done it in a bipartisan way, and we are way ahead of where we have been at any time in the past 2 years.
I also want to applaud the senior Senator from Maine. She sits on the Appropriations Committee. We have served together there throughout our careers, and she is a valuable member of that committee. She is one who has helped put together, with her Democratic counterpart, good legislation that is included. In fact, there was nearly a unanimous vote in the Appropriations Committee. Most of this has been either unanimous or virtually unanimous. I say that because some have felt that, in the Senate lately, you could not get a majority vote even to say the Sun rises in the East. But here we have been doing majority votes on things that involve everywhere from Alaska to Vermont. I am pleased with it.
Nomination of Brett Kavanaugh
Mr. President, I take the floor in my role as vice chairman of Appropriations in managing this bill, but I am going to digress, as others have, for a few minutes and speak about something else.
We are now less than 2 weeks away from Judge Kavanaugh's confirmation hearing before the Senate Judiciary Committee. We are 2 weeks away, and according to the National Archives, the committee has received only 6 percent of his total White House records. This is virtually unprecedented--6 percent of his records and not a single one of the records we have received has been provided by the National Archives. That is because the Archives will not complete its review of the limited number of records requested by Chairman Grassley until October, which is a month after the majority leader intends to hold a final vote on Judge Kavanaugh.
Actually, to date, every single record that we have received from the Judiciary Committee has been hand selected by a political lawyer representing President George W. Bush. He is a partisan lawyer who reported directly to Judge Kavanaugh in the Bush White House, a lawyer who also represents White House Counsel Don McGahn, Steve Bannon, and Reince Priebus in the Russia investigation. I mention this because he has been very selective in the very few things we have been allowed to see.
I mention this because this is in stark contrast to past precedent. Let me talk about the vetting of Justice Kagan, who, like Judge Kavanaugh, had served in the White House prior to her nomination. I was chairman of the Judiciary Committee at that time. I worked hand in hand with then-Ranking Member Jeff Sessions to ensure that we received every document of interest to the committee. Certainly, on behalf of the Republicans, Senator Sessions demanded an awful lot of records, and I worked with him to get them. In fact, when we were 12 days away from Justice Kagan's hearing, we had already received a full 99 percent of her White House records--99 percent.
I mention that because now, at the same time with Judge Kavanaugh, we are at 6 percent. The Republicans have allowed 6 percent, and the Democrats allowed 99 percent. Does this make the confirmation hearing a partisan joke?
In fact, every single one of Justice Kagan's records was provided by the nonpartisan National Archives. The 6 percent of Judge Kavanaugh's records has been provided by a political, partisan, hyperconflicted attorney. I mean that just on the face of it, it does not pass the giggle test. The Democrats provided from the nonpartisan National Archives 99 percent of Justice Kagan's records. Here we are getting only 6 percent of Judge Kavanaugh's records, and they have been picked by a political, partisan attorney with hyperconflicts.
The superficial vetting of Judge Kavanaugh is all the more troubling because there are still serious concerns about the last time he testified before the Senate. During his 2006 nomination hearing for the DC Circuit Court of Appeals, Judge Kavanaugh minimized his work on highly controversial issues in the Bush White House, including on detainee treatment and warrantless wiretapping. It is now clear that we will only know the full truth if we get his full record. With anything less, we will be, simply, rushing to a verdict before the trial.
Based on the very limited documents they have allowed us to see, there is an additional reason to be concerned. The committee has received new evidence that sheds light on whether Judge Kavanaugh was truthful while under oath in 2006. Unfortunately, I cannot even describe these documents because they have kept them in a classified or confidential forum, and the American people cannot see them. That is because nearly two-thirds of the documents the Judiciary Committee has received have been designated as ``committee confidential'' by Chairman Grassley, following the request of the partisan attorney on whom the Senate is relying to do the job of the nonpartisan National Archives. To date, that means that two percent of Judge Kavanaugh's White House records have been made available to the American people--2 percent-- compared to 99 percent for Justice Kagan, and they have selected what that 2 percent is. Golly, what is in the other 98 percent they don't want us to see?
I have served in this body for 44 years. I have been here for every Supreme Court nomination since John Paul Stevens. I have voted for a lot of Republicans and Democrats on the Supreme Court. For 20 years, I served as the chairman or as the ranking member of the Senate Judiciary Committee. In those 44 years, I can tell you, frankly, that the vetting of Judge Kavanaugh has been the most incomplete, most partisan, and least transparent of any Supreme Court nominee I have ever seen of either a Democratic or a Republican President. It has not been even close. I have taken the experience I have had here with Democrats and Republicans as President. In 44 years, I have never seen such incomplete, partisan, or nontransparent vetting.
Yesterday, I met with Judge Kavanaugh--a very pleasant man. I had the opportunity to ask him about many issues, including about his work in the Bush White House. Following our meeting, I believe even more strongly that the documents he authored or contributed to during his 3 years as White House Staff Secretary should be released and made public now. What he wrote is far more important than what his personality might be. Let's find out what he wrote. That will tell us what kind of a Supreme Court Justice he would be apt to be.
A vigilant review of the Supreme Court nominee's full record isn't an optional matter. It shouldn't be dependent upon which party controls the White House or the Senate. Again, in 44 years, I have seen very vigilant reviews of Supreme Court nominees by both Republicans and Democrats. That is the way it should be, and I have agreed with that every single time. Yet never, never have I seen something like this. Never, never have I seen one's record hidden the way this one has been. It is undeniable that documents of clear public interest are being hidden from the American people--documents that will shed light on both his views and on his fitness to serve on our Nation's highest Court.
Wearing blinders in this moment is fundamentally incompatible with our constitutional obligation to provide advice and informed consent. The Senate is supposed to be the conscience of the Nation. It is a sad conscience.
The Federal judiciary stands alone. Unlike in any other branch of our government, the Justices, for good reason, never face the scrutiny of the electorate. Once a Supreme Court Justice is confirmed, he or she will serve for life. Barring impeachment, which has happened just once in our Nation's history, they essentially serve with no oversight.
The Senate has no second chance when it comes to vetting a nominee. We have to get this right. We can't have a vote now and 2 months from now get the records and say: Oh, golly gee, if we had known this, we would have voted differently.
We have to have all of the records now and then vote. There is time to do so. The Senate should not be focused on getting Judge Kavanaugh confirmed by October 1--some artificial deadline. Instead, the Senate should be focused
on doing its job. That requires allowing the National Archives to complete its review of Judge Kavanaugh's record as required by the Presidential Records Act.
At a time when the President is facing unprecedented legal jeopardy, it would be an extraordinary disservice to the American people to break all precedence and confirm his selection to the Supreme Court without there being an actual review.
Have the review. Then, every Senator--he or she--can make up his mind on how he is going to vote. Don't vote blindly without having all of the material. The fact that Judge Kavanaugh has a longer record than prior Supreme Court nominees--something the President was keenly aware of when he selected him--does not excuse the Senate from doing its job, because, if confirmed, he is going to shape the lives of all Americans for generations to come.
If, when the National Archives completes its review in October we learn that we did not get it right, it will fall squarely on the shoulders of this body. If the Senators rush this and find out later that there was material there they should have seen, they will have absolutely no excuse whatsoever because they will have concurred in the rushing. We should set this partisan vetting aside. We should work together, as we have in the past, to actually vet Judge Kavanaugh's record in a way that honors our constitutional obligation--the job the American people sent us here to do.
I feel honored to be here as a U.S. Senator from the State of Vermont. I do strongly believe, as I did when I first came here, that this body can be the conscience of the Nation. We aren't following our conscience if we don't do the real work to find out what we are voting on. We have voted on a lot of things. Some have been routine. This is not. This is to vote for a person who will serve on the U.S. Supreme Court long after most of us will have left this body. We owe it to all Americans--I don't care what their politics are or where they are from--to get it right. That is what our oath calls for. That is why we are here.
I have voted more than all but three or four people in the history of this country. Every time I vote, I am hoping I am doing it right, and I try to do it in an informed way.
I know we are going to go back now to the appropriations bills, but here is a case in which I think we have done things right. Senator Shelby is the chairman, and I am the vice chairman. It is one of only three committees that has a vice chairman. We have worked very closely together, and we have done it in a way to get bills through in a bipartisan fashion. We actually work the way the Senate did when I first came here, which is the way the Senate has worked under great leaders on the Democratic side, like Mike Mansfield, or on the Republican side, like Howard Baker, and we have gotten things done.
I am proud of the Appropriations Committee, but I am concerned about the Judiciary Committee. I have had the privilege of serving on it for over 40 years and have had the privilege of being chairman and ranking member. Yet I have to say that it is not doing its job if it is not requiring all of the material to be here. On the Appropriations Committee, Senator Shelby and I work to make sure that everybody is heard and everybody has the material. We should be doing the same thing on the Judiciary Committee.
I see the chairman of the committee is on the floor, and I have spoken on the matter on which I wanted to speak.
I yield the floor.
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, there have been a number of headline- grabbing days during the first 18 months of the Trump administration, and I think yesterday is going to rank among the
most extraordinary. But for this Senator from Vermont, it has been the most troubling.
The President of the United States was effectively identified by his long-time lawyer and confidant as an unindicted co-conspirator in their efforts to commit criminal campaign finance violations. If what they are saying is true, what his confidant is pleading guilty to is that then-Candidate Trump arranged payments to two women he had affairs with, in violation of Federal law, in order to keep those affairs hidden from the American people at a most critical time, days before the election.
Further, last night, the lawyer for Mr. Cohen claimed that his client also has information relevant to whether President Trump had advance knowledge--and even supported--the hacking of Democratic electronic files. We know that he gave a speech at one point saying that if Russia is listening, they should hack. That crime, which we know was committed at the direction of Russian President Vladimir Putin, serves as a basis for Special Counsel Robert Mueller's investigation.
Also yesterday, within minutes of Mr. Cohen's entering his guilty plea, a jury found the President's former campaign manager guilty of numerous tax and bank fraud charges. Paul Manafort will now face a separate trial concerning his work for a Putin-connected oligarch both in Ukraine and here at home. In this second trial, scheduled to begin next month, Mr. Manafort has been charged with conspiracy to defraud the United States, failing to register as a foreign agent, and money laundering, among other charges.
The clouds of criminal conduct surrounding those close to the President are darkening. Directly or indirectly, his campaign manager, personal attorney, and multiple aides have now been swept up in the Special Counsel's investigation. This probe has resulted in numerous guilty pleas and 34 criminal indictments. And it is not complete.
I have watched, both as a Senator and as a former prosecutor, and it is so troubling. I know one thing; it is crucial that the special counsel be permitted to complete his investigation and to do so without the daily--often hourly--interference from the President. During my four decades in the Senate, I have never before seen an investigation led by career, apolitical law enforcement officials so personally and publicly maligned by a politician--let alone by the President of the United States. No one is above the law, and the President should stop acting as though he is.
I would also urge the Majority Leader to immediately bring the bipartisan legislation to protect the Special Counsel to the Floor. We passed this legislation out of the Senate Judiciary Committee with a bipartisan vote. Anyone who says that the President can be trusted not to undermine the Special Counsel has clearly not been paying attention. Think of all of the tweets he sent as the Manafort trial was going on. Do you think those weren't seen directly or indirectly by those involved in the trial? We know that the judge made clear his opposition to the prosecution, and the jury also had to listen to the President's tweets. Just think of what that does.
It is equally critical that the Senate reassert its oversight responsibility over the Executive Branch--something for which we have advocated. If these were normal times, the Senate Judiciary Committee would immediately pursue an investigation.
Indeed, the Judiciary Committee is uniquely situated to investigate the allegation raised by Mr. Cohen. The Committee has jurisdiction over our criminal laws, including our campaign finance laws. Mr. Cohen's lawyer has indicated that he is willing to testify before Congress without being granted immunity--pretty extraordinary.
It is difficult to reconcile the Judiciary Committee's inaction here with one of the most critical constitutional crises we have seen-- certainly since I have been in the Senate, and I have been here for 44 years.
It is difficult to reconcile the Judiciary Committee's inaction with its race to confirm President Trump's nominee to the Supreme Court. In fact, the timeline the Republicans are pursuing to consider Judge Kavanaugh is so aggressive that it will sideline the nonpartisan review of the nominee's record performed by the National Archives. That has occurred for every Supreme Court nominee since Watergate, whether Republican or Democratic.
I mentioned earlier today that when I was chairman, Justice Kagan was up, and the Republicans asked for her records. We got 99 percent of them. I went to the Archives. I joined with the senior Republican, Jeff Sessions, on the Committee to request them. We got 99 percent of those records before the hearing. We have 6 percent of Judge Kavanaugh's records. And those were handpicked by a lawyer whose clients include, among others, Stephen Bannon and other very partisan clients.
The Russia investigation is the most pressing national security investigation of our time. Here we have a powerful country--Russia-- that is working against us. We know it. We can just pick up the paper. Without going to any of the classified hearings that most of us have been to, we can read what is in the paper about the hacking Russia has done and the billions of dollars it has cost people and the hacking that continues to this moment against the United States. This is the Russia that the President publicly called upon during a campaign rally to hack his opponent's computers. We know from what we have seen and what our intelligence community has told us that they did try to influence the last election, and we do know they intend to try to influence the elections this year, not only in our country but in other countries. This is a major problem, and it is being ignored.
I think history is going to judge all of us in the U.S. Senate very harshly if we collectively shrug our shoulders and disregard our constitutional responsibility to oversee the Executive Branch in this moment. We represent a coequal branch of government. It is time to act like it.
Mr. President, I was going to suggest the absence of a quorum, but I see one of my distinguished colleagues on the floor, so I will simply yield the floor.
Mr. President, when Justice Kagan was up for nomination, I was chairman of the Senate Judiciary Committee. I, along with then Ranking Member Jeff Sessions, sent a letter saying that we needed all of her White House records. We received 99 percent of those records.
Now for Judge Kavanaugh's nomination we are told, after being carefully selected, that we can only have 3 percent of his records. It is an interesting standard. Republicans want all of it when there is a Democratic President, for a woman who was nominated by a Democrat. Now, when the Republicans nominate this man, they say: We will selectively give you 3 percent. It is an interesting double standard. It makes me wonder what there is to hide in there. Why not take the time to see it all?
If I am going to vote on a lifetime appointment--I voted for a lot of Republican nominees for the Supreme Court and other courts--I want to see the whole record. I don't want, a month after I voted, more to come out in the record and to think: Whoops, who knew about that? We had this happen with one judge already after they were confirmed to a lifetime appointment. The final records came out, and we found out what they did with issues of torture and other things. It was bad.
Amendment No. 3993 to Amendment No. 3699
Mr. President, I have an amendment at the desk, and I ask unanimous consent that it be reported by number.
Mr. President, earlier I talked about what has happened on the Manafort and Cohen matters yesterday. I understand the great amount of consternation there is at the other end of Pennsylvania Avenue. Having been a prosecutor, I can understand why there is consternation.
I note for my colleagues that we passed in the Senate Judiciary Committee a bipartisan bill--Republican and Democrats voted for the bill--to protect the special prosecutor. There
are those of us who are old enough to remember when Richard Nixon fired the special prosecutor in the Watergate matter and the great constitutional problems that followed. It was something the country suffered over for years, and we want to make sure we don't have another firing like we did in the Watergate matter. So we wrote this bill. Again, Republicans and Democrats voted for it. It could be brought up anytime by the leadership, if they wished. I am hoping that it will be brought up. I am hoping we can bring it to the floor and we can have a vote. I know we had a good debate--again, Republicans and Democrats--in the Judiciary Committee, and I would like to see it voted on.
I notice we are at the hour of 3:30, and I know the Presiding Officer has a ruling to make, so I will withhold.