Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, this week we have to decide whether Senator Sessions, somebody whom many of us have known and worked with for many years--I certainly…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, this week we have to decide whether Senator Sessions, somebody whom many of us have known and worked with for many years--I certainly have during all of the time he has been in the Senate--is the right person to lead the Department of Justice. I thought long and hard on it. I decided he is not. I would like to share a few reasons why.
In fact, the Trump administration itself underscored what is at stake with this nomination. When the administration accused Acting Attorney General Sally Yates of having ``betrayed the Department of Justice,'' it exposed a view of the Justice Department that is disturbing and dangerous. The claim that Ms. Yates ``betrayed'' the Department by refusing to defend the President's illegal and shameful Executive order--you have to believe that in the Attorney General's office, your job is to defend the President at all costs. That is wrong. I think Senator Sessions knows that.
There is a reason the Justice Department is not led by a Secretary of Justice: the Attorney General is the people's attorney, not the President's attorney. The Trump administration has already shown us why this distinction
matters. Within its first two weeks, the current administration found itself rebuked in numerous Federal courts around the country. Its extreme agenda cast a shadow over all the President's nominees. This is an administration that was even criticized yesterday by a very conservative Republican, John Yoo, in a New York Times op-ed entitled, ``Executive Power Run Amok.'' You know there is a problem when the same man who twisted the law in order to green-light torture thinks you have gone too far.
The President seems to have a penchant for going too far. During the campaign he promised--and he said this a number of times; it was covered in the press--he would implement a Muslim ban. He actually stood before the cameras and said that. As President, he then signed an Executive order that barred immigration from certain Muslim-majority countries but created an exception that gave preference to members of minority religions in those countries; that is, non-Muslims. He even spoke to a Christian press organization stating he would protect Christians. That is nothing more than a Muslim ban by another name.
My parents and grandparents fought religious biases in this country. I have always felt one greatness of this country is when we said there would be no religious bias and we would actually stand up for the First Amendment. The First Amendment says you can practice any religion you want or none if you want, and it gives you freedom of speech. Now if you have a country and a government that protects your right to practice any religion you want and protects your right of free speech, then that same government is protecting diversity, and if you have diversity, it is very easy to have democracy.
When a Federal judge in Washington State temporarily blocked this order, President Trump did not express respectful disagreement as every President I have ever known, Republican or Democrat, would. He took to Twitter--Twitter, like a teenage kid--to attack the judge's legitimacy, labeling him a ``so-called judge.'' President Trump attempted to blame this judge who was nominated by a Republican President and confirmed by a Republican-led Senate for any future terrorist attack on this country. The President's words are beyond outrageous. It is almost as though he wants to precipitate a constitutional crisis.
That is why the question of who should be our next Attorney General is so critical. This is a President who must have an Attorney General who is willing to stand up and say no for going beyond the law. Sally Yates knew that. Two years ago, Senator Sessions asked Ms. Yates: ``Do you think the Attorney General has a responsibility to say no to the President if he asks for something that's improper? A lot of people have defended the Lynch nomination, for example, by saying, well, he appoints somebody who's going to execute his views. What's wrong with that? But if the views the President wants to execute are unlawful, should the Attorney General or the Deputy Attorney General say no?''
Ms. Yates answered that her duty was to the Constitution. Just two years later she proved that by telling the President that his travel ban was indefensible under the law. Perhaps she was remembering the commitment she made to Senator Sessions, and that is exactly what she did.
Many around Senator Sessions felt that she never should have stood up to President Trump. She should stand up to President Obama but not President Trump.
I have reviewed Senator Sessions' long record. I have reviewed his responses to many questions from members of the Senate Judiciary Committee. I am not convinced that he is capable of telling the President no.
Under oath, Senator Sessions denied that he was involved in creating the Muslim ban Executive order. Well, I will take him at his word, but Senator Sessions' views on this issue are well known to Members of the Senate Judiciary Committee. In 2015 I offered a simple resolution in the committee. It expressed the sense of the Senate that the United States must not bar individuals from entering into the United States based on their religion--a very simple resolution. Every Democrat, most of the Republicans--including the Republican chairman, Senator Grassley--voted in support of my resolution. The committee recognized that imposing a religious test for those who seek to enter this country violates our most cherished values, but Senator Sessions broke away from the majority of his Republican colleagues, and he strongly opposed the resolution. I found that deeply concerning in 2015 when he was a Member of the committee. I find it even more disturbing now that he seeks to be our Nation's top law enforcement official. We need an Attorney General who will stand in the way of religious discrimination, not one who endorses it.
Today I am introducing a very similar resolution. It reaffirms that no one should be blocked from entering into the United States because of their nationality or their religion. I invite Senator Sessions--and I invite all Senators--to cosponsor this resolution. Senator Sessions is still taking an active role in the Senate, including voting on controversial Cabinet nominees for President Trump. If he cosponsored it, it would help to reassure Americans that he stands against religious discrimination and religious tests.
But my concerns about whether Senator Sessions would be willing to tell President Trump no extend well beyond religious tests. In fact, in his testimony before the Judiciary Committee, both Republicans and Democrats, he did not demonstrate to the Judiciary Committee that he would be willing to tell the President no on any issue, no matter how objectionable.
Take, for example, the President's many conflicts of interest. For months, there has been media coverage about President Trump's conflicts of interest and the constitutional concerns they present. Yet Senator Sessions repeatedly evaded my written questions on this topic by claiming that he has ``not studied the issue.''
I asked Senator Sessions whether President Trump should follow guidance from the Office of Government Ethics and divest from assets that might create a conflict of interest. Senator Sessions said that he has not studied the issue.
I asked Senator Sessions whether President Trump receiving payments from entities controlled by foreign governments raises any concerns under the Emoluments Clause of the Constitution, which forbids such payments absent Congressional consent. Senator Sessions said that he has not studied the issue.
I asked Senator Sessions whether President Trump's family members who are running the organization that he still owns should participate in policy discussions or meetings with foreign governments. Again Senator Sessions said that he has not studied the issue.
Senator Sessions has refused to acknowledge that there is a conflict of interest for a President to have a personal financial stake in the policies pursued by his administration. Actually, that is definition 101 of a conflict of interest. The President should not personally profit from their decisions. This answer was particularly troubling because I know that he knows the right answer. Senator Sessions told Senator Feinstein at his hearing: ``I own no individual stocks because I want to be sure that I don't have conflicts of interest.'' He added, ``I want to adhere to high standards.'' Well, I appreciate that. But Senator Sessions--and I assume Attorney General Sessions--apparently refuses to hold the President to any standards at all.
In fact, his woeful blindness extends even to the Russian interference into our democracy. In response to questions in the Intelligence Committee's report on Russian interference--the intelligence community found without a doubt that we had Russian influence in our democracy--he said: ``I have not reviewed the report, but I have no reason not to accept the intelligence community's conclusions as contained in the report.''
Well, if he hasn't read the report on something as critical as this, I suspect he is one of very few Senators who hasn't. I asked him whether the activities described in the report are illegal: Are they a threat to our democratic process? For anyone other than President Trump, that is not a difficult question. Reading the report, the answer should be an obvious yes, but Senator Sessions refused to answer. If Senator Sessions is not willing even to acknowledge facts that make President
Trump uncomfortable, how can we believe that Attorney General Sessions will ever say no to President Trump?
Senator Sessions also refused to answer questions from all nine Democrats on the Judiciary Committee on how he would respond if President Trump pressured him to end any investigations into Russian interference in our elections.
There is absolutely nothing in Senator Sessions' testimony before the Judiciary Committee that gives me confidence that he would be willing to stand up to the President. He has demonstrated only blind allegiance. This is a President who first cited what is now called ``alternative facts'' to deny his small crowd size at the inauguration, but now he is citing ``alternative facts'' to excuse murders and assassinations by Putin's regime. That should alarm us all. It shouldn't matter what party you belong to; as Americans, that should alarm us.
Later tonight I will describe my concerns about Senator Sessions' record on civil rights issues. But I have one concern that is made much worse, given Senator Sessions' lack of independence from President Trump. I am particularly worried that, if confirmed, Senator Sessions will fail to protect Americans' constitutional right to vote. There is nothing more sacred in a democracy than the right to vote. Yet Senator Sessions called it ``a good day for the South''--not for the country but for the South--when the Shelby County decision, which effectively gutted the Voting Rights Act, was handed down, something that virtually every Republican and Democrat in both the House and Senate voted for that President Bush signed into law.
The fact that Senator Sessions voted to reauthorize the Voting Rights Act in 2006 doesn't give me much comfort when immediately after that unanimous vote, he turned around and argued, notwithstanding his vote, that it was unconstitutional.
We cannot view his record on this issue in isolation because if he is nominated and confirmed to be President Trump's Attorney General--well, we know the President has his own views on voting in America. Several Republicans, like the Speaker of the House, Mr. Ryan, and our own colleague Senator Graham, have rightly condemned President Trump's wild conspiracy theory that there millions of illegal votes cost him the popular vote, which he lost by nearly 3 million votes. I fear that continuing this dangerous falsehood can be used to justify further attacks on the hard-won right to vote for racial minorities, students, poor and elderly citizens.
What bothers me the most is that Senator Sessions again refused to acknowledge the fundamental and plainly visible fact that the President is flat out wrong that there were 3 million illegal votes cast. Senator Sessions responded to me that he doesn't know what data the President may have relied on. Well, the rest of us know there isn't any such data, but Senator Sessions refuses to admit as much.
So his close ties to President Trump and the important role he played in forming President Trump's agenda raise important questions about his impartiality in matters involving the President. I asked him several times, What is the scenario in which he would recuse himself, given clear conflicts of interest? But he brushed those questions off. He claimed he was ``merely . . . a supporter of the President's during the campaign.'' Well, that would be fine, but I think Senator Sessions is selling himself short.
He was widely reported to be a central figure in the Trump campaign. A key figure in the Trump campaign, Steve Bannon, called him the President's ``clearinghouse for policy and philosophy.''
This relationship appears to fly in the face of the Justice Department's recusal standards. The Department's standards mandate recusal when the attorney has ``a close identification with an elected official . . . arising from service as a principal adviser thereto or a principal official thereof.'' I asked Senator Sessions the obvious question--whether that language would apply to his relationship with President Trump, but he refused to say one way or the other.
The Justice Department has to be independent because it is the chief law enforcement department in our government. But I worry about that independence in this administration. It is already clear that if you say no to this President, there goes your job. Now more than ever, we need an Attorney General who is willing to pay that cost for the good of the country--for the good of the country. Country outweighs any partisan interest of a particular officeholder or a particular President.
I am not convinced that that kind of independence describes Senator Sessions. He has not demonstrated the independence that he himself used to demand of nominees.
David Frum, a former speechwriter for President George W. Bush, recently wrote an article in the Atlantic addressing whether someone should accept an invitation to serve in the Trump administration, given the real risks that there may be tremendous ``pressure to do the wrong thing.'' The ``very first thing to consider,'' said the former Bush speechwriter, is, ``How sure are you that you indeed would say no? And then humbly consider this second troubling question: If the Trump administration were as convinced as you are that you would do the right thing--would they have asked you in the first place?''
In the case of the nominee before us--the Trump administration's ``clearinghouse for policy and philosophy,'' as Mr. Bannon called him-- I fear the answer to these questions is clear. That is why I am going to be voting against this nominee.
It is ironic that as we consider the nomination of Senator Sessions to be the Attorney General, a position which he is going to be responsible for is defending the fundamental rights and liberties of the American people--all of us--whether you were supporters during the last campaign of President Trump or Secretary Hillary Clinton. But even though Senator Sessions is supposed to defend our fundamental rights, we see President Trump continuing to praise Russian President Vladimir Putin, who has repeatedly demonstrated his disdain for freedom of speech, of association, of due process, and of the rule of law.
In less than a week the President has attacked a Federal judge for performing his constitutional duty. He has called unfavorable polls ``fake.'' He has continued to discredit as ``dishonest'' any media outlet that dares criticize him. His spokesperson, Sean Spicer, echoes these sentiments. They sound remarkably like what one would expect to hear from Vladimir Putin.
In fact, President Trump has done this while reiterating his support of torture and his admiration of Putin. Remember, Putin's critics continue to turn up dead. Putin has stolen tens of billions of dollars that were taken in bribes from oil and gas and other industries. President Trump seems unaware of this, or is unconcerned about it, even though everybody knows about it.
It is hard to avoid the conclusion that, after repeatedly lauding Putin's leadership, Trump is now attempting to emulate Putin's efforts to spread misinformation, chastise his critics, and intimidate those responsible for upholding the law. His assaults on anyone he perceives to be standing in his way, including a Federal judge nominated by President George W. Bush, is even worse than his routine expressions of contempt for political norms that seem to be coming straight out of Stephen Bannon's playbook. Not only has the President expressed little, if any, concern that every U.S. intelligence agency--every U.S. intelligence agency--believes that Russia sought to influence, and quite possibly did influence, the Presidential election, and that Putin himself was involved, but Senator Sessions, who campaigned for the President, refused to recuse himself from decisions related to Russia's cyber attacks.
Can anybody imagine what the Republican leadership would be saying if the table was turned? They would try to shut down the government to hold a new election.
Failing that, they would demand that an independent commission be established to investigate the Russian hacking, and they would insist that the nominee for Attorney General pledge to recuse himself.
Well, along with Senator Durbin and others, I have called for such an independent commission outside of Congress, but the Republican leaders have
summarily rejected it. It is cynical politics at its worst that puts partisanship over the integrity of our elections.
President Trump and Senator Sessions both speak about the importance of law and order. President Trump and Vladimir Putin seem to agree about what those words mean. Senator Sessions has said nothing to suggest that he disagrees, even though the Congressional Republican leadership recognizes Putin as a dangerous thug who tramples on the rule of law.
Why does our President keep praising this man who assassinates his critics, who has killed people who have criticized him in the media, who has stolen so much money, and taken so many bribes? He has become one of the wealthiest people in the world, but he is not a person to praise. We have a lot of leaders in our own country--both Republicans and Democrats--whom we can praise, but not Vladimir Putin.
I think we have to be careful. We have to care about the integrity of our democracy, about due process, the rule of law, and about the constitutional checks and balances that distinguish this country from autocracies like Russia. We should expect the nominee for Attorney General to demonstrate that he will defend these principles, not to remain silent when they are attacked, even if the person attacking them is the President of the United States.
Mr. President, I see the distinguished senior Senator from Connecticut on the floor.
I yield the floor.