Special Counsel Legislation

Floor Speech

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Mr. SCHUMER. Madam President, on another topic, I have come to the floor several times over the past month to document the number of ways in which this administration has signaled a willingness--perhaps a desire--to interfere with Special Counsel Mueller's probe into Russian interference in the 2016 elections.

Beyond troubling statements from the White House Press Secretary and the President's allies in the media, President Trump himself has publicly mused about the firing of the special counsel. So while I appreciate that the majority leader believes the President would be wrong to fire the special counsel, I believe it is a real mistake not to pass legislation to protect the investigation. I sincerely hope Leader McConnell reconsiders his refusal to entertain bringing such a bill to the floor. It is a bipartisan bill.

I have talked to Members on both sides of the aisle who are worried about a constitutional crisis. We all know the consequence of Presidential interference in the Russian probe and how dire it would be for the rule of law, fundamental to our democracy, and the constitutional crisis that it would create should be avoided at all costs. Unfortunately, there is substantial evidence that the President has thought about firing the special counsel more than once in the past and may well do so in the future.

The bipartisan legislation introduced by Senators Graham, Coons, Tillis, and Booker has no real downsides to it. It would simply provide a legal avenue to restore the special counsel if existing DOJ regulations are breached and he is fired for political reasons.

So what is the reason not to do it? Why not head off a constitutional crisis at the pass rather than waiting until it is too late? The rule of law is fundamental to the functioning of our democracy. Why even flirt with the prospect of a President challenging the very nature of our system of government?

So I would urge my friend Leader McConnell to think twice about this--to think not simply about his responsibilities to his party and not simply about doing what the President might want, but to our country and our Constitution. If we think of it in those terms, I think it is inevitable that we would want to pass this legislation. That is because the rule of law is fundamental to the functioning of our democracy. Why even flirt with the prospect of a President challenging the very nature of our system of governance and rules?

So I hope the Judiciary Committee moves forward with the bipartisan bill. I hope there is no attempt to water it down or to create a back channel for political interference in ongoing investigations. It is clear that several Republicans, including Chairman Grassley, Senator Tillis, Senator Graham, and others, see a need to pass this legislation. Let them prevail upon the Republican leader to reconsider his position.

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