Executive Session

Floor Speech

Date: July 16, 2018
Location: Washington, DC

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Mr. SCHUMER. Mr. President, like any patriotic American--Democrat, Republican, or Independent--I was appalled by the press conference that capped off the President's trip to Europe this morning. President Trump hardly pressed President Putin on a single issue, saying that ``both countries'' are responsible for the state of relations between the United States and Russia.

When it comes to interference in the 2016 elections, the President has managed to point the finger at just about everyone except the culprit. The one person he hasn't blamed is the man who is actually responsible--Vladimir Putin. Rather than taking the opportunity to confront Putin and stand up in defense of the United States, rather than demanding that Putin hand over the Russian intelligence agents who were indicted last week, the President took the word of the KGB over the brave, hard-working men and women of the CIA. It is amazing. When has a President ever done something like that--believed our enemies instead of our own intelligence agents, who have worked so diligently and hard to keep us safe?

Vladimir Putin's goal for over a decade has been the weakening of American leadership and the erosion of vital international alliances, such as NATO, that promote American values of democracy, freedom, and open markets. He has labored for 10 years, and he didn't get very far, and now President Trump is handing him the keys to the city.

President Putin could hardly have scripted a more successful foreign trip for his interests than the one we have just witnessed by President Trump. Now, because of President Trump's inexplicable actions, Americans and citizens of the world from one end to the other are scratching their heads, saying: What is going on inside the President's head? Because of the President's almost inexplicable actions, a single, ominous question hangs over the White House: What could possibly cause the President to put the interests of Russia over those of the United States? Millions of Americans will continue to wonder if the only possible explanation for this dangerous and inexplicable behavior is the possibility--the very real possibility--that President Putin holds damaging information over President Trump.

The questions of the moment--now that our security has been put at risk by the President--are these: Where are our Republican colleagues? Where are the Republicans who cheered Reagan's famous challenge to Gorbachev to ``tear down this wall''? Where are the Republicans who demanded a strong response from President Obama when Putin annexed Crimea? Where are the Republicans who surely know in their hearts that trusting Putin over American intelligence, defense, and law enforcement diminishes the standing of our great country?

Now is the time, if there ever were one, for Republicans to stand up. If we wait much longer, our global alliance will fracture; the institutions America created in the ashes of World War II will crumble; and our allies will consider abandoning us, maybe even embracing China, if the consequences--economic and military--are devastating for our country; and Putin's Russia will emerge all the stronger for it. American power, prestige, and even our economy will be deeply damaged.

I am pleading--pleading--with my Republican colleagues to push back by doing four things:

First, ratchet up--not water down--sanctions against Russia.

Second, join us in demanding that the President's national security team immediately come to Congress and testify.

Third, end attacks by so many on the hard right on the Department of Justice, the FBI, and Special Counsel Mueller. These attacks are beyond the pale, but now that the President has done this with Putin, these attacks are dangerous to the future of the Republic.

The special counsel needs to finish his work. The President needs to sit for an interview with the special counsel, as previous Presidents have done and as Republicans demanded of President Clinton.

The President has no problem breaking bread with a man who maliciously attacked America during our elections, but he can't sit down with a man charged with investigating it--Special Counsel Mueller. Please. What is the President afraid of? What is he hiding that we don't know?

Fourth, our Republican colleagues must demand with us that the President insist that the 12 indicted Russians be sent to the United States immediately to stand trial.

Every one of these actions is important. Every one should be bipartisan. Every one of our Republican colleagues, no matter what their ideologies within the Republican Party are, should choose country over party--what is good for America over the politics of the moment. Let us show strength and not fear when President Trump shows weakness, as he has today.

I am asking Leader McConnell and Speaker Ryan, both friends, to make sure the four things we have asked for are done. I am pleading with them, for the sake of the country, to do so.

The President is doing grave harm to the standing of the United States, to the strength of the United States, to the security of the United States, and to the economic robustness of the United States by kowtowing to Vladimir Putin. The President will continue to do it if he is not checked, and the best check is our Republican colleagues, if they only have the decency, the honor, and the courage to stand up at a time when the moment calls for it. Some have--Senator McCain, Senator Graham, and Senator Sasse--but where are the others? Where is Leader McConnell?

The summit today was an insult to all Americans--Democrats, Republicans, and Independents. We have to stand up together and push back. Nomination of Brett Kavanaugh

On a related matter, Mr. Prsident, I wish to speak for a moment on President Trump's nomination of Brett Kavanaugh to the Supreme Court.

We know President Trump promised to pick a judge who would be hostile to a woman's right to choose--to Roe v. Wade--and to the healthcare law, including protections for Americans with preexisting conditions. That is incredibly troubling in and of itself, but I have little doubt that every one of those 25, in the eyes of the Federalist Society and the Heritage Foundation, which put together the list, would do those two things that would so hurt America in my judgment.

There is another troubling aspect of Judge Kavanaugh's nomination: His views on Presidential power and whether Presidents should be treated as though they are above the law. Judge Kavanaugh seems to take an almost monarchical view of Executive power. He has written that a sitting President should not be subject to criminal or civil investigation or prosecution while in office. He has even written that a President doesn't need to enforce a law that the President ``deems'' unconstitutional. It contradicts the well-settled principle--something at the heart of our Constitution and what the Founding Fathers in their greatness did back in 1789--that Presidents should not be above the law.

Now, those are dangerous beliefs at any time, but at this moment in time, with this President, those beliefs are especially dangerous. Anyone who followed the President's trip overseas and his summit today with President Putin saw a reckless, self-centered President willing to bully allies and comfort adversaries, seemingly on a whim.

President Trump's first 1\1/2\ years in office has been marked by numerous examples of the President stretching Executive authority, testing the rule of law, and the separation of powers.

Now, more than ever--and especially in light of today's events--we need a Supreme Court Justice who understands and respects the important boundaries the Constitution and our system of government place on the Chief Executive. We don't need a Justice who is ideologically predisposed to favor almost unchecked Executive power, especially with Donald Trump as President of the United States.

Judge Kavanaugh has clearly tipped his hand that he prefers to give broad deference to the Executive. Perhaps that is why Judge Kavanaugh was ultimately selected from the list of 25. That all had been given the Good Housekeeping Seal of Approval by the Federalist Society, intent on repealing Roe, and by the Heritage Foundation, intent on rolling back government-involved healthcare, whether it be ACA, protecting preexisting conditions, or Medicaid.

Special Counsel Mueller's probe appears to be discovering more and more evidence of President Putin's interference in our election and potential cooperation of American citizens in that interference. Given that a Justice Kavanaugh could one day be faced with a ruling on the matter of whether a sitting President can be indicted or subpoenaed, I hope Senators from both parties scrutinize Judge Kavanaugh's beliefs about Executive power.

On all other courts, potential defendants don't get to pick their jurors. The President--particularly this President--shouldn't have that power either.

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