Schumer Floor Remarks on the Need for an Independent Investigation into General Flynn’s Ties to Russia and the Expectation for AG Sessions to Recuse Himself
Washington, D.C. – U.S. Senator Charles E. Schumer today delivered remarks on the Senate floor outlining the need for an independent, impartial investigation into former National Security Advisor General Flynn’s ties to Russia, as well as the need for Attorney General Jeff Sessions to recuse himself from such investigation. Below are his remarks:
Mr. President, I rise this morning to address the events of General Flynn’s resignation as National Security Advisor on Monday night – and the need for a full, independent, impartial, transparent investigation into the facts of the case.
It is now readily apparent that General Flynn’s resignation is not the end of the story, it is merely a beginning of a much longer story.
The circumstances of General Flynn’s contact with the Russian Ambassador during the transition and the recent reports of potential high-level contact between the Trump campaign and Russian intelligence—including General Flynn—should raise the hairs on the necks of everyone in this body, and every American of good will – Democrat, Republican, conservative, liberal and independent.
This is not a partisan issue. This is an issue about our country and how it is governed. It is also an issue about our security.
We are now left with more questions than answers – and an imperative to find the truth.
Every hour that goes by, more and more questions are raised. Every White House press briefing and early morning tweet seemingly introduces new inconsistencies and contradictions that demand a full accounting. Every report that suggests deeper ties between the Trump campaign and the Russian government needs to be followed up on and verified.
We need to get all the facts.
So in the days and weeks ahead, the Trump administration needs to answer some serious questions. These questions must be asked by independent and unbiased law enforcement officers. They must be answered truthfully by administration officials. And any attempt to lie or mislead must be countered with the full force of the law.
There needs to be an independent and transparent investigation, on two fronts. One, in the legislative branch, where we have an obligation to conduct oversight, and one in the executive branch, which has the responsibility for finding and prosecuting potential criminal liability.
Today, I wish to address the investigation that must occur in the executive branch.
The new Attorney General, Jeff Sessions, cannot be the person to lead that investigation.
In fact, Department of Justice regulations specifically prohibit individuals who have political ties to the subjects of an investigation from leading that investigation. It is a clear conflict of interest. I want to read you the regulations of the DOJ:
“No Department of Justice employee may participate in a criminal investigation or prosecution if he has a personal or political relationship with any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution or who would be directly affected by the outcome.”
The regulations continue: “Political relationship means a close identification with an elected official, candidate, political party or campaign organization arising from service as a principal advisor or official. Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality.”
Jeff Sessions was chairman of the National Security Advisory Committee alongside General Michael Flynn. He was a senior advisor in the Trump campaign, the first senator to endorse the President’s campaign, and nominated him at the Republican convention in Cleveland. Those facts and the Department of Justice’s own rules disqualify Attorney General Sessions from running this investigation.
The words are crystal clear; there is no wiggle room. If Attorney General Sessions were to conduct or in any way be involved with this investigation he would be violating Justice Department guidelines.
As bad a start as the Trump administration is off to, it would make things dramatically worse to ignore these guidelines, which were set up for the purpose of getting to the truth in a fair and impartial way.
Attorney General Sessions must recuse himself immediately. Any investigation headed by, directed by, or influenced by the Attorney General will be jaundiced from the very start.
Because the rules are so clear, I expect the Attorney General will recuse himself and make sure that an independent and thorough investigation proceeds.
Mr. President, we have additional reason to seek such an independent and transparent investigation because of how the White House has treated this matter over the past few weeks.
This White House knew for weeks that General Flynn misled the Vice President and let him stay on...they knew for weeks that his discussion about sanctions with the Russian government could potentially compromise our national security, because he was subject to blackmail, and they let him stay on.
The President knew for weeks about this and let General Flynn stay on in his full capacity, present at and participating in the highest level of national security discussions until those reports were made public.
If the reports of General Flynn’s incorrect statements to the Vice President were never made public, would the President’s trust have ever “eroded”? Would he have ever been fired? Would he still be in his job today?
We’ll never know, but it is very troubling.
If an investigation is not independent, nonpartisan, and most of all, transparent, there is no guarantee this administration will take the decisive and immediate actions necessary to keep our country safe.
