[VIDEO] Sen. Coons on Fox News: “The next best move is for the President to agree to reopen the government and let us begin working.”

Sen. Coons: “For us to have a meaningful conversation, we have got to reopen the government.”

Sen. Coons: “It’s important for those in the Senate who want to work together to end this shutdown to begin finding some middle ground.”

Sen. Coons: “There is a whole group of us who are talking, but I will tell you the next best move is for the President to agree to reopen the government and let us begin working.”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, joined Fox & Friends to discuss the confirmation hearing for William Barr and the government shutdown.

“There is a whole group of us who are talking, but I will tell you the next best move is for the President to agree to reopen the government and let us begin working. I don’t expect the President to capitulate. I do expect him to compromise. You have got a Speaker of the House who is completely dug in. A President who is completely dug in and clearly there is going to have to be a compromise; we are not going to build a thousand miles of border wall. We all know that. It will be something less than that. And for us to have a meaningful conversation, we have got to reopen the government. This isn’t good for our safety as a nation. It’s not good for our prosperity,” said Senator Coons. 

Audio and video available here. 

Excerpts from the interview are below:

Sen. Coons on Barr: Bill Barr is a seasoned, experienced, former Attorney General. He served in the administration of George H.W. Bush and he handled what was a very long day of questioning yesterday quite well. On the core issue of whether he will protect Robert Mueller’s independence and allow him to pursue his investigation to its conclusion, I was reassured and encouraged by his statements. But, on three very specific things where I was asking for simple and clear commitments, he equivocated or hedged and said depending on the facts, and that had to do with whether he will be allowed to pursue whatever testimony he feels necessary without interference by the Attorney General, whether he will release the full final Mueller report, and whether or not he will seek and follow guidance from the DOJ Ethics Counsel. In all three of those cases, he gave a hedging answer. I will have the opportunity to follow up in writing to ask follow-on questions and I will be looking closely for how Bill Barr answers those questions.

Sen. Coons on the shutdown: There is a whole group of us who are talking, but I will tell you the next best move is for the President to agree to reopen the government and let us begin working. I don’t expect the President to capitulate. I do expect him to compromise. You have got a Speaker of the House who is completely dug in. A President who is completely dug in and clearly there is going to have to be a compromise; we are not going to build a thousand miles of border wall. We all know that. It will be something less than that. And for us to have a meaningful conversation, we have got to reopen the government. This isn’t good for our safety as a nation. It’s not good for our prosperity.

More on the shutdown: As you know, on Fox News Sunday, I said that I disagree that a border wall, that a border fence is immoral. It’s a piece of infrastructure. There are things about the President’s immigration policies I find immoral. But I think it’s important for those in the Senate who want to work together to end this shutdown to begin finding some middle ground. But the important first step is the President has to reopen the government. Without that frankly, we have thousands, 40,000 federal law enforcement officers today working without pay and we’re putting people at risk. I have a close friend who works in aviation who said frankly, between TSA, FAA, NTSB, we are really straining the system. I don’t see how this is conservative principle that we have got hundreds of thousands of folks not working who will get paid.

###

VIDEO/TRANSCRIPT: Sen. Coons questions AG nominee William Barr

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, today questioned President Trump’s nominee for Attorney General, William Barr.

“If you learned that the White House not directly through you, but through other means, was attempting to interfere with the investigation, would you report that information to the Special Counsel and to Congress?” asked Senator Coons. 

“There are some conclusions in there about interfering and, if I thought something improper was being done, then I would deal with it as Attorney General,” answered Mr. Barr.

“If the Special Counsel wants to subpoena the President’s testimony to ask questions about obstruction and your supervising the investigation, would you rely on that theory to block the subpoena?” asked Senator Coons. 

“Well, the question from me would be, what’s the predicate? And I don’t know that the facts are. I don’t know what the facts are. And, if there was a factual basis for doing it, and I couldn’t say that it violated established policies, then I wouldn’t interfere, but I don’t know what the facts are,” answered Mr. Barr.

Video and audio of Senator Coons’ Q&A available here. 

The Senator’s Q&A, as delivered, is below:

Sen. Coons: Congratulations, Chairman Graham, I look forward to working with you in this Congress. And, thank you, Mr. Barr, and to you and your family for their service to our country through federal law enforcement and the Department of Justice. You just faced some questioning from Senator Cruz about your own confirmation hearing back in 1991, and I’d like to take us back to a previous confirmation hearing, which was at a more similar time to today than 1991, 1973. Senator Leahy asked you about the confirmation Elliot Richardson, President Nixon’s nominee to be Attorney General. That confirmation took place in the context of a similarly divided period of American history where there was great concern over the, at that point, ongoing Watergate investigation. Elliot Richardson reassured the country by making some important commitments during his confirmation hearing before this Committee. Then Senator Strom Thurmond asked Richardson if he wanted a special prosecutor who would and, I quote, ‘Shield no one and prosecute this case regardless of who was affected in any way, shape, or form.’ Richardson responded, ‘Exactly.’ Do you want Special Counsel Mueller to shield no one and prosecute the case regardless of who was affected? 

Mr. Barr: I want Special Counsel Mueller to discharge his responsibilities as a federal prosecutor and exercise the judgment that he’s expected to exercise under the rules, and finish his job. 

Sen. Coons: Senator Kennedy followed up by asking Richardson if the special prosecutor would have the complete authority and responsibility for determining whom he prosecuted and at what location Richardson said simply, ‘Yes.’ Would you give a similar answer?  

Mr. Barr: No, I would give the answer that’s in the current regulations which is that the Special Counsel has broad discretion, but the acting Attorney General in this case Rod Rosenstein can ask him about major decisions and if they disagree on a major decision and if after giving great weight to the Special Counsel’s position, the acting Attorney General felt that it was so unwarranted under established policies that it should not be followed, then that would be reported to this Committee.  

Sen. Coons: Forgive me, I only have seven minutes left. Let me just make sure I understand you, Senators asked Elliot Richardson what he would do if he disagreed with the special prosecutor. Richardson testified to the Committee the special prosecutor’s judgment would prevail. That’s not what you’re saying. You’re saying if you have a difference of opinion with Special Counsel Mueller, you won’t necessarily back his decision, you might overrule it? 

Mr. Barr: Under the regulations, there is the possibility of that, but this Committee would be aware of it. You know, a lot of water has gone under the dam since Elliot Richardson. A lot of different administrations on both parties have experimented with Special Counsel arrangements, and the existing rules I think reflect the experience of both Republican and Democratic administrations and strike the right balance. They are put together in the Clinton administration after Ken Starr’s investigation. 

Sen. Coons: That’s right. So, the current regulations on the books right now prevent the Attorney General from firing without the cause the Special Counsel, they require misconduct, dereliction of duty, incapacity, conflict. Will you follow that standard?

Mr. Barr: Of course.  

Sen. Coons: What if the President asked you to rescind or change those Special Counsel regulations?  

Mr. Barr: I think those Special Counsel regulations should stay in place for the duration of this investigation and we can do a post-mortem then, but I have no reason to think they’re not working.  

Sen. Coons: So, most famously, when directed by President Nixon to fire the Special Counsel, the prosecutor investigating Watergate, Richardson refused and resigned instead as we all well know. If the President directed you to change those regulations and then fire Mueller or simply directly fired Mueller, would you follow Richardson’s example and resign instead? 

Mr. Barr: Assuming there was no good cause? 

Sen. Coons: Assuming no good cause.  

Mr. Barr: I would not carry out that instruction.  

Sen. Coons: Let me bring us forward to your 1991 hearing in front of this Committee. You explained at the time how you would handle the BBCI case and ironically Robert Mueller, the same individual, was at that point the head of the criminal division, and you testified that you had directed Mueller to spare no resources, use whatever resources are necessary and pursue the investigation as aggressively as possible and follow the evidence anywhere and everywhere it leads. Would you give similar direction to Robert Mueller today?  

Mr. Barr: I don’t think he needs that direction, I think that’s what he’s doing. 

Sen. Coons: You also said at that hearing that Robert Mueller in that investigation had full cooperation, full support, and carte blanche. Could he expect a similar level of support from you as Attorney General?  

Mr. Barr: Yeah, as I said, I’m going to carry out those regulations and I want him to finish this investigation.  

Sen. Coons: I think we all do, and I’m encouraged by things you’ve said about this and just want to make sure we’ve had as clear a conversation as we can. Attorney General Richardson also testified the relationship between the President and the Justice Department should “arms-length.” You’ve said similar things about the importance of shielding the Department from political influence. Can you make a similar commitment to us to maintain an arms-length relationship between the Justice Department and the President regarding the Special Counsel investigation and other investigations? 

Mr. Barr: Well, remember I said there are like three different functions generally that the Attorney General performs. I think on the enforcement side, especially where matters are of either personal or political interest to people at the White House, there would be an, there has to be an arms-length relationship. The White House counsel can play a constructive role in that as well.  

Sen. Coons: Let me ask, if the President asked for information that could well be used to interfere with the Special Counsel investigation to misdirect or curtail it in some way, would you give it to him? 

Mr. Barr: You know, there are rules on what kind of information can flow and what kind of communication can go between the White House and I would follow those. But, the basic principle is that the integrity of an investigation has to be protected. There are times where you can share information that wouldn’t threaten the integrity of an investigation like, for example, when I was Attorney General and we were investigating something that related to someone who had a relationship with President Bush, I could just orient him that  you know there is going to be a story tomorrow that is going to say this, but in that particular case, there was no chance that it would affect the investigation. So, sometimes judgment calls are necessary. 

Sen. Coons: If you learned that the White House not directly through you, but through other means, was attempting to interfere with the investigation, would you report that information to the Special Counsel and to Congress? 

Mr. Barr: There are some conclusions in there about interfering and, if I thought something improper was being done, then I would deal with it as Attorney General. 

Sen. Coons: Last, in that confirmation hearing back in 1973, then-Senator Birch Bayh of Indiana asked Richardson, ‘Suppose the prosecutor determines it’s necessary to get the President’s affidavit or to have his testimony personally, would that be the kind of determination he–the special prosecutor–could make?’ Richardson said, ‘Yes.’ Will you give a similar answer today that you won’t interfere with Special Counsel Mueller seeking testimony from the President?

Mr. Barr: You know, I think, as I say, the regulations currently provide some avenue if there is some disagreement. I think that, in order to overrule Mueller, someone would–the Attorney General or acting Attorney General–would have to determine, after giving Mueller’s position great weight, that it was so unwarranted under established policies that it should not be done. So, that’s the standard I would apply, but I’m not going to surrender–the regulations give some responsibility to the Attorney General to have this sort of general supervision–not day-to-day supervision–but sort of be there in case something really transcends the established policies. I’m not surrendering that responsibility. I’m not pledging it away. 

Sen. Coons: What gives me pause and sort of led me to this line of questioning, Mr. Barr, was that June 2018 you sent to the Deputy Attorney General in which at one point you state, ‘Mueller should not be permitted to demand the President submit to interrogation about alleged obstruction.’ If the Special Counsel wants to subpoena the President’s testimony to ask questions about obstruction and your supervising the investigation, would you rely on that theory to block the subpoena? 

Mr. Barr: Well, the question from me would be, what’s the predicate? And I don’t know that the facts are. I don’t know what the facts are. And, if there was a factual basis for doing it, and I couldn’t say that it violated established policies, then I wouldn’t interfere, but I don’t know what the facts are. 

Sen. Coons: Well, if I might just in closing, Mr. Chairman, we’re in this unique situation where you’ve known Robert Mueller thirty years. You’ve said you respect and admire his professionalism, his conduct, he’s been entrusted by you with a significant, complex investigations in the past, there’s no reason to imagine since he is the person who would know the facts, that he wouldn’t be acting in an inappropriate way so it is my hope, even my expectation, that you would trust Robert Mueller to make the decision whether to compel this President to testify in an appropriate way and that he would not face any interference. Thank you for your testimony. 

###

Senators urge Zimbabwe officials to respect the rights of protestors and restore access to social media, internet, and telephone services

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Cory Booker (D-N.J.), both members of the Senate Foreign Relations Committee, released the following statement.

“We are deeply troubled by reports of deaths, widespread arrests, beatings, and harassment of protestors by security forces of the Government of Zimbabwe. The Zimbabwean people have the constitutional right to protest peacefully and express themselves regarding developments in their country. Government officials and security forces must respond with professionalism and respect for human rights and the rule of law. We also call on the Government of Zimbabwe to rescind the directive ordering communication service providers to cut or restrict access to social media, internet, and telephone services. Such abrogations of constitutional and basic legal rights are not what the people of Zimbabwe were promised under President Mnangagwa. Instead, the government should work to meet the basic economic and social needs of its people. We strongly urge the Zimbabwean authorities to resolve the current situation through dialogue and non-violent, fully legal means, and for protesters to exercise their constitutional rights peacefully. Under no circumstances should the Zimbabwean government disregard the constitutional rights of its citizens, engage in the illegal suppression of expression and assembly, or employ the disproportionate use of force or extralegal violence to respond to the current situation.”

###

[VIDEO] Sen. Coons on the shutdown: “The majority leader is nowhere to be found in these negotiations.”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, last night joined MSNBC’s Hardball ahead of the confirmation hearing for President Trump’s nominee for Attorney General, William Barr.  

“When William Barr served as Attorney General, more than 25 years ago, we didn’t have a President who was under investigation and whose personal attorney and campaign manager and national security adviser had either pled guilty to or been convicted of a variety of crimes involving lying to the government. So, I’m going to be pressing William Barr tomorrow to allow the Mueller investigation to go to its logical conclusion,” said Senator Coons. 

“If President Trump will re-open the government, I think we could make progress on border security. But, I’ll remind you, the majority leader is nowhere to be found in these negotiations, and I think he bears some real responsibility in helping move forward a resolution to this impasse. I’m hearing from folks up and down my home state of Delaware whether they’re federal law enforcement officers who are serving without pay, who I called and asked about morale and operational effectiveness, to farmers and folks concerned about food safety, about where the Department of Agriculture or the Food and Drug Administration is in terms of protecting our public health or supporting our agriculture community. We’ve got a lot of impacts from the shutdown, and I think Mitch McConnell should step forward and take his responsible role and help negotiate a resolution and get President Trump to re-open the government,” said Senator Coons.

Video and audio available here. 

Excerpts from the interview are below:

Sen. Coons on Barr: I am, Chris. I’m looking forward to tomorrow’s confirmation hearing. I had a chance to meet with William Barr last week and to ask him a number of the questions I’m going to repeat tomorrow on the record in a confirmation hearing. I have an editorial that’s just gone up in The Washington Post that repeats the context we’re in and why this isn’t a normal time. I’m encouraged that President Trump has nominated someone who previously served as Attorney General and who has a lot of experience in the Department of Justice. But when William Barr served as Attorney General, more than 25 years ago, we didn’t have a President who was under investigation and whose personal attorney and campaign manager and national security adviser had either pled guilty to or been convicted of a variety of crimes involving lying to the government. So, I’m going to be pressing William Barr tomorrow to allow the Mueller investigation to go to its logical conclusion. To release the report to the Congress and the public, to submit to the ethics officials in the Department of Justice, to see whether he should recuse himself given that 19-page try-out memo you just referenced, and to get some clarity from him about whether he would defend and follow the Special Counsel Integrity and Independence Act that Senators Lindsey Graham and Thom Tillis has reintroduced along with Senator Booker and myself. 

More on Barr: Yes. That’s important precedent to remind folks about. The Saturday Night Massacre back during the Watergate investigation where President Nixon ordered Elliot Richardson to fire the special prosecutor, he refused, and he resigned instead in protest. That followed a confirmation hearing where Elliot Richardson was asked exactly that question. If pressed to interfere or intervene with the investigation or to fire the special prosecutor, will you resign in protest? Elliot Richardson said yes, and he followed that commitment. That’s exactly the sort of exchange I expect we’ll be having tomorrow in the Judiciary Committee with William Barr. 

Sen. Coons on the NYT story: Well, Chris, that’s exactly why I think we need to have Robert Mueller’s investigation proceed to its logical conclusion and then have those results shared with Congress and the public. I don’t know whether those allegations are well-founded or whether they aren’t. There certainly has been some troubling, disturbing, unprecedented actions by our President in refusing to accept the conclusions of the intelligence community, of resisting efforts by senators, both Republican and Democrat, to pass sanctions against Russia after the 2016 elections. Conducting himself in an unusual way in that Helsinki Summit with President Putin. There are certainly concerning signs. But I don’t have concrete evidence of this. And that’s exactly why a well-respected Republican senior law enforcement leader like Robert Mueller has been empowered to conduct this special investigation and needs to be allowed to do it and reach its natural conclusion. 

Sen. Coons on the shutdown: Well, I’ll also say, Chris, one of the places that Mitch McConnell is absent is in any conversation about how to end the shutdown. We’re in day 24 of a government shutdown. If President Trump will re-open the government, I think we could make progress on border security. But, I’ll remind you, the majority leader is nowhere to be found in these negotiations, and I think he bears some real responsibility in helping move forward a resolution to this impasse. I’m hearing from folks up and down my home state of Delaware whether they’re federal law enforcement officers who are serving without pay, who I called and asked about morale and operational effectiveness, to farmers and folks concerned about food safety, about where the Department of Agriculture or the Food and Drug Administration is in terms of protecting our public health or supporting our agriculture community. We’ve got a lot of impacts from the shutdown, and I think Mitch McConnell should step forward and take his responsible role and help negotiate a resolution and get President Trump to re-open the government.  

###

Coons, Young introduce bipartisan, bicameral bill to support entrepreneurs

WASHINGTON – The bipartisan Innovators to Entrepreneurs Act of 2019 was introduced today by U.S. Senators Chris Coons (D-DE) and Todd Young (R-IN), and U.S. Representatives Dan Lipinski (D-IL), Daniel Webster (R-FL), Eddie Bernice Johnson (D-TX), and Frank Lucas (R-OK). This bill encourages broader participation in the successful National Science Foundation Innovation Corps (I-Corps) program and provides additional training for innovators to learn how to turn their research into a company.

I-Corps connects scientists and engineers with the technological, entrepreneurial, and business communities necessary to move discoveries from the laboratory to the market. The Innovators to Entrepreneurs Act of 2019 expands the eligible pool of applicants for the I-Corps program, allowing the participation of aspiring entrepreneurs that have already demonstrated their merit by being awarded Small Business Innovation Research or Small Business Technology Transfer grants from any federal agency. 

The bill also authorizes a “Phase II” I-Corps program that would provide additional hands-on, immersive learning classes for participants who have already gone through the current I-Corps training. This “Phase II” course would help entrepreneurs develop business plans to the point where they are ready to attract venture capital funding. 

The bill text is available here. 

“Training our most promising entrepreneurs to navigate the transition from the laboratory to the marketplace supports U.S.-grown startups and small businesses and increases our competitiveness on the global stage,” said Senator Coons. “We wisely invest billions of taxpayer dollars every year into scientific research and development, and this legislation builds a bridge for our best research to directly benefit society.”

“Entrepreneurs fuel Indiana’s small business community and have the power to transform our lives,” said Senator Young. “This legislation will support Hoosier entrepreneurs by investing in research and innovation, and empowering individuals to turn their ideas into products and businesses.” 

“Increasing the accessibility of I-Corps allows us to ensure the money we invest in research and development will spur job growth and boost our return on investment. This bill has been endorsed by a wide range of technology, venture capital, and academic stakeholders, and we’re optimistic it will become law with overwhelming bipartisan support,” said Rep. Lipinski. 

“This bill expands upon the time-tested I-Corps program through adding a course for commercialization-ready participants.  This course will focus on the essential skills of starting a successful and scalable business,” said Rep. Webster. “A special thank you to Senators Coons and Young for leading the charge in the Senate and making this a bicameral effort.” 

“The I-Corps program developed at the National Science Foundation is a superb example of a federal program that leverages a very small investment in the ingenuity of our nation’s STEM researchers to spur innovation and generate economic growth,” said Rep. Johnson, Chairwoman of the House Committee on Science, Space, and Technology. “I am happy to join my colleagues in supporting this bill that continues to build on an already strong program.”

“I-Corps moves American research and innovation from the lab to the market where new technology can benefit consumers and businesses” said Rep. Lucas, Ranking Member of the House Committee on Science, Space, and Technology. “Expanding this program boosts American competitiveness in critical fields and promotes job growth. Small businesses are the backbone of our economy and this bill gives innovators the tools needed to become entrepreneurs.”

The bill has been endorsed by the Information Technology and Innovation Foundation, I-Corps Curriculum Developer and Stanford University Professor Steve Blank, I-Corps founding program officer and M34 Capital CEO Dr. Errol Arkilic, the National Venture Capital Association, the Council on Government Relations, and the Association of Public and Land-Grant Universities.

###

Senators reintroduce bill boosting agriculture education

WASHINGTON – Today, U.S. Senators Chris Coons (D-Del.), Todd Young (R-Ind.), Doug Jones (D-Ala.), and James Lankford (R-Okla.) announced they have reintroduced legislation in the 116th Congress to update and modernize the charter for the Future Farmers of America (FFA), which will better reflect agriculture education in the 21st Century.

The National FFA Organization’s Federal Charter Amendments Act updates the FFA’s charter to allow for student officer vice presidents to reflect the regional diversity of the United States. Additionally, it provides governing flexibility for national officers in order to reduce operational delays caused by vacant seats. The amendments to the charter will also allow the FFA’s purpose to better match the innovative and hands-on approaches that many agriculture educators are implementing across the country.  

“The National FFA Organization plays a vital role in communities around the country by developing young leaders and advancing agricultural education,” said Senator Coons. “Thousands of students in Delaware are getting valuable, hands-on career experience through their participation in the FFA, and I look forward to working with this bipartisan group of senators to pass legislation that provides needed updates to the FFA’s charter.”    

“The National FFA Organization provides valuable education and leadership training to our young people. Updating FFA’s charter to reflect advances in the agriculture industry will help ensure students are equipped with the skills needed for the agriculture jobs of tomorrow, and will help empower them to become leaders in their communities,” said Senator Young.

“For nearly a century, the Future Farmers of America has helped our students develop the skills they need for a broad range of careers in agriculture. With 14,000 members in Alabama and more than 600,000 nationwide, I am proud to cosponsor this bipartisan legislation that will reshape FFA’s charter to ensure it can continue to provide quality agricultural education for the 21st century,” said Senator Jones. 

“FFA helps prepare the next generation of leadership to thrive in our communities and businesses,” said Senator Lankford. “Modernizing and streamlining the FFA’s charter will ensure it has the flexibility it needs to be successful for many years to come. FFA encourages its leadership and members to strategically educate young people and help ensure they develop the necessary skills to take on many vitally important tasks, from feeding the world to pursuing the next big scientific discovery.”

“These amendments let FFA build to meet the needs of 21st century agriculture,” said Mark Poeschl, Chief Executive Officer of the National FFA Organization and Foundation. “They allow National FFA to self-govern while maintaining our long relationship with the U.S. Department of Education, and clearly define the important integral nature of agricultural education, FFA leadership development, and experiential learning for the first time.”

According to the FFA, members participate and learn advanced career skills in 47 national proficiency areas based on their hands-on work experiences ranging from agricultural communications and food science and technology to turf grass management and wildlife production and management. Collectively, FFA members earn more than $4 billion annually through their hands-on work experience. Last Congress, the Senate unanimously passed the legislation. 

###

On eve of Barr hearings, Sen. Coons, Democratic colleagues call for comprehensive review of Justice Department ethics rules

Washington, DC – U.S. Senator Chris Coons (D-Del.) joined other Senate Judiciary Committee members in calling on the Department of Justice (DOJ) Inspector General to perform a complete review of its ethics processes and procedures following revelations of disregard for vital ethics rules by Acting Attorney General Matthew Whitaker.  Department ethics review is about to be tested again as attorney general nominee William Barr comes before the Senate, the senators add.

In addition to Senator Coons, the request is joined by Judiciary Ranking Member Dianne Feinstein (D-CA) and Senators Sheldon Whitehouse (D-RI), Patrick Leahy (D-VT), Dick Durbin (D-IL), Amy Klobuchar (D-MN), Richard Blumenthal (D-CT), Mazie Hirono (D-HI) Cory Booker (D-NJ), and Kamala Harris (D-CA). 

In December, it was revealed that Whitaker ignored a Justice Department ethics official’s determination that he ought to recuse himself from oversight of Special Counsel Robert Mueller’s investigation.  Whitaker has a lengthy record of statements questioning the legitimacy and legality of Mueller’s work.  He was also paid over a million dollars by an organization that filed at least 14 complaints in recent years against Democratic politicians, and has spent thousands of dollars on contracts with conservative political attack groups, raising questions about potential conflicts of interest.

“Acting Attorney General Matthew Whitaker’s decision to disregard the advice of career DOJ ethics officials to recuse himself from oversight of Special Counsel Robert Mueller indicates that DOJ’s internal ethics procedures have failed,” the senators write.  “Not only does this raise serious concerns about Mr. Whitaker’s current actions as Acting Attorney General, but it also calls into question DOJ’s ethics procedures to assess and address potential conflicts of William P. Barr, President Trump’s nominee to be Attorney General.”

Now, the Senate Judiciary Committee is poised to consider the nomination of Barr, whose record raises serious questions about whether he could oversee the Mueller investigation impartially.  Unprompted, Barr submitted a memo to Deputy Attorney General Rod Rosenstein that attacked Mueller’s investigation of possible obstruction of justice by President Donald Trump, calling the special counsel’s inquiry “fatally misconceived. 

“Mr. Barr’s record, including statements and opinions that he has expressed regarding Special Counsel Mueller’s investigation, will be explored by Congress in the course of his confirmation, and will also warrant consideration by the Department’s career ethics officials if he is confirmed,” the senators continue.  “This heightens the need to ensure that process and procedures by which DOJ assesses conflicts of interest of senior political appointees is adequate and that adherence to DOJ standards and guidance is appropriately monitored and enforced.”

Barr’s confirmation is set to begin next Tuesday in the Senate Judiciary Committee. 

Full text of the senators’ letter is below.  A PDF copy is available here. 

January 11, 2019 

Mr. Michael E. Horowitz

Inspector General

U.S. Department of Justice Office of the Inspector General 

950 Pennsylvania Avenue, NW, Suite 4706

Washington, D.C. 20530

Dear Inspector General Horowitz: 

We write as members of the Senate Judiciary Committee to request that you take immediate action to review the process and procedures by which the Department of Justice (DOJ) assesses conflicts of interest by senior political appointees, and how any determinations regarding the need for recusals are being enforced and monitored.  Acting Attorney General Matthew Whitaker’s decision to disregard the advice of career DOJ ethics officials to recuse himself from oversight of Special Counsel Robert Mueller indicates that DOJ’s internal ethics procedures have failed.  Not only does this raise serious concerns about Mr. Whitaker’s current actions as Acting Attorney General, but it also calls into question DOJ’s ethics procedures to assess and address potential conflicts of William P. Barr, President Trump’s nominee to be Attorney General.  We strongly believe that Department officials should be bound by the ethics advice they receive.

As you know, DOJ attorneys are subject to the Ethics in Government Act and associated regulations, DOJ regulations requiring disqualification from matters involving close personal or political relationships, and rules of professional conduct.  DOJ’s ethics program is administered by the Designated Agency Ethics Official (DAEO), the Assistant Attorney General for Administration, and the Departmental Ethics Office.^[1]  Upon a nominee’s confirmation, it is DOJ’s responsibility to memorialize and enforce recusals agreements or any other procedures necessary to prevent a DOJ official from participating in matters in which he or she has a conflict of interest.  When this process is circumvented—or ignored—we cannot have confidence that our nation’s top law enforcement officials are discharging their duties free of inappropriate conflicts of interest.  

Congress has raised alarms about Mr. Whitaker’s conflicts of interest as Acting Attorney General.  On November 11, 2018, Democratic leaders from the House and Senate wrote to DOJ DAEO Lee Lofthus asking, among other things, whether any “ethics officials at the Justice Department … have advised Mr. Whitaker to recuse from supervision of the Special Counsel investigation, … the basis for that recommendation, [and] all ethics guidance the Department has provided to Mr. Whitaker to date.”  On December 4, 2018, Senate Judiciary Committee Democrats wrote to Mr. Lofthus and Stacy Ludwig, Director of DOJ’s Professional Responsibility Advisory Office, reiterating that request and asking for further information about DOJ’s assessment of potential conflicts arising from Mr. Whitaker’s work for the Foundation for Accountability and Civic Trust (FACT), an organization that filed at least 14 complaints in recent years against Democratic politicians, and has spent thousands of dollars on contracts with conservative political attack groups.^[2]  That letter raised particular concerns about anonymous donations that supported FACT’s activities, and inquired whether ethics officials would obtain and evaluate that information in the course of their review.     

DOJ advised Congress on December 20 that Mr. Whitaker had chosen not to recuse himself from the Special Counsel investigation despite the conclusion by career ethics officials that he should be recused because “a reasonable person with knowledge of the relevant facts” would likely question his impartiality.  The Washington Post reported that rather than following this advice Mr. Whitaker convened his own set of advisors, whose identities remain unknown, who came to a different conclusion.^[3]  DOJ has not responded to the Senators’ December 4, 2018, letter.  As it stands right now, Mr. Whitaker continues to serve as the nation’s chief law enforcement officer having rejected the only official ethics advice we are aware he received.  We believe that Department officials must follow the ethics advice provided.

We will soon be asked by the President to provide our advice and consent to his nomination of William Barr to be Attorney General.  Mr. Barr’s record, including statements and opinions that he has expressed regarding Special Counsel Mueller’s investigation, will be explored by Congress in the course of his confirmation, and will also warrant consideration by the Department’s career ethics officials if he is confirmed.  This heightens the need to ensure that process and procedures by which DOJ assesses conflicts of interest of senior political appointees is adequate and that adherence to DOJ standards and guidance is appropriately monitored and enforced. 

One of your mandates under the Inspector General Act of 1978 is to keep “the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective action.”^[4]  Consistent with that mandate and OIG’s past efforts related to DOJ’s ethics program,^[5] we request that you promptly assess any problems and deficiencies in DOJ’s ethics program as it pertains to senior political appointees.  That assessment should cover DOJ procedures for obtaining and reviewing information about anonymous or otherwise non-public funding for a nominee’s previous work that could cause conflicts of interest.   

The poor judgment Mr. Whitaker demonstrated in rejecting the advice of career ethics officials should not establish a precedent for Mr. Barr or any other a senior DOJ official to similarly disregard the independent assessment of conflicts of interest by career DOJ staff under the Department’s existing procedures.  An OIG report will help inform the Judiciary Committee’s ongoing oversight into DOJ and future advice-and-consent responsibilities. 

###

Following announcement of disputed election results, Senators implore DRC officials to refrain from violence and respect rights of the Congolese people

WASHINGTON – U.S. Senators Chris Coons (D-Del.), Johnny Isakson (R-Ga.), Cory Booker (D-N.J.), Todd Young (R-Ind.), and Jeff Merkley (D-Ore.) released the following statement.

“In the days and weeks ahead, we implore officials in the Democratic Republic of Congo to adhere to the rule of law, refrain from violence, and respect the rights of the Congolese people enshrined in the constitution.  To avoid the destabilizing and tragic cycle of violence following both the 2006 and 2011 national elections, the Congolese government and the National Independent Electoral Commission (CENI) must act with the utmost transparency and professionalism.

“We are deeply concerned that the preliminary election results announced by CENI do not match the reported results collated on the ground by local election monitors from the Catholic Church who deployed over 40,000 short and long term observers in polling places across the country.  Our concern is compounded by the repeated delays, widespread reported irregularities, disenfranchisement of voters in key districts, allegations of fraud from local civil society groups, and a prohibition by President Kabila of credible international election observer groups like the Carter Center and the European Union.  We urge CENI to release disaggregated results of the December 30 vote by polling station, and work with local observer groups to verify the accuracy of the tally to ensure public confidence in the outcome.  Internet and SMS services should also be restored immediately as access to information is critical for the credibility of the ongoing electoral process. Those that wish to dispute the result of the election should lodge grievances through the appropriate legal channels, and discourage violence.

“With the second-largest and second-deadliest Ebola outbreak in history ravaging eastern Congo, it is imperative that order is maintained so the country’s leaders can work with the international community to contain this scourge.  The people of the Democratic Republic of Congo have waited 58 years for a peaceful democratic transfer of power, and have sacrificed too much for this election result not to reflect their votes cast at the ballot box. Therefore, CENI must take all the necessary steps to ensure the legitimacy of this result.  The events in the coming days will have significant consequences for the stability of the Congo and the broader region for years to come.”

###

Carper, Coons to Trump: Ensure Federal Contractor Employees Receive Pay

WASHINGTON D.C. – Today, U.S. Senators Tom Carper and Chris Coons (both D-Del.) joined 32 Democratic Senators in writing to the Office of Management and Budget (OMB) to urge them to direct federal agencies to work with contractors to provide back pay to compensate low- and middle-income contractor employees for the wages they have lost during the shutdown. Under their existing authority, federal contracting officers should use provisions that allow them to modify the terms of the contract to work with contractors to provide back pay for employees who lost wages as a result of the government shutdown.

“Contract workers and their families should not suffer the consequences of a shutdown that they did not cause,” the senators wrote. “Low-wage service contract workers perform jobs that are absolutely vital to the government, such as food service, security, and custodial work. Many of these workers live paycheck-to-paycheck, and cannot afford to pay their rent and other bills if the shutdown continues. After past shutdowns, contractor employees have generally not received back pay. In addition to our fight to protect federal workers who are being hurt by this shutdown, we are committed to righting this wrong for contractor employees.”  

“We urge you to take immediate steps to ensure that contractor employees get the back pay that they deserve by providing clear directions for agencies and contractors to do so,” the senators concluded. 

Senators Carper and Coons were joined by U.S. Senators Chris Van Hollen (D-Md.), Tina Smith (D-Minn.), Sherrod Brown (D-Ohio), Mark R. Warner (D-Va.), Benjamin L. Cardin (D-Md.), Tim Kaine (D-Va.), Richard Blumenthal (D-Conn.), Kirsten E. Gillibrand (D-N.Y.), Doug Jones (D-Ala.), Elizabeth Warren (D-Mass.), Amy Klobuchar (D-Minn.), Margaret Wood Hassan (D-N.H.), Mazie K. Hirono (D-Hawaii), Richard J. Durbin (D-Ill.), Sheldon Whitehouse (D-R.I.), Tom Udall (D-N.M.), Jeanne Shaheen (D-N.H.), Dianne Feinstein (D-Calif.), Martin Heinrich (D-N.M.), Ron Wyden (D-Ore.), Tammy Duckworth (D-Ill.), Edward J. Markey (D-Mass.), Tammy Baldwin (D-Wis.), Kamala D. Harris (D-Calif.), Jack Reed (D-R.I.), Robert Menendez (D-N.J.), Robert P. Casey, Jr. (D-Pa.), Bernard Sanders (I-Vt.), Cory A. Booker (D-N.J.), Jeffrey A. Merkley (D-Ore.), Debbie Stabenow (D-Mich.), and Christopher S. Murphy (D-Conn.). 

The full text of the letter is below and the PDF can be found here. 

Dear Mr. Vought: 

We are writing to urge you to direct federal agencies to work with contractors to provide back pay to compensate low- and middle-income contractor employees for the wages they have lost as a result of not being able to report to work during this government shutdown.

Contract workers and their families should not suffer the consequences of a shutdown that they did not cause. Low-wage service contract workers perform jobs that are absolutely vital to the government, such as food service, security, and custodial work. Many of these workers live paycheck-to-paycheck, and cannot afford to pay their rent and other bills if the shutdown continues.

After past shutdowns, contractor employees have generally not received back pay. In addition to our fight to protect federal workers who are being hurt by this shutdown, we are committed to righting this wrong for contractor employees. Government contracts typically have provisions to modify the terms of the contract. Federal contracting officers should use these provisions to work with contractors to provide back pay for employees who lost wages as a result of the government shutdown. 

Providing back pay to these low- and middle-income contractor employees who are furloughed by their employers is the right thing to do, and it is in the federal government’s best interest to provide funding to the extent necessary to ensure that contractors deliver back pay to their workers. Contractor employees cannot afford the chaos and uncertainty of government shutdowns, and some of these workers may seek other jobs if back pay is not provided to compensate for shutdown-related losses.

Most of all, this wasteful and destructive government shutdown must come to an end. We all support the legislation passed by the House of Representatives to reopen the government, which mirrors legislation that previously passed the Senate with overwhelming bipartisan support. 

We urge you to take immediate steps to ensure that contractor employees get the back pay that they deserve by providing clear directions for agencies and contractors to do so.

Thank you for your consideration, and we look forward to your reply. 

Sincerely,

###

Sens. Coons, Cruz introduce Cambodian Trade Act

WASHINGTON, D.C. – U.S. Sens. Chris Coons (D-Del.) and Ted Cruz (R-Texas) introduced the Cambodian Trade Act of 2019, which would require the administration to review the preferential trade treatment Cambodia receives under the General System of Preferences (GSP). The full bill text may be viewed here.

“I question whether Cambodia should have preferential access to U.S. markets,” Sen. Coons said. “Countries that undermine democracy, ignore labor standards, disregard human rights, and fail to protect intellectual property should not enjoy special trade privileges. During his 34-year reign, Hun Sen has shown his disdain for the rule of law and basic freedoms in Cambodia. I am pleased to introduce this bipartisan bill to reexamine Cambodia’s eligibility for benefits under the largest and oldest U.S. trade preference program to hold the Cambodian government to account.”

“America has invested in the political future of Cambodia by establishing reliable trade and commerce, as codified in the Generalized System of Preferences (GSP),” Sen. Cruz said. “Cambodia’s Prime Minister Hun Sen has exploited preferential treatment afforded to it by the United States and Europe. He has failed to meet basic labor rights standards, undermined the integrity of elections in Cambodia, and tilted toward China. The Cambodian Trade Act aims to hold him and his government accountable for this behavior, and reinforces steps our European partners are taking.”

###