Washington, DC – U.S. Senator Chris Coons (D-Del.), the first Delaware Senator in more than four decades to serve on the critical Appropriations Committee, joined his colleagues on the committee to approve the annual appropriations bill for Transportation, Housing and Urban Development, and Related Agencies. This appropriations bill supports Sen. Coons’ priority of investing in America’s transportation infrastructure.
Senator Coons fought for $1.6 billion in funding for Amtrak and for rail development programs recently authorized through the FAST Act: $92.5 million for Consolidated Rail Infrastructure and Safety Improvements (CRISI), $26 million for Federal-State Partnership for State of Good Repair, and $5 million for Restoration and Enhancement Grants. Senator Coons also fought for $3.6 billion for the Airport Improvement Program and $45 billion for the Federal-Aid Highways Program. The funding for Amtrak will ensure that rail passengers are able to easily move to and from Wilmington for business and personal reasons. The Airport Improvement Program has funded many upgrades in the past few years at a number of airports throughout the state. Funding for the Federal-Aid Highways Program supports Delaware highway systems by providing financial assistance for construction, maintenance and operations.
“We value our infrastructure and we need to continue these investments,” said Sen. Coons. “These investments are important to our families and children so they can enjoy safer highways, modern airports, and quality rail service now and into the future.”
“In order to bring a world class rail system that every American can be proud of, we must start with funding the very things that keep the country rolling; tracks, bridges, tunnels and rail equipment,” said John McCloskey, General Chairman of Sheet Metal Air Rail Transportation Union. “The American public, the tax payers, deserve better than an underfunded Amtrak who must operate over tracks and tunnels that are over a hundred years old in some places. We need to invest now in American steel, American concrete, American locomotives and American jobs that provide the type of jobs that families can live and be able to send their kids to college. “I have seen the fruits of these investments first hand in my home State of Delaware through TIGER grants that have helped our rail system and port of Wilmington.”
Senator Coons also fought for an increase to $550 million for the Transportation Investment Generating Economic Recovery (TIGER) grant program. While President Trump had proposed eliminating the TIGER grant program, the Appropriations Committee rejected this idea. The TIGER grant program is extremely popular, helping fund a wide variety of infrastructure projects through a competitive grant process. The TIGER grant program helps state and local governments pay for new highways and bridges, public transit projects, railways, and port infrastructure; and finances innovative shovel-ready projects to improve the U.S. transportation system. The recent announcement in Newark rail station improvements will be partially funded by TIGER grants. Delaware has received four TIGER grants that have been used to design and build the Newark rail station, improve the port of Wilmington, and build the new Claymont station.
Washington, DC – U.S. Senator Chris Coons (D-Del.), the first Delaware Senator in more than four decades to serve on the critical Appropriations Committee, joined his colleagues on the committee to approve annual appropriations bill Commerce, Justice, Science, and Related Agencies. This appropriations bill supports numerous programs that Delaware has come to rely on to support and protect exploited children and vulnerable families.
Senator Coons fought for the $21 million appropriation to the Victims of Child Abuse Act (VOCA) which helps funds Children’s Advocacy Centers in the United States. Delaware has three CACs, one in each county. Delaware’s CAC’s investigate about 250 cases and conduct more than 1,400 interviews a year.
“Senator Coons’ leadership in ensuring the continued funding of the Victims of Child Abuse Act means that Children’s Advocacy Centers in Delaware and across the county continue to have the necessary funding to provide critically important services to child victims of abuse,” said Randall E. Williams, CEO Children’s Advocacy Center of Delaware. “Without VOCAA funding we would be forced to reduce the array of services currently provided to child victims in Delaware.”
VOCA is supported by the National Association of Police Organizations, Association of Prosecuting Attorneys, Major County Sheriffs’ Association, National Criminal Justice Training Center, Major Cities Chiefs’ Association, National Children’s Alliance, National Children’s Advocacy Center, National Center for Victims of Crime, Sergeants Benevolent Association of the New York City Police Department, and the National Child Protection Training Center.
Senator Coons also fought for $76 million to fund Missing and Exploited Children programs across the country and in Delaware. A portion of this funding will be dedicated to investing in the technology needed to pace the evolving threat against children and will be used to assist law enforcement in protecting child victims of trafficking and sexual abuse.
Sen. Coons: “I am concerned that Attorney General Sessions has not honored the scope of these recusals.”
Sen. Coons pushes specifically on Sessions’ role in firing former FBI Director Comey
Sen. Coons: “Whether Mr. Comey was fired because of the Clinton email investigation or the investigation into collusion between the Trump campaign and Russia during the presidential campaign, the reason for Mr. Comey’s dismissal falls squarely within Attorney General Sessions’ recusals.”
WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, today sent a letter to Robin C. Ashton, Counsel, Office of Professional Responsibility in the Department of Justice to request information about whether Attorney General Sessions has violated his recusals. The Senator also requested information on the systems, policies, and procedures in place at the Department of Justice to effectuate the recusals, document and communicate their scope, and ensure compliance.
“I am concerned that Attorney General Sessions has not honored the scope of these recusals. His involvement in the dismissal of FBI Director James Comey is especially troubling,”Senator Coons says in the letter. “Whether Mr. Comey was fired because of the Clinton email investigation or the investigation of collusion between the Trump campaign and Russia during the presidential election, the reason for Mr. Comey’s dismissal falls squarely within Attorney General Sessions’ recusals. “
Recusals protect our democratic institutions from conflicts of interest, so the public knows that investigatory and prosecutorial decisions are made based on the facts and the law, not personal biases, political relationships, or financial interests. There is serious concern that Attorney General Sessions has not honored the scope of these recusals; most notably, his involvement in the dismissal of FBI Director James Comey. As a result, Senator Coons believes that it is more important than ever that the public knows whether proper procedures are in place to document and communicate the scope of recusals, ensure compliance, and provide notice of any violations.
Read the full letter below:
July 27, 2017
Robin C. Ashton
Counsel, Office of Professional Responsibility
The Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001
Dear Ms. Ashton:
I am writing to request information regarding Attorney General Sessions’ recusals, including the systems, policies, and procedures in place at the Department of Justice to effectuate the recusals, document and communicate their scope, and ensure compliance.
Recusals are not simply legal technicalities. They protect our democratic institutions from conflicts of interest, so the public knows that investigatory and prosecutorial decisions are made based on the facts and the law, not personal biases, political relationships, or financial interests. Federal regulations require recusal of Department of Justice employees from criminal investigations and prosecutions where the employee “has a personal or political relationship with . . . [a]ny person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or . . . which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.” Additionally, executive branch employees generally cannot knowingly participate in a “particular matter involving specific parties [that] is likely to have a direct and predictable effect on the financial interest of a member of his household” without express agency approval.
To comply with his legal obligations, Attorney General Sessions publicly announced his recusal from two matters. At his Senate confirmation hearing, then-Senator Sessions confirmed that, as attorney general, he would “recuse [him]self from both the Clinton email matter and any investigation involving the Clinton foundation.” Later on, after public reports of his undisclosed meetings with Russian officials, Attorney General Sessions announced that he was “recus[ing] [him]self from any existing or future investigations of any matters related in any way to the campaigns for President of the United States,” including, most notably, the investigation of Russian interference in the 2016 presidential election and possible collusion between Russian officials and the Trump campaign.
I am concerned that Attorney General Sessions has not honored the scope of these recusals. His involvement in the dismissal of FBI Director James Comey is especially troubling. Two justifications have been offered for Mr. Comey’s dismissal:
?On May 9, the day of Mr. Comey’s dismissal, the White House released a statement representing that President Trump based his decision “on the clear recommendations of both Deputy Attorney General Rod Rosenstein and Attorney General Jeff Sessions.” The rationale supporting these recommendations came in the form of Deputy Attorney General Rosenstein’s memo, which focused exclusively on Director Comey’s conduct during the Clinton email investigation. This memorandum was addressed to the Attorney General, despite Attorney General Sessions being recused from its subject matter.
?On May 11, in an interview with NBC News, President Trump stated that “[r]egardless of recommendation [he] was going to fire Comey,” claiming that “this Russia thing with Trump and Russia is a made up story.”
Whether Mr. Comey was fired because of the Clinton email investigation or the investigation of collusion between the Trump campaign and Russia during the presidential election, the reason for Mr. Comey’s dismissal falls squarely within Attorney General Sessions’ recusals.
As a result, it is more important than ever that we know whether proper procedures are in place to document and communicate the scope of recusals, ensure compliance, and provide notice of any violations. Please provide answers to the following questions, based on relevant provisions of the American Bar Association Model Rules of Professional Conduct and National District Attorneys Association National Prosecution Standards Manual.
Provide documentation of Attorney General Sessions’ recusals, including any communications circulated to White House staff, Department of Justice employees, and outside lawyers retained to work on these matters announcing the recusals and/or defining their scope, as well as a list of individuals to whom the communications were distributed.
Provide documentation completed by Attorney General Sessions acknowledging his obligations under the terms of the recusals, such as his obligation not to communicate with any other employees at the White House, Department of Justice, or outside lawyers regarding matters on which he is recused, to the extent such documentation exists.
Describe in detail how new matters are evaluated to determine whether they are within the scope of Attorney General Sessions’ recusals, including criteria applied to this assessment, the names of the personnel involved, and related documentation.
Describe all systems, policies, and procedures that are in place to ensure that Attorney General Sessions does not have access to documents or communications related to the matters on which he is recused, including but not limited to documents and communications in electronic form.
Provide all written notice and instructions given to White House staff, Department of Justice employees, and outside lawyers retained to work on these matters prohibiting any communication with Attorney General Sessions regarding matters on which he is recused, as well as a list of individuals to whom the notice and instructions were distributed.
Explain the protocol for reporting known or suspected violations of the recusal, including but not limited to the names of the individuals who are responsible for receiving reports, the names of individuals who are responsible for determining whether a violation occurred, documentation of the protocol, and a list of individuals to whom that protocol was distributed.
Provide all documents and communications that have issued to Attorney General Sessions and/or to White House staff, Department of Justice employees, and outside lawyers reminding the recipients of the scope of Attorney General Sessions’ recusals, a list of individuals to whom the documents and communications were distributed, as well as the intervals at which such reminders are issued.
Report any violations of Attorney General Sessions’ recusals to the Senate Judiciary Committee within 10 business days of their occurrence or, if not discovered within that time period, within 3 business days of their discovery.
I look forward to your response as soon as possible but no later than August 10, 2017.
Washington, DC – U.S. Senator Chris Coons (D-Del.), the first Delaware Senator in more than four decades to serve on the critical Appropriations Committee, joined his colleagues on the committee to approve annual appropriations bill Commerce, Justice, Science, and Related Agencies. This appropriations bill supports numerous programs that Delaware’s law enforcement has come to rely on. Senator Coons, co-chair of the Senate Law Enforcement Caucus, fought for $22.5 million in funding the Bulletproof Vest Partnership. Since 1999, the BVP program has awarded more than 13,000 jurisdictions, a total of $412 million in federal funds for the purchase of over one million vests as of June 2016.
“The federal Bulletproof Vest Partnership program makes those bulletproof vests — which can cost more than $500 each — more affordable, helping ensure that when officers go out to protect our communities, they can do so safely,” said Sen. Coons. “The program has saved thousands of lives nationwide. I’m proud to prioritize efforts to ensure we provide the resources to protect those who protect us.”
Last year in Delaware, 10 agencies have received 800 bulletproof vests through the Bulletproof Vest Partnership.
“The Delaware Police Chiefs Council, which represents all police agencies in Delaware, would like to thank Senator Coons for his continued support of law enforcement,” said Bill Bryson, Chief of Police Camden Police Department and Chairman, Delaware Police Chiefs Council. “Since soft body armor is typically replaced every 5 years because of the limited manufactures warranty, the Bulletproof Vest Partnership program has saved police agencies across the country millions of dollars since its inception. Without this valuable program, some Delaware police departments could not afford to keep their officers outfitted with the most up to date bullet stopping technology.”
Also included in the Commerce, Justice, Science, and Related Agencies appropriations bill is more than $225 million dollars in funding for Community Oriented Policing Services (COPS). Community policing begins with a commitment to building trust and mutual respect between police and communities. It is critical to public safety, ensuring that all stakeholders work together to address our nation’s crime challenges. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.
In the past few years, COPS grants have been used to hire officers in Laurel, New Castle County, and Wilmington.
Sen. Coons: “To do this with no substantive hearings on this bill, with no bill right now, and with no opportunity for the folks who care for us, for nurses and doctors, health care providers, hospital leaders, to testify about it is just malpractice in public health.”
Sen. Coons on Trump possibly firing AG Sessions during August recess: “We’re going to take steps to make sure that the president doesn’t have the ability to make a recess appointment.”
WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, today joined CNN New Day to discuss his reactions to Anthony Scaramucci’s exclusive interview, Attorney General Sessions, and recent developments in the ongoing health care debate.
“What we think the Republicans are ultimately going to go to is a so-called skinny repeal. But from what we understand about it, it will be a big fat problem for about 16 million Americans who will get thrown off of health care if they repeal the individual mandate, the employer mandate, the medical device tax and the public health improvement fund of the ACA, which is what we are guessing will be in the final sort of thinned down repeal approach,” said Senator Coons.“It will actually have a huge and negative impact on millions of Americans. To do this with no substantive hearings on this bill, with no bill right now, and with no opportunity for the folks who care for us, for nurses and doctors, health care providers, hospital leaders, to testify about it is just malpractice in public health.”
Senator Coons on Anthony Scaramucci: I thought that was a striking exchange. And I — I almost don’t know what to say in response. I mean, embedded in that very long exchange with Chris Cuomo were a couple of pretty striking suggestions. To me, the one that jumped out was that President Trump might veto a very strong bipartisan Russia sanctions bill. It came out of the Senate 98-2. If that’s not a veto-proof majority, I don’t know what is. It came out of the House with an even greater margin. And it would impose new sanctions on Russia, on Iran, and on North Korea. I think there’s no doubt that all three of those countries are adversaries of the United States, pose a threat to the United States, and the idea that the president wouldn’t embrace that leadership from the Congress is pretty striking. Of all the things that Anthony Scaramucci had to say, that one sort of jumped off the page at me. Senator Coons on President Trump and a possible recess appointment for Attorney General:Well, first, I think before we go out on recess, we’re going to take steps to make sure that the president doesn’t have the ability to make a recess appointment. This was an issue that was litigated when President Obama was in office. The Supreme Court made it clear only if we recess for ten days or more does the president have the ability to make a recess appointment. And one of the few powers the minority has is to set the terms of adjournment in negotiation with the majority. I think that there were very strong statements by conservative Republican senators that they would be upset by the abrupt firing of the attorney general. The Chairman of the Judiciary Committee, Chuck Grassley of Iowa, we’re not likely to be taking up a new attorney general confirmation. So I think there’s strong pushback both in defense of attorney general by his friends and former colleagues here, and I think you will see some tough work by Democrats to make sure that the president doesn’t have a window to make a recess appointment. And I think that’s a good thing that we’re working in a bipartisan way to make sure we’re following the regular order and that the Senate isn’t cut out of its constitutional role of advice and consent.
Senator Coons on having his own issues with Sessions:Yes.
Senator Coons on his letter regarding Sessions’ recusals:What I would like the attorney general to do is honor his recusal. He did the right thing in his confirmation hearing and in the days afterwards in saying that he would step back from any ongoing investigation involving the presidential campaign. He was one of President Trump’s earliest supporters and strongest advisers. He campaigned with him across the country. When some concerns were raised in his confirmation hearing about how independent he might if there were an investigation ongoing into either the Trump campaign and potential collusion with Russia or revisiting of the Hillary Clinton e-mail issue. He voluntarily recused himself, which was the right thing to do in terms of DOJ policy. I want him to respect that. If he has stepped back from matters involved in the presidential campaign, then why was he directly involved in firing FBI Director Jim Comey were the publicly given reasons for why he was fired were either because of his handling of the Hillary Clinton email investigation, that’s what Rod Rosenstein said, or because of the Russia investigation and trying to get it, quote/unquote, off my back, which I believe is what President Trump said. So I just want to make sure he’s doing his job, he’s doing his job in compliance with recusal and continuing to direct the Department of Justice in a way that keeps faith with the commitments he made to those of us in the Senate who had some real concerns about his unreported meetings with the Russian ambassador.
Senator Coons on health care: Well, the first big question is what’s the bill? Remember, 50 Republican senators voted to go into debate on a bill without having a bill. So Minority Leader Chuck Schumer last night said we’re going to stop moving forward on Democratic amendments until we see the actual bill. They are calling it a skinny repeal. What we think the Republicans are ultimately going to go to is a so-called skinny repeal. But from what we understand about it, it will be a big fat problem for about 16 million Americans who will get thrown off of health care if they repeal the individual mandate, the employer mandate, the medical device tax, and the public health improvement fund of the ACA, which is what we are guessing will be in the final sort of thinned-down repeal approach. It will actually have a huge and negative impact on millions of Americans. To do this with no substantive hearings on this bill, with no bill right now and with no opportunity for the folks who care for us, for nurses and doctors, health care providers, hospital leaders, to testify about it is just malpractice in public health.
WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement after incoming White House Communications Director Anthony Scaramucci told CNN this morning that President Trump may veto sanctions on Russia that have overwhelming, bipartisan support in both chambers of Congress. “He may veto the sanctions and negotiate an even tougher deal against the Russians,” Scaramucci said this morning.
“The President would be making a grave mistake if he vetoes sanctions on Russia that have passed Congress with an overwhelming, veto-proof majority,” said Senator Coons. “The idea that President Trump will negotiate tougher sanctions isn’t credible.”
Washington, DC – U.S. Senator Chris Coons (D-Del.), the first Delaware Senator in more than four decades to serve on the critical Appropriations Committee, joined his colleagues on the committee to approve annual appropriations bill Transportation, Housing and Urban Development, and Related Agencies. This appropriations bill supports numerous programs that Delaware relies on to ensure that housing is affordable, safe, and reliable.
While President Trump’s budget request attempted to zero out funds for vital programs like HOME, CDGB, etc. Sen. Coons worked to protect these programs from funding cuts.
“From my years serving in local government as County Executive and Council President, I saw the positive effects of these vital housing programs that helped families get their first house, to stay in their house, to build and raise a family – these programs are critical to the fabric of our community, and it was my honor to fight for them,” said Sen. Coons.
For example, last year in New Castle County alone, over 2,800 households were served through CDBG, ESG and HOME projects and 66% of persons served earned less than 50% of average median income. The CDBG funded home repair program, assisted 40 senior headed households, and assisted on critical emergency repairs which allow homeowners to remain in their homes. This includes the replacement of 8 HVAC systems, 14 Roofs and 5 septic, sewer or water lines.
“Habitat for Humanity in Delaware is grateful for the tireless efforts and leadership that Senator Coons has provided for the HUD programs that impact our ability to provide homeownership opportunities, said Kevin L. Smith, CEO of Habitat for Humanity of New Castle County. “Sen. Coons has been on the front lines for the SHOP, HOME and CDBG programs. These programs help us produce a dozen new homes annually, and renovate a dozen more existing owner occupied homes, and leverage hundreds of thousands of other dollars from private sources.”
HOME Investment Partnership Senator Coons fought for $950 million in HOME Investment Partnership funding. The HOME program provides funds for a variety of housing activities including tenant-based rental assistance; housing rehabilitation; assistance to homebuyers; and new construction of housing. HOME funding may also be used for site acquisition, site improvements, demolition and relocation.
Community Development Block Grant (CDBG) Program Senator Coons fought for $3 billion in CDGB program funding. This flexible program, used by 1,209 local governments and states provides communities with resources to address a wide range of unique community development needs. Beginning in 1974, the CDBG program is one of the longest continuously run programs at HUD.
Self-Help Ownership Opportunity Program (SHOP) Senator Coons fought for $10 million in funding for the SHOP program. SHOP awards grant funds to eligible national and regional non-profit organizations to purchase home sites and develop or improve the infrastructure needed to set the stage for sweat equity and volunteer-based homeownership programs for low-income persons and families.
WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, joined Morning Joe to discuss President Trump’s recent comments about Attorney General Jeff Sessions.
“I think there’s going to be widespread opposition to an abrupt firing of Attorney General Jeff Sessions,” said Senator Coons. “Attorneys general pledged their loyalty to the United States Constitution, not to an individual president, and President Trump doesn’t seem to understand that. His repeated harassment of Jeff Sessions based on his recusal suggests he just doesn’t understand that.”
“During the Obama administration, Republicans then in the minority in the Senate for much of it refused to recess, so every three days we would have what’s called a pro forma session, that’s what I think will block, so there is a confirmation hearing at which I would expect Republicans and Democrats would raise tough questions about this ongoing Russia investigation, about whether the next attorney general would agree to fire Bob Mueller, because I think that’s what’s really President Trump’s objective here is to put in place an attorney general who will fire Bob Mueller,”said Senator Coons.
Senator Coons on Attorney General Jeff Sessions: First, I think the Senate will take action to make sure the president can’t make a recess appointment, that once we leave for our August recess or what’s left of it, that the president doesn’t have the opportunity to appoint someone as attorney general without the appropriate review and consent by the United States Senate. Second, I think there’s going to be widespread opposition to an abrupt firing of Attorney General Jeff Sessions. Attorneys general pledged their loyalty to the United States Constitution, not to an individual president, and President Trump doesn’t seem to understand that. His repeated harassment of Jeff Sessions based on his recusal suggests he just doesn’t understand that. So I think we would see strong and bipartisan resistance to the firing of Jeff Sessions, and I think the president would have great difficulty getting a successor attorney general confirmed in the Senate without confirmation hearings and those confirmation hearings would focus on the importance of the independence of the attorney general which is exactly the topic the president seems to want to avoid. More on Sessions: No, let me be clear. We’ll try to block a recess appointment so the president can appoint someone without a confirmation hearing or a vote by the Senate during a full recess. During the Obama administration, Republicans then in the minority in the Senate for much of it refused to recess, so every three days we would have what’s called a pro forma session, that’s what I think will block so there is a confirmation hearing at which I would expect Republicans and Democrats would raise tough questions about this ongoing Russia investigation, about whether the next attorney general would agree to fire Bob Mueller, because I think that’s what’s really President Trump’s objective here is to put in place an attorney general who will fire Bob Mueller.
Senator Coons on whether President Trump can fire Bob Mueller: That’s correct, he cannot fire him, himself. That has to be done through the Department of Justice since the attorney general recused himself from oversight of the investigation, it would have to be Rod Rosenstein, the deputy attorney general. If the deputy attorney general refused to do so it would go to his deputy and so forth, just as happened in 1974 when a series of folks resigned.
More on Sessions and Mueller: What am I drawing on to reach the conclusion that the president can’t directly fire the special counsel? Well, I haven’t reread the statute this morning, but it’s my impression that the special counsel serves at the pleasure of the attorney general and that there are certain standards for his removal and that his removal is only at the pleasure of the attorney general. I may be wrong about that. I’m happy to review the statute.
More on Sessions and President Trump’s tweet on Murkowski: No. One of the things about this moment where the president is harassing Attorney General Sessions that is relevant here is that loyalty is an important value in politics. Senator Sessions really stuck his neck out for President Trump, really campaigned hard for him, and gave him credibility in the conservative movement in the United States and the idea that the president would personally attack the senator from Alaska who is widely respected for her independent streak will frankly only help her I think in her home state of Alaska which has a long tradition of charting their own path and of not necessarily following any particular president or his leadership. There were lots of legitimate questions on the floor last night, not least of which what Senator McCain said in his speech about where they’re going. There were 50 Republican senators who voted to get on the bill but then the bill that was taken up wasn’t passed. Nine Republican senators voted against it. It’s unclear where they’re going, and I think Senator Murkowski’s vote against going on the bill was because there’s no clear path forward.
WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, questioned Brian Benczkowski, nominee to be an Assistant Attorney General in the Criminal Division of the Department of Justice. Also being questioned today were Ralph R. Erickson, nominated to be the United States Circuit Judge for the Eighth Circuit, Dabney Langhorne Friedrich, nominated to be the United States District Judge for the District of Columbia, and Stephen S. Schwartz, nominated to be a Judge of the United States Court of Federal Claims.
“There is a disturbing trend across the Trump Administration, across several agencies, of nominating people whose main qualifications are personal or political loyalty, and who seem to have troubling or sometimes undisclosed ties with Russia, and I am struggling with the timing of [Mr. Benczkowski’s] representation,” said Senator Coons.
“Mr. Benczkowski, what do you make of the President’s recent public statements expressing a lack of confidence in the Attorney General?” said Senator Coons. “He’s described him as beleaguered, he’s questioned his prosecutorial priorities, he’s continued to, in my view, harass the Attorney General- does that raise concerns for you about the ability of the Department to operate independent of political interference?”
Senator Coons’ remarks and Q&A, as delivered, are below:
Senator Coons, opening remarks: Thank you Chairman Grassley and I’d like to thank you at the outset for the way you’ve conducted this hearing and many other proceedings in this committee. In this particularly difficult time, and when other committees are struggling to function in a partisan way, I respect the way you’ve provided opportunities to question and the opportunity to investigate thoroughly the troubling representation of Alfa Bank by one of the nominees today, which I’ll get to in moment. I just want to welcome all three nominees. Thank you and your families for your public service previously and going forward, and while I wish I had time to question all three of your thoroughly, I will mostly focus on the matter that’s occupied many of my colleagues. If I might, Mr. Benczkowski, I have concerns that the Attorney General has been violating the scope of his recusal; I have questions about it, as I referenced in our private meeting. If you were confirmed, what would you do to ensure that no one in the criminal division communicated with your former boss, Senator Sessions, now Attorney General Sessions, regarding the ongoing Russia investigation?
Mr. Benczkowski: I think I would make it clear on day one, Senator, that any such communications with the Fifth Floor and the Office of the Attorney General would be forbidden. That said, I don’t know, as I said here today, under what circumstances I might, or the Office might learn of anything that was going on in Special Prosecutor Mueller’s investigation, but I would make it clear from day one that no such communications with the Office on the Fifth Floor of the Justice Department, including with the Attorney General, should occur.
Senator Coons: Ms. Friedrich, you served in the White House Counsel’s Office during another politically charged time, and I’m concerned about the independence of the Justice Department and its ability to operate free from political interference. Could you just briefly comment on how important that independence is institutionally over a long period of time?
Ms. Friedrich: It is critically important that the Department of Justice function independently from the White House, and as Mr. Benczkowski discussed, there are very clear rules about communications between the White House and the Department of Justice, and this happens only at the very high levels, and that’s in order to protect the Department of Justice and its independence.
Senator Coons: Thank you. I see it as essentially important too. Mr. Benczkowski, what do you make of the President’s recent public statements expressing a lack of confidence in the Attorney General? He’s described him as beleaguered, he’s questioned his prosecutorial priorities, he’s continued to, in my view, harass the Attorney General- does that raise concerns for you about the ability of the Department to operate independent of political interference?
Mr. Benczkowski: Senator, as you know from my service to this committee and with Jeff Session, I’ve known him for quite some time, believe him to be a man of integrity, who cares deeply about the institutional independence of the Department. I think he goes to work every day doing his dead level best to protect that independence and those sorts of comments are painful and difficult for me to hear.
Senator Coons: Well, I too am concerned about what it indicates about the President’s state of mind and his intentions with regard to the Department. We talked about your previous experience at senior levels at the Department, about your lack of criminal prosecutorial experience your lack of any experience in prosecuting criminal trials, and you said you recognize that it creates a blind spot for you. How do you plan to oversee the prosecution of the most important criminal matters in our country having rarely appeared in the court room and never as a criminal prosecutor?
Mr. Benczkowski: Senator, thank you for that. The Criminal Division is a big place, 700 lawyers, thousands of support staff, and investigators. Seventeen sections. Being the Head of the Criminal Division in the first instance is principally a management and leadership job, and as I said previously, this would be my sixth such job at the Department. One of the things I’ve learned in the course of those previous positions is how important it is to consult, and listen to the career lawyers in the Department-
Senator Coons: I hope you will consult with them, forgive me, I’ve got just a minute left. My larger concern as a number of folks have said, you’ve got senior experience in the agency, you’ve got professional experience, but there is a disturbing trend across the Trump Administration, across several agencies, of nominating people whose main qualifications are personal or political loyalty, and who seem to have troubling or sometimes undisclosed ties with Russia, and I am struggling with the timing of your representation. I appreciate the opportunity we had to talk about the details of it, but I remain hung up on it. So let me ask a last question: you mentioned that attorneys from your team and Stroz Friedberg met with the FBI regarding the investigation and Alfa Bank but you didn’t participate out of an abundance of caution. What were you concerned about, and who did you consult? Did you consult the Ethics Committee at your firm, the general counsel of your firm, or consult the model rules of conduct? What were you concerned abut and how did you act on that?
Mr. Benczkowski: I was concerned at that point that my participation in that meeting, should I be nominated ultimately to head the Criminal Division, could somehow be seen as there being a conflict. And I didn’t think that for the client, again as a lawyer in private practice, my concern was for the client, and what that would mean for the client. So I stepped away. This was in part a concern about appearance down the road, but it was really out a concern that the communications between the client, its representatives, its lawyers, lawyers at Stroz Friedberg and the government be seen as pristine at that point.
Senator Coons, closing remarks: I appreciate that answer. I hope you can appreciate that the timing of your very senior role on the transition team, your representation of Alfa Bank and some of these unresolved question, have raised a great deal of concern for many of us, despite your previous experience here, and your long record for public service in other roles, and I think we have unresolved questions which I’ll submit for the record as well. Thank you to all three of the nominees today.
WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee, released the following statement urging members of the U.S. House of Representatives to pass sanctions against Russia for their interference in our 2016 presidential election and urging President Trump to quickly sign those sanctions into law:
“The intelligence community’s declassified report on Russia’s intervention in the 2016 presidential election assesses with high confidence that Russian President Vladimir Putin ordered a large-scale campaign to influence our election and undermine the American public’s faith in our democratic process. Russia must pay a price for its actions, and that starts by enacting sanctions against the Russian government for its meddling in our election. The Senate voted to pass sanctions on Russia with overwhelming bipartisan support, and members of the House of Representatives should also ensure that Russia is held accountable.
“The sooner the House passes sanctions against Russia, the sooner both chambers of Congress can agree on a final text and send the bill to President Trump. I strongly urge the President to sign these sanctions into law immediately, and send a clear and forceful message that the United States will not tolerate future interference.
“We have no quarrel with the Russian people. However, we will not stand for Russian government actions that undermine our democracy. Our electoral process is fundamental to our democracy, and we must defend the integrity of that process. The 2018 United States mid-term elections are quickly approaching, and we must ensure that Russia does not successfully interfere again. It is crucial that the House, the Senate, and the White House enact this bill quickly and protect our democracy moving forward.