Impeachment

Floor Speech

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Mr. DURBIN. Madam President, I come to the floor of the Senate today at a moment that will be remembered in history. In just a few hours, the Chief Justice of the Supreme Court will come to this Chamber and will be sworn in as the Presiding Officer in the impeachment trial of President Donald John Trump. He will then administer an oath to each Member of the U.S. Senate. It is an oath that is included in our Senate manual. It is very brief, only 35 words, and it bears repeating for the record at this moment.

Each Senator will be asked to make the following oath and affirmation: ``I solemnly swear that in all things appertaining to the trial of the impeachment of Donald John Trump, now pending, I will do impartial justice according to the Constitution and laws: so help me God.''

In just 35 words, that oath binds all of us--Republicans and Democrats--who swear by that oath to do impartial justice. The Founding Fathers, and others, could have been much more elaborate in describing the process we face, but in its simplicity, this oath really tells us what we will face in the coming days.

I believe more than ever, starting on Tuesday, when the impeachment trial begins in earnest on the floor of the Senate, America will be watching. Many Americans have busy lives--personal, private, family, and professional--and don't tune in to the political events of the moment as many of us do, but I think more and more will be watching come Tuesday. They are going to see a historic moment, only the third time in history when a President of the United States faces impeachment. What will they find? Will they find an effort to do impartial justice? Will they find partisanship? Will they find a real trial?

I think it is important for us to realize that a real trial includes evidence. As a lawyer, I brought many cases to trial, a few of them to verdict. I had to prepare my case, not just my theory of the law or statement of facts but proof, real proof that came from documents and witnesses. That is what a real trial is about. Unfortunately, on the other side, the majority leader has suggested we don't need witnesses and that it is only evidence of the weakness of the impeachment charges. I think he is wrong.

As the Democratic leader said this morning, history will prove him wrong because in impeachment trial after impeachment trial, evidence and witnesses have been presented. That is the tradition and the precedent of the U.S. Senate.

If there is an effort to short circuit that, to eliminate the witnesses and the evidence, I think it will be obvious to the American people who are following this what is underway.

In this morning's newspapers, it was reported that the President's defense team has been ready, anxious, if you will, for this impeachment trial to begin and equally anxious to end it as quickly as possible. I hope they don't prevail in that sentiment because a race to judgment may not serve the cause of impartial justice. We believe that the House managers should be allowed to make their presentation, and they will, and the President's defense team, as well. We believe that Members of the Senate should hear those arguments and then proceed to consider any additional evidence.

What kind of evidence may be relevant? As Senator Schumer, of New York, mentioned just a few minutes ago, it seems that every day there unfolds another chapter in this story. Every day we learn of the efforts of the President's self-described personal attorney, Rudolph Giuliani, to appeal directly to the leadership of Ukraine to initiate a political investigation of the Biden family, to serve President Trump's political interest in the 2020 Presidential campaign.

We have also heard repeatedly on the floor that there have been no allegations of anything that was illegal or criminal on the part of the President. The standard in the Constitution for impeachment does not require the violation of a Federal crime. Our Constitution was written before any statutes creating Federal crimes had been created. Rather, the phrase ``high crimes and misdemeanors'' was used as a standard to be imposed on the President.

But we just received information in the last 24 hours from the General Accountability Office, which does raise very serious concern about illegality of the President's action in withholding the funds appropriated by Congress to support the Ukrainian defense efforts against the invasion of Russian troops by Vladimir Putin and their country.

As a Member of the Senate Appropriations Committee, ranking member of the Defense Subcommittee, I can recall when we, on a bipartisan basis, decided to provide additional assistance to Ukraine in the form of hundreds of millions of U.S. tax dollars so that they could defend themselves against the invasion of Vladimir Putin. That money was appropriated and we believed would be sent in a timely way to the Ukrainians to defend their own country. Little did we know that money would become part of the bargaining between President Trump and the President of Ukraine as to this political investigation. It turns out that money was withheld until the very last moment. In fact, as I was offering an amendment in the Senate Appropriations Committee, and I was told that the night before--late the night before--the President finally released the funds.

Questions were raised by Senator Van Hollen to the Government Accountability Office as to whether or not it was legal or illegal for the administration to withhold those funds. We have now received the statement from the General Accountability Office. They have held that the President's withholding of funds to Ukraine violated Federal law. The Government Accountability Office has a sterling reputation as a nonpartisan watchdog with taxpayers' dollars. GAO's legal opinion today concludes that President Trump and his administration violated the law by putting a hold on military aid to Ukraine while that country was trying to defend itself against an invasion ordered by Vladimir Putin.

This is an important ruling that deserves a thorough hearing in the impeachment trial. It should be part of the evidence of wrongdoing by the President, especially as it relates to the alleged abuse of power. I also hope this ruling will convince the administration to speed the additional delivery of $250 million in military aid, which the Congress has also sent to Ukraine.

I am going to yield the floor because I know one of my colleagues is coming to speak.

In just a few hours, this Chamber will be transformed. As we noted yesterday, at about 5:38 p.m., when the clerk of the House arrived with the Articles of Impeachment, there was a change in the atmosphere and environment of this Chamber, and I can sense it even today. We realize we are only moments away from a historic meeting of this Chamber on the issue of Presidential impeachment. When we take that oath of office, each and every one of us, swearing impartial justice, we need to remember that not only is America watching but history will hold us accountable.

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