Cloture Motion

Floor Speech

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Mr. BLUMENTHAL. Mr. President, on January 6, many of us stood right here toward the beginning of the day. In fact, most of us can remember, almost minute by minute, what occurred as we learned that the Capitol was under attack. It was under attack, not just metaphorically. It was actually under physical attack on that day by rioters who bore pipes and baseball bats and, yes, firearms and physically battered this place. And they threatened every one of us who was here.

They did more than threaten the police officers who defended the Capitol on that day. They actually assaulted those police officers. They attacked them brutally--sometimes with their own shields or with arms that they brought with them. They gave lasting, severe injuries to a number of them and, in some instances, contributed to their deaths. The mob violently attacked those police officers--punching them, kicking them, choking them, pepper-spraying them, plunging stun guns into their necks, beating them with all kinds of weapons, including flag poles, hockey sticks, as well as those baseball bats.

Many of us have heard Capitol Police officers recount their feelings on that day--terror, fear, guilt. They thought they would die. They even thought that that would be their last day, and some phoned their families to tell them as much. These brave officers suffer from severe and lasting injuries and trauma. Five died in the aftermath. All experienced some form of very severe pain and trauma.

Nearly 600 rioters were charged with assaulting law enforcement officers, and 170 of them were charged with using a deadly weapon or a dangerous weapon to commit the assault. True, they were not charged with killing anyone, but those charges against them were serious and severe. They were convicted by juries of everyday Americans who were instructed properly as to the law by judges who were simply following those statutes on the books, and they convicted those defendants, insurrectionists, rioters in proceedings that have been reaffirmed on appeal, where there were appeals, or where there were guilty pleas and an acknowledgment of responsibility from some.

Now, with clearly callous regard for the justice system, for those juries, for the prosecutors, for the judges, for the rule of law, the President has gifted them--gifted them--``full, complete, and unconditional'' pardons--``full, complete, and unconditional'' pardons--even after those proceedings of lawfully convicting them. Shame on him.

These sickening pardons are the ultimate show of disrespect for our police officers and a clear endorsement of political violence. His actions normalize political violence. They condone it--maybe even encourage it--because, from now on, those kinds of rioters who disrupt the lawful and peaceful transition of power or any other functioning of our government can at least hope for and, under this President, maybe expect that they will never be held accountable.

These pardons are a betrayal not only of these officers--the Capitol Police--on that day, who defended and protected us and who literally were willing to lay down their lives for our democracy, but these abuses of pardons show that it is past time for Congress to enact reform and implement restraints on the pardon power. America elects Presidents, not Kings with unfettered power. The pardon power was lifted--taken from England--by the Founders, who saw the practice in the monarchy at that time. It was one of the only powers--maybe unique among powers--in its being totally unchecked. We need accountability and transparency, starting with this resolution--transparency and accountability, starting here.

But we also need the measure that I propose, the Pardon Transparency and Accountability Act, which will impose some guardrails and safeguards: a statement by the President explaining why he is doing a specific pardon, because it is supposed to be an individualized judgment; then a justice impact statement that gives the victim of that crime or any related offense the opportunity to be heard and state a position; the prosecutors an opportunity to state a view; and a disclosure as to what lobby--maybe even campaign contributions--have been involved.

Ultimately--and I know we are speaking to history here--there needs to be a change in the Constitution, an amendment, that, in effect, shares that pardon power with other branches of government. It may be that pardons are appropriate whether as an exercise of mercy or ultimate justice or a recognition of rehabilitation for whatever reason. Maybe we need the pardon power, but it should not be unchecked and absolute in the President. We are limited as to what we can do in reform because it is in the Constitution. What we can do without a constitutional amendment by statute is simply to require some explanation, a justice impact statement, fuller disclosure, and more transparency and accountability in the limited ways that the Constitution permits, but we need to begin with this resolution today-- right away.

I urge my Republican colleagues who were protected on that awesomely terrible day and who now are silent--they are silent in the face of these sickening pardons--to join us. Come with us in condemning the violence that occurred and stand with the officers--the police, the law enforcement. Stand with the blue, and condemn the violence of that day. Stand with the officers who put their lives on the line and who suffered injury, maiming, and some deaths in the aftermath.

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