[Extensions of Remarks]
[Pages E567-E568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPORT OF THE LAWYERS DEFENDING DEMOCRACY ``OPEN LETTER TO THE
PRESIDENT AND CONGRESS''
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HON. JAMIE RASKIN
of maryland
in the house of representatives
Thursday, May 9, 2019
Mr. RASKIN. Madam Speaker, while the nation has been focused on
Russian interference with the 2016 presidential election and questions
of presidential obstruction of justice, President Donald Trump's
violation of fundamental principles and norms of American democracy
have been far more comprehensive. In the last three months, more than
400 attorneys--including former federal and state judges, United States
Attorneys, managing partners of large law firms, law deans and other
distinguished lawyers from around the country--have stepped forward in
a broad and unprecedented effort to defend American democracy and the
rule of law against official lawlessness.
The lawyers have signed and published an ``Open Letter to The
President and Congress'' identifying five fundamental norms and
principles of our democracy which they believe the President has
violated. These violations involve the President's unjustified attacks
on the mainstream media, courts, law enforcement and intelligence
agencies, his repeated lying to the public, and failure to respect
civil discourse and peoples from all backgrounds. The Letter's Appendix
cites examples of violations of each principle.
The Letter emphasizes that it is ``NOT about disagreements over
Republican or Democratic policies, liberal or conservative ideology, or
political party advantage. The values and principles threatened here
are much deeper, and are much more important, than politics, policy
differences and any politician's self-interest. They're the bedrock of
our American, constitutional, democratic form of government for all
times.''
The Letter notes that: ``[u]nless challenged and checked, the pattern
of disregard weakens the norms that underpin American self-government
and invites unfettered Executive power--transforming the United States
from a democracy to an autocracy. As members of the legal profession,
pledged to support the rule of law and the constitutional separation of
powers, we must not allow this to happen.'' I am pleased to endorse
this Letter and Appendix by Lawyers Defending American Democracy,
www.lawyersdefendingdemocracy.org, and include them in the Record.
We are fortunate that, at a time of rising authoritarianism around
the world, lawyers in the United States are standing strong for the
rule of law and the Constitution.
Open Letter of Lawyers Defending American Democracy
We live at a time when America's fundamental values are
under attack. As American lawyers, we're deeply concerned
about protecting the democratic institutions and principles
that have enabled America to be the world's preeminent beacon
of freedom and opportunity.
As lawyers, we have the responsibility to defend the
underlying constitutional values and norms of political
behavior on which our democracy depends. These core values
and principles include: the rule of law; institutional checks
and balances; separation of powers; press freedom;
truthfulness to the public; and the integrity of our system
of justice.
Accordingly, we, as lawyers, cannot ignore or remain silent
about President Donald Trump's disregard of these core values
and principles. We must speak out.
Yet, we recognize that elections have consequences. This
effort to energize and mobilize our legal profession is
emphatically NOT about disagreements over Republican or
Democratic policies, liberal or conservative ideology, or
political party advantage. The values and principles
threatened here go much deeper, and are much more important
than politics, policy differences and any politician's self-
interest. They're the bedrock of
[[Page E568]]
our American, constitutional, democratic form of government.
Specifically, we call on the President to respect and honor
the following fundamental principles and norms of American
democracy:
Independence, integrity and the critical role of mainstream
media: An independent and watchful mainstream media is, and
always has been, an essential component of American
democracy.
Independence, integrity, competence and nonpartisanship of
the judiciary: The independence, integrity, competence and
nonpartisanship of our judiciary is, and from the founding of
our Nation has been, a central pillar of our democratic
system.
Truthfulness of public officials: Our democracy is built on
trust and telling the people the truth about public matters;
the maintenance of that trust and Americans' ability to make
informed and rational public decisions require our leaders to
provide honest, factual information to us all.
Independence, integrity, competence and nonpartisanship of
federal criminal justice and intelligence agencies, including
Department of Justice (DOJ) and FBI: Nonpartisan
independence, integrity and competence are critical to the
fairness of our federal criminal justice system and
intelligence agencies.
Civil discourse and fair treatment, including the respect
for rights and the dignity of all individuals, regardless of
race, ethnicity, national origin, religion, gender,
disability or sexual orientation: Civil discourse and fair
treatment, including respect for the rights and dignity of
all individuals, is an essential ingredient of American
democracy.
The President's attacks on these core American democratic
principles undermine the foundations of our Constitution and
threaten the rule of law. Unless challenged and checked, this
pattern of disregard weakens the norms that underpin American
self-government and invites unfettered Executive power--
transforming the United States from a democracy to an
autocracy. As members of the legal profession, pledged to
support the rule of law and the constitutional separation of
powers, we must not allow this to happen.
Fortunately, a group of prominent conservative lawyers has
recently spoken out on many of these same issues through a
new organization, ``Checks and Balances.'' Now, other members
of the bar must no longer remain silent.
We call on the leaders of America's bar associations, law
schools, law firms and fellow lawyers nationwide to speak
out, on a nonpartisan basis, against these attacks on the
core of our democratic constitutional form of government. As
lawyers, we have a responsibility to uphold ``the rule of
law'' and prevent ``the law of rulers.'' Wherever you live
and work--in cities, towns, rural areas, suburbs--American
democracy needs to hear your voice.
Appendix
We list below the five fundamental principles and values of
American democracy highlighted in our Open Letter to the
President. Under each principle, we describe patterns or
examples of behavior by the President that we believe
constitute serious violations of these principles. The
examples are not intended to be comprehensive and may be
added to in the future.
Principle: Independence, integrity and the critical role of
mainstream media.
Pattern of Violations: Nevertheless, the President has
labeled the mainstream news media that have earned our trust
through decades of relentless, factual reporting as the
``enemy of the American people!'' and has repeatedly
criticized reporting he dislikes as ``Fake News.''
Principle: Independence, integrity, competence and
nonpartisanship of judiciary.
Pattern of Violations: Nevertheless, the President has
criticized ``our Court System'' as ``broken and unfair'' and
has pilloried the judges and decisions of an entire Federal
Circuit as ``[a] terrible, costly and dangerous disgrace.''
He has publicly labeled a federal judge with whose decision
he disagreed a ``so-called judge''. And he sought to
undermine the public's confidence in the integrity of another
federal judge--who had ruled that the President's immigration
policy violated express statutory language--by calling him
``an Obama judge.''
Principle: Civil discourse and fair treatment, including
respect for rights and dignity of all individuals, regardless
of race, ethnicity, national origin, religion, gender,
disability or sexual orientation.
Examples of Violations: Nevertheless, the President has
said that there were ``some very fine people on both sides''
of the murderous Charlottesville white nationalists'
demonstrations. He's approved the removal of thousands of
children from their immigrant parents, for extended time
periods, and has publicly insulted several respected African-
American female journalists.
Principle: Independence, integrity, competence and
nonpartisanship of federal criminal justice and intelligence
agencies, including Department of Justice (DOJ) and FBI.
Examples of Violations: Nevertheless, the President has
attacked the DOJ for indicting Republican Congressmen for
serious financial crimes because the indictments would harm
the chances for reelecting Republicans. He has attacked and
removed former Attorney General Jeff Sessions for lack of
personal loyalty, after having previously complained that:
``I don't have an Attorney General.''
He has accused the special counsel's deliberate,
professional, lawful investigation of Russian interference
with the 2016 election as the ``rigged Mueller Witch Hunt!''
And, he has rejected the U.S. intelligence community's
consensus finding of Russian interference in that election,
because Vladimir Putin, the autocratic Russian President,
told the President that there was no interference.
Principle: Truthfulness of public officials.
Examples of Violations: [. . .] The Washington Post has
documented more than 7,500 ``false or misleading claims'' by
the President
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