▶ 0:18:22>> good morning. Welcome everybody. Before I get to the agenda I would like to address this wii's hearing. This committee is not going to get into the democrats' ill-advised strategy to bring jack smith in before the investigative record is entirely ready.
▶ 0:18:50Kim stossel of the wall street journal had this to say about my recent document production. The facts to rollout about jack smith, "those facts are getting uglier." second, my democratic colleagues and the partisan media continue to sing a sob story about fired partisan doj and fbi personnel.
▶ 0:19:23I want to take this opportunity to remind my colleagues that many of the fired personnel retaliated against my whistleblowers during the biden administration. I did not hear a single peep from my democrat colleagues. Then about these whistleblowers lives being upended and destroyed.
▶ 0:19:50I believe part of the 16 people I help to get justice in the last year were some of these personnel. Not all those people want their jobs back, but they want their national security clearance. They want back pay. Some of them what some of them w one of their jobs back and got their jobs back.
▶ 0:20:17When their lives are being upended, I never heard anything from the other side. Lastly, this committee today is investing -- investigating government weaponization. My democrat colleagues did not lift a finger during the biden administration. These were four years of uninterrupted, consistent and sustained political attacks on republicans by the previous administration.
▶ 0:20:48This committee's work exposing that political corruption will continue. Now to today's agenda. We have three bills and two nominations. Brian gootkin, marshall, montana. James stuart, marshall, minnesota. We will vote on three bills today.
▶ 0:21:16Continuing our debate on combating illicit xylazine act, the count the crimes to cut act and the protecting americans from russia litigation act of being 20 we will be able to get those bills out.
▶ 0:21:41I want to talk about combating illicit xylazine act, which I led with senator cortez masto. I want to thank her for taking the lead on that. We began considering this important bill last week. I hope to complete the committee's work on that bill today.
▶ 0:22:04Our bill simply classifies this highly toxic drug as schedule three under the controlled substance act while protecting its legitimate use for agriculture by veterinarians, farmers and ranchers.
▶ 0:22:26I explained last week that this critical and emphasized bipartisan legislation has a wide range of support from law enforcement, the agriculture community, and from the victims. It has been a priority about the biden and trump administrations. It is cosponsored by 14 democrats and 18 republicans.
▶ 0:22:52We heard the tragic stories of families devastated by this poison last week. We are here today for those same families. Last week it became clear the committee needed additional works to clarify the language. We want to ensure our bill solves an important problem while also promoting transparency.
▶ 0:23:23We have taken the last seven days to work with members on both sides to reach an agreement on some clarifying language. This new language is explicit about what documents we expect to be produced by hhs and by dea. My staff and I engaged multiple offices on both sides of the aisle. We did it in good faith.
▶ 0:23:54I think we had the same good faith from the people we were talking to. I was glad to work with senators white house, kunz and now senator booker -- coons and now senator booker. I want to be crystal clear however about the intent of this managers amendment.
▶ 0:24:19The bill requires the department of health and human services to submit their scientific and medical evaluation and scheduling recommendations for xylazine. They will submit this along with the dea's law enforcement, dea's regulatory and dea's abuse evaluation in a combined public and prompt report to congress.
▶ 0:24:52This way the information available to the public will closely mimic the data that would have been published in the federal register if xylazine was administratively scheduled. I told you last week why the legislation was necessary, because by regulation they could not protect the legal use by veterinarians of this product.
▶ 0:25:22It is important for the american people to see drug scheduling information from both the dea and hhs, because that is how congress intended the process to work. Congress granted dea the authority to schedule drugs in consultation with the secretary of hhs. Now the important point.
▶ 0:25:50If the hhs scientific and medical evaluation was released alone, it would not provide the public with a complete picture, because it is just one part of the administrative process.
▶ 0:26:11So the manager's amendment will release this information, because in its proper context with the combined views of the two relevant agencies the committee wants to see the analysis from hhs. I want to see it, but I also want to see the analysis of the drug enforcement agency, which is the other half of the equation.
▶ 0:26:41That is what the manager's does. -- does that I called up last week. That is what the new language now spells out with absolute clarity. Senator durbin.
▶ 0:26:55Sen. Durbin: Last week the united states lost a great man who devoted his life in service to our nation. In 1968, at the height of the vietnam war, robert muller chose to enlist in the marine corps. He said of all his accomplishments in his life he was most proud that the marine corps deemed me worthy of leading other marines.
▶ 0:27:24Sen. Durbin: He earned a bronze star for valor when his platoon was ambushed, severing multiple casualties. He rescued a wounded marine. He earned a purple heart after being wounded by enemy fire while leading the platoon to rescue soldiers who were pinned down by the enemy. After his military service, robert mueller became a lawyer and spent his life in public service.
▶ 0:27:52Sen. Durbin: A lifelong republican, he served for many years as prosecutor and senior justice department official under democratic and republican presidents alike. In 2001, president george w. Bush nominated Mr. mueller to serve as director of the fbi in 2011. -- fbi. In 2011, president obama asked to extend his term by two years. The vote was 100-0 in favor of Mr.
▶ 0:28:22Sen. Durbin: Mueller on the floor the senate. Director mueller led the fbi at historic moment, helping secure our nation after the worst terrorist attack in our history. He more than any single individual was responsible for modernizing the fbi to combat the threats of the 21st century. After 9/11, I was proud to work with him on a bipartisan basis to help update the fbi's antiquated computer system.
▶ 0:28:51Sen. Durbin: We did not always agree but I always respected him. He was a patriot, a person of honesty and integrity. In 2017, director mueller answered the call to service one more time. Deputy attorney general rosenstein, a trump appointee, appointed Mr. mueller to serve as special counsel to investigate russia's efforts to interfere in the 2016 election.
▶ 0:29:23Sen. Durbin: This to donald trump an unforgivable sin. As a result, when Mr. mueller died last week, president trump responded with the following words, "good. I'm glad he's dead." this is not the first time the president has attacked an american war hero. We all remember what he said about our former colleague john mccain. We cannot pretend this cruel and un-american behavior is normal.
▶ 0:29:50Sen. Durbin: Given his contempt for robert mueller, it's no surprise president trump would pick the current leader of the fbi kash patel. By any major, kash patel does not have the experience, judgment or temperament of robert mueller. Mr. patel falsely claimed the fbi was planning the january 6 attack on the capitol for a year. Falsely claimed it.
▶ 0:30:17Sen. Durbin: He produced a song by january 6 rioters who assaulted our police officers. He compiled Mr. patel -- Mr. patel compiled a list of enemies. He singled out bob mueller, calling him "an order small creature -- utter swamp creature." Mr.
▶ 0:30:42Sen. Durbin: Patel has one authority authoritarians want above all, doing whatever he's told. Mr. patel has spent the last year weaponizing the world's preeminent law enforcement agency to serve the interest of one person, president trump. This makes us all less safe as a nation. He has fired dozens of career law enforcement agents simply because they were assigned to work on investigations of president trump's misconduct.
▶ 0:31:12Sen. Durbin: Patel has installed maga lawyer listing key career positions. He imposed loyalty tests, requiring fbi official to undergo polygraph exams about whether they had ever criticized patel himself. He has commandeered fbi aircraft to support his jet setting lifestyle.
▶ 0:31:33Sen. Durbin: Most recently, director patel reportedly fired at least six fbi agents because they were assigned to work related to president trump's mishandling of classified documents. These terminations were to say face with president trump after patel's embarrassing is prince chugging beer at the olympic games. Several reportedly global counterintelligence squad whose responsibility is included investigating espionage and cyber threats from iran.
▶ 0:32:03Sen. Durbin: They were fired. In other words, director patel has weakened the fbi's ability to counter iranian threats at the exact time when these threats are the highest. This committee has spent many years debating the merits of the mueller report, but surely we can agree that president trump's attack on this honorable man is on acceptable and pathetic. Kash patel's efforts to undo director mueller's legacy had weaponize the fbi have gone too far. Mr.
▶ 0:32:32Sen. Durbin: Chairman, I noted you were calling the xylazine bill, and I asked consent to be added as a cosponsor.
▶ 0:32:47Chair Grassley: You will be added as a cosponsor. We are going to go over the legislation. We don't have all the members here to vote on the nominees. >> Mr. chairman?
▶ 0:32:59Chair Grassley: The senator from california.
▶ 0:33:02Sen. Booker: It's senator booker. New jersey should usually come before the great state of california. I really want to thank you and senators kennedy and holly last week for asking the basic questions in many ways. You listen to my concerns during last week's markup. The debate we had last week was this committee at its best.
▶ 0:33:34Sen. Booker: Members raising concerns, engaging on substance, not political rhetoric and working for a really good outcome. I'm grateful for my colleagues for what happened last week and their willingness to ask basic questions. I hope going forward these are the debates we can have, especially on issues and matters of such concern. I want to thank your staff.
▶ 0:33:57Sen. Booker: They leaned in with my staff this week to come up with a requirement that the department of justice published the scientific and medical evaluation and scheduling recommendations that hhs submitted to dea in 2024. It's a meaningful step in the right direction. I want to be clear for my colleagues that while this change makes the bill better, it will ensure what I have been asking for literally for four years.
▶ 0:34:28Sen. Booker: It doesn't fix the fundamental problem that we don't get the hhs scientific evaluation until 30 days after the bill is passed. I want to be clear that under the controlled substances act, hhs conducts an eight factor analysis examining abuse potential,, ecological effects, scientific knowledge, patterns of abuse, risk of public health, dependence, liability and then it is supposed to submit evaluations and scheduling recommendation to the dea.
▶ 0:34:59Sen. Booker: These medical findings are binding on the doj and dea. If the dea disagrees with the recommendation, it has a path to prove hhs -- provide hhs with evidence, request a reevaluation, hold hearings and solicit public comment. If the rulemaking process in that -- dea must give hhs's scientific and medical determination. This is a significant difference.
▶ 0:35:30Sen. Booker: The controlled substances act does not allow dea to undertake an assessment of hhs's scientific findings at any point in the process. This is what happened with xylazine. The dea began the process, request the evaluation from hhs and hhs returned a recommendation based on scientific and medical evidence that xylazine meets the criteria for schedule five, the least restrictive schedule.
▶ 0:35:55Sen. Booker: Rather than going through the process dictated by congress's law, rather than present evidence or request a revalidation, -- reevaluation. They came to us to place xylazine on schedule three but they never gave us the report. That is my frustration. We have taken a big step forward. My colleagues on the other side helped me ensure we get the report. This whole process has been turned upside down.
▶ 0:36:25Sen. Booker: We are making decisions here today without seeing by law what we should have had to come of the full breadth of scientific evidence. This is a good chapter for me. I trust my colleagues when the bill goes through 30 days later we will get a bipartisan push to make sure the report is released. I again say we are doing this backwards. We are not incorporating the scientific evidence into our decisions. That is disappointing. Again, I'm grateful.
▶ 0:36:53Sen. Booker: Last week was really a sign of bipartisan, nonpolitical inquiry. I respect and thank you and your staffs. Senator hawley, senator kennedy for asking basic questions and thank you.
▶ 0:37:05Chair Grassley: Thank you for your cooperation with us to get the bill along. Senator schiff.
▶ 0:37:10Sen. Schiff: I want to address the comments regarding bringing jack smith before the committee, which I fully support. I support making sure we can ask the right questions and get full answers from Mr. smith when he testifies. The justice department released documents indicating a couple of things.
▶ 0:37:33Sen. Schiff: One was that some of the documents the president to mar-a-lago, the classified documents, were so highly classified that literally only a handful of people in the country had authorization to see them. Presumably because the sources and methods used to gather the information was so important to protect that literally six people are authorized to see it.
▶ 0:37:58Sen. Schiff: Even more concerning is evidence that these documents reveal that a motivation for bringing many of these classified documents to mar-a-lago was that the classified documents implicated the president's business interests. Judging from when smith became dashcam before the house committee, he was unable to answer a lot of questions about the mar-a-lago investigation because that second volume of his report has not been released.
▶ 0:38:29Sen. Schiff: I would urge the committee to weigh in with a court in florida holding their report so we have access to that report and we can ask Mr. smith questions about that whole investigation without being in a position where as in the house case when they question him he was forced to say I can't answer those questions because of the court order.
▶ 0:38:51Sen. Schiff: If we can weigh in and seek either the public release of the volume two or the release to this committee so that we can appropriately ask smith questions about the president of the motivation bringing the documents to mar-a-lago and questions you and other members have about the conduct of the investigation. We may be very frustrated in our questioning of Mr. smith unless we can get that report, the second volume released.
▶ 0:39:18Sen. Schiff: I wanted to make that request as a committee that we seek to intervene to make sure we have access to the report. I think you, Mr. chairman.
▶ 0:39:24Chair Grassley: Half-year s -- have your staff follow up with josh on my staff. We will vote on the legislation. You want me to do this one first? We are going to take the count against crime to cut act first. The bill's senate companion.
▶ 0:40:00Chair Grassley: If any of the bills would like to see a few words about the bill, now is the time to do it. >> Mr. chairman? Thank you so much. One of the most solemn and weighty matters of government faces from one of the most significant powers it has involves the authority to enforce standards of human conduct through criminal prohibitions and accompanying criminal penalties.
▶ 0:40:29Chair Grassley: That power has to be exercised reasonably, carefully, with prudence and restraint. The ability to deprive individuals of property, liberty and even life must never be taken lightly. Contrary to this principle, our federal criminal code has become a sprawling expanse. It has grown into an inscrutable the complex behemoth of innumerable criminal prohibitions and penalties.
▶ 0:40:58Chair Grassley: A few years ago, a few of us try to ascertain the total number of federal crimes are on the books. People at the congressional research service whose job it is to research these things got back to us and said the answer is unknown and unknowable but the figure stands at least 300,000 when you take into account everything in the code in the code of federal regulations.
▶ 0:41:22Chair Grassley: The count -- as a result, the criminal code has become impossible for everyday americans to navigate. The bison team labyrinth of criminal liability -- bison team -- byzantine.
▶ 0:41:40Chair Grassley: This will require the department of justice and back of the three agencies to provide a report to congress of all federal criminal statutory and regulatory offenses, including the elements of each offense, potential criminal liabilities, prosecution data from over the last 15 years, and mens rea requirements to talk about the state of mind and the level of intent one has to have had to commit a crime.
▶ 0:42:06Chair Grassley: The department of justice and agencies would be required to establish publicly accessible online indexes of these offenses so americans can review them, study them in an easy-to-understand way. The bill will not eliminate or modify the criminal code. It does not do any of that.
▶ 0:42:29Chair Grassley: It would only provide information to congress and to the general public to increase transparency and facilitate future attempts at reform of the code. To be clear, this one does not change a single criminal prohibition.
▶ 0:42:45Chair Grassley: Count the crimes to cut recently passed in the house of representatives by voice vote and endorsed by a number of organizations, including the national district attorneys association and the national association of criminal defense lawyers. There's a good balance of prosecution and defense teams.
▶ 0:43:05Chair Grassley: I ask unanimous consent of introduce into the record letters of support for the national district attorneys association, from right on crime, and the coalition of conservative and criminal justice advocacy groups.
▶ 0:43:17Chair Grassley: Without objection, so ordered.
▶ 0:43:22Sen. Lee: If I can just finish. I'm grateful to senator coons for his partnership and leadership on this legislation. I would like to thank senators cruz, booker, wicker, welch and padilla for their support as cosponsors, and chairman grassley for getting this to markup. Count the crimes to cut his bipartisan legislation. It is uncontroversial legislation I hope will receive broad support from this committee and swift passage on the floor. Thank you, Mr. chairman.
▶ 0:43:52Chair Grassley: Senator coons.
▶ 0:43:55Sen. Coons: I'm proud to co-lead this bill with mike lee. Over decades congress has proved capable of adding additional crimes to respond to new issues and concerns, but we rarely if ever step back and consider which crimes should be cut. That has raised concerns of over criminalization. Passing statutes that sweep more broadly that we should end over -- and overfederalization. This has broad support.
▶ 0:44:26Sen. Coons: The house judiciary committee has noted a more thoughtful criminal code can ensure resources enhanced rather than supplant state-level enforcement and preserve the effectiveness of state-level criminal control. The national district attorneys association endorsed this and many other groups. As senator lee said, it does not itself modify the criminal code. It gently sets up a future conversation that I'm eager to be a part of it. Thank you, Mr.
▶ 0:44:54Sen. Coons: Chairman, for putting it on markup. >> I ask I be added as a cosponsor.
▶ 0:45:04Chair Grassley: Senator klobuchar will be added as a cosponsor. Senator graham. Blumenthal. Cornyn. Now we are ready for a vote. Senator durbin to be added as well. Those in favor say aye. Ayes have it in the bill will be reported to the floor.
▶ 0:45:34Chair Grassley: We are going to now go to the xylazine bill legislation. I think I think I've said enough about it. I won't repeat those things that are here in front of me.
▶ 0:45:49Sen. Booker: My staff is yelling that I forgot to introduce to the record a number of letters. May I do that without objection?
▶ 0:45:55Chair Grassley: Without objection. I will now call up revised managers amendment. Does anyone wish to speak? Without objection, the managers amendment will be adopted. Anybody want to speak. Just a minute. I want to make clear here, this is amendment number sil 24863.
▶ 0:46:26Chair Grassley: Without objection it will be adopted.
▶ 0:46:27Sen. Booker: I want to make sure we have a roll call vote on a final passage of the bill.
▶ 0:46:33Chair Grassley: Are we ready for a roll call vote? Senator cruz.
▶ 0:46:36Sen. Cruz: I would like to be added as a cosponsor to the bill.
▶ 0:46:40Chair Grassley: You will be added. I thought last week you as ked to be added. The clerk will call the roll.
▶ 0:46:53Clerk: [calling roll]
▶ 0:47:39Chair Grassley: A favorable majority. The bill will be reported. Now we go to the nomination of brian gootkin to serve U.S. marshal in montana. On favorably reported that nomination, the clerk will call the roll.
▶ 0:48:01Clerk: [calling roll]
▶ 0:48:42Chair Grassley: The nominee getting the majority will be reported. Now we call up james stuart, U.S. marshal, minnesota. >> Mr. chairman? One second.
▶ 0:48:55Chair Grassley: Senator klobuchar.
▶ 0:48:58Sen. Klobuchar: I support this nominee. He was recommended by committee formed by congressman, and we have cemented our blue slips. Mr. stewart has extensive law enforcement experience. He currently serves as the executive director of the minnesota sheriffs association and had previously been with the anoka county sheriff's office for 30 years. He was elected sheriff from 2011 to 2023.
▶ 0:49:28Sen. Klobuchar: He's been active in a lot of national law enforcement organizations. I know he is eager to take on this job and I would appreciate people support for him.
▶ 0:49:37Chair Grassley: On reporting the nomination, the clerk will call the roll.
▶ 0:49:42Clerk: [calling roll]
▶ 0:50:28Chair Grassley: The majority of the committee, Mr. stuart will be reported. Now we have one final item on the agenda. The bill entitled 2934, protecting americans from russian litigation act. If any of the bill's sponsors would like to say a few words. Senator cornyn.
▶ 0:50:54Sen. Cornyn: , thank you for putting on this on today's markup. I want to thank senator padilla for partnering with me on this protecting americans from russian litigation act of 2025. I have had the pleasure working with senator padilla on a number of bills, including one we hope to pass the senate this afternoon.
▶ 0:51:14Sen. Cornyn: Just demonstrates that people from almost diametrically opposed political orientation and philosophies coming from states of texas and california can find common ground on important topics. I thank him for his willingness to work together on this. American businesses are being unfairly targeted in foreign jurisdictions, particularly russian courts, with a good faith compliance with U.S.
▶ 0:51:44Sen. Cornyn: Sanctions and export controls which the U.S. imposed in response to putin's invasion of ukraine. U.S. was companies wound down their operations and ceased work in russia to comply with these measures. As a result, numerous lawsuits have been brought against he was companies in russian courts with some facing potential damages of hundreds of millions of dollars. Under current law, russian litigants can use these court decisions as a basis to sue american companies in the U.S.
▶ 0:52:13Sen. Cornyn: Or international courts of arbitration. American companies that rifle he stopped doing business in russia following the invasion should not be punished or subjected to russian law. The protecting americans act will close a critical loophole used by russian courts to retaliate against he was companies are sanctions compliance, effectively ending russian lawfare on american
▶ 0:52:44Sen. Cornyn: Businesses. I look forward to the successful markup here today and ask for the committee's support.
▶ 0:52:47Chair Grassley: Senator padilla.
▶ 0:52:49Sen. Padilla: Thank you, Mr. chairman. One area of small disagreement with senator cornyn. He suggested we are diametrically opposed. We both represent border states. We both love mexican food. Both california and texas is home to calwood cultures, some of the best in the country. Big fans of football, basketball, baseball, you name it. We have a lot more in common than you might think. Senator cornyn 10%.
▶ 0:53:23Sen. Padilla: On the bill before us, I thank senator cornyn for his leadership on this issue. It is one of a number we have been able to work together on over the years. This bill reflects a straightforward principal. American individuals and american businesses should not be punished for complying with the laws of the united states. Plain and simple. The bill address is not a very real problem.
▶ 0:53:55Sen. Padilla: When the united states imposes sanctions or export controls to defend our national security and uphold international norms, american individuals and businesses must often suspend or terminate contracts with foreign entities in order to comply with the laws of the united states.
▶ 0:54:15Sen. Padilla: Our foreign adversaries have increasingly sought to exploit this dynamic and weaponize federal courts and arbitration tribunals to harass american companies in response. Foreign quartet issued judgments penalizing american entities for doing exactly what we are requiring of them to do by law.
▶ 0:54:40Sen. Padilla: For example, russian courts have issued substantial and often exorbitant penalties against american financial institutions, technology companies for adhering to U.S. sanctions. It is simply unfair and undermines our legal system and the effectiveness of our sanctions regime.
▶ 0:55:02Sen. Padilla: Put simply, americans should not be forced to choose between complying with the laws of the united states and facing real consequences abroad that follow them back home. Two underscore the importance and urgency, I will call your attention to the fact that the house judiciary committee is also inve -- advancing identical legislation today. Simultaneously. We are moving swiftly and quickly.
▶ 0:55:30Sen. Padilla: We want to further highlight the importance of this bipartisan and bicameral effort. I urge all of our colleagues to support the bill. Thank you.
▶ 0:55:39Chair Grassley: Without objection we will do the bill by voice vote. All in favor say ate. Ye. Unanimous it sounds like. The bill will be reported. Meeting adjourned.