On the recordSeptember 21, 2016
As the attorney general of New York correctly states, ``Fraud is not protected by the First Amendment.'' A number of high-profile legal scholars sent a letter last week to Chairman Smith, condemning the subpoenas as ``misguided.'' The letter argues that the subpoenas are ``invalid and constitutionally impermissible.'' It turns out, according to these scholars, that the First Amendment actually works the other way: The Subpoenas, and the threat of future sanctions, themselves threaten the First Amendment--directly inhibiting the rights of their recipients to speak, to associate and to petition state officials without interference from Congress. A copy of the legal scholars' letter to Chairman Smith can be accessed at the Yale Law School website at http://tinyurl.com/ yaleletter. Rhode Island attorney general Peter Kilmartin and his colleagues have also urged Chairman Smith to withdraw the subpoenas. ``Your interference in our colleagues' work ignores a `vital consideration' under our constitutional system of dual sovereignty; the preservation of comity between the federal government and the states.'' Mr. President, I ask unanimous consent that a copy of the Attorney General's letter to Chairman Smith be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: State of Maryland, Office of the Attorney General, Baltimore, MD, August 11, 2016. Hon.…
