Congressional Record: October 22, 2003 (Senate)
Page S12993-S12994
INTELLIGENCE LEAK INVESTIGATION
Mr. HARKIN. Mr. President, more than 83 days have passed since the
Central Intelligence Agency filed a report and inquiry to the FBI in
July regarding a leak by senior administration officials of an
undercover CIA agent. This investigation was originally stymied by
foot-dragging and delay and has continued to be stymied by foot-
dragging and delay.
It took at least 53 days for the Justice Department to officially
launch an investigation. It took 4 days after that for Justice to
officially notify the White House about the investigation and tell them
to preserve any and all materials related to it.
More recently, the investigation has been stymied by kind of a
``don't ask, don't tell'' approach by the President and by the
appearance of a conflict of interest by the Attorney General. Attorney
General Ashcroft, a good friend of the Bush administration and its
senior advisers, a very partisan Republican for most of his life, is
still overseeing the investigation. In fact, one of his top aides said
yesterday that Ashcroft has been regularly briefed on key details in
the investigation, including the identities of those being questioned
by the FBI.
Talk about a chilling effect. President Bush has joked and made light
about it.
I would like to bring to the attention of Senators an article by
Knight Ridder, published in the newspaper, the Milwaukee Journal
Sentinel on Sunday. The headline was ``CIA Leak May Have Caused More
Damage. Work of Others Using Front Company Name May Be at Risk.'' This
revealed why this leak is no laughing matter; it is a deadly serious
matter of national security. This is what the article said:
Training agents . . . costs millions of dollars and
requires the time-consuming establishment of elaborate
fictions, called ``legends,'' including in this case the
creation of a CIA front company that helped lend plausibility
to her trips overseas. . . . Compounding the damage, the
front company, Brewster-Jennings & Associates . . .
apparently was also used by other CIA officers whose works
could now be at risk, according to Vince Cannistraro, former
CIA chief of counterterrorism operations and analysis. . . .
Now, [Valerie] Plame's career as a covert operations officer
in the CIA's Directorate of Operations is over. Those she
dealt with--on business or not--may be in danger . . . and
Plame's exposure may make it harder for American spies to
persuade foreigners to share important secrets with them,
U.S. intelligence officials said.
Other former CIA officials agree--including Larry Johnson, a former
classmate of Plame's and former CIA and State Department official. He
predicted that when the internal damage assessment is finished:
. . . at the end of the day, the [harm] will be huge and
some people potentially may have lost their lives.
Another former CIA officer, Jim Marcinkowski said:
This is not just another leak. This is a unprecedented
exposing of an agent's identity.
So, again, this is no laughing matter. The President should not treat
it as such.
Here are some quotes from some in his own administration. Attorney
General Ashcroft said:
Leaks of classified information do substantial damage to
the security interests of the nation.
Secretary of Defense Rumsfeld earlier this year, March--February of
this year:
I think leaks are disgraceful, they are unprofessional,
they are dangerous. They put people's lives at risk.
Ari Fleischer, White House spokesman, in June:
The President does have very deep concerns about anything
that would be inappropriately leaked that could in any way
endanger America's ability to gather intelligence
information.
From his own administration, people say how bad it is to have these
kinds of leaks to endanger national security.
Let me give a quick recap of the timeline. It started with the
President's deception in his State of the Union Address in January. In
his remarks, Mr. Bush stated Iraq tried to buy uranium from Niger. A
few months later, in July, former Ambassador Joseph Wilson's op-ed
appears in the New York Times, questioning the President's assertion.
Then in order to discredit Wilson and ``seek revenge'' on Wilson,
senior administration officials leaked to the press the identity of
Wilson's wife and the fact she was a CIA operative, thereby
undercutting our national security and clearly violating Federal law.
This happened in early July. Let's see what happened since.
On July 24, Senator Schumer calls on the FBI Director to open a
criminal investigation into the leak of a CIA operative based on that
column.
In late July, the FBI notified Senator Schumer that they had done an
inquiry into the CIA.
Then it appears nothing happened for 2 months.
On September 23, the Attorney General says he and CIA Director Tenet
sent a memo to the FBI requesting an investigation.
On September 26, the Department of Justice officially launches its
investigation.
Interestingly, it took 4 days after that ``official'' launch for the
Justice Department to call White House Counsel Gonzales and notify him
of the official investigation. Gonzalez then asked for an extra day
before the Justice Department gave the White House the official notice,
which means all documents and records must be preserved.
A recent letter was sent to the President from Senators Daschle,
Schumer, Levin, and Biden which also expresses concern about this break
from regular procedure.
They wrote:
Every former prosecutor with whom we have spoken has said
that the first step in such an investigation would be to
ensure all potentially relevant evidence is preserved, yet
the Justice Department waited four days before making a
formal request for documents.
Interestingly, the letter goes on:
When the Justice Department finally asked the White House
to order employees to preserve documents, White House Counsel
Alberto Gonzales asked for permission to delay transmitting
the order to preserve evidence until morning. The request for
a delay was granted. Again, every former prosecutor with whom
we have spoken has said that such a delay is a significant
departure from standard practice.
That is what has been happening--departure from standard practice.
I am also troubled that the White House Counsel's Office is serving
as
[[Page S12994]]
``gatekeeper'' for all the documents the Justice Department has
requested from the White House. Mr. Gonzales' office said he would not
rule out seeking to withhold documents under a claim of executive
privilege or national security.
What kind of a zoo is this outfit?
Mr. Gonzales says he can withhold these documents from this
investigation on the basis of national security.
Wait a minute. It is our national security that has been breached by
this leak. Now we are going to have an invocation of protecting
national security to protect who leaked it, I guess.
I believe this matter could have been resolved very quickly.
President Bush could have called his senior staff members into the Oval
Office and asked them one by one if they were involved. He could have
them sign a document stating they were not involved in this leak. He
could have each of them sign a release to any reporter to release
anything they have ever said to a reporter thereby exempting the
reporters.
There has been coverup after coverup after coverup on this CIA leak,
and it is not going to go away. People of America will demand that we
get to the bottom of it.
The PRESIDING OFFICER. The Senator from Georgia.
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Congressional Record: October 22, 2003 (Senate)
Page S12994
UNDERCOVER AGENT INVESTIGATION
Mr. CHAMBLISS. Mr. President, as I sat here and listened to my friend
from Iowa once again bring up an issue to which we are all very
sensitive, I can't help but respond that I have an entirely different
outlook and opinion about what is going on with respect to this issue.
Those of us who have been involved in the intelligence community, and
as a member of the Intelligence Committee, I, too, am somewhat outraged
that we have the so-called ``leak'' or disclosure of a CIA individual
that occurred not too long ago. We have a process whereby this is to be
handled. That process is working the way the process is designed to
work.
The White House was outraged about this, and the White House is
moving very favorably and very aggressively towards resolving this
issue. They are going to resolve the issue. The Justice Department is
moving independent of the White House to get to the bottom of this. At
some point in time a report is going to be made back to the Congress
and to the American people, and we will find out what did happen.
Again, there is a process to be followed under law. That process is
going to allow us to get to the bottom of this in the way it should be.
We don't need to be here banging political heads against the wall when
the legal heads are the ones that need to be banged against the wall,
and that is taking place.
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