Congressional Record: February 3, 2004 (Senate) Page S389-S391 U.S. INTELLIGENCE Mr. DURBIN. Mr. President, I thank the minority leader, Senator Daschle, as well as my colleague from Massachusetts, Senator Kennedy, for raising this timely and important question about intelligence. I also salute Senator Bob Graham of Florida, who announced his retirement. His departure will be a great loss to this institution. [[Page S390]] I was fortunate enough to serve on the Senate Intelligence Committee which Senator Graham chaired, and I still continue that service. He was an extraordinary leader, not just on that committee but when it came to the policies of protecting America. His has been a clarion voice from the beginning that the war on terrorism continues unabated and should continue despite the diversion of Iraq. We still have a war on terrorism, much broader in scope, that has to be considered on a daily basis. I come to the floor and want to be careful of the words I say. I do not want to disclose anything I have been told in the Senate Intelligence Committee. That is certainly the policy which should be followed by every member of that committee. We are given a rare opportunity to see the intelligence community and its work from inside. Because we are given that opportunity, we are warned not to share that information. So the points I am about to make relate exclusively to that information which has been made public and declassified. It raises an important issue. All of this information points in one direction. What happened to the United States of America prior to the invasion of Iraq relative to weapons of mass destruction of that country represents, in my mind, the greatest failure of intelligence in America since the fall of the Soviet Union. Recall, not that long ago, when our intelligence community and those in charge of national defense and security failed to see the collapse of the Soviet Union, a superpower, our premier enemy for decades, until it actually happened. Despite all of the millions of dollars and thousands of people, we missed it. Here we have a similar situation. Prior to our invasion of Iraq, we were told by the intelligence community they had identified--and this is unclassified, declassified information--they had identified 550 suspected sites within Iraq where we would find weapons of mass destruction. And the level of certainty for each of those sites was different, but for a discrete number of those sites the intelligence community told us: We believe that when we go into Iraq and go directly to this location, we will find weapons of mass destruction, nuclear weapons, chemical and biological weapons. So I asked Dr. Kay--and others have as well--after you had completed your investigation, after you had looked at those sites, what did you find? And the answer was: Nothing, nothing whatever. We accumulated this information; we said, through our intelligence sources, we have 550 known locations; and we were wrong in every instance. How can that be? How can the intelligence community have missed it? The second element, the unmanned aerial vehicles, flying over locations, mapping different things, viewing different locations, prepared, if necessary, to fire on hostile situations--these unmanned aerial vehicles were identified by the intelligence community and the administration as a threat not only to the Middle East but to the United States of America. We were told these unmanned aerial vehicles would be used to deliver chemical and biological weapons against the United States of America. I can state now in published reports we know that the UAVs were not designed for this purpose. We missed it completely. Sadly, I can say there is additional information which has not been disclosed which also casts doubt on that conclusion. Why is it important? Because Members of the Senate were called to the White House, asked to vote for the use-of-force resolution, and told that the reason for the necessity of an invasion was the unmanned aerial vehicles and their threat to the United States of America. They were given partial information--in fact, misleading information--about the danger associated with the unmanned aerial vehicles. All of this raises serious questions, questions Senator Daschle and others have addressed. This is what it comes down to: This should not be a matter of either the Democrats in the Senate or the Republicans in the Senate protecting their President. I will say this: If an open, honest, independent investigation finds anything was done wrong under the Clinton administration leading up to this intelligence failure, so be it. If they find anything wrong in this intelligence operation under President George W. Bush was responsible for this breakdown, so be it. The American people deserve an honest answer. They are more concerned about the safety and security of America than they are about the political safety and security of any President. And that is exactly the way it should be. Now, more than ever, intelligence is critical. Since 9/11 we understand the war on terrorism and its success by the United States depends on solid intelligence, acted on responsibly by political leaders. We need to ask these hard questions, and we need the panel of an independent commission that will come up with the answers. Senator Jon Corzine, my colleague from New Jersey, has been proposing this independent commission for months. I have supported it. Many have resisted it, saying we do not need it. Well, thank goodness, after Dr. Kay's report, even the White House has conceded we need this independent commission. I think, frankly, we need it now more than ever. We need sound and solid intelligence gathering. We need it to be evaluated in a proper fashion, and we need the political leaders in America to deal with it in a responsible way. We must ask the hard questions, whether this has been done leading up to the invasion of Iraq, and continuing with our war against al-Qaida and terrorism elements all across the United States of America and around the world. Mrs. BOXER. Will my friend yield for a question? Mr. DURBIN. I am happy to yield to the Senator from California. Mrs. BOXER. I thank the Senator very much for his clear, as usual, laying out of this issue. I want to pick up on the word ``independent,'' ``independent commission.'' Does my friend agree that to get to an independent commission, all the members should not be appointed by the administration that has just been part of this error? Mr. DURBIN. I say to the Senator from California, it is important that this be viewed as a nonpartisan effort. In order for that to occur, we either need to find those people who are beyond reproach from the political side or make certain there is an appointment on both sides, Democrats and Republicans working together. Why in the world would we allow this commission to go forward under the shadow of suspicion that it has a partisan agenda? We do not need that. As a country, we do not need that. Once and for all, we need to turn to men and women who have served this country, and served it in terms of our national defense, and who have no political agenda, who are really focused on the defense of our country. Mrs. BOXER. I would agree with that because otherwise I do not think the American people will trust the commission. If the commission were to be appointed by, say, the majority leader of the Senate--certain Members--and then the Democratic leader of the Senate, that is another example. We could get a couple from the House Democrats, House Republicans, and then the President, and not an artificial date: By the way, you can't come back and talk to us until 2005 after the election. The American people are very wise. So I am really glad the President, as you said, has come around to say we need to take a look at this. But I think the way he is approaching this does not pass the smell test for a lot of my folks back home. Mr. DURBIN. I say to the Senator from California, there is another element, and that is this matter involving former Ambassador Joe Wilson, and his wife, who was serving this country in an intelligence capacity and whose identity was disclosed to columnist Robert Novak as part of political retribution. I can tell you, having spoken to people who have given their lives to the intelligence community, and risked their lives for America on a regular basis, they were angry and demoralized by this leak from the White House. I think in order to get the proper answers to the important questions about the role of the intelligence community, we should try to make it as nonpartisan as possible, try to bring in the professionals who are viewed by both political parties as people of respect and people who ask the right questions, so the intelligence community will come forward with honest and objective answers. [[Page S391]] The bottom line is not who wins this political battle in the hearts and minds of the American people. The bottom line is, who will win in terms of America's national security and defense. We need sound and solid intelligence now more than ever. The President's admission last week that there was a failure of intelligence leading up to the invasion of Iraq has really called on all of us to rise above party. I think the Senator from California and the Senator from South Dakota are moving in the right direction toward an independent, bipartisan, and nonpartisan approach. I hope we do get this done quickly. The PRESIDING OFFICER. The Senator's time has expired. Under the previous order, there are 10 minutes allocated to the majority. Mr. REID. Mr. President, I ask unanimous consent that the majority be given an extra 5 minutes in morning business; 5 minutes for Senator Kyl, 5 minutes for Senator Lott, 5 minutes for Senator Chambliss. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. Mr. KYL. Mr. President, I express my appreciation to the assistant minority leader for that request. ____________________