Congressional Record: October 25, 2005 (Senate)
Page S11813-S11814
Pentagon Clearance for Judith Miller
Mr. DORGAN. Mr. President, there has been a lot of information around
this town about a New York Times reporter named Judith Miller. She has
been central to a case that Mr. Fitzgerald, the special prosecutor, is
looking into. There is a lot of anticipation here about what or what
might not happen with respect to charges that might be filed. It has to
do with the disclosure of a covert CIA agent and who might have
disclosed her name and why. Judith Miller was a reporter for the New
York Times and Judith Miller spent some 80-plus days in jail because
she decided not to testify about that subject before a grand jury when
requested by the special prosecutor. She was subsequently released and
did testify.
I share the common interest in what has happened, what did the
special prosecutor find, were there people in Washington, DC, who were
``outing,'' as it were, a covert agent of the CIA, and if so, did they
lie about it, did they obstruct justice. I don't know the answer and I
don't pretend to know the answer to any of that. As one colleague
suggested on television this weekend, these are not ``technical''
issues. There is no such thing as technical perjury. In any event, this
is very important. But that is now why I am here now.
The reason I come to the Senate for a moment to mention Judith Miller
is she wrote something in her own hand that appeared in the New York
Times in recent days describing her situation. She said something that
was of interest to me and alerted my curiosity. I have since made a
number of calls related to that.
Judith Miller was embedded in a military unit and she said the
following in her piece:
The Pentagon had given me clearance to see secret
information as a part of my assignment ``embedded'' with a
special military unit hunting for unconventional weapons [or
weapons of mass destruction.]
We all understand in the Senate what it means to see secret or top
secret material. We frequently are provided briefings by the CIA, by
the Defense Department, by other intelligence units, briefings that are
classified as either ``secret,'' or ``top secret.'' We understand what
that means. We understand, for example, if a member of our staff is to
be made available to have those clearances, clearances come only when
there is a background check and people are evaluated for receiving a
clearance to possess secret or top secret information.
So I had a question when I read this article from a New York Times
reporter embedded with a military unit:
The Pentagon had given me clearance to see secret
information . . .
My question is, What kind of clearance would that be, that a
reporter, traveling with a military unit in Iraq, searching for weapons
of mass destruction, what kind of clearance would that reporter have to
see classified or secret information?
I called the Pentagon to find out what kind of clearance would exist,
perhaps not just with respect to this reporter. My interest would be on
a broader basis. We had many reporters embedded with military units in
Iraq during the invasion and during the subsequent activities, looking
for weapons of mass destruction.
Based on what I can learn from the Pentagon--although it was not all
that clear from the response I received--based on what I could learn
from the Pentagon, it seems there was no ``secret'' or ``top secret''
clearance given this reporter.
Now, last evening I talked to a soldier in Germany, a man who was a
part of the unit in which this reporter was embedded. He was very
willing and interested in talking about the entire experience. The
fellow from Germany, who is a sergeant in that special unit Judith
Miller was embedded in, spoke at some length about what happened there.
I told him of the quote Judith Miller had in the New York Times. He
said he would have understood that she would have likely seen secret or
even top secret information. The way the reporter is embedded in that
circumstance, they have access to a substantial amount of information,
could not help but have access. So the question I asked the Pentagon
is, on what basis would a reporter have access to these clearances to
receive secret or top secret information?
Further, it is my understanding, at least from the sergeant whom I
spoke with in Germany last evening, all that was transmitted from this
reporter, embedded with a military unit, was approved by the colonel
involved in that military unit and material was not to be published
without the colonel's approval. Well, of course, that is the censoring
of the material. It is also the case as reported not only by the
sergeant in the conversation I had last evening but also in previous
publications, that this reporter, Judith Miller, described often her
acquaintance with Donald Rumsfeld and Mr. Feith and others in the
Pentagon at high levels, including generals. And she expressed freely
her either agreement or disagreement with the military activities of
the unit she was in, and talked about complaining back to Rumsfeld, and
so on and so forth.
I don't know the voracity of all of that. All I am reporting is what
I was told by someone in that unit. That is, perhaps, for another
discussion. I intend to visit about this a bit more fully tomorrow.
The first question I have is not just with respect to Judith Miller,
but generally under what conditions were reporters approved to be
embedded with military units and given opportunity to see secret or top
secret material? Did they have security clearances or not? The Pentagon
says not. This reporter said she did. If they had clearances, what
kinds of clearances were they? The Pentagon said they have
nondisclosure forms. How can you give a nondisclosure form to a
reporter and then show them secret or top secret material? Take a look
at the law, which I will read tomorrow in the Senate. That is not what
is allowed.
The classification of material that is secret or top secret dealing
with intelligence or military operations is not a classification that
is done lightly. It is not a classification that can be overcome by
someone in the Pentagon who says, Okay, put on a military shirt or a
pair of military trousers and go embed yourself with that unit, and, by
the way, you sign a form that says ``nondisclosure.'' That is not the
way we decide how to disperse information that is considered secret or
top secret.
Those who are in our Senate community, on our staffs and so on, those
who are permitted to see classified secret and top secret material,
must have a clearance. That clearance must come after an investigation
to determine whether that person is qualified to have classified
information. I am asking the Pentagon, did they provide a clearance?
The short answer says no, they did not. The writer says they did. The
Pentagon says a ``nondisclosure form.'' What on Earth is that? How many
nondisclosure forms exist when they are embedding men and women in the
news media with military units engaged in activities that often are
secret and top secret?
I will be asking the inspector general at the Pentagon to take a look
at this to evaluate for the Congress. All Members should understand
this. What are the circumstances by which a reporter describes her
access to see secret information because she had a ``clearance'' from
the Pentagon when the Pentagon said she did not have a clearance? We
understand what secret clearances are around here. All of us understand
that. We deal with that classification every day. What are the
circumstances by which a reporter is allowed to see secret or top
secret information because they have a clearance, when the Pentagon
says no such clearance exists?
If, in fact, it is not a clearance and the reporter has simply
misspoken, if it is instead a nondisclosure form, then I would like to
see the provision in law by which the Pentagon has decided to provide
nondisclosure releases to journalists who join military units whose
units then censor the material that comes from the journalist. And is
there
[[Page S11814]]
in any way any implied quid pro quo, saying: Give me a clearance, embed
me, let me see secret material; and by the way, I won't report on the
things that are secret and you can review all things I write and take
out the things you do not like?
I do not know the circumstance. What I have read in recent days
raised questions for me beyond what has been raised in recent days
which is the issue of the special prosecutor and his potential action
before the grand jury expires. I don't know about all of that. I am as
interested as others about what may or may not happen.
I am a member of the Subcommittee on Defense Appropriations. We spend
a fair amount of time evaluating weapons programs and other issues that
are secret and top secret. But I don't understand this, a self-
description by a New York Times reporter about her clearance to see
secret information as part of being embedded with the military unit.
Mr. President, I will have more to say about this tomorrow. In the
meantime, I intend to try to find additional answers. They have not
been forthcoming in the last couple of days. But I think all of the
Congress, all of the Senate, should be asking these questions as well.
Mr. President, I yield the floor.