[Congressional Record: September 15, 2008 (Senate)]
[Page S8517-S8520]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009--Continued
The PRESIDING OFFICER (Mr. Sanders). The Senator from Rhode Island is
recognized.
Amendment No. 5369
Mr. WHITEHOUSE. Mr. President, I have an amendment I have filed to
the Defense authorization bill, amendment No. 5369. I would like a take
a few minutes to discuss it here today. I hope very much that this
amendment can be called up. Indeed, I hope the entire intelligence
authorization bill could be called up as a part of the compromise on
the Defense authorization.
Chairman Rockefeller on the Intelligence Committee has done exemplary
work to make sure we have a good, intense authorization bill. I hope
very much that my colleagues on the other side of the aisle will allow
that to be called forward and voted on.
This particular amendment I want to talk about now, although it is
small, is very important, and in my view it should be noncontroversial.
This amendment is cosponsored by Senators Feinstein, Rockefeller,
Hagel, Kennedy, Feingold, Wyden, Cardin, and Dodd. I thank all of those
Senators for their cosponsorship.
The amendment is simple. It holds the United States only to standards
we already require of our own military, only to standards we ourselves
demand of other nations. Put simply, the amendment would require
America's intelligence agencies to notify the International Committee
of the Red Cross that an individual has been detained and to provide
the ICRC with access to that individual in a manner consistent with the
practices of the U.S. military. These terms of access are very
reasonable, and confidentiality by the ICRC is maintained.
I said this was an important amendment. Why is this important? Well,
President Clinton said it well recently:
America's true strength comes from the power of our
example, not the example of our power.
If you really believe in our country and her virtue and in her
promise, you understand this, and you understand what grievous and
lasting harm America has suffered from this administration's embrace of
torture and from this administration's embrace of torture's handmaiden:
secret detention.
If you go down the corridors of history and you survey the evil
practices of tyrant regimes, you find one of their most notorious
methods of coercion and subjugation is holding prisoners incommunicado.
From the oubliettes of Bourbon, France, to Calcutta's Black Hole; from
the Gestapo's secret prisons to the Soviet gulags; from medieval
dungeons to the bamboo cages of the Killing Fields, secret and
anonymous imprisonment has always been the hallmark of the despot. Now
the Bush administration has stamped America with this shameful mark.
America long opposed disappearances and secret detentions around the
world as incompatible with our principles of liberty and justice. Just
this past March, in its 2007 Annual Human Rights Report, the U.S.
Department of State criticized the Governments of North Korea, Burma,
and Sri Lanka for engaging in ``disappearances.'' Yet, on December 8,
2005, the Bush administration acknowledged that the ICRC did not have
access to detainees--to all detainees--held outside of Guantanamo.
President Bush confirmed as much nearly 9 months later when he stated
publicly that it had been ``necessary'' to move certain detainees to an
``environment where they can be held secretly.''
This amendment should be unremarkable given the historic role of the
ICRC. The ICRC has been visiting detainees in connection with armed
conflict since 1915. Last year, the ICRC visited 518,000 detainees in
77 countries. This organization visits prisoners, in its words, ``to
ensure respect for their life, dignity and fundamental right to
judicial guarantees.'' All these notions are part of the bedrock, as we
know, of our own Constitution. A seminal text on this subject, ``The
Treatment of Prisoners Under International Law,'' describes the
prohibition of incommunicado detention as among the most central of all
international prisoner safeguards.
The ICRC holds this unique role in part because of the way it
conducts its business.
After a visit, the ICRC reports its findings confidentially to the
detaining government. The ICRC has said this confidentiality is
fundamental to its success, noting that it ``makes it easier for the
ICRC and the detaining authorities to achieve concrete progress in
detention places.'' Because of the ICRC's approach, this amendment
carefully safeguards our national security. There is even flexibility
for what are called ``imperative considerations of military
necessity.'' Notably, the ICRC has played an important role for U.S.
troops detained by other governments. The American Red Cross reports
that the ICRC visited 55 U.S. prisoners of war in Iraq during the first
gulf war and three U.S. servicemembers in a Serbian prison during the
Kosovo conflict.
In World War II, in the places where the ICRC could operate, it
provided badly need assistance to U.S. soldiers. For example, in
Shanghai, one of the few areas the Japanese permitted ICRC access to
detainees, the ICRC delegate sent the U.S. prisoners of war food and
clothing. PFC Floyd H. Comfort, a part of the Wake Island Marine
garrison said:
If it had not been for the International Red Cross, I guess
we all would have starved to death.
Respected members of our military family recognize that this
amendment would strengthen our ability to advocate for appropriate
treatment of Americans detained overseas. I would like to place in the
Record a letter from 38 retired military leaders, distinguished
generals and admirals who have concluded this amendment is a ``critical
measure to ensure continuing respect for the norm that [ICRC] access
must be provided to all captives in wartime.''
I ask unanimous consent that the letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
September 15, 2008.
Hon. Sheldon Whitehouse,
U.S. Senate,
Washington, DC.
Hon. Chuck Hagel,
U.S. Senate,
Washington, DC.
Hon. Diane Feinstein,
U.S. Senate,
Washington, DC.
Hon. John D. Rockefeller IV,
U.S. Senate,
Washington, DC.
Dear Senators: As retired military leaders of the U.S.
Armed Forces, we write to express our strong support for
Amendment Number 5369 to the pending defense authorization
bill, originally introduced as section 323 of the
Intelligence Authorization Act for Fiscal Year 2009. We
believe this provision, which would require the intelligence
community to provide the International Committee of the Red
Cross (``Red Cross'') with notification of and access to
prisoners in U.S. custody in a manner consistent with the
practices of the Armed Forces, is a critical measure to
ensure continuing respect for the norm that such access must
be provided to all captives in wartime.
The U.S. military has a strong interest in all countries
upholding this norm. When our soldiers, sailors, airmen and
Marines go into battle, we owe them the assurance that,
should they be captured by the enemy, the United States will
be able to aggressively assert their rights to humane
treatment, to be held in recognized places of detention, and
to be registered with and visited by the Red Cross, which
can raise concerns about their treatment. This is
important no matter whether military or intelligence
agents are holding our people captive. When we violate
this norm ourselves, by holding prisoners in secret--``off
the books''--denying that they are in our custody and
refusing to permit the Red Cross access to them to monitor
their treatment, we dangerously undermine our ability to
demand that our enemies adhere to it, now and in future
wars.
This is not just a theoretical concern. In 1993, when U.S.
Warrant Officer Michael Durant was captured by forces under
the control of Somali warlord Mohamed Farah Aideed, the
United States demanded assurances that Durant's treatment be
consistent with the Geneva Conventions and that the Red Cross
be given access to Durant, who was seriously wounded, to
monitor that treatment. The United States asserted that it
would afford Somali forces the same protections. Within five
days, the Red Cross was permitted to visit Durant, and he was
subsequently released.
We know from painful experience that Red Cross access to
captured prisoners can be an important prophylactic against
abuse and can help to ensure that we are in compliance with
the laws of war in the treatment of those in our custody.
Confidential Red Cross reports and recommendations alert
military commanders to serious abuses that, left unaddressed,
can undermine prison discipline
[[Page S8518]]
and--if exposed--undermine the war effort. It was the Red
Cross which, according to a report by Major General George
Fay, notified military authorities in Iraq about the abuses
at Abu Ghraib, leading to some of the military's first
disciplinary actions against those involved.
The Red Cross has been visiting prisoners in armed conflict
situations since the height of First World War. Under U.S.
military policy, the Red Cross is presumptively authorized to
have access to prisoners. Moreover, Department of Defense
Directive 2310.01E, issued in September 2006, mandates that
the Red Cross ``be allowed to offer its services during an
armed conflict, however characterized, to which the United
States is a party.''
Over time, the Armed Forces have built a mutually
beneficial relationship with the Red Cross and have developed
well established practices for Red Cross notification and
access to prisoners. These practices are tailored to
accommodate the demands of battlefield intelligence gathering
and detention, and do not interfere with prisoner
interrogations.
Red Cross notification and access to prisoners is an
essential buttress to the integrity of humane treatment
obligations under the Geneva Conventions. We strongly support
Amendment Number 5369 to the pending defense authorization
bill and urge its adoption into law as an important step in
restoring the moral authority of the United States and
demonstrating the commitment of our Nation to treat all
prisoners humanely.
Sincerely,
General Joseph Hoar, USMC (Ret.); General John P. Jumper,
USAF (Ret.); General Charles Krulak, USMC (Ret.);
General Merrill A. McPeak, USAF (Ret.); General Volney
F. Warner, USA (Ret.); Vice Admiral Lee F. Gunn, USN
(Ret.); Lieutenant General Claudia J. Kennedy, USA
(Ret.); Vice Admiral Albert H. Konetzni Jr., USN
(Ret.).
Lieutenant General Charles Otstott, USA (Ret.); Vice
Admiral Jack Shanahan, USN (Ret.); Lieutenant General
Harry E. Soyster, USA (Ret.); Lieutenant General James
M. Thompson, USA (Ret.); Major General John Batiste,
USA (Ret.); Rear Admiral James Arden Barnett, Jr. USNR
(Ret.); Major General Paul Eaton, USA (Ret.); Major
General Eugene Fox, USA (Ret.).
Major General Larry Gottardi, USA (Ret.); Rear Admiral
Don Guter, USN (Ret.); Rear Admiral John D. Hutson, USN
(Ret.); Major General Melvyn Montano, ANG (Ret.); Major
General Eric Olson, USA (Ret.); Rear Admiral David M.
Stone, USN (Ret.); Major General Antonio `Tony' M.
Taguba, USA (Ret.); Brigadier General Hugh Aitken, USMC
(Ret.).
Brigadier General Dorian Anderson, USA (Ret.); Brigadier
General David M. Brahms, USMC; Brigadier General
Stephen A. Cheney, USMC (Ret.); Brigadier General James
P. Cullen, USA (Ret.); Brigadier General Evelyn P.
Foote, USA (Ret.); Brigadier General Lief H.
Hendrickson, USMC; Brigadier General Oscar Hilman, USA
(Ret.).
Brigadier General David R. Irvine, USA (Ret.); Brigadier
General John H. Johns, USA (Ret.); Brigadier General
David L. McGinnis, USA (Ret.); Brigadier General Murray
G. Sagsveen, USA (Ret.); Brigadier General Earl Simms,
USA (Ret.); Brigadier General Anthony Verrengia, USAF
(Ret.); Brigadier General Stephen N. Xenakis, USA
(Ret.).
____
Biographical Information
general joseph hoar, usmc (ret.)
General Hoar served as Commander-in-Chief, U.S. Central
Command. After the first Gulf War, General Hoar led the
effort to enforce the naval embargo in the Red Sea and the
Persian Gulf, and to enforce the no-fly zone in the south of
Iraq. He oversaw the humanitarian and peacekeeping operations
in Kenya and Somalia and also supported operations in Rwanda,
and the evacuation of U.S. civilians from Yemen during the
1994 civil war. He was the Deputy for Operations for the
Marine Corps during the Gulf War and served as General Norman
Schwarzkopf's Chief of Staff at Central Command. General Hoar
currently runs a consulting business in California.
general john p. jumper, usaf (ret.)
General John P. Jumper has been a director of Conde Nast
Portfolio since his retirement from the Air Force in 2006.
Prior to retirement, General Jumper was Chief of Staff of the
United States Air Force, where he functioned as a military
advisor to the Secretary of Defense, National Security
Council and the President. Between February 2000 and
September 2001, General Jumper was the Commander of
Headquarters Air Combat Control. He has also served at the
Pentagon as Deputy Chief of Staff for Air and Space
Operations, as the Senior Military Assistant to two
secretaries of defense, and as Special Assistant to the Chief
of Staff for Roles and Missions.
general charles krulak, usmc (ret.)
General Krulak served as the 31st Commandant of the Marine
Corps from July 1995 to June 1999. He is a graduate of the
U.S. Naval Academy; the Amphibious Warfare School; the Army
Command and General Staff College; and the National War
College. He also holds a master's degree in labor relations
from George Washington University. General Krulak has held a
variety of command and staff positions including commanding
officer of a platoon and two rifle companies during two tours
of duty in Vietnam. He was also assigned duty as the Deputy
Director of the White House Military Office in September
1987, and he commanded the 6th Marine Expeditionary Brigade
and 2d FSSG during the Gulf War.
general merrill a. mcpeak, usaf (ret.)
General McPeak served as the Chief of Staff of the U.S. Air
Force. Previously, General McPeak served as Commander in
Chief of the U.S. Pacific Air Forces. He is a command pilot,
having flown more than 6,000 hours, principally in fighter
aircraft.
general volney f. warner, usa (ret.)
General Volney F. Warner served as a Province Senior
Advisor in South Vietnam and as the Military Assistant to the
Special Assistant to the President for Vietnam Affairs and as
Executive Officer and Senior Aide to the Army Chief of Staff.
In 1979, he assumed his duties as Commander in Chief, U.S.
Readiness Command. After retirement, General Warner was Vice
President of Applied Technology, Vertex Systems,
Incorporated, and later established V.F. Warner and
Associates, a Washington-based consulting firm.
vice admiral lee f. gunn, usn (ret.)
Vice Admiral Gunn served as the Inspector General of the
Department of the Navy from 1997 until retirement in August
2000. Admiral Gunn's sea duty included: command of the
frigate USS Barbey; command of Destroyer Squadron 31, the
Navy's tactical and technical development anti-submarine
warfare squadron; and command of Amphibious Group Three,
supporting the First Marine Expeditionary Force in Southwest
Asia and East Africa. Gunn is from Bakersfield, California
and is a graduate of UCLA, having received his commission
from the Naval ROTC program at UCLA in June 1965.
lieutenant general claudia j. kennedy, usa (ret.)
General Kennedy is the first and only woman to achieve the
rank of three-star general in the United States Army. Kennedy
served as Deputy Chief of Staff for Army Intelligence,
Commander of the U.S. Army Recruiting Command, and as
Commander of the 703d military intelligence brigade in Kunia,
Hawaii.
vice admiral albert h. konetzni jr., usn (ret.)
Vice Admiral Konetzni served as the Deputy and Chief of
Staff, of the U.S. Atlantic Fleet and Deputy Commander, U.S.
Fleet Forces Command, where he was responsible for 160 ships,
nearly 1,200 aircraft and 50 bases manned by more than
133,000 personnel. He has also served as Commander, Submarine
Force, U.S. Pacific Fleet; Commander, Submarine Group Seven
(Yokosuka, Japan); and Assistant Chief of Naval Personnel for
Personnel Policy and Career Progression. Admiral Konetzni has
received two Distinguished Service Medals, six awards of the
Legion of Merit, and three awards of the Meritorious Service
Medal for his naval service. His Homeland Security efforts
have earned him the U.S. Coast Guard Distinguished Service
Medal.
lieutenant general charles otstott, usa (ret.)
General Otstott served 32 years in the Army. As an
Infantryman, he commanded at every echelon including command
of the 25th Infantry Division (Light) from 1988-1990. His
service included two combat tours in Vietnam. He completed
his service in uniform as Deputy Chairman, NATO Military
Committee, 1990-1992.
vice admiral jack shanahan, usn (ret.)
Admiral Shanahan served in the Navy for 35 years before his
retirement in 1977. A former commander of the North Atlantic
fleet, Admiral Shanahan served in combat in WWII, Korea and
Vietnam.
Lieutenant General Harry E. Sovster, USA (Ret.)
Lieutenant General Soyster served as Director, Defense
Intelligence Agency during DESERT SHIELD/STORM. He also
served as Deputy Assistant Chief of Staff for Intelligence,
Department of the Army, Commanding General, U.S. Army
Intelligence and Security Command and in the Joint
Reconnaissance Center, Joint Chiefs of Staff In Vietnam he
was an operations officer in a field artillery battalion.
Upon retirement he was VP for International Operations with
Military Professional Resources Incorporated and returned to
government as Special Assistant to the SEC ARMY for WWII 60th
Anniversary Commemorations completed in 2006.
Lieutenant General James M. Thompson, USA (Ret.)
General Thompson graduated from West Point in 1950. He
attended Oxford University as a Rhodes Scholar in 1951. After
serving in various command and staff assignments through
brigade level, he was assigned to the Army Staff in Plans and
Policy, then to Director for Estimates, DIA and subsequently
to the Pentagon as Deputy Director for Plans, Policy and NSC
Affairs in the Secretary of Defense's Office. His next two
major assignments were to Turkey as a Major General, Chief of
the Military Mission and then as a Lieutenant General to
Naples, Italy as Chief of Staff to Admiral William J. Crowe
in NATO's Southern Region.
[[Page S8519]]
Rear Admiral James Arden Barnett, Jr. USNR (Ret.)
Rear Admiral Jamie Barnett's last active duty assignment
was Deputy Commander of the Navy Expeditionary Combat Command
(NECC). NECC trains, equips and sends forward Seabees,
Riverine Forces and Explosive Ordinance specialists, among
others, and currently has over 9,000 Sailors in Iraq and
Afghanistan. NECC also provides the expeditionary guard
battalion in Guantanamo. Rear Admiral Barnett has previously
served as the Director of Naval Education and Training in the
Pentagon. He served in the port of Ad Dammam, Saudi Arabia
during Operation Desert Storm. He retired in June 2008 after
32 years in the Navy and Navy Reserve.
Major General John Batiste, USA (Ret.)
General Batiste commanded the First Infantry Division in
Kosovo and Iraq. Prior to that, he was the Senior Military
Assistant to Deputy Secretary of Defense Paul Wolfowitz. He
is currently President of Klein Steel Services in Rochester,
NY.
Major General Paul Eaton, USA (Ret.)
General Eaton recently retired from the U.S. Army after
more than 33 years service. His assignments include Infantry
command from the company to brigade levels, command of the
Infantry Center at Fort Benning and Chief of Infantry. His
most recent operational assignment was Commanding General of
the command charged with reestablishing Iraqi Security Forces
2003-2004, where he built the command and established the
structure and infrastructure for the Iraqi Armed Forces.
Other operational assignments include Somalia, Bosnia and
Albania. Other assignments include the Joint Staff, Deputy
Commanding General for Transformation and Stryker
Unit. Development and Assistant Professor and head of the
French Department at West Point. He is a 1972 graduate of
West Point.
Major General Eugene Fox, USA (Ret.)
Major General Fox retired from the U.S Army in 1989 after
33 years of service. He commanded Field Artillery and Air
Defense Units from platoon to brigade level, instructed in a
service school, and served in various capacities in the
acquisition of DoD weapons systems to include several years
as program manager. His last active duty position was the
Deputy Director of the Strategic Defense Initiative Office.
Subsequent to military retirement General Fox has served as a
Defense Consultant for various companies and government
agencies.
Major General Larry Gottardi, USA (Ret.)
General Gottardi retired in 2006 after 35 years of service
in various posts, including Commanding General, XVIII
Airborne Corps Artillery at Fort Bragg, North Carolina, and
Chief of Public Affairs, Office of the Secretary of the Army,
Deputy Chief of Staff, G-1, US Army Forces Command. He has
been decorated with the Distinguished Service Medal (with Oak
Leaf Cluster), the Defense Superior Service Medal (with Oak
Leaf Cluster), and Legion of Merit (with 3 Oak Leaf
Clusters).
Rear Admiral Don Guter, USN (Ret.)
Admiral Guter served in the U.S. Navy for 32 years,
concluding his career as the Navy's Judge Advocate General
from 2000 to 2002. Admiral Guter currently serves as the Dean
of Duquesne University Law School in Pittsburgh, PA.
Rear Admiral John D. Hutson, USN (Ret.)
Rear Admiral John D. Hutson served in the U.S. Navy from
1973 to 2000. He was the Navy's Judge Advocate General from
1997 to 2000. Admiral Hutson now serves as President and Dean
of the Franklin Pierce Law Center in Concord, New Hampshire.
He also joined Human Rights First's Board of Directors in
2005.
Major General Melvyn Montano, ANG (Ret.)
Major General Montano retired as Adjutant General of New
Mexico on 1 December 1999, completing a military career of 45
years and 9 months. General Montano began his military career
in 1954 enlisting in the New Mexico Air National Guard. After
serving 16 years as an enlisted person, he received a direct
commission as a First Lieutenant in April 1970. He is a
Vietnam veteran, having served at Tuy Hoa Air Base, Republic
of Vietnam in June, 1968. He was appointed the Adjutant
General in December 1994. General Montano is the first
Hispanic Air National Guard Officer appointed as Adjutant
General in the United States. General Montano lives in
Albuquerque, New Mexico.
Major General Eric Olson, USA (Ret.)
General Olson achieved the rank of Major General before
retiring from the United States Army in January 2006. He
began his distinguished military career after graduating from
the United States Military Academy in 1972. His first duty
position was as platoon leader in the 4th Infantry Division
(Mechanized) at Fort Carson, Colorado. Subsequently, General
Olson has commanded at every level from platoon to division,
spending his last three years of service as the Commanding
General of the 25th Infantry Division (Light). General Olson
also served as the Commander of Combined, Joint Task Force
76, responsible for all security and reconstruction
operations in Afghanistan. In his 33-year military career,
General Olson has held several staff positions in joint,
combined, and the Department of the Army staffs. He was also
the 68th Commandant of Cadets at the United States Military
Academy, West Point from 2000 to 2002. General Olson
currently serves as the Chief of Staff and Special Advisor to
the Special Inspector General for Iraq Reconstruction.
Rear Admiral David M. Stone, USN (Ret.)
Rear Admiral David M. Stone, USN (Ret.) is a native of
Algonquin, Illinois and graduated from the US Naval Academy
in 1974. He held four significant ``at sea'' commands during
his 32 years of service, including command of the warship USS
John Hancock, Command of the US Naval Middle East Force in
the Arabian Gulf, Command of Natos Standing Naval Force
Mediterranean during the Kosovo Campaign, and Command of the
Nimitz Battlegroup. He also served ashore in key positions in
the Pentagon and in Europe. Following his Navy service, he
was called upon, after the attacks of 9/11, to serve as an
Assistant Secretary in the newly formed Department of
Homeland Security where he was responsible for the security
of the United States Transportation System as the Director of
TSA (The Transportation Security Administration). He was
appointed by President Bush and unanimously confirmed by the
US Senate for that critical leadership post. He holds three
Masters degrees in the areas of National Security,
International Affairs, and Management. Rear Admiral Stone is
currently President of the Alacrity Homeland Group and Co-
Founder of Blue Ocean Capital Partners. He resides with his
wife (Faith) in Arlington, Virginia.
Major General Antonio ``Tony'' M. Taguba, USA (Ret.)
Major General Antonio ``Tony'' M. Taguba, USA (Ret.) served
34 years on active duty until his retirement on 1 January
2007. He has served in numerous leadership and staff
positions most recently as Deputy Commanding General,
Combined Forces Land Component Command during Operations
Iraqi Freedom in Kuwait and Iraq, as Deputy Assistant
Secretary of Defense for Reserve Affairs, and as Deputy
Commanding General for Transformation, US Army Reserve
Command. Born in Manila, Philippines in 1950, he graduated
from Idaho State University in 1972 with a BA degree in
History. He holds MA degrees from Webster University in
Public Administration, Salve Regina University in
International Relations, and US Naval War College in National
Security and Strategic Studies.
Brigadier General Hugh Aitken, USMC (Ret.)
General Aitken enlisted in the Marine Corps in 1946 and was
commissioned a Second Lieutenant in 1948. Throughout his
career, he had extensive experience serving in and commanding
infantry units to include being the Assistant Division
Commander, 2d Marine Division. He also served several
tours at Headquarters Marine Corps in Strategic Plans and
Manpower Divisions. He was Director, Manpower Plans and
Policy Division at the time of retirement in August 1980.
Brigadier General Dorian Anderson, USA (Ret.)
General Anderson served 30 years as a Commissioned Officer
and later as a Flag Officer US Army, holding leadership and
command positions at all levels as an Infantry Officer
culminating as Commanding General, US Army Human Resources
Command, Alexandria, VA. General Anderson is a 1975 graduate
of the United States Military Academy at West Point, NY,
holds an MA in Management from Webster University and is a
1995 graduate of the US Army War College at Carlisle
Barracks, PA. He is a 2006 graduate of The Executive Program
at University of Virginia's Darden Business School.
Brigadier General David M. Brahms, USMC
General Brahms served in the Marine Corps from 1963-1988.
He served as the Marine Corps' senior legal adviser from 1983
until his retirement in 1988. General Brahms currently
practices law in Carlsbad, California and sits on the board
of directors of the Judge Advocates Association.
Brigadier General Stephen A. Cheney, USMC (Ret.)
Brigadier General Steve Cheney served nine years on the
Marine Corps' two Recruit Depots, including a tour as the
commanding general at Parris Island. He was also the
inspector general for the Marine Corps. Brigadier General
Cheney retired in 2001; he is now the president of the Marine
Military Academy in Harlingen, Texas, and is on the board of
directors for the American Security Project.
Brigadier General James P. Cullen, USA (Ret.)
Mr. Cullen is a retired Brigadier General in the United
States Army Reserve Judge Advocate General's Corps and last
served as the Chief Judge (IMA) of the U.S. Army Court of
Criminal Appeals. He currently practices law in New York
City.
Brigadier General Evelyn P. Foote, USA (Ret.)
General Foote was Commanding General of Fort Belvoir in
1989. She was recalled to active duty in 1996 to serve as
Vice Chair of the Secretary of the Army's Senior Review Panel
on Sexual Harassment. She is President of the Alliance for
National Defense, a non-profit organization.
Brigadier General Lief H. Hendrickson, USMC
As a General Officer, General Hendrickson served as the
Commanding General, Marine Corps Base, Quantico, as President
of the Marine Corps University and as Commanding General,
Education Command. General
[[Page S8520]]
Hendrickson amassed over 5,000 flight hours. His personal
decorations include the Distinguished Service Medal, Defense
Superior Service Medal, Defense Meritorious Service Medal,
Meritorious Service Medal with two gold stars, Air Medal
and the Joint Staff Badge.
Brigadier General Oscar Hilman, USA (Ret.)
Among his many assignments, General Hilman served as the
Commander of the 81st Brigade Combat Team in support of
Operation Iraqi Freedom II, and as the Deputy Commanding
General of I Corps and Fort Lewis. General Hilman was born in
Camarines Sur, in the Republic of Philippines in February
1950. He is a graduate of Philippine College of Criminology,
Central Washington University, and he received his Masters of
Science Degree in Strategic Science from the United States
Army War College. General Hilman's awards and decorations
include: Legion of Merit with Oak Leaf Cluster, Bronze Star
Medal with Oak Leaf Cluster, the Meritorious Service Medal
with 4 Oak Leaf Clusters, Army Commendation Medal with 2 Oak
Leaf Clusters, Army Achievement Medal, Good Conduct Medal,
Army Reserve Components Achievement Medal with Silver Oak
Leaf Cluster and 2 Bronze Oak Leaf Clusters, National Defense
Service Medal with 2 Bronze Stars, Global War on Terrorism
Expeditionary Medal, Global War on Terrorism Service Medal,
Humanitarian Service Medal with 2 Bronze Stars, Armed Forces
Reserve Medal with Gold Hourglass and M Device, the Army
Service Ribbon, and the Combat Action Badge.
Brigadier General David R. Irvine, USA (Ret.)
Brigadier General Irvine enlisted in the 96th Infantry
Division, United States Army Reserve, in 1962. He received a
direct commission in 1967 as a strategic intelligence
officer. He maintained a faculty assignment for 18 years with
the Sixth U.S. Army Intelligence School, and taught prisoner
of war interrogation and military law for several hundred
soldiers, Marines, and airmen. He retired in 2002, and his
last assignment was Deputy Commander for the 96th Regional
Readiness Command. General Irvine is an attorney, and
practices law in Salt Lake City, Utah. He served 4 terms as a
Republican legislator in the Utah House of Representatives,
has served as a congressional chief of staff, and served as a
commissioner on the Utah Public Utilities Commission.
Brigadier General John H. Johns, USA (Ret.)
Brigadier General John H. Johns, USA (Ret), Ph.D., served
in Vietnam and was a key member of a group that developed the
Army's counterinsurgency doctrine in the early 1960s at Ft.
Bragg and later in the Pentagon. After retirement from active
duty, he served as a Deputy Assistant Secretary of Defense
and then as a professor at the National Defense University
for 14 years, where he specialized in National Security
Strategy.
Brigadier General David L. McGinnis, USA (Ret.)
Brigadier General David L. McGinnis is a veteran of two
ground combat assignments in Vietnam with a Special
Operations and Force Management background. Dave experienced
29 years of service in the Army uniform. His military career
ended in 1995 as a Brigadier General, New York National
Guard. After retirement he worked as a Principle Director for
Strategic Plans and Analysis, in the Office of the Secretary
of Defense and as the Senior Fellow of the National Guard
Association of the United States. Since 2000, McGinnis has
provided a steady stream of independent analysis on important
issues, provided commentary in the national news media,
served as a Senior Associate with the Center for Strategic
and International Studies and is an Adjunct Fellow with
the Bipartisan American Security Project. Dave is a member
of the Legion de Lafayette of the National Guard Education
Foundation and is currently serving on the By Laws
Committee of the National Guard Association of the United
States.
Brigadier General Murray G. Sagsveen, USA (Ret.)
Brigadier General Sagsveen entered the U.S. Army in 1968,
with initial service in the Republic of Korea. He later
joined the North Dakota Army National Guard. His assignments
included Staff Judge Advocate for the 164th Engineer Group,
Staff Judge Advocate for the State Area Command, Special
Assistant to the National Guard Bureau Judge Advocate, and
Army National Guard Special Assistant to the Judge Advocate
General of the Army. He completed the U.S. Army War College
in 1988. At the time of his retirement in 1996, he was a
brigadier general and the senior judge advocate in the Army
National Guard. General Sagsveen currently serves as the
general counsel of the American Academy of Neurology in St.
Paul, Minnesota. In February 2004, he participated in a
medical conference in Baghdad, Iraq, and he has been
participating in an effort among U.S. specialty medical
societies to assist physicians in that country.
Brigadier General Earl Simms, USA (Ret.)
General Simms currently serves as the Vice President of
Army Programs for Serco Inc. of Vienna, Virginia. He served
32 years on active duty in numerous leadership and staff
positions until his retirement in September 2000. Most
recently he served as the Commanding General, Soldiers
Support Institute at Fort Jackson, South Carolina and as the
59th Adjutant General of the Army. He graduated from West
Virginia State College in 1968 with a BS degree in Education.
He holds a MA degree in Public Administration from
Shippensburg University.
Brigadier General Anthony Verrengia, USAF (Ret.)
Brigadier General Verrengia retired from the USAF in 1989,
after 38 years of uniformed service. He is a veteran of the
Cold War, Korean War, and Vietnam War. He is a Master
Navigator, who flew in all types of Military Air Transport
Operations for over twenty years. During his career he also
held Command and Staff positions in Operations, Plans,
Logistics, Training and Personnel, and served at all levels
of Air Force Command from the Squadron to Numbered AF, to
Major Air Command, to the Air Staff in Washington, DC He is a
Graduate of the Air Command and Staff College, The Air War
College, the Industrial College of the Armed Forces, and the
National War College.
Brigadier General Stephen N. Xenakis, USA (Ret.)
Dr. Stephen N. Xenakis has served in the U.S. Army, as well
as in healthcare management, academic medicine, and clinical
practice. He retired from the Army in 1998 at the rank of
Brigadier General and held many high level positions,
including Commanding General of the Southeast Regional Army
Medical Command. He currently serves as the Director of Child
and Adolescent Psychiatry at the Psychiatric Institute of
Washington.
Mr. WHITEHOUSE. This letter comes from battlefield warriors and
intelligence officers who participated in every major American conflict
from World War II until today. One of them, indeed, only 2\1/2\ years
ago, was a member of our Joint Chiefs of Staff. These flag officers go
on to say that ``when we violate this norm ourselves, by holding
prisoners in secret--`off the books'--denying that they are in our
custody and refusing to permit Red Cross access to them to monitor
their treatment, we dangerously undermine our ability to demand that
our enemies adhere to it, now and in future wars.''
These military leaders also emphasize that the U.S. military's
practices for ICRC notification and access to prisoners ``are tailored
to accommodate the demands of battlefield intelligence gathering and
detention and do not interfere with prisoner interrogations.''
The ill-advised course that leads one down to darkness was famously
described by Winston Churchill. He said:
It is a fine broad stairway at the beginning, but after a
bit, the carpet ends. A little further on there are only
flagstones, and a little farther on still these break beneath
your feet.
This is the dark corridor down which a misguided administration has
led America. The sooner we turn back, the stronger and safer America
will be. Remember also the Gospel according to Matthew, chapter 25,
verses 36 to 40:
I was naked and you clothed me. I was sick and you visited
me. I was in prison and you came to me.
This applies even to those who are, to quote from Matthew again,
``the least of our brethren'' because ultimately it is not about who
they are, it is about who we are. And who are we? We are still that
city on a hill. We are still a beacon to other nations. The light of
our faith in human freedom still brightens the world. And as we trust
in God, let's also trust in that faith and freedom, in that faith in
America. Let's step back from the dark side, away from the grim tactics
of tyrant regimes and into the light of our faith in America.
I hope we can bring up this amendment. I can't imagine why anybody in
this room would object. Yet here we are.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. WYDEN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WYDEN. Mr. President, I also ask unanimous consent to speak for
up to 15 minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
