[Congressional Record: January 29, 2009 (Senate)]
[Page S1052-S1053]
BLAIR NOMINATION
Mr. FEINGOLD. Mr. President, I support the nomination of ADM Dennis
Blair to be Director of National Intelligence. I do so as a strong
supporter of intelligence reform and in the belief that Admiral Blair
brings not only a keen understanding of the current challenges to
interagency cooperation but an enthusiasm for reform. I am also
encouraged by his consistent and repeated commitments to keep the
congressional intelligence committees fully and currently informed, and
his desire to end the stonewalling conducted by the Bush
administration. The confirmation process has raised a number of issues
of concern that I believe have been adequately addressed, although it
is my hope and expectation that Admiral Blair, if confirmed, will work
with me and other members of the committee on these, as well as other
important matters.
Admiral Blair has committed to ending the Bush administration
practice of hiding programs such as the CIA detention program and the
President's warrantless wiretapping program from the full committee and
has said that these programs ``were less effective and did not have
sufficient legal and constitutional foundations because the
intelligence committees were prevented from carrying out their
oversight responsibilities.'' He has also committed to breaking down
the stovepiping of oversight whereby Intelligence Committee members are
denied access to important Department of Defense activities. These
commitments are a critical first step in ensuring effective oversight
and in reestablishing a collaborative relationship between our two
branches of Government.
While I was disappointed with Admiral Blair's refusal, at his
hearing, to characterize waterboarding as torture, I am confident that
he will carry out President Obama's Executive order prohibiting
``enhanced interrogation techniques.'' I am also assured by his
statement that ``the United States must not render or otherwise
transfer anyone to a country unless we have credible assurances that
they will not be subject to torture or other unacceptable treatment.''
His statements on privacy, civil liberties and checks and balances
have also been reassuring. He has expressed concern about the U.S.
Government's accumulation of detailed private information on U.S.
citizens. He has reaffirmed that FISA is the ``only legal authority for
conducting surveillance within the United States for intelligence
purposes.'' He told me at his hearing that he would submit intelligence
programs to the Justice Department's Office of Legal Counsel at the
outset, so that they are conducted under clear legal authorities. And,
more generally, he has stated that he sees it has his responsibility to
``make clear that protecting the privacy and civil liberties of
Americans is as important as gathering intelligence.'' I do have
concerns about his statement that he supports immunity for companies
that allegedly cooperated with
[[Page S1053]]
President Bush's illegal warrantless wiretapping program and will urge
him to reconsider his position once he is more familiar with the
program.
I have found Admiral Blair to be very forthcoming with regard to
reform. He clearly understands the importance not only of integrating
the intelligence community but of developing coherent strategies that
bring the intelligence community together with other departments of the
U.S. Government, as well as budgets that reflect those strategies.
These efforts have been central to my work in the Intelligence
Committee, as I sought--through legislation and classified letters--to
obtain interagency counterterrorism and other national security
strategies from the Bush administration. I am confident that Admiral
Blair will work to change this longstanding gap in our strategic
capabilities. I am also reassured by his statement, at his confirmation
hearing, that he agrees with the need to bring together the ways the
U.S. Government obtains information, through the IC as well as through
diplomatic reporting and other nonclandestine means. This critical
priority was the subject of legislation introduced last year by Senator
Hagel and myself and passed by the Intelligence Committee, and I will
continue working to enact that bill.
A related issue is the need to ensure that Department of Defense
intelligence activities are conducted under the policies of the DNI and
under chief of mission authorities. In this regard, Admiral Blair has
not indicated any new policy positions. On the other hand, he has
stated that he understands the importance of ``a coherent and
coordinated approach to foreign governments and intelligence services''
and has promised to ``act quickly to put in place procedures to
accomplish the directed alignment of foreign intelligence and
counterintelligence agreements and to institutionalize it for the
future.'' This is a critical issue, and I look forward to working
closely with Admiral Blair, should he be confirmed, as well as other
members of the administration.
Another issue on which I expect to work with Admiral Blair, should he
be confirmed, is human rights. I have, and no doubt will continue to
have, disagreements with him about U.S. engagement with the Indonesian
military, notwithstanding the lack of accountability for human rights
abuses. While Admiral Blair has helped clarify his role when he was at
Pacific Command, those substantive differences remain. Going forward, I
am encouraged by his statement that the intelligence community ``needs
to emphasize in its relationships around the world that the United
States respects and seeks to advance respect for human rights and that
IC agencies do not condone behavior that violates this core American
value.'' I expect to work with Admiral Blair to ensure that that
message is conveyed convincingly.
Finally, I have raised concerns about Admiral Blair's past conflicts
of interest. He has acknowledged mistakes, including his failure to
seek counsel before deciding not to recuse himself. I have asked him
whether he would seek counsel in the future, including of ethics
officers, and he has assured me that he would.
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