[Congressional Record: August 5, 2009 (Senate)]
[Page S8855-S8856]
INTELLIGENCE INVESTIGATIONS
Mr. LIEBERMAN. Mr. President, it has now been nearly 8 years since
our country was attacked on September 11, 2001, as 19 al-Qaida members
hijacked four jet airplanes and crashed three of them into the World
Trade Center and the Pentagon. The passengers on the fourth plane,
Flight 93, learned of the other attacks, fought back against the
hijackers, and heroically gave their lives to prevent that plane from
reaching its target in Washington, DC. That target was probably this
very building--the U.S. Capitol.
In the last 8 years, our homeland has not been attacked again. The
reasons for this are many. We created a Department of Homeland
Security, and we adopted reforms in our intelligence community
recommended by the 9/11 Commission. We are now consistently connecting
the intelligence dots that were not connected before 9/11. We have
denied safe haven to terrorist organizations in Afghanistan, Iraq, and
other countries around the world. And we have worked with our allies to
prevent terrorist groups from gaining access to nuclear and
radiological materials and to combat terrorist financing.
One of the most important reasons why we have not been attacked again
in the last 8 years is the tireless work of the men and women who serve
in our intelligence agencies. While the attacks of 9/11 have receded
into the memory of many Americans, I assure my colleagues that is not
the case for the intelligence community. They know that the threat of
terrorism has not diminished and are working each day to detect and
disrupt terrorist plots targeting America and our allies.
They know that the threats we face are ones that could imperil the
lives of countless Americans. Just last year, the Commission on the
Prevention of Weapons of Mass Destruction determined that it is ``more
likely than not'' that a nuclear or biological weapon of mass
destruction will be used against the United States in a terrorist
attack within the next five years. Should a nuclear device detonate in
an American city, it could instantly kill hundreds of thousands of
people and render the city uninhabitable for years. This is a
devastating possibility that America faces every day and agents are
working to prevent every second of every day.
For all of these reasons, I believe we have a responsibility to give
our intelligence agencies and agents the resources and tools they need,
as well as the respect and appreciation they have earned.
What we should not do is go backwards by investigating intelligence
officials who served us on the front lines of this ongoing war on
terrorism and acted within legal guidance they were given.
Attorney General Holder is still considering an investigation into
CIA interrogators and contract employees. I fear that such an
investigation could very well foster a climate of political
recriminations and sap the morale of the intelligence community. Those
near certain results would no doubt leave our country less safe.
President Obama had it right when he said that with regard to past
behavior by the intelligence community, he is ``more interested in
looking forward . . . than looking backward.'' Given the threats that
we face as a nation, it is imperative that we follow the President's
lead.
With regard to the treatment of detainees now in U.S. custody, the
President has been clear. The Executive order he signed on January 22
of this past year requires that all detainees in U.S. custody ``shall
in all circumstances be treated humanely and shall not be subjected to
violence to life and person'' and that all interrogations carried out
by the U.S. Government, whether by the military, the CIA, the FBI or
any other government entity, shall comply with the Army Field Manual.
The President's Executive order is consistent with the Detainee
Treatment Act as well as the Convention Against Torture and Common
Article 3 of the Geneva Conventions. Given that such policy changes
have already been made, I can see no benefit from new investigations of
intelligence officials, especially those who were doing what they
thought was appropriate and necessary to keep us safe.
The 9/11 Commission did a positive and constructive investigation of
past events that needed to be understood so that we did not repeat the
mistakes that made that horrific day possible. The commission
investigated the activities of agencies such as the CIA and FBI in the
years and months prior to the attacks of 9/11, and was unsparing in
pointing out where those agencies had missed opportunities to disrupt
the plot. As a result of the commission's recommendations, we
established the Director of National Intelligence and the National
Counterterrorism Center, improved sharing of intelligence information,
and strengthened our watchlisting and visa issuance systems. All of
these initiatives make the United States safer today against the threat
of terrorism.
[[Page S8856]]
A new investigation of interrogation procedures used on al-Qaida
detainees would have no such benefits given that these procedures have
now been changed. But an investigation into past practices could cause
great harm.
An investigation could ruin careers of men and women who have
sacrificed so much on our behalf and would have a chilling effect on
intelligence efforts moving forward. The overhanging threat of
investigations will force those in the intelligence services to be risk
averse, which in turn would make us all less secure. In the war against
an enemy that does not wear a uniform, that ruthlessly kills innocent
civilians, that then hides among those very same civilians, and that
uses our own freedoms to undermine and attack us, tough decisions under
great pressure--life and death decisions--must be made by those whose
job it is to protect our security and our freedom.
As CIA Director Leon Panetta recently wrote in the Washington Post:
The time has come for both Democrats and Republicans to
take a deep breath and recognize the reality of what happened
after September 11, 2001. The question is not the sincerity
or the patriotism of those who were dealing with the
aftermath of September 11. The country was frightened, and
political leaders were trying to respond as best they could.
Judgments were made. Some of them were wrong. But that should
not taint those public servants who did their duty pursuant
to the legal guidance provided.
As I said at the beginning, we must not take for granted the
important fact that we have not been attacked on our homeland since
September 11, 2001. That fact is not an accident nor is it just a
product of good luck. It is mostly the result of the ceaseless efforts
to protect our country by the brave men and women in our military, by
all who work for civilian agencies involved in homeland security and
counterterrorism, and last but not least, by the intelligence
community. Those men and women are, as CIA Director Panetta pointed
out, ``truly America's first line of defense.''
I urge the Attorney General not to go forward with the investigations
being debated now. The collateral damage to America's intelligence
community could be severe and that is something no American should
want.
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