[Congressional Record: June 21, 2011 (Senate)]
[Page S3976-S3977]
SENATE RESOLUTION 213--COMMENDING AND EXPRESSING THANKS TO
PROFESSIONALS OF THE INTELLIGENCE COMMUNITY
Mr. DeMINT (for himself, Mr. Cornyn, Mr. Vitter, Ms. Ayotte, Mr.
Barrasso, Mr. Blunt, Mr. Boozman, Mr. Burr, Mr. Chambliss, Mr. Coats,
Mr. Coburn, Mr. Cochran, Mr. Crapo, Mr. Enzi, Mr. Grassley, Mr. Hatch,
Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. Johanns, Mr. Johnson of
Wisconsin, Mr. Kirk, Mr. Lee, Mr. McConnell, Mr. Portman, Mr. Risch,
Mr. Rubio, Mr. Sessions, Mr. Shelby, Mr. Thune, Mr. Wicker, Mr.
Roberts, Mr. Lieberman, Mr. Graham, and Mr. Alexander) submitted the
following resolution; which was referred to the Select Committee on
Intelligence:
S. Res. 213
Whereas since the attacks on September 11, 2001, the United
States intelligence community has gathered critical
information that has helped to prevent additional attacks on
United States soil;
Whereas the Central Intelligence Agency (hereinafter
referred to as the ``CIA'') plays a vital role in United
States intelligence collection;
Whereas the importance of the CIA's work was exemplified by
the successful operation against Usama bin Laden;
Whereas, as authorized by the President and in accordance
with specific legal guidance provided by the Department of
Justice, the CIA lawfully detained and interrogated certain
high-value suspected terrorists;
Whereas information obtained from high-value detainees who
had been detained and interrogated by the CIA was essential
in determining the organizational structure, key operatives,
modus operandi, and other relevant information on al-Qaeda
operations;
Whereas information obtained from high-value detainees who
had been detained and interrogated by the CIA was crucial to
tracking down Usama bin Laden;
Whereas Michael Hayden, a former Director of the CIA,
wrote, ``Let the record show that when I was first briefed in
2007 about the brightening prospect of pursuing bin Laden
through his courier network, a crucial component of the
briefing was information provided by three CIA detainees, all
of whom had been subjected to some form of enhanced
interrogation. One of the most alerting pieces of evidence
was that two of the detainees who had routinely been
cooperative and truthful (after they had undergone enhanced
techniques) were atypically denying apparent factual data--a
maneuver taken as a good sign that the CIA was on to
something important. So that there is no ambiguity, let me be
doubly clear: It is nearly impossible for me to imagine any
operation like the May 2 assault on bin Laden's compound in
Abbottabad, Pakistan, that would
[[Page S3977]]
not have made substantial use of the trove of information
derived from CIA detainees, including those on whom enhanced
techniques had been used.'';
Whereas a May 30, 2005, Department of Justice memo stated,
``In particular, the CIA believes that it would have been
unable to obtain critical information from numerous
detainees, including KSM [Khalid Sheikh Mohammed] and Abu
Zubaydah, without these enhanced techniques. . . . Indeed,
before the CIA used enhanced techniques in its interrogation
of KSM, KSM resisted giving any answers to questions about
future attacks, simply noting, `Soon, you will know.' '';
Whereas according to such May 30, 2005, memo, Abu Zubaydah
explained the effect of enhanced techniques as, ``Brothers
who are captured and interrogated are permitted by Allah to
provide information when they believe they have reached the
limit of their ability to withhold it in the face of
psychological and physical hardships.'';
Whereas such May 30, 2005, memo further indicates that
after using enhanced interrogation techniques, high-value
detainees became cooperative stating, ``since the use of
enhanced techniques, `KSM and Abu Zubaydah have been pivotal
sources because of their ability and willingness to provide
their analysis and speculation about the capabilities,
methodologies, and mindsets of terrorists.' '';
Whereas mastermind of the attacks of September 11, 2001,
Khalid Sheikh Mohammed disclosed to CIA interrogators
information about a ``second wave'' plot using an East Asian
al-Qaeda group known as Jemmah Islamiyah to hijack and crash
an airliner into the Library Tower in Los Angeles;
Whereas Khalid Sheikh Mohammed gave CIA interrogators
information that led to the capture of Riduan bin Isomuddin,
known as Hambali, the leader of the Indonesian terrorist
organization Jemaah Islamiyah;
Whereas al-Qaeda senior operational planner Abu Zubaydah
and Khalid Sheikh Mohammed supplied important intelligence
about Abu Musab al-Zarqawi and his terrorist network, aiding
United States operations against al-Qaeda in Iraq;
Whereas in a May 2011 interview, Leon Panetta, the Director
of the CIA, in response to a direct question about enhanced
interrogation and the successful bin Laden operation, stated
that, ``Obviously there was some valuable information that
was derived through those kind of interrogations.'';
Whereas, although the President issued an Executive Order
in January 2009 that effectively ended the CIA's
interrogation and detention program, the Administration has
yet to establish clear policies for the detention and
interrogation of suspected high-value detainees, particularly
those captured overseas by foreign governments;
Whereas in 2009, the Attorney General launched a
preliminary review into whether Federal laws were violated in
connection with the interrogation of specific detainees, even
though career prosecutors had previously considered and
rejected filing criminal charges in those cases; and
Whereas the preliminary review initiated by the Attorney
General will determine whether CIA employees involved in the
detention and interrogation of terrorists should be
prosecuted for alleged violations of Federal law: Now,
therefore, be it
Resolved, That the Senate--
(1) commends the professionals of the United States
intelligence community for their dedication;
(2) expresses thanks to the employees of the Central
Intelligence Agency for their selfless service;
(3) recognizes that continued investigation of employees of
the Central Intelligence Agency for their involvement in a
detention and interrogation program that helped to save lives
by averting terrorist attacks on the United States is
unwarranted and will likely have a chilling effect on the
critical work of their colleagues and other United States
national security professionals;
(4) urges the President and the Attorney General to
immediately close the Department of Justice's ongoing
investigation, and decline future prosecution, of Central
Intelligence Agency employees for actions related to the
interrogation of detainees at overseas locations, including
the use of enhanced interrogation techniques on detained
terrorists at such locations; and
(5) urges the President to develop and implement policies
allowing for the long-term detention and interrogation by the
intelligence community of high-value detainees, including
detainees who are captured overseas or are in the custody of
foreign countries.
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