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Congressional Record—Senate S9503 September 13, 2006 CONGRESSIONAL RECORD — SENATE S9503 Committee—have any information at carefully and thoroughly consider any HONORING OUR ARMED FORCES all on the subject of the legislation specific proposals for improving the only makes things worse. FISA law, closely examining whether STAFF SERGEANT KENNETH JENKINS In the rush to rubberstamp the ad- they are justified. Despite the action Mrs. LINCOLN. Mr. President, I rise ministration’s unconstitutional power this morning, we have not done that today in tribute to a brave young man grab, Congress could end up turning yet. Recent testimony by Generals from my home State of Arkansas. SSG the legislative process on its head. As Alexander and Hayden provided some Kenneth Jenkins was a loving son, a an institution, and as elected rep- possible suggestions as to ways that devoted husband, and a loyal friend. He resentatives of the American people, it FISA might be modernized—the kinds was also an American hero, who ful- is our responsibility to make sure the of suggestions that should have been filled his lifelong ambition of honor- President complies with the law. In- made years ago. Congress should en- ably and courageously serving our na- stead, Republican leaders are rushing courage more such exchanges, and tion in uniform. In doing so, he was to to make sure the law complies with the make the ultimate sacrifice in the should consider major revisions to President. That is far from the ringing name of freedom. affirmation of the rule of law that we FISA only after it can fully assess the need for such legislation as well as its Those who knew him best tell of a should expect from Congress in re- special young man who always placed sponse to the administration’s law- ultimate impact. By rushing to legiti- mize and legalize domestic surveillance his friends and family above all else. breaking. Always dependable, he was the type of If Congress and the administration that does not comply with the FISA person who would give you the shirt off are going to take seriously their re- law, Congress only short-circuits this of his back if needed. It was this gen- spective responsibilities, four things process. erosity and goodwill that endeared him must happen. First, the congressional And fourth, regardless of current to others. They were also the traits intelligence committees must demand oversight and legislative efforts, the that allowed him to form new bonds that the administration provide docu- President needs to be held accountable quickly with everyone he met and with ments and information related to the for breaking the law. His domestic everyone he served. warrantless surveillance program and warrantless wiretapping program is il- insist on the same kind of thorough On July 1, 1999, Staff Sergeant Jen- legal. The legal arguments put forward oversight to which other intelligence kins fulfilled his aspiration to serve to justify the program are as dubious programs are subject. The National Se- our Nation in uniform by enlisting in today as they were when they were curity Act requires that the commit- the U.S. Army. Soon after completing tees be kept fully and currently in- made last December, particularly in his training, he was deployed for var- formed of all intelligence programs. It light of the recent Supreme Court deci- ious missions around the world, which is long past time for the administra- sion in Hamdan. The President’s fail- took him to such countries as Bosnia, tion to respect the spirit of that law. ure to inform the full congressional in- Kosovo, Macedonia, and Cuba. Second, the administration must pro- telligence committees about the pro- Throughout his service, he was a sol- vide the information the Judiciary gram for years was also illegal, and his dier’s soldier, grateful to serve and Committee needs about the program so subsequent decision to provide only proud of his role in helping to defend that it can reconsider the uninformed limited information about the program the people and the country that he and dangerous legislation reported out to the intelligence committees at the loved. It came as no surprise that Staff this morning. That does not mean the least violates the spirit of the National Sergeant Jenkins answered his Na- Judiciary Committee has to see oper- Security Act. And the President con- tion’s call for duty in Operation Iraqi ational details about the program. It tinues, to this day, to mislead the Freedom, completing a full tour of does mean it needs to understand the country about terrorist surveillance duty and returning for a second. basics of the program and the adminis- and FISA. For these reasons, Congress In Iraq, he served with the 3rd Bat- tration’s contemporaneous legal jus- should censure the President. The chal- talion, 67th Armor Regiment of the 4th tifications throughout the duration of lenging and crucial work of defending Infantry Division. Tragically, while the program. Certainly, the Judiciary our Nation against a determined conducting operations in Baghdad on Committee should not even have begun enemy demands a return to the rule of August 12, his humvee came under at- to consider expanding FISA before it law. We are stronger as a law-abiding tack by enemy forces and sustained received an explanation from the ad- country, not weaker. small arms fire. He later died from in- ministration as to why it was unwill- juries sustained in that battle. He was We should be working together to ing to comply with current law. The scheduled to return home in November. administration has never provided that protect America. The President’s Staff Sergeant Jenkins was laid to explanation because, in my view, it power grab has been a long and costly rest with full military honors in cannot. From what I have seen as a distraction. It has undermined a pre- Killeen, TX. Posthumously, he was member of the Intelligence Committee, existing consensus about how to defend awarded a Bronze Star and a Purple the surveillance that the administra- our country and its democratic tradi- Heart for his courageous service. A few tion says is necessary to protect this tions. It has resulted in a completely miles away, his fellow soldiers held a country can be accommodated without unnecessary stand-off between the ex- separate memorial ceremony at Fort violating FISA. ecutive branch and Congress. And it Hood in honor of Jenkins and the five We can listen in on terrorist suspects has resulted in an administration pub- other 4th Infantry Division soldiers without surrendering the basic prin- licly making the untenable argument who were killed in Iraq during the ciple of individualized warrants. We that the laws passed by Congress can month of July. can be secure without having to accept be ignored. unchecked executive power. We can ef- It is with a heavy heart that we None of this was inevitable. And it fectively fight terrorism without sacri- mourn the loss of yet another brave can all be resolved, if only we take a ficing the rights and freedoms that soldier from Arkansas. While Kenneth step back and remember the principles make this country the greatest beacon Jenkins may no longer be with us, I for individual liberty in the history of on which our system of government pray that we may find some sense of the world. was based. The balance of powers en- solace knowing that his spirit will live The mere assertion by the President shrined in the Constitution and the on forever in the hearts of those whose that FISA no longer applies cannot be freedoms contained in the Bill of lives he touched. The way he lived his the basis for eradicating 30 years of law Rights are not impediments to our na- life is truly an example for us all. My and jurisprudence. Congress should de- tional security. They are our strength. thoughts and prayers are with his wife mand answers before deciding whether We can and must fight terrorism ag- Brandy Jenkins, his sister Stephanie and how to amend FISA. gressively without undermining the Richard, his brother Mack Jenkins, his This leads me to my third point— rule of law on which this country parents, and with all those who knew that the Judiciary Committee should stands. and loved this special young man. VerDate Mar 15 2010 23:46 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S13SE6.REC S13SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9504 CONGRESSIONAL RECORD — SENATE September 13, 2006 ADDITIONAL STATEMENTS But now with this success behind him then electoral success would follow. and given his previous experience in And on that basis, he worked to rebuild the private sector, his work with our party from the ground up. TRIBUTE TO NICK WALTERS former Mississippi Governor Kirk A tireless worker on behalf of others’ ∑ Mr. LOTT. Mr. President, I want to Fordice, his stint as chief of staff for campaigns, he also held elected office, take a moment and wish best of luck to the Mississippi Public Service Commis- serving for 10 years in the State legis- a accomplished, young and promising sion Nick Walters will be successful in lature, first as a member of the Oregon Mississippian who is leaving Federal wherever his endeavors may lead. House of Representatives and then as a service to pursue private sector oppor- I hope my colleagues will join me in member of the Oregon Senate. Prior to tunities. thanking Nick Walters for his exem- that, in 1948, he was elected to the Nick Walters, originally of Wiggins, plary service to the Federal Govern- Democratic National Committee.
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