May 26, 2006 CONGRESSIONAL RECORD — SENATE S5311 but two—hearings before the Senate Mr. MCCONNELL. The following Sen- mitment to the Constitution, and inde- Judiciary Committee. ators were necessarily absent: the Sen- pendence. Based on what I know about He has been candid and forthcoming ator from North Carolina (Mrs. DOLE) General Hayden after working closely in answering countless oral and writ- and the Senator from South Dakota with him for more than 5 years, and ten questions from the Judiciary Com- (Mr. THUNE). based on his testimony last week, I will mittee. And he has met one-on-one Further, if present and voting, the support his nomination to be Director with numerous Members—both Repub- Senator from North Carolina (Mrs. of the Central Intelligence Agency, lican and Democrat. DOLE) and the Senator from South Da- CIA. I have no question about his com- And now it’s time that Brett kota (Mr. THUNE) would have voted petence or personal integrity and ex- Kavanaugh gets the fair up-or-down ‘‘yea.’’ pect him to remain an independent vote that he’s been waiting on for 3 Mr. DURBIN. I announce that the voice, committed to the Constitution years. Senator from California (Mrs. BOXER), not just with words but with deeds. Later this morning, the Senate will the Senator from North Dakota (Mr. My confidence in General Hayden give him that vote. We will fulfill our CONRAD), the Senator from Hawaii (Mr. should not be interpreted as confidence constitutional duty of advice and con- INOUYE), the Senator from West Vir- in this administration. I have flashing sent. ginia (Mr. ROCKEFELLER), and the Sen- yellow lights about the Bush adminis- Over the last few weeks, we’ve heard ator from Colorado (Mr. SALAZAR) are tration’s willingness to politicize this a lot about his sterling credentials and necessarily absent. important intelligence agency. I am professional experience. The PRESIDING OFFICER. Are there also concerned that this administra- He is a graduate of Yale College and any other Senators in the Chamber de- tion sometimes pays lip service to the Yale Law School and was awarded a siring to vote? law of the land, as we have seen with prestigious Supreme Court law clerk- The result was announced—yeas 57, recent revelations about the ship. nays 36, as follows: warrantless surveillance program. He has an extraordinary range of ex- [Rollcall Vote No. 159 Ex.] In more than 35 years as military in- perience in both the public and private telligence officer, General Hayden has YEAS—57 sectors. clearly demonstrated his competence, He has dedicated more than 16 years Alexander Crapo Martinez both in his work as Director of the Na- Allard DeMint McCain to public service—as an appellate law- Allen DeWine McConnell tional Security Agency, NSA, and as yer, a prosecutor, and an Assistant to Bennett Domenici Murkowski Deputy Director of National Intel- the President. Bond Ensign Nelson (NE) ligence. He led NSA at a critical time He has argued both civil and criminal Brownback Enzi Roberts Bunning Frist Santorum in the Agency’s history, as the United matters before the U.S. Supreme Court Burns Graham Sessions States took the offensive against those and appellate courts throughout the Burr Grassley Shelby who had attacked us. He inherited an country. Byrd Gregg Smith agency that needed to be transformed: And he has received the American Carper Hagel Snowe Chafee Hatch Specter from its Cold War orientation, from Bar Association’s stamp of approval to Chambliss Hutchison Stevens analogue to digital, from concen- serve on the Federal bench on three Coburn Inhofe Sununu trating on the Soviet threat to looking separate occasions. Cochran Isakson Talent at multiple threats and nonstate ac- Brett Kavanaugh is respected in the Coleman Kyl Thomas Collins Landrieu Vitter tors. He accomplished this trans- legal community for his keen intellect Cornyn Lott Voinovich formation at breathtaking speed. As and legal prowess. And he has earned Craig Lugar Warner Deputy Director of National Intel- the reputation as a man of integrity, NAYS—36 ligence, General Hayden helped stand- fairness, and honesty. up a brand new intelligence organiza- In a larger sense, today’s vote is Akaka Feinstein Menendez Baucus Harkin Mikulski tion, recruiting a top-notch team, about more than just Brett Kavanaugh Bayh Jeffords Murray breaking down ‘‘stove pipes’’ between as an individual nominee. Today’s vote Biden Johnson Nelson (FL) agencies, and helping to unify the en- is another sign of progress for the judi- Bingaman Kennedy Obama Cantwell Kerry Pryor tire intelligence community. cial nominations process. Clinton Kohl Reed I have known and worked closely The Senate is continuing on a path Dayton Lautenberg Reid Dodd Leahy Sarbanes with General Hayden since 1999, when we began a little more than a year ago. he came to NSA. I have no question At that time, the Senate turned away Dorgan Levin Schumer Durbin Lieberman Stabenow about his personal integrity. He has al- from judicial obstruction and advanced Feingold Lincoln Wyden ways been a candid reformer. But re- the core constitutional principle that NOT VOTING—7 cent revelations about the warrantless every judicial nominee with majority surveillance program have raised seri- support deserves a fair up-or-down Boxer Inouye Thune Conrad Rockefeller ous questions: questions about the in- vote. Dole Salazar tegrity of surveillance programs that I am proud of the Senate for con- The nomination was confirmed. may have side-stepped the law; ques- tinuing on this path—for fairness, for The PRESIDING OFFICER. The tions about a decision at the highest principle, for the Constitution. And I urge my colleagues to support President will be immediately notified level to keep most members of the Sen- the nomination of Brett Kavanaugh. of the Senate’s action. ate Select Intelligence Committee in Mr. LEAHY. Mr. President, have the f the dark about these programs; and questions about whether a candid re- yeas and nays been ordered? GENERAL MICHAEL V. HAYDEN TO The PRESIDENT pro tempore. The former has become a cheerleader for BE DIRECTOR OF THE CENTRAL this administration. I discussed my yeas and nays have not been ordered. INTELLIGENCE AGENCY Mr. LEAHY. Mr. President, I ask for concerns with Hayden during the con- the yeas and nays. The PRESIDING OFFICER. Under firmation hearing, and he promised to The PRESIDING OFFICER (Mr. the previous order, the Senate will pro- ‘‘speak truth to power.’’ I take him at ISAKSON). Is there a sufficient second? ceed to a vote on Executive Calendar his word, but the proof will be in his There is a sufficient second. No. 672, which the clerk will report. deeds. The question is, Will the Senate ad- The legislative clerk read the nomi- I have no question about General vise and consent to the nomination of nation of General Michael V. Hayden, Hayden’s commitment to the mission Brett M. Kavanaugh, of Maryland, to United States Air Force, to be Director of the intelligence community. He has be United States Circuit Judge for the of the Central Intelligence Agency. worked in almost every aspect of col- District of Columbia Circuit? Ms. MIKULSKI. Mr. President, there lecting and analyzing intelligence. But The yeas and nays have been ordered. are five criteria I use to evaluate all his expertise is technical intelligence, The clerk will call the roll. executive branch nominees: com- known as signals intelligence, SIGINT, The assistant legislative clerk called petence, integrity, commitment to the and the CIA is our Nation’s lead agency the roll. core mission of the department, com- for human intelligence, HUMINT.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.012 S26MYPT1 ycherry on PROD1PC64 with SENATE S5312 CONGRESSIONAL RECORD — SENATE May 26, 2006 These two disciplines have very dif- the United Nations with wrong infor- secrecy shield decisionmakers from ferent challenges, different technology, mation, because CIA analysis had be- any kind of accountability? and different cultures. Many have come too politicized. General Hayden The fact that General Hayden was asked if a SIGINT expert is the right said that his job at the CIA will be to the key architect and, more recently, choice to lead a HUMINT agency. Gen- let intelligence analysts do what comes the principal defender of a program eral Hayden addressed this question in naturally: provide unvarnished intel- that listened to phone calls of Ameri- our hearing. He believes his long career ligence analysts, independent of polit- cans without a warrant, a program the in intelligence has prepared him for ical concerns. He said, ‘‘My job is to administration refuses to come clean this challenge. He has a plan to im- keep anything from getting in the about, resides at ground zero of this de- prove HUMINT tradecraft and develop way’’ of their work. He promised to bate. common standards among all HUMINT consider implementing a dissent chan- The goal of General Hayden’s pro- agencies, including the Defense Intel- nel to allow intelligence workers an gram was appropriate: to find al-Qaida ligence Agency. He will also invest in avenue for expressing their concerns operatives who would do us harm. But research and development of the cut- without leaking classified information the administration, instead of relying ting-edge technology our men and to the press. on the consent of the people through women at the CIA need to accomplish In conclusion, Mr. President, I be- the American Congress and the court their mission. General Hayden has lieve General Hayden is qualified to created under the Foreign Intelligence promised to focus our human intel- lead the CIA, and I will vote for his Surveillance Act, chose, unnecessarily, ligence activities on understanding to- confirmation. But I have serious con- to assert the President’s unfettered au- morrow’s threats, not just responding cerns about how the Bush administra- thority as a war-time commander to to today’s headlines. I believe he will tion has politicized this important in- execute this program. bring to the CIA the same leadership, telligence agency. The Senate Select We must use every tool at our dis- passion for reform, and respect for our Committee on Intelligence must keep a posal to protect America. But the ad- intelligence workers that he brought to close eye on the CIA as it struggles to ministration has no reason to assert the NSA. He will be a strong advocate redefine itself and its role in our re- unchecked Executive power when Con- for the CIA as it struggles to redefine formed intelligence community. gress is more than willing to work to itself. Mr. KERRY. Mr. President, I opposed create the mechanisms to keep Amer- I have two flashing yellow lights the nomination of GEN Michael Hay- ica safe while we still preserve our es- about this nomination. First, I have se- den to serve as Director of the Central sential liberties. rious questions about the Bush admin- Intelligence Agency. America has been the strongest, istration’s commitment to protecting General Hayden has many qualifica- safest, most secure Nation on the plan- the Constitution. Second, I believe that tions as an intelligence professional, et for more than 200 years without ever we need a CIA Director who will be but I am sad to say that he is the having to choose between security and independent. wrong person for the job. freedom. We can have both. But it re- I believe General Hayden is com- Over the last years, the abuse of the quires an executive branch that re- mitted to protecting the Constitution CIA by the Rumsfeld Pentagon and the spects the co-equal branches of Govern- while he works to protect our country Cheney White House has hurt our na- ment. After the terrorist attacks of from terrorists. But I am concerned tional security and our credibility September 11, 2001, the Nation was that others in this administration pay around the world, as the CIA was united behind the President. Congress lip service to the law of the land. We bullied into becoming a client of ad- was—and is—prepared to do anything all take an oath when we take office. ministration ideologues, yielding un- necessary to win the war on terror and We swear to support and defend the founded claims of ‘‘slam dunk’’ evi- ready to work with the President. If Constitution of the United States. We dence for mythical weapons of mass de- President Bush believed the domestic don’t swear to a President or to a struction in Iraq. eavesdropping laws were insufficient, party. We know there are real threats, I am not confident that General Hay- then all he had to do was ask Congress predators, actors who want to kill den is the person best equipped to re- to improve them immediately. But the Americans. And we know that some of store the CIA’s independence and credi- President didn’t do that. Instead, he the tools that keep us safe must re- bility, not just because he comes from decided he was above the law. main secret. Which is why our commit- Secretary Rumsfeld’s Pentagon but be- General Hayden was the architect of ment to the Constitution is more im- cause he was the Administration’s that plan, and to this day he clings to portant than ever. We can not protect principal spokesperson and defender of an unnecessarily expansive interpreta- the American people and ignore their an illegal domestic spying program. tion of Executive power. That is not Constitution when nobody’s looking. We are reminded again and again of what America needs in the next Direc- Support for the Constitution must be the administration’s determination to tor of the Central Intelligence Agency. more than lip service. We need a real keep the extent of their illegal domes- We take our civil rights very seri- commitment to put the Constitution tic spying program secret. All we have ously—and we should. It is our heritage first. The Framers gave Congress the to do is look at the news that the De- and our birthright—one generation’s responsibility for oversight over the partment of Justice abruptly ended an gift to the next, earned in the blood of President’s policies. We must be in- investigation into the conduct of De- Americans since our revolution. formed about significant intelligence partment lawyers who approved the The mistrust, the anger, the lack of activities, as the law requires, so we program—not because the approving confidence so many Americans feel can exercise our responsibility to pro- lawyers were cleared of wrongdoing but about this program is a reflection of tect the Constitution as we protect our because investigators were denied the our love of liberty. Regrettably, it is Nation from the threats we face. information to conduct the investiga- also the result of the way this adminis- I am very concerned about the inde- tion. tration has conducted itself: asserting pendence of the CIA. We need an inde- The question before us is not whether its right to act by executive branch pendent voice at the CIA, someone who we are committed to destroying terror- dictate because we are a nation at war. is willing to speak truth to power to ists and preventing terrorist attacks In one moment, the President of the whomever is President and also to the before they happen. We all are. In fact, United States says we are not listening congressional oversight committees. we can wage and win a far more effec- to domestic calls without a warrant; in The last few years have been difficult tive war on terror. No, the question is another, the Attorney General says he ones for the CIA, in part because Amer- whether we can restore checks and bal- can’t rule it out. ican people have lost confidence in its ances between the executive and legis- We are a nation at war with global leaders. The Agency has had too many lative branch and what can be done to jihaadists, a war that, as the Depart- ‘‘yes’’ men, too few independent voices. restore accountability for an adminis- ment of Defense calls it, will be a ‘‘long I asked General Hayden how he would tration that too often appears run by war.’’ Ad hoc and secret solutions to avoid another Powell, when our distin- people who hold themselves above the issues that demand a reasoned balance guished Secretary of State was sent to law. How many times will Government between security and the freedom of

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He is widely regarded as one take to support General Hayden’s nom- Finally, the President has nominated of the most qualified intelligence plan- ination. Gov. Dirk Kempthorne to serve as Sec- ners and managers among military or Mr. KENNEDY. Mr. President, I in- retary of the Department of the Inte- civilian intelligence professionals. tend to vote against General Hayden. rior. Governor Kempthorne has an im- Despite my vote in favor of his con- I respect General Hayden’s lifetime pressive career in public service, hav- firmation I remain deeply concerned of public service, and his testimony in- ing served as a United States Senator that recent revelations regarding do- cluded some encouraging signs that he representing the State of Idaho in this mestic intelligence collection by the learned important lessons from the body for 6 years. I am confident that National Security Agency may have way intelligence was used to defend the his career of public service and his violated our laws. In hearings before Iraq war. Western State perspective will help the Senate Select Committee on Intel- However, I cannot support General him be an effective and responsible ligence General Hayden often deferred Hayden’s nomination in light of the steward of our country’s public lands, questions about the program, the very serious questions about the scope waters, and other natural resources. President’s and Justice Department’s and legality of the NSA domestic sur- Unfortunately, a family obligation statements about the program, and his veillance programs that he helped de- prevents me from being present during own involvement in the NSA’s activity sign, implement, and defend. these votes. However, I support each of to closed sessions. My Intelligence Until there is a full accounting of the these nominees and, if present, would Committee colleagues pursued these surveillance program, I cannot in good vote to confirm them. I therefore ask questions and ultimately recommended conscience support a promotion for its that the record reflect my support for approval of the nomination on a bipar- chief architect. each of these nominations. tisan 12–3 vote. I still have many ques- We all want the administration to (At the request of Mr. REID, the fol- tions about this program and how it have strong leaders and the necessary lowing statement was ordered to be was conceived and operated, and I will means to gather the best possible intel- printed in the RECORD.) continue to seek answers to them. ligence for our foreign policy and na- ∑ Mrs. BOXER. Mr. President, had I However, General Hayden has suffi- tional security, especially the war on been present to vote on the nomination ciently demonstrated his objectivity, terrorism. of Gen. Michael Hayden to be Director independence and openness that I am Those critical goals require a Direc- of the Central Intelligence Agency, I comfortable with confirming his nomi- tor of Central Intelligence who will would have cast a vote of ‘‘no’’. nation. work with Congress—not against us—in I oppose General Hayden’s nomina- Given the threats our Nation faces our efforts to prevent terrorism and tion because of his role in the adminis- today and challenges that our intel- improve our national security laws. We tration’s program to conduct ligence system has had coping with must protect the country while pre- warrantless electronic surveillance on those threats, General Hayden should serving our constitutional freedoms. U.S. persons—a practice I believe is un- bring to this position much needed effi- Mr. THUNE. Mr. President, today the lawful under the Foreign Intelligence cient, effective and, most importantly, Senate will vote on confirmation of Surveillance Act. independent leadership and manage- three of President Bush’s nominations. During his nomination hearing before ment. That should be good for our in- Once again, the President has nomi- the Senate Intelligence Committee, telligence agencies and good for the nated experienced, well-qualified indi- General Hayden admitted to partici- Nation. viduals who deserve confirmation by pating in the design of the electronic Mr. JEFFORDS. Mr. President, I am the Senate. surveillance program during his tenure casting my vote today in favor of GEN The President has nominated Brett as director of the National Security Michael V. Hayden to be Director of Kavanaugh to serve as a judge on the Agency. And as the Principal Deputy Central Intelligence. General Hayden U.S. Court of Appeals for the DC Cir- Director of National Intelligence, Gen- has a strong background in intel- cuit. Mr. Kavanaugh has extensive ex- eral Hayden became the chief advocate ligence. He has spent his career in na- perience in the law, having formerly for the electronic surveillance pro- tional security and particularly intel- served as a law clerk to Supreme Court gram, even taking the unusual step of ligence, serving as Commander of the Justice Anthony Kennedy. He later appearing before the National Press Air Intelligence Agency and as Direc- served as Associate White House Coun- Club to defend the Administration’s tor of the National Security Agency. sel, where he worked on a wide variety program. General Hayden has served overseas in of legal and constitutional issues. Mr. We are all united in fighting ter- leadership positions with the U.S. Gov- Kavanaugh also practiced law as a rorism, but we can do it in a legal and ernment in South Korea and Bulgaria, partner in the Washington, DC, law constitutional way that gets the bad and is currently Principal Deputy Di- firm of Kirkland & Ellis, and most re- guys and protects our values and free- rector of National Intelligence, serving cently serves as Assistant to the Presi- doms. directly under Director of National In- dent and staff secretary at the White While I oppose the nomination of telligence, John Negroponte. General House. General Hayden because of the con- Hayden was straightforward in his an- Yesterday I voted in favor of the mo- troversy surrounding the electronic swers to tough questions during his tion to invoke cloture on Mr. surveillance program, I wish him the confirmation process, showing a clear Kavanaugh’s nomination, which now very best and hope that he will turn command of the issues of national se- allows the Senate to give him an up-or- out to be a strong and independent curity and the challenges facing the in- down vote. I am pleased that the Sen- leader at the CIA. telligence community. ate will now be allowed to vote on Mr. But I also hope that the Intelligence The confirmation process has also Kavanaugh’s nomination, and I hope Committees in the House and Senate brought to light General Hayden’s the Senate will continue to give fair will conduct careful and thorough over- leadership qualities. At this time of up-or-down votes to the other well- sight over General Hayden and the CIA change and realignment at the CIA, qualified judicial nominees the Presi- to ensure that the civil liberties of U.S. strong leaders are clearly needed. The dent forwards to the Senate. citizens are protected.∑ agency has had a difficult time adapt- The President has also nominated Mr. NELSON of Florida. Mr. Presi- ing to the changes in the intelligence GEN Michael Hayden as Director of the dent, today I voted to confirm the community structure and has suffered Central Intelligence Agency. General nomination of General Michael Hayden a decline in morale and sense of mis- Hayden is a career Air Force officer to be Director of the Central Intel- sion. By all accounts, General Hayden

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will bring a welcome change at the top, cused on new threats and national se- tees 41⁄2 years ago, as is required by hopefully infusing the agency with a curity issues such as countering ter- law. Yet General Hayden expressed no new sense of direction and relevance rorism, preventing countries such as doubts or concerns about the legality that is badly needed. Iran and North Korea from obtaining of the program or the administration’s I remain very concerned, however, nuclear weapons, and protecting Amer- failure to inform Congress. that the wiretapping activities of the ica’s interests in Asia, Latin America, It is not sufficient for General Hay- NSA have been insufficiently inves- and elsewhere. den to say that the lawyers told him it tigated. General Hayden insisted in his General Hayden will face challenges was okay. He has an independent obli- confirmation hearings that he was as he continues this transformation to gation to abide by the law. No one can given unequivocal legal advice each ensure that the CIA continues to be the force him to break the law—not the step of the way. I do not doubt that world class organization it must be to lawyers and not the President. Nor this is true, but I believe that signifi- address these threats. This means con- were the legal issues especially com- cant and compelling questions still re- tinuing efforts to replace the old, risk plex or beyond the understanding of a main about the validity of the legal adverse system that was not positioned very intelligent and experienced intel- foundation for the wiretapping pro- to address the threats we are facing ligence professional. For years, General grams. I have yet to be convinced that now and may face in the future. It also Hayden had been conducting surveil- these activities are legal. Even if they means ensuring the Agency does not lance in compliance with the FISA law. are found to be legal, I question wheth- reverse course by infusing ideas that For years, the NSA had been notifying er we really want our Government to previously opposed change, informa- the congressional intelligence commit- be engaged in these activities. tion sharing, or oversight. tees about its programs. Then, one day, But the debate on the NSA activities Throughout his career, General Hay- everything changes. FISA no longer ap- is far larger than just General Hayden. den has proven his management and plies—and, by the way, don’t tell Con- This debate must go on in depth and leadership abilities. He will provide the gress. We know from General Hayden’s focus on the legal and policy issues at enthusiastic and dedicated officers at testimony in 2002 that he understands stake, not on the personalities of those CIA the ‘‘top cover’’ necessary for the importance of the legal protections involved. them to undertake the innovative ap- that FISA provides regarding surveil- We need to get the CIA back onto its proaches to intelligence gathering that lance of U.S. persons. His decision that feet and functioning properly. I believe is required to penetrate the hard tar- it was OK to secretly bypass those pro- that General Hayden is capable of gets of today, and I am confident he tections is inexcusable. The Congress must stand up for the doing that. I trust he will put his con- will be able to keep the CIA moving on law and for our constitutional system siderable skills to work in earnest on the right course. of checks and balances. I believe that this task, as its success is critical to Finally, General Hayden will head an the President must be held accountable our national security. organization that is responsible for for breaking the law and for insisting Mr. CHAMBLISS. Mr. President, the managing our national human intel- that he can continue to do so. I am men and women at the CIA today rep- ligence effort. His military experience deeply concerned that, unless this body resent the best intelligence profes- combined with his experience as the speaks, it will be seen by history as sionals in the world, and they deserve Principal Deputy Director of National having consented to this illegal action. the best leadership and support. I have Intelligence will serve him well as he But those who carried out and de- known General Hayden for some time, integrates the human intelligence ef- fended this program also have some re- and I am convinced that he is the right forts of the Department of Defense, the sponsibility. We know, from Attorney person for this job. FBI, and others into the National Clan- General Gonzales’ testimony to the Ju- My initial concern regarding a mili- destine Service, recognizing the re- diciary Committee, that this adminis- tary officer directing the world’s most quirements and capabilities of those tration acknowledges virtually no lim- sophisticated civilian intelligence organizations as he establishes com- its to its authority. Under the theories agency have been addressed by General mon standards designed to further put forward by the administration’s Hayden in private conversation as well strengthen our country’s intelligence lawyers, whenever national security is as at the public hearing. The role and capabilities. supposedly at stake, no laws are bind- mission of the intelligence community I believe General Hayden is a quali- ing and Congress is merely an incon- at the Department of Defense where fied and dedicated person to lead the venience. These assertions are contrary General Hayden has been for over 30 CIA at this critical juncture, and I look to our constitutional system and they years is different from the role and forward to working closely with him as are dangerous. And they cannot serve mission of the CIA. General Hayden the Director of the CIA. as an excuse for experienced leaders has convinced me that he can make the Mr. FEINGOLD. Mr. President, I will like General Hayden who know better. transition from the military side to the vote against the nomination of Michael My decision to vote against General civilian side of the intelligence com- Hayden to be Director of the CIA be- Hayden is not simply about responsi- munity while continuing to move the cause I am not convinced that the bility for past conduct, although that CIA in a positive direction of change nominee respects the rule of law and is important. I will vote against this and transition. Congress’s oversight responsibilities. nominee because, given his recent ac- General Hayden has been instru- General Hayden is highly experienced tions and his less than reassuring testi- mental in building our intelligence ca- and talented. And some of his testi- mony, I am not convinced that he will pabilities to meet the challenges of the mony before the Intelligence Com- abide by the laws relevant to the posi- 21st century. Even before becoming the mittee, including his acknowledgment tion of the Director of the CIA. When I Principal Deputy Director of National that the intelligence process was ma- asked General Hayden about legally Intelligence, General Hayden has dem- nipulated in the lead-up to the war in binding restrictions on the authorities onstrated his willingness to express his Iraq, was encouraging. of the CIA, such as those prohibiting opinion and speak his mind. His credi- It was therefore particularly dis- the CIA from engaging in domestic se- bility and integrity are second to none. appointing that General Hayden failed curity, he spoke about Presidential au- He brings all these traits to his posi- to dispel serious concerns about his di- thority and consultations with Govern- tion as the Director of the Central In- rection and defense of a program to il- ment lawyers. That was also his re- telligence Agency. legally wiretap Americans on Amer- sponse to questions about illegal He also brings with him the experi- ican soil without the required war- warrantless wiretapping as well. We ence of leading an organization in rants. Having finally been briefed know what this administration’s law- transformation when he was at the Na- about this program last week, I am yers have to say about following the tional Security Agency. Today the CIA more convinced than ever that this law, and General Hayden provided no is in transformation to position itself program is illegal. I am equally con- reassurance that he will see things any from the preeminent intelligence orga- vinced that there is no reason that this differently. nization during the Cold War to becom- program could not have been briefed to General Hayden’s conduct and testi- ing an intelligence organization fo- the congressional intelligence commit- mony also raise serious questions

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.013 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5315 about his willingness to respect con- Agency. I support General Hayden’s independence now than we did then. gressional oversight. He was complicit confirmation. He is the right person to The Government, both the executive in the administration’s failure to in- lead the CIA out of a period of turmoil branch and the Congress, must have in- form the full congressional intelligence and controversy. telligence that is timely, objective, and committees about the warrantless sur- Without question General Hayden independent of political considerations. veillance program, even though this has the necessary credentials. He is a This is not just a goal; it is the stand- notification is required by law. In his career Air Force intelligence officer ard set in law. testimony, he repeatedly failed to ex- who led the National Security Agency Unfortunately, over the past few plain or criticize the administration’s for longer than anyone in the history years we have witnessed a pattern of failure to inform the full committees of that agency. When he took over the cynical manipulation of intelligence about the program. As Director of the NSA it was no longer at the cutting for political purposes. This CIA, General Hayden would have a le- edge of information technology as it politicization has damaged the credi- gally binding duty to keep the congres- had been during the Cold War. Not ev- bility of the intelligence community sional intelligence committees in- erything he tried worked but he led the and undermined America’s efforts to formed of CIA activities. If General agency’s turnaround. We no longer deal with critical national security Hayden does not acknowledge this worry, as we did in 1999, that the NSA challenges. General Hayden must take duty, we cannot be assured that the is on the verge of going deaf. steps to assert his and the CIA’s inde- Congress will be kept fully and cur- General Hayden left the NSA a year pendence. rently informed, as is required by law. ago to become the Principal Deputy Di- The situation in the period prior to Finally, I remain concerned about rector of National Intelligence—the the Iraq war must never be repeated. previous misleading testimony by Gen- number two job in the new organiza- Administration officials accepted with- eral Hayden regarding warrantless sur- tion created by Congress to modernize out question any nugget of intel- veillance and his explanation for that the intelligence community. He has ligence, no matter how poorly sourced, testimony. In 2002, he told a joint con- helped Director John Negroponte start if it supported the decision to go to war gressional committee that, under the process of building a cohesive com- with Iraq. In areas where the intel- FISA, persons inside the United States munity from the 16 disparate intel- ligence did not support the administra- ‘‘would have protections as what the ligence agencies. Now he will have a tion’s preconceived view, such as al- law defines as a U.S. person and I chance to continue working on that in- leged Iraqi ties to al-Qaida and the 9/11 would have no authorities to pursue tegration as the Director of the agency attacks, the administration badgered it.’’ In fact, the President had already that is the lynchpin for U.S. intel- the intelligence community to find a authorized the NSA to bypass those ligence, the CIA. link, ignored the intelligence that While his qualifications are obvious, legal protections. General Hayden’s ex- showed there was none, and set up a General Hayden’s selection is not with- planation for this statement, that he rogue intelligence operation at the De- out controversy. As Director of the was speaking in open session at the fense Department to aggressively push NSA he designed and implemented a time and had earlier given a fuller the alleged connection. warrantless surveillance program, au- briefing to the committee in closed ses- But perhaps the most blatant abuse sion, does not justify a public mis- thorized by the President, to intercept communications inside the United of the intelligence process was and con- leading statement. tinues to be the leaking and selective Our country needs a CIA Director States. The goal of this program is to declassification of intelligence infor- who is committed to fighting terrorism find terrorists, something every Mem- mation to support particular policy aggressively without breaking the law ber of this body supports. But the pro- goals. Many of my colleagues have de- or infringing on the rights of Ameri- gram’s questionable legal under- cried the unauthorized disclosures that cans. General Hayden’s role in imple- pinnings and the decision to keep it regularly appear in the press. I join menting and publicly defending the hidden from most Members of Congress them in condemning these damaging warrantless surveillance program does have raised questions about General leaks. But it is important to under- not give me confidence that he is capa- Hayden’s judgment and independence. stand that most disclosures of intel- ble of fulfilling this important respon- I wrote Director Negroponte in Feb- ligence information are generated by sibility. ruary expressing my view that General The stakes are high. Al-Qaida and its Hayden’s role in the public defense of executive branch officials pushing a affiliates seek to destroy us. We must the NSA program was inappropriate for particular policy, and not by the rank- fight back and we must join this fight an intelligence official. I reiterated and-file employees of the intelligence together, as a nation. But when admin- that concern directly to General Hay- agencies. This has been the pattern of istration officials ignore the law and den in a letter to him prior to his con- the current administration, particu- ignore the other branches of Govern- firmation hearing last week. Officials larly related to Iraq. ment, it distracts us from fighting our of the intelligence community must Based on his past performance I am enemies. avoid even the appearance of sure that General Hayden will stand up I am disappointed that the President politicization. to blatant attempts to influence intel- decided to make such a controversial General Hayden addressed this issue ligence judgments. I also believe he has nomination at this time. In keeping in his hearing and responded privately the character to speak out when he be- with Senate historical practices, I to my letter. After carefully consid- lieves the intelligence process is being defer to Presidents in considering ering his answers and his response, I misused by senior policymakers. nominations to positions in the execu- am convinced that he believes the NSA General Hayden also will need to re- tive branch. I do not believe it is the program is legal. I also believe his pub- gain the trust of the Congress. The ad- role of the Senate to reject nominees lic appearances were in large part his ministration’s repeated refusal to simply because they share the ideology effort to defend the men and women of allow effective oversight of some of the of the person who nominated them. But the NSA. I still believe his participa- most important intelligence programs we should not confirm a nominee for tion in the White House public rela- has endangered critical intelligence ca- this position of great responsibility tions campaign was inappropriate, but pabilities and alienated the Intel- when his conduct and testimony raise I believe his explanation is sincere. ligence Committees when their support such troubling questions about his ad- I raise this issue because it gets to is most needed. Signals intelligence herence to the rule of law. the heart of what I think will be Gen- and intelligence obtained from detain- (At the request of Mr. LEVIN, the fol- eral Hayden’s challenge at the CIA—re- ees are critical elements of our efforts lowing statement was ordered to be building the agency’s credibility and to detect and stop terrorists. But the printed in the RECORD.) reestablishing its independence. The administration’s ill-advised attempts ∑ Mr. ROCKEFELLER. Mr. President, CIA was established in 1947 to be an to shield these programs from over- the Senate today considers the nomi- independent source of intelligence for sight have created suspicion and under- nation of GEN Michael Hayden to be the President and other senior policy- mined public support for our Director of the Central Intelligence makers. We have no less a need for that counterterrorism efforts. Sustaining

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.015 S26MYPT1 ycherry on PROD1PC64 with SENATE S5316 CONGRESSIONAL RECORD — SENATE May 26, 2006 these kinds of intelligence programs For instance, General Hayden is per- General Hayden served 6 years as the over the long term requires the Con- haps the only high-level official who Director of the National Security gress to be a full partner from the be- has criticized the Department of De- Agency, the largest intelligence agency ginning. Our mutual goal should be to fense policy office of Douglas Feith. in the intelligence community. ensure that critical intelligence pro- That office, before the war began, un- He ably led a transformation from a grams receive the attention and sup- dertook to use a direct pipeline to the Cold War institution to a key compo- port they need to be effective. White House for distorted intelligence nent of our Nation’s counterterrorism Some have questioned the wisdom of assessments, bypassing mechanisms in efforts. a military officer serving in this posi- place which are intended to produce Additionally, he served as Principal tion. While I want to make sure that balanced, objective assessments. Deputy Director of National Intel- General Hayden is outside of the mili- General Hayden has done more than ligence under Ambassador Negroponte tary chain of command, I am convinced speak openly of his concerns about the for the past year. that General Hayden’s military experi- Feith operation. He acted upon them In this role, he oversaw the day-to- ence will enable him to successfully by placing a cautionary disclaimer on day operations of the Office of the DNI, manage the important and sometimes the reporting of his agency relative to and many of the DNI’s accomplish- difficult relationship between the CIA the links that Feith and others were ments to date can be directly attrib- and the Department of Defense. As CIA trying to create between Saddam Hus- uted to General Hayden’s service. Director he also will be the national sein and al-Qaida, so that his agency’s Third, I am pleased that General manager of human intelligence collec- reports could be misused for that pur- Hayden made a commitment to me to tion activities across all agencies, in- pose. appoint experienced intelligence pro- cluding the Defense Department. This Again, speaking truth to power, Gen- fessionals to serve on his direct staff function is essential to ensuring effec- eral Hayden showed independence when and in senior positions across the agen- tive coordination of our sensitive intel- he stood up against the positions being cy. ligence operations overseas. We cannot urged by Secretary of Defense Donald I also support the administration’s afford the creation of redundant capa- Rumsfeld during the recent reforms of intention to name Stephen Kappes as bilities or any confusion as to who is in the intelligence community. the Deputy Director of the CIA. charge of these delicate operations. As to the surveillance activities of Mr. Kappes brings a wealth of experi- General Hayden will take over the the National Security Agency, which ence in the clandestine service to the helm of the CIA at a time of rapid ex- General Hayden formerly led, many of agency’s senior leadership. pansion of the workforce and following us have concerns. But those concerns Perhaps more importantly, his re- a period of dramatic decline in em- as to the legality and as to the decision turn to the agency has already gone a ployee morale. Under his predecessor’s to implement the alleged collection of long way to assure operators that they tenure the CIA lost many of its most phone numbers called by millions of are well represented in management experienced and talented officers. He Americans should be placed at the and that their concerns will be met. will need to move quickly to convince doorstep of the Attorney General and General Hayden will come to the the current workforce that the days of the White House. agency at a time of major personnel political litmus tests are over and ex- I am one of those being briefed on the problems. program, and I have a number of con- perienced professionals will be in But he has already taken steps to charge rather than political cronies. cerns. But my concerns are with the le- move the agency beyond the problems I cannot overstate the importance of gality and privacy intrusions and effec- of the past and that is good news. the job General Hayden is undertaking. tiveness of the program authorized by There is no question that the con- The CIA and our other intelligence the President, and given the legal im- cerns that have been raised about Gen- agencies are the front line of our de- primatur of the Attorney General. I eral Hayden are legitimate and impor- fense. The CIA must find better ways know of no evidence that General Hay- tant. to penetrate targets such as Iran and den acted beyond the program’s guide- Before my meeting with General North Korea while continuing to adapt lines as set up by the President and the Hayden and his appearance at the con- to the ever changing tactics of the Attorney General. international terrorist movement. I will vote for General Hayden’s con- firmation hearings, I was concerned The Senate Intelligence Committee’s firmation. that he will not be sufficiently inde- 2004 review of Iraq intelligence exposed Mrs. FEINSTEIN. Mr. President, I pendent of the Department of Defense. some glaring problems in the collec- rise in support of the nomination of On this point, I have been reassured. tion and analysis of intelligence. The GEN Michael Hayden to be the next Di- General Hayden has shown his inde- CIA has been undergoing its own inter- rector of the CIA. pendence in the past, and has com- nal review and has begun integrating I support his confirmation first be- mitted that if he finds his uniform to the lessons it has learned. It will be cause I think General Hayden’s vision be a hindrance in any way, he will General Hayden’s job to see that the for the future of the CIA is right on ‘‘take it off.’’ CIA embraces the reforms needed to point. Similarly, the Intelligence Com- deal with the challenges of the 21st He has pledged to make the collec- mittee will need to pay close attention century. I am confident he is the right tion of human intelligence a top pri- to intelligence activities of the Depart- person for the task.∑ ority—a necessary move in under- ment of Defense, especially in the area Mr. LEVIN. Mr. President, the CIA standing our Nation’s enemies and the of human intelligence. must at all costs avoid a repeat of the threats we face. I have concerns that the Pentagon is pre-Iraq war intelligence fiasco, when At the same time, General Hayden going too far in this area, and I want to CIA Director Tenet said the case for understands the failures of analysis make sure that the CIA remains the weapons of mass destruction in Iraq prior to the Iraq war and is committed leader and primary provider of this was a ‘‘slam dunk,’’ and then proceeded to making major changes. type of intelligence collection. to distort and exaggerate underlying Only time will tell, but I am hopeful My greatest concern about General intelligence in order to support the ad- that General Hayden has what it takes Hayden is that he was not more forth- ministration’s Iraq policy. The CIA to put the agency on the right path coming in his answers during the open needs an independent Director who will after recent collection and analytic confirmation hearing. speak truth to power and provide ob- failures. Many members asked important jective assessments of a professional Secondly, I think General Hayden questions on the NSA domestic surveil- intelligence community, and not try to brings with him the overarching view lance program and on detention, inter- please policymakers by telling them of the entire intelligence community rogation and rendition policies. what they want to hear. needed to carry out the vision and In my view, the public deserved more General Hayden not only promises to transition the CIA to deal with the new forthcoming answers than those pro- be independent and objective, General asymmetric threat posed by the ter- vided by General Hayden. Hayden has proven he has the back- rorist world. I think this is critically For example, I felt that General Hay- bone to do so. important at this time. den should have stated clearly, in full

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.020 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5317 public view, whether he believes that matters that is as impressive as it is stand up to an administration that has certain interrogation techniques con- long. Anyone can read the public either attempted to bully the intel- stitute torture. He could say yes or no record and quickly see that this man is ligence community into saying what it without disclosing sources and meth- more than qualified for this job. wanted or worked around it when it ods. And my personal meeting with Gen- couldn’t get the answers it needed. It is my hope that General Hayden eral Hayden shortly after he was nomi- General Hayden must provide assur- will be more forthcoming once he is nated only served to reinforce that im- ances to Congress that intelligence as- confirmed as Director of the CIA. pression. I met with him privately— sessments, and professional intel- The challenge ahead of General Hay- one on one—in my office just off this ligence civil servants, will be protected den is daunting, but it is absolutely floor, for more than 45 minutes. from outside interference, not politi- critical to our nation’s security that he During the course of that meeting, cized. succeed. we discussed General Hayden’s career The second challenge is openness to I believe General Hayden is the sound in the Air Force from 1969 until today oversight. intelligence professional the CIA needs and his dedicated service to America’s This administration has refused to to regain its footing as the world’s pre- intelligence community that ulti- follow the law and Senate rules that mier spy service and the hub of our na- mately earned him a fourth star. require keeping the intelligence com- tion’s intelligence analysis and re- My meeting convinced me that Gen- mittees fully and currently informed of search and development capabilities. eral Hayden understands and respects important intelligence practices. Ad- I look forward to working with him the role of Congress in national secu- ministration ideologues have appar- to protect the American people. rity matters. He seems to grasp how es- ently authorized detention and interro- Mr. LEAHY. Mr. President, in several sential it is that he consult regularly gation practices that have backfired in crucial respects, the CIA today is in with the congressional leadership on our efforts in the war on terror, and disarray, and fixing our premier intel- these critical issues. And he seems to concocted controversial legal argu- ligence agency must be a top priority. recognize the need to keep the congres- ments for presidential powers backing The CIA must become as effective as sional oversight committees fully in- a warrantless surveillance program we need it to be in combating ter- formed about the intelligence commu- that circumvents the law—all without rorism and in serving all of our na- keeping Congress properly informed as tional security interests. The keys to a nity’s activities. All of these are important because we strong and competent CIA are the inde- required under the law. General Hay- are a nation at war and actions by the pendence and proficiency of its leader- den must ensure that Congress is able Bush administration have left our in- ship. to carry out its constitutional obliga- I had a lengthy private discussion telligence community—this Nation’s tions on critical national security mat- with General Hayden in deciding how I eyes and ears on those who mean us ters. would vote on his confirmation. Our harm in disarray. The third challenge is fixing our discussion confirmed the confidence As a direct result of this administra- strategy in the war on terror. that I have long had in General Hay- tion’s actions, the Central Intelligence After more than 4 years of the war on den’s professionalism and competence. Agency and those it placed under con- terror, Osama bin Laden remains at I remain outraged about the controver- tract have been directly implicated in large and al-Qaida and other radical sial domestic surveillance initiatives numerous instances of abuse of detain- fundamentalist terrorist organizations that the NSA has overseen at the ees that have given this nation a black pose a grave threat to our security. White House’s direction, but the fact eye around the world and been counter- Terrorist attacks have increased not remains that President Bush and Vice productive to winning the fight against decreased on this administration’s President CHENEY—not General Hay- terrorism. watch. Two of the three so-called axes den—were the ‘‘deciders’’ in ordering The findings of our intelligence com- of evil are more dangerous today than this surveillance of Americans, with munity are increasingly questioned by they were when President Bush first then-White House Counsel Gonzales the American people and the world. uttered that memorable phrase and the acting in his capacity to validate a pro- And scores of incredibly talented and third, Iraq, is on the verge of becoming gram that was structured and operated experienced career intelligence profes- what it was not before the war—a outside the checks and balances of ex- sionals have been driven from their haven and launching pad for inter- isting law. jobs because they insisted on speaking national terrorists. And America’s The CIA right now is in desperate the truth rather than tow the Adminis- standing in the world has reached need of professionalism after the deba- tration’s line. record lows in critical regions of the cle of the Agency’s outgoing leader- Things apparently got so out of hand world. ship, and my discussions with General at CIA in recent months that the Presi- In the short run, General Hayden Hayden have led me to conclude that dent’s intelligence advisory board fi- must insist that the Bush administra- he has the competence, the experience, nally had to intervene and recommend tion redouble and refocus its efforts and the independence to serve capably change. that go after ‘‘high value targets’’. It is in helping to repair the damage that All of these developments have a travesty—a travesty—that nearly 5 has been done to the Agency. I will harmed national security and placed years after 9/11, the Bush administra- vote for his confirmation. Americans at greater risk. And it is tion has not captured or killed Osama Mr. REID. Mr. President, I rise in against this difficult backdrop that the bin Laden. The CIA must lead efforts support of the nomination of General Senate debates the nomination of Gen- to understand the challenge posed by Hayden as the new Director of the Cen- eral Hayden. As Senator LEVIN said in Iran and North Korea and their nuclear tral Intelligence Agency. Based on my the confirmation hearings, ‘‘The next ambitions. review of his long record as a career in- Director must right this ship and re- General Hayden must also build a telligence man and his answers to some store the CIA to its critically impor- global human intelligence capability important questions during his con- tant position.’’ over the next several years with di- firmation hearing, I am hopeful Gen- I want to briefly lay out the three verse officers who understand the cul- eral Hayden will provide the CIA the major challenges that I believe General tures and speak the languages of every kind of non-partisan leadership it has Hayden faces in ensuring that he key target across the entire globe. The sorely lacked for the past several achieves the success the Senate expects CIA must play a leading role in under- years. of his tenure. standing how to help win the battle of And I am also hopeful that this nomi- The first challenge is independence. ideas going on within the Islamic nation signifies that the Bush adminis- General Hayden needs to speak truth world, and how to change the calculus tration has recognized, finally, that to power and call the shots as he sees of the young so that new generations of professionals, not partisans should be them, not as he thinks his boss wants terrorists are not created. put in charge of national security. them seen. Rebuilding the independ- These are all large and important General Hayden has impeccable cre- ence of intelligence also means ending challenges, with grave consequences dentials and a career in intelligence its politicization. General Hayden must for America and the world. Based on

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.012 S26MYPT1 ycherry on PROD1PC64 with SENATE S5318 CONGRESSIONAL RECORD — SENATE May 26, 2006 everything I have seen I am hopeful he nation of General Michael V. Hayden If he was just following orders, these is up to the task. And I am hopeful this to be Director of the Central Intel- circumstances raise serious questions administration will let him do the job ligence Agency. I regret that I was not about his ability to exercise independ- for which it nominated him. able to vote to confirm his nomination ence as Director of the CIA. If, as is The PRESIDING OFFICER. The at this time, and I would like to take widely believed, he was the driving question is, Will the Senate advise and a few minutes to explain my vote. force behind the NSA’s wiretapping consent to the nomination of General As my colleagues may know, I voted program, then I question his ability to Michael V. Hayden, United States Air to confirm General Hayden when he balance the important need to defend Force, to be Director of the Central In- was nominated to be the Deputy Direc- our Nation from threats with the telligence Agency? tor of National Intelligence, DNI. I equally important need to protect con- Mr. LEAHY. Mr. President, I ask for stand by that vote for two reasons. stitutional rights of all Americans. First, General Hayden is obviously the yeas and nays. I frankly think it is a shame that qualified on paper to fill the position. The PRESIDING OFFICER. Is there a Congress didn’t take a few more days, Second, he was serving as Deputy to sufficient second? or even a couple of weeks, to more the current DNI, John Negroponte. So There is a sufficient second. deeply probe these fundamental issues there was a clear line of authority. of security and liberty. Indeed, if this The clerk will call the roll. But today when the Senate voted on The legislative clerk called the roll. his nomination to be Director of the body had taken sufficient steps to get Mr. MCCONNELL. The following Sen- CIA, these two circumstances were sig- answers about the NSA’s wiretapping ators were necessarily absent: the Sen- nificantly different. First, issues like program, and if General Hayden had ator from North Carolina (Mrs. DOLE) the potentially illegal wiretapping of considered leaving his role as an active and the Senator from South Dakota American citizens’ phone lines by the military officer during his tenure as (Mr. THUNE). National Security Agency—a program CIA Director, then it is possible that Further, if present and voting, the which General Hayden reportedly de- the concerns I mentioned might have Senator from North Carolina (Mrs. signed and ran—have come to light. been alleviated. DOLE) and the Senator from South Da- And second, he will no longer be serv- I also regret the fact, however, that kota (Mr. THUNE) would have voted ing as a deputy but as head of one of President Bush didn’t pick somebody ‘‘yea.’’ our Nation’s premier intelligence agen- who was equally qualified but not tied Mr. DURBIN. I announce that the cies—yet he is not resigning his com- in to controversial programs such as Senator from California (Mrs. BOXER), mission as a uniformed officer. That collecting telephone information and the Senator from North Dakota (Mr. raises the question of whether and to listening in to conversations between CONRAD), the Senator from Hawaii (Mr. what degree he will be independent American citizens. Because in this INOUYE), the Senator from West Vir- from decisions made at the Pentagon. time of difficulty for the CIA, we don’t ginia (Mr. ROCKEFELLER), and the Sen- Some of my colleagues have insisted just need someone who is qualified, we ator from Colorado (Mr. SALAZAR) are that Secretary of Defense Donald also need someone who is credible. necessarily absent. Rumsfeld will no longer be in the chain While the extent of General Hayden’s The PRESIDING OFFICER. Are there of command overseeing General Hay- involvement in these activities is as any other Senators in the Chamber de- den in his position at the CIA. Cer- yet unclear, I am concerned that his siring to vote? tainly, there is precedent for uniformed role could potentially undermine his The result was announced—yeas 78, officers serving as head of the CIA. ability to carry out his duties as head nays 15, as follows: However, when we look at this prece- of the CIA. [Rollcall Vote No. 160 Ex.] dent we also have to realize that cir- Mr. President, despite some opposi- cumstances have changed. A not insig- YEAS—78 tion, General Hayden was confirmed nificant part of the reason that we in- earlier this morning by the Senate. At Akaka Domenici McCain vaded Iraq is because our Nation’s in- Alexander Ensign McConnell this juncture, I can only hope that he Allard Enzi Mikulski telligence was politicized, and because proves my concerns to be unfounded. I Allen Feinstein Murkowski intelligence activities were manipu- wish him only the best in pursuing a Baucus Frist Murray lated to justify a predetermined con- Bennett Graham Nelson (FL) goal that I know we all share—the safe- Biden Grassley Nelson (NE) clusion—that Iraq had weapons of mass ty and well-being of American citizens Bingaman Gregg Pryor destruction. in this time of war. Bond Hagel Reed Much of this intelligence manipula- Brownback Hatch Reid tion was performed by intelligence bu- The PRESIDING OFFICER. The Bunning Hutchison Roberts President will be immediately notified. Burns Inhofe Santorum reaus within the Pentagon, under the Burr Isakson Sarbanes supervision of Secretary Rumsfeld, who The majority leader is recognized. Byrd Jeffords Schumer has been steadily expanding the Penta- Mr. FRIST. Mr. President, I know Carper Johnson Sessions Chafee Kohl Shelby gon’s role in U.S. intelligence activi- Senator NELSON will have 2 minutes of Chambliss Kyl Smith ties. It would seem to this Senator that remarks to make; 30 seconds for me. Coburn Landrieu Snowe given Secretary Rumsfeld’s track The next vote will be our last. We an- Cochran Lautenberg Stabenow Coleman Leahy Stevens record, concentrating intelligence in ticipate a voice vote on the confirma- Collins Levin Sununu his hands would be unwise to say the tion of Dirk Kempthorne after cloture Cornyn Lieberman Talent least. is invoked. We are working on agree- Craig Lincoln Thomas The truth is that we don’t really Crapo Lott Vitter ment for when we return. I expect the DeMint Lugar Voinovich know how much independence General next votes to occur on the morning of DeWine Martinez Warner Hayden will show with respect to the Tuesday, June 6. Secretary of Defense. After all, he is a NAYS—15 100 HOURS OF SERVICE AS PRESIDING OFFICER military officer, with an active com- Bayh Dorgan Kerry Two quick congratulations: On behalf Cantwell Durbin Menendez mission. And the record is mixed with Clinton Feingold Obama respect to predicting how the cards will of the entire Senate, I congratulate Dayton Harkin Specter fall. On one hand, there are reports two Senators for their presiding serv- Dodd Kennedy Wyden that he stood up to Secretary Rumsfeld ice. Earlier this week, Senator VITTER NOT VOTING—7 and other political appointees in the reached the 100-hour mark and will re- Boxer Inouye Thune President’s Cabinet on certain occa- ceive the Golden Gavel Award; and Conrad Rockefeller sions. On the other hand, he reportedly later this morning, Senator ISAKSON Dole Salazar designed and strongly supported a pro- will get his 100th hour of service. We The nomination was confirmed. gram to wiretap the homes of Amer- thank them both for their efforts in Mr. DODD. Mr. President, I would ican citizens, whose legality is in ques- the Chair. like to say a few words about the nomi- tion. (Applause, Members rising.)

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