S5876 — SENATE May 25, 2005 DeMint Inhofe Shelby that we will have an early time in the perspectives on managerial conduct, DeWine Isakson Smith morning to come to work and we do their philosophy on how much latitude Dole Kyl Snowe Domenici Landrieu Specter not spend all the morning on morning a President should have in nominating Ensign Lott Sununu business. subordinates, and many other factors. Enzi Lugar Talent Mr. FRIST. Madam President, calling On top of these different perspec- Frist Martinez Thomas upon my earlier cardiac surgical days, tives, allegations were raised about Graham McCain Thune Grassley McConnell we will start as early in the morning as Secretary Bolton that led to an ex- Vitter Gregg Murkowski panded inquiry. Republicans and Demo- Voinovich the Democratic leader would like. Hagel Roberts Warner In all seriousness, we will agree upon crats differed on some procedural as- Hatch Santorum pects related to this inquiry, as well as Hutchison Sessions a time in the morning so that we will have plenty of time. on the relevance of some allegations NAYS—43 Mr. REID. I also say if, in fact, there and documents. Despite these sub- Akaka Durbin Murray is more time needed tonight, would the stantive disagreements, we were able Baucus Feingold Nelson (FL) distinguished leader allow Members to to work together in an effort that rep- Bayh Feinstein Nelson (NE) resents one of the most intense and Biden Harkin Obama move past 6:30 tonight on debate. Bingaman Jeffords Pryor Mr. FRIST. Madam President, we most far-reaching examinations of a Boxer Johnson Reed would be happy to. nominee in my experience. Cantwell Kennedy Reid The PRESIDING OFFICER. Without The Foreign Relations Committee Carper Kerry Rockefeller Chafee Kohl has interviewed 29 witnesses, producing Salazar objection, it is so ordered. Clinton Lautenberg approximately 1,000 pages of tran- Sarbanes The clerk will report the nomination. Conrad Leahy Schumer The assistant legislative clerk read scripts. We have received and reviewed Corzine Levin more than 830 pages of documents from Dayton Lieberman Stabenow the nomination of John Robert Bolton, Dodd Lincoln Wyden of Maryland, to be the Representative the State Department, from USAID, Dorgan Mikulski of the of America to the and the CIA regarding the Bolton nom- ination. We have questioned Secretary PRESENT AND GIVING A LIVE PAIR, AS , with the rank and sta- PREVIOUSLY RECORDED tus of Ambassador Extraordinary and Bolton in person for 7 hours, and we have received responses to nearly 100 Mr. Stevens, for Plenipotentiary, and the Representa- questions for the record, many con- NOT VOTING—1 tive of the United States of America in the Security Council of the United Na- taining numerous subparts. The depth Inouye tions. and breadth of the 11-week inquiry is The nomination was confirmed. The PRESIDING OFFICER (Mr. particularly notable, given that Sec- retary Bolton has been confirmed 4 The PRESIDING OFFICER. The COLEMAN). The Senator from . President will be notified of the Sen- Mr. LUGAR. Mr. President, the Sen- times by the Senate already and that ate’s action. ate meets today to debate the nomina- most of us have had personal experi- Mr. FRIST. I move to reconsider the tion of to be U.S. Ambas- ences with him. I thank both Democrat and Repub- vote and I move to lay that motion on sador to the United Nations. In this ca- lican members of our Foreign Rela- the table. pacity, he would play an important tions Committee for their patience and The motion to lay on the table was role in securing greater international their perseverance throughout this agreed to. support for the national security and process. Although we disagree in our foreign policy objectives of the United f conclusions, we share the view that the States. It is my judgment that Sec- NOMINATION OF JOHN ROBERT committee must work together even retary Bolton should be confirmed as when we have different perspectives. BOLTON TO BE THE REPRESENT- U.S. Ambassador to the United Na- ATIVE OF THE UNITED STATES We also agreed that the nomination tions. has provided an opportunity for debate OF AMERICA TO THE UNITED In recent years, the Foreign Rela- NATIONS on larger issues related to the conduct tions Committee has made a special ef- of U.S. foreign policy. Mr. FRIST. Madam President, I ask fort to work in a bipartisan manner. At the core of any nomination proc- unanimous consent that the Senate For 3 straight years, we have reported ess is the question of whether the now proceed to the consideration of Ex- out authorization bills nominee is qualified to undertake the ecutive Calendar No. 103, the nomina- by unanimous votes. During the last task for which he or she is nominated. tion of John Bolton, to be U.N. ambas- Congress, we met 247 times, which was I have no doubt Secretary Bolton is ex- sador; provided further that the debate 50 percent more frequently than any tremely well qualified. He has just up to 6:30 this evening be equally di- other committee in the Senate. In al- served 4 years in a key under secretary vided between the chairman and rank- most every case, the subject of the position that technically outranks the ing member; I further ask that if a clo- meeting and the selection of witnesses post for which he is being nominated. ture motion is filed on the nomination, enjoyed bipartisan support. He has succeeded in several high-pro- notwithstanding the provisions of rule We have undertaken the cooperative file negotiation settings. He was the XXII, that vote occur at 6 p.m. on path, not because we always agree, but primary negotiator in the creation of Thursday with a live quorum waived; because we know the stakes are high the successful Proliferation Security provided further that when the Senate for our country in the international Initiative and the landmark Moscow resumes debate on the nomination on arena. We face severe threats capable Treaty. He played a large role in the Thursday, all time until 6 p.m. be of undermining our national security agreement with on the surrender equally divided as stated above; fur- and our economic well-being. We be- of that nation’s weapons of mass de- ther, that if is invoked on the lieve we should strive to approach struction program and the ‘‘10 Plus 10 nomination, the Senate then proceed these questions with as much unity as Over 10’’ agreement that resulted in $10 to a vote on the confirmation of the possible. billion in pledges from other G–8 coun- nomination with no further inter- On the John Bolton nomination, our tries to secure former vening action or debate; provided fur- committee could not develop a con- weapons of mass destruction arsenals. ther that following that vote, the sensus position. From the start, mem- These are among the Bush administra- President be immediately notified of bers had widely divergent views of Sec- tion’s most important and indisputable the Senate’s action and the Senate re- retary Bolton and his suitability for foreign policy successes. sume legislative Senate; finally, I ask the U.N. ambassadorship. Members Opponents have argued that Sec- consent during the debate on the nomi- formed different opinions about the retary Bolton’s personality will pre- nation, Senator VOINOVICH be in con- nominee based on their assessment of vent him from being effective at the trol of 1 hour of debate. the role of the United Nations, their in- U.N., but his diplomatic successes over Mr. REID. Reserving the right to ob- terpretation of Secretary Bolton’s the last 4 years belie that expectation. ject, could we have some assurance statements, their judgments on the Few in Government have thought more from the distinguished majority leader testimony of many witnesses, their about U.N. reform than has John

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5877 Bolton. He served 4 years as the Assist- that is within the chain of command of liferation, and many other inter- ant Secretary of State overseeing the President and the Secretary of national problems have created mo- international under the State. The Ambassador to the United mentum in favor of constructive re- first President Bush. He has written Nations reports directly to the Presi- forms at the U.N. and commented extensively on that dent and to the Secretary of State. In Secretary General Kofi Annan has subject. fact, historically this ambassadorship proposed a substantial reform plan During his confirmation hearing, has reflected directly on the President. that will provide a platform for further Secretary Bolton demonstrated an im- The ambassador is seen as the Presi- reform initiatives and discussions. The pressive command of issues related to dent’s voice at the U.N. Consequently, United States must be a leader in the the United Nations. Senator BIDEN ac- there are few positions in Government effort to improve the United Nations, knowledged to the nominee at his hear- where the President should have more particularly its accountability. At a ing that: latitude in choosing his nominee. In time when the United States is appeal- There is no question you have extensive my judgment, it would take absolutely ing for greater international help in experience in UN affairs. extraordinary circumstances for the , in Afghanistan, and in troubled Deputy Secretary Rich Armitage re- Senate to tell the President he cannot spots around the world, a diminish- cently told reporters: have his choice to carry out his direc- ment of U.N. credibility because of John Bolton is eminently qualified. He’s tives at the U.N., even though the scandal reduces United States options one of the smartest guys in . nominee is highly experienced and and increases our own burdens. Secretary Bolton also demonstrated knowledgeable about U.N. affairs. Secretary Bolton has become closely his ability to get things done prior to At times during this process, oppo- associated with the U.S. efforts to re- becoming Under Secretary of State. nents have suggested that Secretary form the U.N. If he goes to the U.N. and Perhaps the best example is his initia- Bolton sits outside the mainstream in helps achieve reform, the U.N. will gain tive to repeal U.N. Resolution 3379, the Bush administration. The problem in credibility, especially with the which equated Zionism with racism. with this assertion is that President American people. If reform moves for- In May 1991, as Assistant Secretary Bush is telling us this is not so. Presi- ward, Secretary Bolton will be in an of State for International Organiza- dent Bush is telling us Secretary excellent position to help convince tions, John Bolton refused to accept Bolton accurately reflects his views the common wisdom that repealing skeptics that reform has occurred and about the U.N. and how that institu- this infamous resolution was impos- that the United Nations can be an ef- tion should be reformed. President sible. He and his staff initiated a cam- fective partner in achieving global se- Bush is saying Secretary Bolton is his paign to change votes in the General curity. If we reject Secretary Bolton, considered choice to implement his Assembly, even though they were ad- President Bush’s hand will be weak- policies and diplomatic initiatives at vised they would not be successful. ened at the U.N. We will recover, but the United Nations. Within a few months, they had made we will have wasted time. And we will Some observers who want a different substantial progress. By the fall, the have strengthened the position of re- program than the President’s may not State Department put its full weight form opponents. agree with the President’s choice, but behind that effort. On December 16, In the days immediately following the results of the 2004 election give the 1991, the U.N. General Assembly voted Secretary Rice’s March 7 announce- President the responsibility and the to repeal the resolution by a vote of 111 ment of Secretary Bolton’s nomina- right to nominate like-minded rep- to 25. tion, most Democratic members of the In the private sector, Secretary resentatives and to define who a like- Foreign Relations Committee ex- Bolton made some blunt statements minded representative is. pressed their opposition to the nomina- We have ample evidence that the about the United Nations. Many of tion on policy grounds. A March 8 As- these statements were made in aca- United Nations is in need of reform. sociated Press report states: The Foreign Relations Committee held demic or think-tank settings where de- Almost immediately after Bolton’s nomi- bate on these subjects was encouraged. the first congressional hearing on the nation was announced, Democrats objected. U.N. oil-for-food scandal more than a Many of the quotes that have been re- The March 8 edition of the Baltimore year ago. Since that time, through the peated by opponents came in the con- Sun said: text of much larger speeches that were work of Paul Volcker, our own col- league on the committee, Senator Reaction from Senate Democrats promised more nuanced. The fact that he has contentious confirmation hearings for strong views and a long record of com- COLEMAN, and many others, we have Bolton when he goes before the Foreign Re- mentary on the that he is about to learned much more about the extent of lations Committee. the corruption and mismanagement in- undertake should not be disqualifying. In several cases, the statements by volved. This knowledge has supported During our hearing with Secretary Democrats were unequivocal in opposi- Bolton, he spoke of the United Nations the case for reform. We know billions of dollars that tion. In several other cases, statements important role in international secu- were very negative, leaving open only rity. He has emphasized that he wants should have been spent on humani- tarian needs in Iraq were siphoned off the smallest of possibilities that the the institution to work well on behalf Senator would ultimately support the of international security and the inter- by ’s regime through a system of surcharges, bribes, and kick- nominee. In all of these cases, objec- ests of the United States. tions were based on Secretary Bolton’s Beyond qualifications, we should rec- backs. This corruption depended upon members of the U.N. Security Council supposed attitudes toward the United ognize that Secretary Bolton has the Nations. confidence of the President of the who were willing to be complicit in Senator DODD said that Secretary United States and the Secretary of these activities. It also depended on U.N. officials and contractors who were Bolton’s ‘‘antipathy to the U.N. will State. The President has made it clear prevent him from effectively dis- this is not a casual appointment. He dishonest, inattentive, or willing to charging his duties as our ambas- wants a specific person to do a specific make damaging compromises in pur- sador.’’ job. President Bush has a reform agen- suit of a compassionate mission. Senator KERRY said that the Bolton da in mind at the U.N. This reform The U.N. reform is not a new issue. nomination was ‘‘the most inexplicable agenda is generally supported by the The structure and the role of the appointment the President could make U.N. Secretary General who has put United Nations have been debated in to represent the United States to the forward a reform plan of his own. The our country almost continuously since world community.’’ President wants John Bolton, an the U.N. was established in 1945. But in Senator BOXER said of Secretary avowed and knowledgeable reformer, to 2005 we may have a unique opportunity Bolton: carry out that reform agenda. Kofi to improve the operations of the U.N. Annan has welcomed John Bolton’s ap- The revelations of the oil-for-food He’s contemptuous of the U.N. pointment. scandal and the urgency of strength- By March 31, still almost 2 weeks be- I would emphasize that Secretary ening global cooperation to address fore the first Bolton hearings, a Los Bolton is being appointed to a position terrorism, the AIDS crisis, nuclear pro- Angeles Times report noted:

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5878 CONGRESSIONAL RECORD — SENATE May 25, 2005 Democrats are likely to vote unanimously determine not just what analysts think of the Secretary’s leadership style to against John R. Bolton when his nomination but why they think it, and often we visit with staff in the ‘‘bowels of the to be United States ambassador to the challenge their conclusions. building,’’ including INR. United Nations comes before the Senate For- Earlier this year, for example, the In the case of the NIO for Latin eign Relations Committee . . . according to Democratic and Republican lawmakers and Senate Foreign Relations Committee America, e-mails the committee staff aides. held a highly classified briefing on has viewed make it clear that Sec- Senators have the right to oppose a in which one of our mem- retary Bolton’s primary objection was nominee because of his substantive bers pointedly disputed the conclusions over disparaging and inaccurate com- views and his past statements. How- of the briefer. There was a blunt ex- ments the analyst made to Members of ever, it is important to acknowledge change of views, and no resolution to Congress about a speech. Secretary that the ethical inquiry into Secretary this disagreement was achieved. I am Bolton took his complaint to the CIA. Bolton’s background has been pressed doubtful that any of us who have at- Although the NIO has said he feels his by Members who had planned to vote tended a good number of intelligence career was damaged by Secretary against him even before we began briefings have not done the same thing Bolton, his superiors fully backed him interviewing witnesses. They have the on occasion. My point is that the act of at the time, and other witnesses have right to ask questions, and the com- challenging or disputing intelligence told the committee that if he did not mittee of jurisdiction has a responsi- conclusions is not in and of itself get the promotions he felt he deserved, bility to follow up on credible allega- wrong. it was for other reasons. Again, as far tions. But we should also understand Some have appeared shocked that as Secretary Bolton was concerned, the that at times the inquiry has followed Secretary Bolton might have chal- dispute was procedural. There was no a more prosecutorial path than most lenged intelligence conclusions or ad- attempt to fabricate intelligence. nominees have had to endure. vanced alternative interpretations, Other allegations related to manage- Our committee staff has worked long even though the same thing happens rial style show the same pattern upon and hard to run down the salvo of alle- every day in multiple departments and examination—disagreement over proce- gations that were levied at Secretary agencies. Congress has the benefit of dure, not policy. In the case of Rexon Bolton. The end result is that many of something called the ‘‘speech and de- Ryu, a mid-level civil servant in the the accusations have proven to be bate clause.’’ non-proliferation bureau under Sec- groundless or, at worst, overstated. Article I, section 6 of the Constitu- retary Bolton, no policy issues were in- New information has cast others in a tion states that Members of Congress volved at all. Secretary Bolton be- different light. There is no doubt that ‘‘shall in all Cases, except Treason, lieved—incorrectly, according to Mr. Secretary Bolton has been blunt and Felony and Breach of the Peace, be Ryu’s supervisor—that Mr. Ryu had de- combative in defense of his perspec- privileged from Arrest during their At- liberately neglected to share informa- tives. Indeed, this is one of the quali- tendance at the Session of their respec- tion with Bolton’s . Some months ties that President Bush and Secretary tive Houses, and in going to and re- later, Mr. Ryu was up for a job that Rice have cited as a reason for their se- turning from the same; and for any would have required him to work close- lection of this nominee. Speech or Debate in either House, they ly with Secretary Bolton. Secretary As I have said previously, Secretary shall not be questioned in any other Bolton, perhaps regrettably, expressed Bolton’s blunt style alienated some Place.’’ his opposition to working with Mr. colleagues. Our review showed that on The Founders put this extraordinary Ryu. Mr. Ryu was given another prized several occasions he made incorrect as- provision in the Constitution because post instead, an assignment to the dep- sumptions about the behavior and mo- they saw the value of debate. The con- uty secretary. tivations of subordinates. A few other text surrounding arguments within an The case of the State Department at- times he failed to use proper manage- administration over intelligence is dif- torney, also raised by the other side, is rial channels or unnecessarily person- ferent, but the principle is the same. even more off the mark. This attorney alized internal disputes. But there is no Policymakers should be free to exert fully supported what Secretary Bolton evidence that he has broken laws or en- opinions and interpretations during the wanted to do. It was only because of gaged in serious ethical misconduct. policymaking process. Clearly, there miscommunication that Secretary The picture is one of an assertive pol- are lines that should not be crossed. Bolton thought the attorney had given icymaker with an intense commitment Some may argue that Secretary Bolton out wrong information on a case in- to his missions—missions that, in fact, crossed these lines. But the proof is in volving sanctions against a Chinese were supported by President Bush. the result. After fighting for his inter- company. The State Department Legal With regard to the most serious pretation, Secretary Bolton conformed Advisor, Will Taft, told our staff that charge, that Secretary Bolton sought to the clearance process and gave the he quickly straightened things out. to improperly manipulate intelligence, speeches as they had been approved. The attorney stayed on the case, and the insights we have gained do not sup- It has been charged that Secretary he even wrote the affidavit that Sec- port the conclusion. He may have dis- Bolton sought to retaliate in some way retary Bolton later submitted to court. agreed with intelligence findings, but against analysts and others with whom Staff also looked at a new case that in the end he always accepted the final he disagreed. Our inquiry looked into came up. Secretary Bolton’s chief of judgment of the intelligence commu- these cases thoroughly, and in each one staff, we learned, went to an INR ana- nity, and he always delivered speeches I believe the allegations are over- lyst to complain that he had inappro- in their cleared form. stated. priately attached to a CIA document a During this inquiry, there has been In the case of Christian Westermann, cover memo that took exception to an implication that if the nominee the INR analyst whom the committee some of the CIA’s findings regarding challenged or opposed the conclusions heard about from Carl Ford, the dis- China. No action was sought against of intelligence analysts, he somehow pute was over a procedural issue, and the analyst and none was taken. The committed an ethical violation. I think Mr. Westermann continued in his job. issue was procedural, no intelligence we need to be very precise that arguing We should recall that the focus of Mr. was manipulated, and Secretary Bolton in favor of one’s own reading of intel- Ford’s complaint was that Mr. Bolton was not even directly involved, because ligence within the context of an inter- should not have raised his objections he was out of the country at the time. nal policy debate is not wrongdoing. directly with Mr. Westermann, not Secretary Bolton’s credibility has Intelligence reports are not sacrosanct. that Mr. Bolton was wrong to raise the also been called into question regard- They involve interpretation. They are issue. Our Democratic colleagues last ing his testimony before our com- intended to stimulate debate. month made much of the fact that mittee on April 11. Senator BIDEN ques- Many Senators participate in classi- after this incident Secretary Powell tioned whether Mr. Bolton really went fied briefings. The word ‘‘briefing’’ is a had to go all the way down to INR to to the CIA to learn about the National misnomer because, as Senators, we boost morale. But we heard from Sec- Intelligence Council. Stuart Cohen, the spend much of the time during brief- retary Powell’s chief of staff that such acting head of the NIC, said that while ings questioning the panel. We probe to visits were not uncommon. It was part he could not recall why Secretary

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5879 Bolton wanted to come, it was ‘‘per- Ms. Townsel provided no eye- tions for that long would come out un- fectly reasonable’’ to believe that was witnesses to the incidents, which are scathed from such a process. Any asser- the reason. In fact, he added, ‘‘I was de- said to have occurred in public or open tive policymaker will develop oppo- lighted at the prospect that somebody areas of the hotel. Moreover, although nents based on stylistic differences, would come out wanting to know more she claimed this was a highly trau- personal disputes, or partisan disagree- about the NIC.’’ He also said that Sec- matic encounter and that she told sev- ments. Most Members of the Senate retary Bolton only talked about reas- eral people about it, staff had difficulty have been in public life for decades. If signing, not firing, the NIO just as Mr. finding others who knew about it. we were nominated for a similar posi- Bolton testified. Our investigation has Three people whom Ms. Townsel identi- tion of responsibility after our terms in found nothing contrary to Secretary fied as having heard her complaints at the Senate, how many of us would want Bolton’s claim that his dispute with the time of the events told staff that the same standard to be applied to our Mr. Westermann was over procedure, they had no recollection of Ms. confirmation process? How many of us not policy. Townsel mentioning Mr. Bolton. Her would want any instance of conflict or Former Ambassador to South Korea, boss, Charles Black, of Black, anger directed at our staffs or our col- Thomas Hubbard, called the committee Manafort, Stone and Kelly, who hired leagues to be fair game? after Secretary Bolton’s testimony her for the post, said she never men- Second, as mentioned, the oldest al- about a controversial speech he gave in tioned it to him. Neither did her imme- legation dates back all the way to 1983. South Korea. Secretary Bolton testi- diate supervisor back in Washington. Thus, we are subjecting 22 years of Sec- fied that Ambassador Hubbard had An employee of a sister company who retary Bolton’s career to a microscope. thanked him for the speech afterwards. assisted Ms. Townsel in making her This included service in many Govern- The ambassador told us he indeed had charges against the prime contractor ment , as well as time spent in the thanked Secretary Bolton afterwards, on her project and with whom she said private sector. Given the length of but only for making certain changes in she was in close touch at the time, also John Bolton’s service in high-ranking the speech that he had requested. Am- knows nothing about it. Staffs talked positions, it is inevitable he would bassador Hubbard told our staff that he to three representatives of the con- have a conflict with coworkers of var- wanted to correct the record on that tractor, a small Virginia firm which ious ranks and political persuasions. point, but he was not accusing Sec- has long experience working for USAID He would have had literally thousands retary Bolton of being deliberately overseas. Those officials also heard of contacts, meetings, and issues to misleading. nothing about this encounter. They deal with during his career. In this con- That speech was one of several by said that Secretary Bolton was in Mos- text, the volume of alleged incidents is Secretary Bolton that opponents of the cow at that time, but he was working not that profound. Third, in John Bolton’s case, unsub- nomination have questioned. Our in- as a consultant for a health project stantiated charges may seem more ma- vestigation showed that many of these they were involved in, not doing legal speeches and congressional testimony terial than they are because he has a work for them. We did find one of her reputation for being an aggressive and were preceded by strong policy debates friends and co-workers from that time, within the administration. As one wit- blunt negotiator. But this should not who was not in Moscow, who recalls be a disqualifying factor, especially for ness told our staff, ‘‘That’s how good talking with her by telephone about it, policy is made.’’ In each case we found posts that historically have included a as well as a subordinate of hers in a number of blunt, plain-spoken individ- that, in the end, Secretary Bolton de- later USAID-funded project who recalls livered a speech that was properly uals, including and her mentioning it. our former colleague, Daniel Patrick cleared and that expressed official U.S. Ultimately, Ms. Townsel went on to Moynihan. In fact, President Bush has policy. another USAID project in the former One of the most sensationalized accu- cited John Bolton’s direct style as one Soviet Union, and the company she ac- of the reasons he has picked him for sations against Secretary Bolton is cused of mismanagement was awarded that 11 years ago, he chased a woman this particular job. more USAID contracts and continues It is easy to say any inquiry into any around a Moscow hotel throwing things to be well regarded. allegation is justified if we are pur- at her. This is problematic first be- The original charge against Sec- suing the truth, but as Senators who cause the behavior described seems so retary Bolton is uncorroborated and are frequently called upon to pass judg- out of place. But secondly, because it overstated. On the basis of what we do ment on nominees, we know reality is has been very difficult for our staffs, know, there is nothing to offset Sec- more complicated than that. We want despite many hours of interviews on retary Bolton’s long record of public to ensure that nominees are qualified, this matter, to ascertain just what service in several administrations. It skilled, honest, and open. happened. has been charged that collectively the Clearly, we should pursue credible re- The woman, Melody Townsel, who allegations against Secretary Bolton ports of wrongdoing, but in doing so, lives in Dallas, admits that she is a lib- form an unacceptable pattern of behav- we should understand that there can be eral Democrat who worked for Mothers ior. This is an unfortunate argument human and organizational costs if the Opposing Bush in the last election. Ms. by opponents because it depends on inquiry is not focused and fair. Townsel also told our staffs that her doubts arising from an intense inves- We have all witnessed quality nomi- original accusation, contained in a let- tigation of accusations, many of which nees who have had to endure a conten- ter that was made public, may have had no substantiation. By its nature, it tious nomination process that opened been too strong in some places. She also discounts the dozens of positive them up to any charge leveled from said: ‘‘ ‘Chasing’ may not be the best testimonials on Secretary Bolton’s be- any direction. Both Republicans and word.’’ What she meant was that Sec- half from former coworkers who attest Democrats have been guilty of employ- retary Bolton would approach her to his character and his effectiveness. ing prosecutorial tactics to oppose whenever he saw her at the hotel where We need to think clearly about the nominees with whom they did not they were both staying because, as she context of the allegations leveled agree. Some would say that nominees describes it, she did not want to meet against Secretary Bolton. First, this are fair game. If they accept appoint- with him over a legal matter. It is im- has been an extremely public inquiry. ment, they enter the public arena portant to remember that Secretary By its nature, it has encouraged any- where no quarter will be given. But we Bolton was a private lawyer at that one with a grudge or disagreement need capable people who are willing to time. He was not representing the U.S. with Secretary Bolton, stretching back serve our Government and the Amer- Government. He was working for a to 1983, to come forward and tell their ican people. company against which Ms. Townsel story. There have been no thematic Among all the other qualifications, it had made some very serious charges— limits on the allegations that oppo- seems we have required nominees to charges which proved unfounded—that nents of the nominee have asked to be subject themselves and their families could have cost his company an impor- investigated. to partisan scrutiny. This has implica- tant USAID contract in the former So- I simply submit that no one working tions well beyond this current nomina- viet Union. in Washington in high-ranking posi- tion.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5880 CONGRESSIONAL RECORD — SENATE May 25, 2005 Our Democratic colleagues have rec- tive, forward-looking United Nations. . . . well-known attributes of exceptional intel- ognized this fact when they have de- Secretary Bolton, like the administration, ligence and intensity of purpose. This is a fended Democratic nominees in the has his critics of course. Anyone as energetic combination and, we would think, high- past. With respect to one nominee in and effective as John [Bolton] is bound to en- ly desirable for an American ambassador to counter those who disagree with some or the United Nations. October 1993, Senator BIDEN said: even all of the administration’s policies. But Former British Prime Minister Mar- The Senate does nothing to fulfill its re- the policies for which he is sometimes criti- sponsibility to advice and consent on Presi- garet Thatcher wrote in a recent letter cized are those of the President and the De- to Secretary Bolton: dential nominations and does nothing to en- partment of State which he has served with hance its reputation as the world’s greatest loyalty, honor and distinction. To combine, as you do, clarity of thought, courtesy of expression and an unshakeable deliberative body by entertaining a long and Andrew Natsios, the current USAID disagreeable litany of past policy disagree- commitment to justice is rare in any walk of ments, nor by entertaining anonymous and administrator and M. Peter McPher- life. But it is particularly so in international probably false allegations. son, a former USAID administrator, affairs. A capacity for straight talking rath- along with 37 officials who worked with er than peddling half-truths is a strength With regard to a troubled 1999 nomi- and not a disadvantage in diplomacy. Par- nation, Senator DODD quite John Bolton during his year at USAID wrote: ticularly in the case of a great power like insightfully stated: America, it is essential that people know I am one, Mr. Chairman, who worries deep- We know John to be a forceful policy advo- where you stand and assume that you mean ly about our ability to attract the best our cate who both encourages and learns from what you say. With you at the UN, they will society can produce to serve our country. It rigorous debate. We know him to be a man of do both. Those same qualities are also re- is not easy to submit yourselves and your balanced judgment. And we know him to quired for any serious reform at the United families to the kind of public scrutiny that a have a sense of humor, even about himself. Nations itself, without which cooperation be- nomination of this magnitude involves. We John leads from in front with courage and tween nations to defend and extend liberty have got to sort out some ways in which we conviction—especially positive qualities, we will be far more difficult. can go through this process without making believe, for the assignment he is being asked to take on. He is tough but fair. He does not During consideration of the Bolton it so discouraging to people that those who nomination, we have spent a good deal watch the process who think one day they power or people. John is direct, yet thoughtful in his communication. He is high- of time scrutinizing individual con- might like to serve their country will be dis- versations and incidents that happened couraged from doing so in any administra- ly dedicated, working long hours in a never- tion, and I am deeply worried that if we do ending quest to maximize performance. Yet several years ago. Regardless of how not get a better handle on this, that will be he does not place undue time demands on his each Senator plans to vote, we should the net result of what we accomplish. staff, recognizing their family obligations. not lose sight of the larger national se- What he does demand from his staff is per- curity issues concerning UN reform Senator DODD also provided com- sonal honesty and intellectual clarity. ments for a March 1, 1997, Washington and international diplomacy that are Another letter from former Attor- Post article about the travails of a dif- central to this nomination. neys General Ed Meese and Dick ferent nominee. He said: The President has tapped Secretary Thornburgh; former Governors William Bolton to undertake this urgent mis- It’s getting harder and harder to get good Weld and Frank Keating; former coun- people to serve in government. Advice and sion. Secretary Bolton has affirmed his consent does not have to be abuse. sels to the President C. Boyden Gray commitment to fostering a strong and Arthur Culvahouse Jr.; and 39 In an investigation of this type, we United Nations. He has expressed his other distinguished Officials stated: constantly have to ask, where do you intent to work hard to secure greater draw the line? Where does legitimate Each of us has worked with Mr. Bolton. We international support at the UN for the know him to be a man of personal and intel- due diligence turn into partisanship? national security and foreign policy ob- lectual integrity, deeply devoted to the serv- jectives of the United States. He has Where does the desire for the truth ice of this country and the promotion of our turn into a competition over who wins foreign policy interests as established by stated his belief in decisive American and who loses? Not every line of the in- this President and Congress. Not one of us leadership at the UN, and underscored quiry is justified by our curiosity or has ever witnessed conduct on his part that that an effective United Nations is even our suspicions. resembles that which has been alleged. We very much in the interest of U.S. na- The Foreign Relations Committee feel our collective knowledge of him and tional security. has focused a great deal of energy ex- what he stands for, combined with our own I believe that the President deserves amining several accusations against experiences in government and in the private to have his nominee represent him at sector, more than counterbalances the credi- the nominee. This may leave some ob- the United Nations. I am hopeful that bility of those who have tried to destroy the we will vote to send this nominee to servers with the false impression that distinguished achievements of a lifetime. John Bolton’s service has been domi- the United Nations without further Another letter came from 21 former delay and with a maximum amount of nated by discord and conflict. We need officials who worked with John Bolton to acknowledge that a great many offi- enthusiactic support. in his capacity as Assistant Secretary I yield the floor and I suggest the ab- cials with whom he has worked have of State for International endorsed him and many subordinates sence of a quorum. Affairs. It states: The PRESIDING OFFICER. The have attested to his managerial char- Despite what has been said and written in clerk will call the roll. acter. I would like to cite just a few of the last few weeks, John has never sought to The bill clerk proceeded to call the the comments received by the com- damage the United Nations or its mission. roll. mittee in support of Secretary Bolton. Quite the contrary—under John’s leadership Mr. LUGAR. Mr. President, I ask Former Secretaries of State James the organization was properly challenged to unanimous consent that the order for fulfill its original charter. John’s energy and Baker, Larry Eagleburger, Alexander the quorum call be rescinded. Haig, , and George innovation transformed IO from a State De- partment backwater into a highly appealing The PRESIDING OFFICER. Without Shultz, former Secretaries of Defense objection, it is so ordered. and James Schlesinger, work place in which individuals could effec- tively articulate and advance U.S. policy and Mr. LUGAR. I ask that the time now former Ambassadors Jeane Kirkpatrick their own careers as well. be equally charged to both sides. and Max Kampelman, former National A letter also arrived from 43 of John The PRESIDING OFFICER. Without Security Adviser Richard Allen, former Bolton’s former colleagues at the objection, it is so ordered. Arms Control and Disarmament Agen- Mr. LUGAR. I suggest the absence of American Enterprise Institute. It stat- cy Director Kenneth Adelman, former a quorum. ed: Assistant Secretary of State David The PRESIDING OFFICER. The Abshire and former Department of As we have followed the strange allega- clerk will call the roll. tions suddenly leveled at Mr. Bolton in re- The bill clerk proceeded to call the State Counselor Helmut Sonnenfeldt cent days and reflected among ourselves on strongly endorsed Secretary Bolton in our own experiences with him, we have come roll. a letter to the committee. They said: to realize how much we learned from him, Mr. LUGAR. Mr. President, I ask It is a moment when we must have an am- and how deep and lasting were his contribu- unanimous consent the order for the bassador in place whose knowledge, experi- tions.... Contrary to the portrayals of his quorum call be rescinded. ence, dedication and drive will be vital to accusers, he combines a temperate disposi- The PRESIDING OFFICER. Without protecting the American interest in an effec- tion, good spirit, and utter honesty with his objection, it is so ordered.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5881 Mr. LUGAR. Mr. President, I ask an ideologue—a bright ideologue, but to do. We have, under the leadership of unanimous consent that quorum calls nonetheless an ideologue, as evidenced and with my help, passed be charged equally against both sides by his long record both in and out of the Helms-Biden legislation reforming for the duration of the debate on the Government. And he lacks the trust portions of the United Nations. Much Bolton nomination. and confidence of his superiors, as evi- more needs to be done. The PRESIDING OFFICER. Without denced by the fact that the Secretary I would note that when we had John objection, it is so ordered. of State has felt the need to assure Danforth, an incredibly well respected Mr. LUGAR. Mr. President, I suggest Senators in this Chamber that Mr. ambassador, up until a couple of the absence of a quorum. Bolton will be ‘‘closely supervised.’’ As months ago, and before him Mr. The PRESIDING OFFICER. The one of our colleagues said, why in the Negroponte, there was not all this talk clerk will call the roll. Lord’s name would you send someone about the primary responsibility being The bill clerk proceeded to call the to the United Nations who had to be reform. They were fully capable of roll. ‘‘closely supervised?’’ dealing with reform. Mr. BIDEN. Mr. President, I ask The job of U.N. ambassador is impor- I would point out that not even the unanimous consent the order for the tant, to state the obvious, because of Secretary of State, , quorum call be rescinded. the many challenges the United States believes John Bolton is necessary for The PRESIDING OFFICER (Mr. confronts in the year 2005. I would reforming the United Nations. Four SUNUNU). Without objection, it is so or- argue it is a more important post than days after the Bolton nomination was dered. at any time since 1962 and the Cuban announced, Dr. Rice appointed another Mr. BIDEN. Mr. President, I rise missile crisis. We confront a monu- person, Dr. Shirin Tahir-Kheli, ‘‘to today to state what is obvious to the mental threat by radical Islamic fun- serve as the Secretary’s senior advisor Chair and my colleagues, that I will op- damentalists bent on destroying Amer- and chief interlocutor on United Na- pose the nomination of John Bolton to ica and our allies. We confront a rad- tions reform.’’ The State Department be U.S. representative to the United ical regime in North Korea and a the- press release announcing the appoint- Nations. I regret, frankly, we are even ocracy in that seek nuclear weap- ment made no mention of Mr. Bolton. Mr. Bolton was not picked because debating this nomination while the ad- ons and the means to deliver them. We his job was United Nations reform. ministration continues to withhold rel- confront the challenge of building That is the job of every U.S. ambas- evant material about Mr. Bolton that democratic states in Iraq and Afghani- sador to the U.N., or part of the job. the committee has requested, and for stan, two countries that have known No, this debate is not about U.N. re- which no reasonable explanation has mostly dictatorship and suffering for form or U.N. interests; it is about been given as to why it has not been generations. We confront the chal- whether the appointment of Mr. Bolton provided other than they do not think lenges of the AIDS pandemic, war and is in the national interests of the the information is ‘‘relevant’’ to our humanitarian catastrophes across the inquiry. I will return to that issue United States of America. I firmly be- African continent, and the threat of in- lieve, as my friend from Ohio, Mr. later today. stability in every continent. VOINOVICH, does, that it is not in the The job to which Mr. Bolton has been Despite our vast economic and mili- nominated is one of the most impor- U.S. interests. tary power we cannot—or I should say There are four reasons to vote no on tant ambassadorships the President more appropriately, we need not—face Mr. Bolton. Each, standing alone, in fills. It is, in fact, the most important these challenges alone. America’s secu- my view, would justify a negative vote, one. In the past, it has often held Cabi- rity is enhanced when we work with but taken together they provide an net rank. Leading figures of their day our allies, and the United Nations is overwhelming case. What is even more have held that job, people such as Re- one of the places we can find them. Our extraordinary is that much of the evi- publican , Democrat security is enhanced when even those dence for this case comes from senior Adlai Stevenson, President George Her- who are not considered our allies un- officials in the Bush administration bert Walker Bush, Daniel Patrick Moy- derstand that the threat that we are who worked with Mr. Bolton. The bulk nihan, Jeane Kirkpatrick, Richard concerned about is common to all of of the evidence to make the cases I am Holbrooke, Senator Jack Danforth. us, to them as well as us, to almost all about to make came from senior Re- Aside from the President and the Sec- nation states. publican administration officials who retary of State, the U.N. ambassador is For better or worse, the United Na- worked with Mr. Bolton. They had the best known face of American diplo- tions is an essential forum for the ad- nothing to gain and a good deal to lose macy. vancement of U.S. foreign policy and by appearing before our committee, but It is a job that in my view requires a national security interests in the year everyone came voluntarily. No one had person with diplomatic temperament, a 2005—a troublesome forum but in fact a to be subpoenaed. We asked and they person willing to listen to other points necessary forum. For better or worse, came. of view, and blessed with the power to the U.N. Security Council makes deci- The first reason Mr. Bolton should, be able to persuade, such as President sions that affect international security in my view, be denied the ambassador- Bush’s father George Herbert Walker and stability. Granted, they cannot ship to the United Nations is that Mr. Bush was. make any decision without the United Bolton repeatedly sought to remove in- It is a job that requires a person of States signing off—we can veto it—but telligence analysts who disagreed with great credibility, such as Governor they have the ability to isolate us in- him. Mr. Bolton was not content to Adlai Stevenson. stead of isolating those who should be fight the normal policy battles. He had It is a job that requires a person who isolated. to crush people, even if they were just is not an ideologue, such as Senator For better or worse, the United Na- doing their jobs. , a Democrat tions provides a means for the United One analyst was Christian who served a Republican President as States to gain international support Westermann, an expert on biological ambassador to the United Nations. for difficult missions it seeks to under- and chemical weapons with a 20-year And it is a job, in my view, that re- take, not only in our interest but in career in the U.S. Navy who worked in quires a person who has the complete the interest of others, allowing us to the State Department’s Bureau of In- confidence of the President of the share the cost and burdens with others telligence and Research after retiring United States and Secretary of State, and not put it all on the back of the from the U.S. military. such as Jeane Kirkpatrick did. American taxpayer. In February of 2002, Mr. Westermann Mr. Bolton is not that person. He is The United Nations is not perfect, as was asked by Mr. Bolton’s staff, which no diplomat, as evidenced by his con- the Presiding Officer well knows—far is standard operating procedure, to tempt for opposing views and his in- from it. It needs significant reform— begin the intelligence community ability or unwillingness to listen. His again as the Presiding Officer knows. clearance process for three sentences credibility is in grave doubt, as evi- But let’s not equate reform of the that Mr. Bolton wanted to put in a denced by his repeated efforts to dis- United Nations with John Bolton, as speech about the biological weapons ef- tort facts to fit preformed views. He is some of our colleagues have attempted fort of . The speech was not made

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5882 CONGRESSIONAL RECORD — SENATE May 25, 2005 yet; the speech was in the making. Westermann’s supervisors to give Mr. Mr. Bolton and Ambassador Otto What is a normal operating procedure Westermann a new portfolio, but then, Reich, Assistant Secretary of State for in this State Department, the last he said, ‘‘I shrugged my shoulders and Latin America. The draft was ad- State Department, and the ones before moved on.’’ But the evidence is clear dressed to Director of Central Intel- that, is that when a policymaker wish- that Mr. Bolton did not, as he said, ligence Agency, Mr. George Tenet. es to include in a speech intelligence ‘‘move on.’’ He tried twice more to re- The draft letter urged the immediate data or assertions that the U.S. gov- move Mr. Westermann, the biological replacement of the National Intel- ernment or the intelligence commu- weapons expert. A few days later, he ligence Officer and indicated that nity believes thus and so, it has to be tried to remove him, and then several Bolton and Reich would take several cleared first by the intelligence com- months later. measures on their own, including ban- munity. My friend from Indiana—and as we ning the National Intelligence Officer Mr. Westermann, the State Depart- say here, he is my friend—argues this from official meetings at the State De- ment’s intelligence analyst for biologi- does not matter. Mr. Westermann kept partment and from official travel in cal weapons, had two roles in this proc- his job, no harm, no foul—my words. the Western Hemisphere. ess of clearing these three sentences. But the system had to work overtime A response to the e-mail from a col- One was to transmit the material to a to counteract the harmful effects of league reported that he discussed the clearance coordinator at the CIA who this episode. Don’t take my word for it. same matter with Mr. Bolton, whom he would then seek clearance from all the Listen to Carl Ford, the former Assist- said ‘‘would prefer at this point to han- other intelligence agencies in the Gov- ant Secretary of State for INR, who dle this in person with [Mr.] Tenet.’’ says he supports the President and, in ernment—Defense Intelligence, et The following month—again, going to his words, is a huge fan of Vice Presi- cetera, a whole panoply of the intel- the issue of whether he tried to get this dent CHENEY, and not anyone who has ligence community. The second func- guy removed—Mr. Bolton traveled to ever been accused of being a liberal tion Mr. Westermann had as the intel- the CIA headquarters to meet with Mr. Democrat. ligence officer at the State Department Stuart Cohen, the Acting Chairman of for biological weapons was to provide Mr. Ford testified that the analysts in his Bureau were ‘‘very negatively af- the National Intelligence Council, the substantive comments of his Bu- where he asked that the National Intel- reau—that is, INR—on Mr. Bolton’s fected by this incident—they were scared.’’ Ford said that after the ligence Officer be removed from his po- text to this clearance coordinator; in sition. other words, in addition to what the Westermann incident, he tried to make the best of a bad situation by using the Mr. Cohen, the Acting Chairman of other intelligence agencies thought the National Intelligence Council, said about these three sentences, to say incident as a training vehicle to ex- plain to his people how to handle simi- he did not remember many details what the intelligence analysts in the about the meeting with Mr. Bolton State Department thought about these lar situations if they came up. At Ford’s request, Secretary Powell made other than Mr. Bolton’s intent was three sentences. clear: He wanted the National Intel- In performing that latter function, a special trip to speak to the INR ana- lysts, where Mr. Powell singled out Mr. ligence Officer for Latin America re- Mr. Westermann proposed alternative moved. language to the three sentences sub- Westermann and told the analysts they Later that month—again, remember, mitted by Mr. Bolton’s staff, a stand- should continue to ‘‘speak truth to Mr. Bolton said: I did not try to get ard means of trying to help a policy- power.’’ They had to do this because this guy. I let it alone—a senior aide to maker say something about classified Mr. Bolton was allergic to people deliv- Mr. Bolton told a senior aide to Mr. matters so that the sources and meth- ering news that his proposed language Reich that Bolton wanted to meet ods are not compromised and so that was not supported by the evidence. As one of Mr. Westermann’s super- Reich to ‘‘discuss the draft letter to the statement is consistent with the visors recounted, Mr. Bolton declared CIA on our favorite subject’’ and said intelligence community’s judgments ‘‘he wasn’t going to be told what he that ‘‘John doesn’t want this to slip on that point being spoken to. When could say by a mid-level munchkin an- any further.’’ Mr. Bolton found out that Mr. alyst.’’ At the U.N., the special rep- The next day, the same aide to Mr. Westermann suggested alternative lan- resentative has to listen to a lot of peo- Bolton e-mailed Secretary Reich and guage, he hit the roof. He summoned ple who disagree with him and then re- his aide and had a new draft to the let- Mr. Westermann to his office and gave port back faithfully on what they are ter. He said that the draft ‘‘relies on him a tongue lashing. saying. Is Mr. Bolton capable of doing Look, Mr. Westermann does not work John’s tough talk with [Mr.] Cohen that? ‘‘about the national intelligence offi- directly for Mr. Bolton. There is within The second analyst Mr. Bolton tried the State Department Mr. Bolton’s op- cers. to remove from his position is a more So much for not trying to get him re- eration, the people who work directly remarkable case for two reasons: The for him, and then there is the intel- moved. analyst worked in another agency; and Two months later, in September, an- ligence operation, INR, headed at the his portfolio did not involve Mr. time by a guy named Carl Ford. At the other draft letter urging the removal of Bolton’s area of responsibility, which the National Intelligence Officer was bottom of the food chain is the guy in was arms control and weapons of mass charge of biological weapons as an in- exchanged between Mr. Bolton’s office destruction. and Mr. Reich’s office. telligence analyst; that is, Mr. The analyst was the National Intel- Now, does that sound like he ‘‘let it Westermann. ligence Officer for Latin America. He go,’’ as he said he did? Remember, his Mr. Bolton summoned Mr. disputed language on Cuba that was staff said Mr. Bolton said he doesn’t Westermann into his office and, ac- used in a speech Mr. Bolton had given, cording to Mr. Westermann, Bolton and that he then wanted to give again want to let this matter ‘‘slip any fur- was ‘‘red faced’’ and yelling at him. in congressional testimony. ther.’’ If you ask me, this was more When Mr. Westermann tried to explain During the committee hearing, Mr. than ‘‘one part of one conversation . . . what he had done, Mr. Bolton threw Bolton again tried to minimize his ac- one time,’’ as Mr. Bolton said. It was a him out of his office. tions, stating that his effort to remove campaign, a vendetta, against a person Then, over the course of the next 6 this individual was ‘‘one part of one Mr. Bolton had never met and whose months, Mr. Bolton tried on three sep- conversation with one person, one time work Mr. Bolton acknowledges he can- arate occasions to have Mr. . . . and that was it, I let it go.’’ not recall ever reading, all because he Westermann removed from his posi- The evidence shows that he did not questioned Mr. Bolton. tion. During the committee hearing, let it go but, rather, that he and his If this is how Mr. Bolton reacts to Mr. Bolton grudgingly conceded that staff actively discussed the removal of someone he has never met, how will he he sought to remove Mr. Westermann this National Intelligence Officer over control himself in New York? Sec- from his portfolio, but he tried to mini- the course of 4 months. retary Rice, the Secretary of State, mize his involvement. Mr. Bolton sug- In early June of 2002, an aide to Mr. told the Senator from Ohio that Mr. gested that he asked one of Mr. Bolton circulated a draft letter from Bolton will be ‘‘closely supervised.’’

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5883 How much energy at the State Depart- a very delicate moment, in which if, in man of the Joint Chiefs of Staff, then ment will be diverted to supervising fact, a senior administration official Secretary of State, said that because Mr. Bolton? came forward and said there was evi- Mr. Bolton didn’t properly clear his Thankfully, senior management at dence that there was a nuclear weapons speeches with the appropriate authori- CIA had the good sense to rebuff Mr. program in Syria, we might have had a ties and experts within the State De- Bolton’s attempts to remove the Na- war. partment—the Deputy Secretary of tional Intelligence Officer. The former Mr. Bolton wanted to make a speech State, the No. 2 man, Secretary Deputy Director of Central Intel- about that, and here is the guy who Armitage ‘‘made a decision that John ligence, John McLaughlin, remembers headed up the National Intelligence Bolton would not give any testimony, that when the issue was raised with Council, the chairman. He said that nor would he give any speech that him, he adamantly rejected it. Here is what Bolton wanted to say ‘‘struck me wasn’t cleared first by Rich what the Deputy Director of the CIA as going well beyond . . . where the [Armitage].’’ said: evidence would legitimately take us. Think of that. Here is the guy, head Well, we’re not going to do that, absolutely And that was the judgment of the ex- of the arms control and nonprolifera- not. No way. End of story. perts on my staff, as well.’’ tion piece of the President’s operation Mr. McLaughlin, at the CIA, ex- This is not minor stuff. I remind the at the State Department who needs, as plained why he so strongly opposed Mr. American people and my colleagues much as anyone, classified information Bolton’s proposal to get rid of this na- that an awful lot of Senators voted to and accurate intelligence, and he has tional intelligence officer. And I quote go to war in Iraq on the assertion that to be told by the No. 2 man at the from Mr. McLaughlin, formerly at the Iraq had weapons of mass destruction, State Department that he is no longer CIA: which now the administration itself ac- authorized to make any speech without It’s perfectly all right for a policymaker to knowledges they did not have. Mr. it first being cleared by the No. 2 man express disagreement with an . . . analyst, Bolton, according to the chairman of at the State Department. I don’t do and it’s perfectly all right for them to . . . the National Intelligence Council, that with my senior staff. I don’t have challenge their work vigorously. But I think wanted to say things about Syria and to. It is truly remarkable. it’s different to then request, because of the weapons of mass destruction that This may have occurred with one of disagreement, that the person be transferred. And . . . unless there is malfeasance in- struck him and his experts as going be- the six other Presidents with whom I volved here—and, in this case, I had high re- yond what could legitimately be stat- have served since I have been here, but gard for the individual’s work; therefore, I ed. if it has, I am unaware of it, and I had a strong negative reaction to the sugges- Chairman Hutchings said that Bolton would like to know. tion about moving him. took ‘‘isolated facts and made much Powell’s Chief of Staff later told the He is speaking of the National Intel- more of them to build a case than I New York Times, referring to what I ligence Officer. thought the intelligence warranted.’’ just talked about—restrictions that That, all by itself, is reason to vote Does that sound familiar to you? Re- Mr. Bolton could not make a speech against Mr. Bolton—thoroughly out- member aluminum tubes, offered by without it being cleared by the No. 2 rageous conduct as it related to two in- the Vice President as evidence that man at the State Department—that ‘‘if telligence officers who disagreed with Iraq had a gas centrifuge system, had anything, the [restrictions] got more him. reconstituted their nuclear capability, stringent’’ as time went on. ‘‘No one A second reason to oppose Mr. Bolton when, in fact, the most informed ele- else’’—I assume he means in the entire is that he frequently sought to stretch ments of the intelligence community State Department—‘‘was subjected to the intelligence—the available intel- said those tubes—because they were these tight restrictions.’’ ligence—to say things in speeches and anodized—couldn’t be used for a gas Consider this: we have the chairman in testimony that the intelligence centrifuge system? Facts taken out of of the National Intelligence Organiza- community would not support. The context to make a case that didn’t tion, the Chief of Staff for the Presi- committee report lays out this allega- exist got us into war prematurely. dent, Secretary of State, the former tion in extensive detail, and it is there Here we now have Mr. Bolton, when Deputy Director of Central Intel- for every Senator to see. There is people are talking about going to war ligence, the former head of an office ample evidence that Mr. Bolton sought with Syria, and the head of the Na- within the CIA named Mr. Cohen, and to cherry-pick, as one analyst said, tional Intelligence Council says Mr. the former head of the intelligence ap- cherry-pick intelligence; sought to Bolton took ‘‘isolated facts and made paratus at the State Department—all game the system, to get the clearances much more of them to build a case of them, nary a Democratic appointee he wanted, or simply sought to intimi- than I thought the intelligence war- in the crowd, pointing out how Mr. date intelligence analysts to get them ranted. It was a sort of cherry-picking Bolton overreached, cherry-picked, had to say what he wanted. of little factoids and little isolated bits to be disciplined, had to be overruled, Again, don’t take my word for it. that were drawn out to present the had to be supervised. And here Mr. Take the word of an administration ap- starkest-possible case.’’ Bolton was, an Assistant Secretary of pointee, Mr. Robert Hutchings, the Let me take you back to aluminum State, and we want to send him now to Chairman of the National Intelligence tubes, out of context, an isolated fact, the No. 2 job in diplomacy after the Council from 2003 to 2004. Chairman drawn out to present the starkest pos- Secretary of State? Hutchings said, in the summer of 2003, sible case that Iraq had ‘‘reconstituted Listen to Mr. Bolton’s own loyal that Mr. Bolton prepared a speech on its nuclear capability.’’ staff. After being told that the intel- Syria and weapons of mass destruction There used to be an expression my ligence community could not support a that ‘‘struck me as going well beyond dad used to say in World War II: Loose statement Mr. Bolton wanted to make . . . where the evidence would legiti- lips sink ships. Cherry-picking little on Cuba, a member of Mr. Bolton’s mately take us. And that was the judg- factoids and little isolated bits drawn staff wrote to a CIA official and said ment of the experts on my staff, as out to present the starkest-possible that ‘‘several heavy hitters are in- well.’’ case can cause wars. volved in this one, and they may Now, remember, this is 2003. We had Listen to Larry Wilkinson, who choose to push ahead over the objec- 160,000 troops in Iraq and in Afghani- served as Secretary of State Colin Pow- tions of the CIA and INR . . . unless stan. There was all kinds of talk on the ell’s Chief of Staff, a military man there is a serious source and methods floor of the Senate and in the Nation himself. He told us that because of the concern.’’ about whether we would invade Syria problems that the State Department We have all been around here. Let’s next. There was all kinds of discussion was having with Mr. Bolton’s speeches translate that. This is Mr. Bolton’s and supposition that the weapons of not always being properly cleared by staff writing to a CIA official, when mass destruction that were never found the State Department and offi- CIA is telling Mr. Bolton that he can- in Iraq—and we later learned had not cials—think of this now, the Chief of not say what he wants to say. Mr. existed after 1991 or 1995—had been Staff, a military man himself, I think a Bolton’s staff writes to the CIA official smuggled, for hiding, into Syria. It was colonel, working for the former chair- who said Mr. Bolton could not do that:

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5884 CONGRESSIONAL RECORD — SENATE May 25, 2005 ‘‘Several heavy hitters are involved in Syria doesn’t have nuclear weapons, if plained about, but for which he sought this one.’’ that were the conclusion. to have certain intelligence analysts I am sure no staff on the floor of the Now, Mr. Bolton had been stopped re- punished; is that right? Senate could possibly be intimidated peatedly by various intelligence agen- Mr. BIDEN. That is absolutely right. to maybe reconsider a recommendation cies from saying things that the intel- When an intelligence analyst said to they made if, in fact, the Chief of Staff ligence did not support. I am making him, on two occasions—Mr. of the majority leader or the minority this up. Let’s assume Mr. Bolton want- Westermann being one—no, Mr. Sec- leader, or chairman of the Foreign Re- ed to say that Syria has nuclear weap- retary, you cannot say that because lations Committee, or the ranking ons and the CIA analysis says it the intelligence community doesn’t be- member sent out an e-mail or a letter doesn’t. Under the present rules, CIA lieve that, the intelligence community to them saying: Look, Jack, I know can say to Mr. Bolton that he cannot doesn’t think what you are about to what you said, but let me tell you say that. So what does Mr. Bolton do? say is accurate, you cannot say it, something, there are several heavy hit- He goes back and says to the intel- what did Mr. Bolton do? He tried to get ters here who may go beyond you. ligence community, through his staff, that intelligence analyst fired for Translated: Are you sure you want to we want to change the rule. You can- doing nothing but his job and telling say he cannot do this? You would have not tell me, I say to my friend from him, no, boss, you cannot say that; had to have your head in a rain barrel Maryland, what I can say about wheth- that is not what the intelligence com- for the past 20 years not to understand er or not they have nuclear weapons. I munity believes. what the message was that was being can say they do, even though you say That is different than if Mr. Bolton communicated. they don’t. had said: I am going to go out and say, Mr. Bolton’s staff was saying that Mr. SARBANES. Will the Senator You know, the intelligence community Mr. Bolton might make statements in yield for a question? doesn’t agree with me, but I, John the name of the Government, or at Mr. BIDEN. First, let me finish this Bolton, I believe these are the facts. He least with the claim that they were point. But, his staff says, you can tell probably would get fired by the Presi- supported by U.S. intelligence, despite Mr. Bolton he cannot say it only if it dent for doing that, but that is not a the analysts’ views that these state- will reveal a source or a method. In violation of any procedure. He is not ments were not justifiably based on the other words, his staff was seeking carte purporting to speak for the intelligence evidence. That is more than mere arro- blanche to allow Mr. Bolton to cherry- community when he does that. gance. It suggests a willingness to de- pick, as the former chairman of the Na- Mr. SARBANES. If the Senator will fraud the American people, and it sug- tional Intelligence Council said, yield for a further question, I under- gests that there is a price that will be factoids in isolation to make a case stand that the analyst with whom paid by you, you not-so-senior person, that didn’t exist. Bolton had this confrontation said that I will yield to my friend for a ques- if you raise a ruckus about this. what Bolton was seeking to say didn’t tion. That e-mail I described was not a Mr. SARBANES. It is my under- represent the judgment of the intel- one-time event. Mr. Bolton’s staff later standing that if a policymaker wants ligence community. In other words, the informed the intelligence community to make a statement reflecting an in- analyst was stating correctly the posi- that they wanted to change the rules telligence judgment, representing the tion of the intelligence community for reviewing proposed speeches to position of the Government—not his which Mr. Bolton was, in effect, seek- limit their objections to only those ob- own personal position, but the position ing to ignore or go against. So it is not jections related to sources and method. of the Government—the standard prac- as though the analyst was seeking to Let me translate that. I see my tice is for the statement to be sub- impose his own personal opinion. His friend from Maryland on the floor. If he mitted to the intelligence community judgment corresponded with the vetted were an intelligence officer in the for clearance, to be certain that the judgment of the broader intelligence United States government who found statement accurately reflects the judg- community; is that correct? out that another country was sup- ment of the intelligence community; is Mr. BIDEN. If the Senator will yield, porting an al-Qaida undertaking and that correct? not only the community he worked for, my friend from Maryland was a CIA op- Mr. BIDEN. That is absolutely cor- but the entire community. This Na- erative in that other country, if I were rect. tional Intelligence Officer, who re- to expose the fact that that country Mr. SARBANES. So you don’t have mains nameless because he is under- was cooperating with the CIA, I might policymakers making assertions about cover, did not give his own opinion. He inadvertently disclose who the source intelligence matters that are not sup- gave the opinion of what was the con- of that intelligence is and, by doing so, ported by the intelligence community. sensus of the intelligence community. maybe get my friend killed. Or if that If you stop and think about that, it The Deputy Director of Central Intel- information is picked up by a bugging seems to me that is a very wise rule. ligence, Mr. McLaughlin, said: No, my device placed in a meeting room, if I Otherwise, policymakers can run guy, my CIA officer is right; Mr. were to say on the floor that we have a around making all kinds of assertions Bolton is wrong, and it is wrong to try recording saying that Official A of about intelligence matters, portraying to get him fired. Country A met with al-Qaida, clearly, them as representing the considered In addition to both of these intel- they might be able to figure out how judgment of the Government and, ligence analysts being backed up by we knew that, what the method of therefore, the considered judgment of their bosses at the highest level—one picking up the information was. the intelligence community. That is at INR, the intelligence operation So we are very fastidious in this Sen- the kind of review that the intelligence within the State Department, and one ate—those of us who deal with intel- community—in addition to the sources in CIA—in addition to being backed up ligence matters—not to ever reveal a and methods review—was undertaking by them, they got backed up by the source or a method, and even though to do. policymakers who are their bosses—the the information revealed may not be so As I understand it, it is standard op- Secretary of State of the United States classified that we are told by the Agen- erating procedure for any policy- of America and the Deputy Secretary cy you cannot say this for fear of re- maker—— of State of the United States of Amer- vealing a source or a method of picking Mr. BIDEN. If I may interrupt the ica—both of whom were superior in up this information, we do not disclose Senator, any administration official terms of authority to Mr. Bolton. it. who wishes to purport that he speaks So it is Mr. Bolton who was chastised There is a second type of intel- for the administration, which includes by the Deputy Secretary of State as a ligence, and that is the intelligence the intelligence community, has to consequence of these encounters, be- analysis that says: Syria does not have have his or her statement cleared on cause the Deputy Secretary of State nuclear weapons. That is an analysis that specific point, yes. That is stand- said: Hey, look, John, in addition to by experts in our intelligence commu- ard operating procedure. the analysts being correct, you are no nity who reached the conclusion, from Mr. SARBANES. And that was the longer authorized to make any speech all kinds of sources and methods, that very thing that Bolton not only com- that is not cleared by me; you are no

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5885 longer authorized to give any testi- stand the intercept. He did that 10 Mr. SARBANES. And Senators who mony before the Congress that is not times. are charged with making this very im- cleared by me. Mr. SARBANES. And he got the portant decision about whether this So not only were these analysts name, presumably. nominee should be confirmed for this backed up by their superiors in the in- Mr. BIDEN. To the best of our knowl- very important position. It seems to telligence hierarchy, they were backed edge, he got the name of the American. me clearly relevant in reaching some up by the policymakers. Mr. SARBANES. I understand in try- judgment about the nominee to have Mr. SARBANES. Will the Senator ing to do due diligence on the Bolton this information provided to those who yield for a further question? nomination on the part of the com- have to render the judgment. Mr. BIDEN. Surely. mittee, the very able Senator from Mr. BIDEN. If my friend from Mary- Mr. SARBANES. I apologize if I am , who has had extensive expe- land will further yield, Senator LUGAR, anticipating his statement. As I under- rience on investigatory matters, re- the Republican chairman of the com- stand it, when a policymaker requests quested that we be provided with the mittee, and I received a letter today the transcripts of intelligence inter- names of the that Bolton dated May 25, addressed to both him cepts, let’s say the intercept of a con- had received from the intelligence and me, from the vice chairman of the versation, the documents that are pro- agency; is that correct? Intelligence Committee, saying: It is vided identify the foreign source but Mr. BIDEN. If the Senator will yield, important to note, however, that our they do not usually identify the Amer- that is correct. Not only did I ask that, committee did not interview Mr. ican; is that how it usually works? but the chairman of the committee Bolton, so I am unable to answer di- Mr. BIDEN. Let me restate in my asked that, and it was resolved that we rectly the question of why he—Mr. own words, so the Senator from Mary- were not asking it to be made public, Bolton—felt it necessary for him—Mr. land understands. Let’s assume there is we were not asking those names to nec- Bolton—to have the identity informa- the country of Xanadu and an Amer- essarily be made available to the whole tion—that is, the name of the Ameri- ican is meeting with the President of Foreign Relations Committee, al- cans—in order to better understand the Xanadu. In all probability, an Amer- though that was the chairman’s pref- foreign intelligence contained in the ican official is meeting with the Presi- erence, and ultimately the chairman report. Furthermore, based on the in- dent of Xanadu. The National Security concluded it should not even be pro- formation available to me—the vice Agency—with the ability to intercept vided directly to me or the chairman, chairman of the Intelligence Com- conversations by multiple methods— but it should be made available to the mittee—I do not have a complete un- picks up a conversation, or somebody’s chairman of the Senate Intelligence derstanding of Mr. Bolton’s handling of report of a conversation, between an Committee and the ranking member or the identity information after he re- American and the President of Xanadu. vice chairman of the Senate Intel- ceived it. That gets reported back, based on sub- ligence Committee, and they should de- Continuing quoting: The com- ject matter, to the appropriate officer cide how our committee would review mittee—the Intelligence Committee— within the State Department or the the information. has learned during its interview of Mr. Defense Department who they feel I think the information should be Frederick Fleitz, Mr. Bolton’s acting should know about this conversation provided to me and to Senator LUGAR, chief of staff, that on at least one occa- because maybe the President said to as well, but the way this was parsed sion Mr. Bolton is alleged to have the American: You know, we have out, it was going to be that the Na- shared the un-minimized identity in- right here in our country 47 al-Qaida tional Security Agency was going to formation he received from the NSA operatives. That should go to the per- come and brief the Senate Intelligence with another individual in the State son who has that responsibility. Committee, of which I am no longer a Department. In this instance, the NSA So a lot of stuff went to Mr. Bolton member, and—I thought—tell them the memorandum forwarding the requested because he is the guy in charge of deal- names of these Americans. I might add identity—meaning the memorandum ing with nonproliferation and other further, the reason for that is, there forwarding the names of the Americans matters. He would get these NSA, Na- are unsubstantiated—I emphasize ‘‘un- to Mr. Bolton—to State/INR—that is tional Security Agency, intercept re- substantiated’’—allegations that Mr. the State Department’s intelligence ports. But in order to protect the iden- Bolton may have been seeking the agency—included the following restric- tity of the American, for privacy rea- names of these Americans to seek ret- tion: ‘‘Request no further action be sons, he would get a statement and it ribution; that it may have been intel- taken on this information without would say: On such and such a date at ligence analysts with whom he dis- prior approval of NSA.’’ such and such a time, the President of agreed or policymakers against whom Continuing to quote the vice chair- Xanadu met with an American. They he was trying to make a case in terms man of Intelligence: discussed the following things. Here is of the direction of American foreign I have confirmed with the NSA that the policy. I do not know that to be the phrase ‘‘no further action’’ includes sharing what they said, here is the conversa- the requested identity of U.S. persons with tion. case. The question is why did he need any individual not authorized by the NSA to That is what I understand to be—I the names. receive the identity. know to be—the way in which NSA Mr. SARBANES. It seems to me a Continuing from the Intelligence intercept reports treat a case involving further question is that if Mr. Bolton Committee vice chairman: went back to get those names for some an American. In addition to being troubled that Mr. Mr. SARBANES. It is my under- reason—he must have had a reason for Bolton may have shared U.S. person identity standing that what Mr. Bolton had re- doing so—why the committee, in decid- information without required NSA approval, quested to know, although it was not ing whether to confirm him, should not I am concerned that the reason for sharing revealed when they initially provided have access to that same information the information was not in keeping with Mr. him the intercepts, was who were the so that we are in a position to ascer- Bolton’s requested justification for the iden- Americans in each of these instances; tain what, if anything, may have been tity in the first place. The identity informa- is that correct? in play by these requests. tion was provided to Mr. Bolton based on the Mr. BIDEN. At least in 10 instances. Mr. BIDEN. If the Senator will yield, stated reason that he needed to know the identity in order to better understand the On 10 different occasions, when he got to the best of my knowledge, there is foreign intelligence contained in the NSA re- access to an NSA intercept that men- absolutely no substantive reason why port. tioned ‘‘an American,’’ Mr. Bolton information that was provided to an According to Mr. Fleitz— went back to NSA, and, as I understand Under Secretary of State down the food Mr. Bolton’s acting chief of staff— it—and I ask to be corrected by my chain, and the Under Secretary of Mr. Bolton used the information he was pro- staff—but as I understand it, Mr. State’s staff, to the best of my knowl- vided in one instance in order to seek out the Bolton has to say to the head of NSA: edge, why the information provided to State Department official mentioned in the I want to know more about this inter- them could not be provided to a Sen- report . . . cept, and I want to know the name of ator who has served 28 years, as the It goes on. But my point is, on the the American in order to better under- Senator has, in the Senate. one case that Senator ROCKEFELLER

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5886 CONGRESSIONAL RECORD — SENATE May 25, 2005 knows of, Mr. Bolton apparently vio- cross-pollination on that committee. Mr. ALLEN. Mr. President, if I may lated the restriction which was im- So there is no reason—the Senator ask the Senator from Delaware how posed upon him when he requested the asked why they would deny it. The much longer he expects to be? information, and used that information Senator’s speculation is as good as Mr. BIDEN. I will be about another 12 for a purpose different than he re- mine. It seems to me they can end this to 15 minutes. quested. thing very quickly. The only request Mr. ALLEN. OK. Having said all of that, even the In- being made is that Senator LUGAR, Mr. BIDEN. Mr. President, while my telligence Committee was not provided Senator ROBERTS, chairman of the In- friend from Maryland is here, I want to the names of the Americans, which is a telligence Committee, Senator ROCKE- point out, first of all, the request is critical issue. FELLER, and I sit down in a room on the very limited. We are looking for the Mr. SARBANES. Would the Senator fourth floor of this building that is to- names in 10 reports. It is totally cir- yield on that point? tally secure, have someone from the cumscribed, the request as relates to Mr. BIDEN. Yes, I will. National Security Agency come in and this issue which you so painstakingly Mr. SARBANES. These are the very say: Here are the 10 intercept reports went through, explaining what it was names that were provided to Mr. and the U.S. person names. that worried everybody—and worries Bolton; is that right? I know more about—I will date my- everybody—about Mr. Bolton and the Mr. BIDEN. And his staff, yes. self—I know more about the PSI of an use of intelligence information, even Mr. SARBANES. And his staff? SS–18 Soviet silo, which is highly clas- after he has been proscribed, prevented, Mr. BIDEN. And his staff. sified information. Why am I not able from being able to speak without clear- Mr. SARBANES. But there is a re- to get information in the execution of ance, which is—you and I have been fusal to provide them to the committee my responsibilities under the Constitu- here a long time—fairly remarkable. which now has to make a judgment as tion that is available to a staff member That may have happened to other peo- to whether Mr. Bolton should be con- of an Under Secretary of State? Mem- ple in the State Department. I can’t re- firmed to be the American ambassador bers can guess for themselves. I do not call it happening. to the United Nations? know why. I know it is just not appro- Mr. SARBANES. If the Senator will Mr. BIDEN. If the Senator would priate. yield, this is an Under Secretary of yield, not only a refusal to provide Mr. SARBANES. I thank the Senator State. This is like the No. 4 person in them to our committee that has that for yielding. I just underscore this the Department. responsibility, refusal to provide them raises, I think, very fundamental and Mr. BIDEN. That’s right. Now, after even to the Intelligence Committee difficult questions about how we are that occurs, or in the process of this that is once removed from this proc- supposed to carry out our responsibil- occurring, Mr. Bolton’s Chief of Staff ess—the same information that was ities, in terms of advice and consent, if contacts the CIA on a disputed issue made available to one of several Under we are not allowed to get what appears about what can be said, and says—I Secretaries in the State Department to be relevant information or what don’t know if you were here when I and his staff. might well be relevant information. said this. To tell you the truth, I Mr. SARBANES. Well, what ration- The request is fairly limited, as I un- thought I knew all this, but I was sur- ale is advanced, if any, for this back- derstand it, in terms of what is being prised when my staff pointed this out. handed treatment of the institutions of sought. It seems to me that informa- Mr. Bolton’s acting Chief of Staff said the Senate, these two important com- tion ought to be provided to the Sen- Mr. Bolton wanted to make a state- mittees, the Intelligence Committee ate, or the appropriate agents or or- ment on Cuba, and they didn’t want to and the Foreign Relations Committee, gans of the Senate, in order to put us let him make that statement. both of which are trying to conduct into a position to at least address that Mr. Bolton’s staff gets back to the due diligence on this nominee? aspect of this situation. CIA and says: Several heavy hitters are I might say to my colleague, I re- involved in this one, and they may There are many other aspects of the member when we held the nomination choose to push ahead over your objec- Bolton situation that I want to speak hearings for John Negroponte and tions and the objections of INR, unless to later. But this one, it seems to me, . That investigation there is serious source and method con- is clearly an instance in which we are went over an extended period of time cerned. simply being blocked or frustrated and probed very deeply. The end result, Remember, going back to our discus- from having information which is im- of course, was that questions that had sions? portant to us carrying out our task, been raised were answered satisfac- Mr. SARBANES. Yes. torily, and the body was able to come and is in such contrast with the inquir- Mr. BIDEN. Then he, this staff mem- to a consensus about those nominees. ies that were made about other nomi- ber, goes and contacts the CIA and I cannot think of a rationale that can nees to be U.S. Ambassadors to the says: You know, we would like to be offered that would warrant a with- United Nations. Of course, I mentioned change the ground rules. We can say holding of this information. two of those. The inquiries there went the intelligence community thinks the Mr. BIDEN. There is no institutional, over quite a sustained period of time. following, even if you disagree. We constitutional, or previously asserted We heard these complaints that don’t have to clear it with you. The rationale that has been offered in deny- Bolton is being held up. His nomina- only thing we have to clear with you is ing access of the Intelligence Com- tion only came to us in March, I be- whether or not we are exposing a mittee or, for that matter, the Foreign lieve, of this year—March. Ambassador source or a method. Let’s have that Relations Committee chairman and Holbrooke was nominated in June of new deal. ranking member to this information. I 1998. He was finally confirmed in Au- Mr. SARBANES. Of course, that rep- do not remember the exact quote. It gust of 1999. In the interim, these ex- resented a sharp departure from pre- may apply to the information we are tensive investigations were run. I do vious practice. seeking on Syria—I am not sure—say- not have the exact dates on Ambas- Mr. BIDEN. A complete departure. ing that they did not think it was rel- sador Negroponte, but I know that pe- But the point I am trying to make is evant, but I do not recall. riod of time extended well beyond what he keeps pushing the envelope, he I say to my friend from Maryland, is already involved with respect to keeps pushing the envelope. there was no assertion on the part of John Bolton. Mr. SARBANES. I take it, if the Sen- the NSA, that I am aware of, that as- Mr. BIDEN. If the Senator will yield, ator will yield—I take it this is of such serted that it was executive privilege I think Negroponte was nominated in importance now because we are dealing or even that it was extremely sen- May and confirmed in September. with this problem as to whether intel- sitive. We have access to incredibly Mr. SARBANES. Well, there you are. ligence is being misused. sensitive information. That is the rea- That underscores the point I am trying Mr. BIDEN. Yes. son we have an Intelligence Com- to make. Mr. SARBANES. Decisions are being mittee. That is the reason we on the I thank the Senator for yielding. made by policymakers that reflect Foreign Relations Committee have Mr. BIDEN. Let me continue. their policy attitude—

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5887 Mr. BIDEN. Right. And then the No. 2 man at the State CIA types, the INR types, to come into Mr. SARBANES. Not substantiated Department, a former military man his office—he calls them into his office, or backed up by the findings of the in- himself, says: By the way Mr. Bolton, and I guess he got called away and telligence community. We have been no more speeches by you unless I sign could not attend. But his staff says: through this issue. It seems to me a off on them. The boss wants to make it clear there critically important issue. Now we are going to take this guy, are only two things he wants to hear Mr. BIDEN. Right. I would argue it is we are going to send him to the single from you. If he wants to say the Moon being pushed by a person whom every- most important ambassadorial spot in is made of green cheese, the only thing one would acknowledge is an ideologue, all of America’s interests, and to make he wants to hear from you is: You can- or at least confirmed in what his views us feel confident, the Secretary of not say that because you will give are and who seeks facts to sustain his State says: Don’t worry, we will super- away the fact that we have eyes. We opinion. vise him. have a source and a method that we do Look, the big difference, I say to my Come on. not want to release. Or he wants to friend from Maryland, is that every Mr. SARBANES. Will the Senator hear from you how we can bolster the time he tried to do that, repeatedly yield on one other point I would like to argument that the Moon is made of tried to do that in his job, his present make? green cheese. But he does not want to job—every time he tried to push the Mr. BIDEN. Please. hear from you if he is wrong. He does envelope, every time he tried to intimi- Mr. SARBANES. First of all, I want not want to hear from you if you do date, fire, cajole an intelligence officer to pay tribute to the intelligence ana- not believe the Moon is made of green to change his reading to comport with lysts and their superiors who stood up cheese. That is none of your business. his prejudice, there was somebody to this pressure to which the Senator has referred. They were put in an ex- He does not want to hear that. there to intervene to stop him beyond Look, I don’t know how you define an the intelligence officer. There was the tremely difficult situation, and they performed admirably. ‘‘ideologue.’’ intelligence officer’s boss, the deputy Mr. SARBANES. That is a pretty head of the CIA; the head of INR; the It is asserted by some that no harm resulted from the pressure Mr. Bolton good definition. Deputy Secretary of State, the No. 2 Mr. BIDEN. I think it is pretty close. man; the Secretary of State. That was and his staff were placing on these peo- ple because they did not do what Mr. It is like that famous expression in a bad enough. different context of Justice Holmes. He But now where is Bolton going? Bolton wanted them to do. said prejudice is like the pupil of the Bolton is going to be the equivalent of That seems to me to be an upside eye. The more light you shine upon it, the Secretary of State at the U.N. down argument. The fact that they had the tighter it closes. Bolton has, I don’t know how large the the strength to resist this is a tribute to them, but it is certainly no excuse It seems the more information you embassy is, but a very large contingent gave Mr. Bolton that conflicted with of Americans working for him in New for Mr. Bolton and his staff engaging in his predetermined ideological notion, York City—I am told there are about this behavior. And the fact they re- the less he wanted to hear it. If you 150 people there. No one, in that oper- sisted—which is a credit to them—is persisted in giving it to him, which was ation, can control the day-to-day, mo- still a detriment to Mr. Bolton and his your job, he would try to get you fired. ment-to-moment assertions he is mak- staff for engaging in this practice. So the argument that Mr. Bolton and This is not a minor deal. At the very ing. No one can say: You cannot do moment when whoever we have as our that, John. He’s his own boss. his staff did not succeed in their efforts ambassador to the United Nations is Now there is only one person who can does not absolve them of responsibility going to be the man, unfortunately, or do that. Well, the President can always for having tried. do that. There is only one other person Mr. BIDEN. It is as though I try to woman, who will have to stand up be- who can do that, and that is the Sec- rob a bank and it turns out they fore the whole world and say, We have retary of State. shipped all the money out and there evidence that North Korea is about to Go back to the comment our friend was no money there. I walk out and I do the following; or, We have evidence from Ohio made, our Republican friend, get arrested. I say: Wait a minute, no that Iran has pursued their nuclear op- in the committee. He said, when he harm, no foul, I didn’t get any money. tion to a point they are violating the spoke to the Secretary of State, she I went in to rob the bank, that is true, NPT—let me ask the Senator, are we said, and I am paraphrasing: Don’t but I didn’t get any money. So what is going to send John Bolton to a place worry. We will control him. Acknowl- the problem? What is the problem? where we have already squandered our edging that even though you are send- Look, I told you about Mr. Bolton’s credibility by saying something that ing this guy up to what has been a Cab- staff, I assume with Mr. Bolton’s au- we did not know, or saying things we inet-level position, another Cabinet- thority, trying to get the intelligence thought we knew that were wrong, are level officer is going to have to control community to change the groundrules. we going to send John Bolton up to be him. I would respectfully suggest our I gave the one example. the guy to make a case relating to our Secretary of State has her hands full as There is a second example. He did not national security? it is, without having to babysit Mr. just do this once. The e-mail I just de- I ask my friend a rhetorical ques- Bolton so he doesn’t get America in scribed was not a one-time event. tion—if, in fact, we fail to convince the trouble—America; I don’t care about Later, Mr. Bolton’s staff informed the Security Council, if we fail to convince John Bolton; I don’t even care about intelligence community they wanted our allies and those with a common in- the U.N. in this regard; I care about to change the rules for the review of terest that a threat exists and they do America. Mr. Bolton’s proposed speeches and to not come along, what are our options? This isn’t complicated. Anybody can have the CIA and the intelligence com- Our options are to do nothing about it figure this out. Everybody acknowl- munity limit their objections only to or to act alone. That is what I mean edges this guy is a loose cannon. Ev- matters related to the source and when I say I am concerned about U.S. erybody acknowledges this guy has methods. They go on, in one meeting interests. done things that, if he were able to do with intelligence analysts—a meeting There is a story I first heard from them unfettered, not overruled, would Mr. Bolton called but he was unable to Zbigniew Brzezinski that I have used have at least raised the ante in the ten- attend at the last minute—his staff in- many times since. The Senator knows sion and the possibility of conflict with formed the assembled analysts that it as well. During the Cuban missile at least Syria and Cuba, among other Mr. Bolton wanted to hear only con- crisis, the very time when Adlai Ste- places. And everybody acknowledges cerns relating to sources and methods venson stood up and said, don’t tell me that he so far stepped out of line in the from them or ideas that would that, we know the President of the State Department that the Republican strengthen his argument. But if his ar- United States, John Kennedy, des- head of the State Department, Colin guments were merely wrong, he did not perately needed—although we could Powell, had to go down to analysts and want to hear about it. have done it alone—desperately needed say, basically: Don’t pay attention to Got that? I am not making this up. the support of the rest of our allies in him. You did the right thing. He, Bolton, calls the meeting of the the world for what we were about to do,

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5888 CONGRESSIONAL RECORD — SENATE May 25, 2005 confront the Soviet Union. And he sent phrases—he referred to Bolton as a of a different party. But do not take former Secretary of State Dean Ach- ‘‘lousy leader.’’ And he told the com- my word for it. Listen to Tom Hub- eson to Paris to meet with then-Presi- mittee that he—Wilkerson had an bard, referred to by the chairman ear- dent Charles de Gaulle. I am told this open-door policy. Some Senators and lier today. Mr. Hubbard is a retired is not an apocryphal story; it is his- others have that policy. They literally Foreign Service Officer whose last post torically accurate. Acheson walked in keep their door open so anyone in the was as Ambassador to South Korea. to the Presidential palace, the Presi- organization can feel free to walk in During our hearing on April 11, Senator dent’s office, and made his case. Then, and say what is on their mind. He said CHAFEE asked Mr. Bolton about a after making his case, allegedly, he his open-door policy—this is the chief speech that Mr. Bolton gave in Seoul, leaned over to pick up the satellite of staff for the Secretary of State—he South Korea, in 2003. photographs to show President de said his open-door policy led to a Let me give you some context. This Gaulle that what he spoke of was abso- steady stream of senior officials who was on the eve of the President’s ini- lutely true, and he had pictures to came into his office to complain about tiative to begin what is referred to as show it. Mr. Bolton’s behavior. the Six-Party Talks: the two Koreas, At that moment, paraphrasing, to Listen to John Wolf, a career Foreign Japan, Russia, the United States, and the best of my knowledge, de Gaulle Service Officer for 35 years, who China—a very delicate moment. Mr. put up his hands and said: You need not worked under Mr. Bolton as the Assist- Bolton has made it clear, in many show me the evidence. I know Presi- ant Secretary of State for Non- speeches he has made, what he thinks dent Kennedy. And I know he could proliferation. Mr. Wolf said that Mr. of Kim Jong Il, and that is not inappro- never tell us anything that could take Bolton blocked an assignment of a man priate. And he has made it pretty clear us to war that wasn’t true. he—Mr. Wolf—described as a ‘‘truly that he rejected the idea proffered by Do you think there is anyone, any- outstanding civil servant,’’ some 9 me, and I believe even by Senator one, anyone—including our own delega- months after that civil servant made LUGAR, and by other Senators here, tion in the United Nations—who would an inadvertent mistake. several years ago that we should talk accept an assertion from John Bolton And Mr. Wolf says that Mr. Bolton to the North Koreans—not negotiate, on the same grounds? asked him to remove two other offi- talk with them—and find out what it Now, my friend, the chairman and cials because of disagreements Mr. would take to make a deal and let others, will argue: Well, Joe, if it is Bolton had over policy, and that Mr. them know what our bottom line was. that critical, he will not be making the Bolton ‘‘tended not to be enthusiastic Mr. Bolton is not the architect of, case. That is probably true. It may be about alternative views.’’ but a disciple of, the policy of con- the Secretary of State making the If that is not a quintessentially State taining and putting the North Korean case, who has great credibility. It may Department, career Foreign Service Of- regime in a position where he thinks if be the President of the United States. ficer phrase: he ‘‘tended not to be en- enough pressure is put on them they But there are a thousand little pieces thusiastic about alternative views.’’ would topple. And we are going back to that lead up to building coalitions that Listen to Will Taft, a man whose when he was making a speech in Seoul, relate to our self-interest, based upon name became known here in the inves- South Korea, in 2003, on the eve of the an ambassador privately sitting with tigations relating to Abu Ghraib and first Six-Party Talks. another ambassador and assuring him the treaties that were discussed about The speech was filled with inflam- that what he speaks is true. the treatment of prisoners. Mr. Taft matory rhetoric, even though it may This is absolutely the wrong man at served in the State Department as be true, about the North Korean lead- the wrong time for the most important legal adviser under Secretary Powell ership. The result of him having given job in diplomacy that exists right now. during the tenure of Mr. Bolton. And the speech was that the talks were al- Mr. President, I ask my colleagues, is before that, he was general counsel in most scuttled. John Bolton a man in the tradition of two other Government Departments, as Mr. Bolton, in reply to Senator Adlai Stevenson or Jack Danforth or well as Deputy Secretary of Defense, CHAFEE of our committee regarding any number of people I can name? and formerly an ambassador to that speech, said: There is a third reason to oppose Mr. NATO—significant positions. I can tell you [Senator] what our Ambas- Bolton. Mr. Taft told our committee he had sador to South Korea, Tom Hubbard, said This is one that has animated the in- to take the extraordinary step of going after the speech. terest and concern of my friend from to his boss—Mr. Taft’s boss—to rein in Meaning his speech. Ohio even more than it has me; and Mr. Bolton after Bolton refused to He said [to me], ‘‘Thanks a lot for that that is, that Mr. Bolton engages in work with the State Department attor- speech, John. It’ll help us a lot out here.’’ abusive treatment of colleagues in the ney on a lawsuit in which the State De- Got this, now: He makes what is State Department, and he exercises fre- partment was a defendant. termed an inflammatory speech. He is quent lapses of judgment in dealing This resulted—I will skip a little bit asked: Wasn’t that inflammatory, and with them. here—this incident caused the Deputy didn’t that cause us real trouble in pur- Again, do not take my word for it. Secretary of State, Mr. Armitage, to suing the foreign policy objectives of Carl Ford, the former Assistant Sec- write to Mr. Bolton a memo reminding the President to get these talks under- retary of State for Intelligence, de- him that the rules applied to him, as way? And Bolton, in effect, says: No. scribed Mr. Bolton—and I am using well as others in the State Depart- And then the Senator, in effect, says: Carl Ford’s colorful language, I guess it ment, and that he was required—Mr. Well, didn’t our Ambassador to South is an Arkansas expression; he is from Bolton was required—to work with Korea think it was damaging? And he Arkansas—he said Mr. Bolton is a State Department lawyers. says: No. He not only didn’t think it ‘‘quintessential kiss-up, kick down There is a fourth reason, beyond his was damaging, he said to me: ‘‘Thanks kind of guy.’’ treatment of individuals—and I could a lot for that speech, John. It’ll help us He also objected, Mr. Ford did, in go on for another hour citing examples a lot out here.’’ strong terms, to the treatment of one of his alleged mistreatment of subordi- Now, you would draw from that ex- of his subordinates, Mr. Westermann. nates and colleagues at the State De- change that this speech was totally He said: partment and in other endeavors— consistent with the administration’s Secretary Bolton chose to reach five or six there is a fourth reason that, all by policy, that it was something that was levels below him in the bureaucracy, bring itself, would justify Mr. Bolton not helpful, and that Bolton was doing a an analyst into his office, and give him a being confirmed; and that is, Mr. good job. tongue lashing. . . . he was so far over the Bolton gave testimony to the Foreign Now, we didn’t call Ambassador Hub- line that [it’s] one of the sort of memorable Relations Committee under oath that bard. I may be mistaken, but I think moments in my 30-plus year career. at best was misleading. the Republican majority staff got a Listen to Larry Wilkerson, Secretary Again, do not take my word for it. It call from Mr. Hubbard, the former am- Powell’s chief of staff, who referred to is true that I think Mr. Bolton should bassador to South Korea, who I guess Mr. Bolton—I am not making up these not go to the United Nations, and I am saw this on C–SPAN. I don’t know what

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5889 exactly prompted it. Maybe he read it more, there are not many jobs left for dent had taken another look at this in the newspaper. And he says: I want you. This guy’s expertise was dealing and found us someone—I am not being to talk to you guys. And in an inter- with chemical and biological weapons. facetious and I am not the first one to view which was totally appropriate, Mr. Bolton wanted him taken off the say this, I say to my friend from Vir- without minority staff there, he paints case. ginia, the single best guy we could send a very different story, accurately re- As a lawyer, Mr. Bolton surely knows to the United Nations right now at this ported by the majority staff. that civil servants have job protections critical moment is former President Ambassador Hubbard remembers that and can’t be readily fired. By asking Bush. I cannot think of anybody better. little exchange about the Bolton 2003 repeatedly that this man be moved He would get absolutely unanimous speech on the eve of the Six-Party from his established area of expertise, support on this side of the aisle. Talks quite differently. The day after he was endangering the man’s career Mr. Bolton is no George Herbert the committee hearing, Hubbard volun- and sending a message of Walker Bush. I guess not many people tarily contacted the committee to that was heard loud and clear through- are. But this guy should not be going make clear that he disagreed at the out the Intelligence and Research Bu- to the U.N. time with the tone of the speech and reau. Mr. Bolton did not have the hon- I yield the floor. thought the speech was unhelpful to esty or the courage to admit that fact The PRESIDING OFFICER (Mr. MAR- the negotiating process and—this is the to the Foreign Relations Committee. TINEZ). The Senator from Virginia is important part—and that he, Bolton, Where is this straight talker we hear recognized. surely knew that, that I, Hubbard, so much about? Mr. WARNER. Mr. President, in the thought it was unhelpful and was dam- The President has said that in his years I have been privileged to serve in aging. second term, one of his priorities is ‘‘to this Chamber, I have so thoroughly en- Hubbard then told the Los Angeles defend our security and spread freedom joyed working with my good friend Times that although he had talked to by building effective multinational and from Delaware. We have done a lot of Mr. Bolton and thanked him for remov- multilateral institutions and sup- things together. I listened carefully to ing from his speech some of the attacks porting effective multilateral action.’’ his framework and remarks. I respect- on South Korea. Remember this now, If this is a serious objective, he sure is fully disagree, and I will so state my the speech was about North Korea. The sending the wrong man to put together reasons momentarily. only thing the ambassador was able to these kinds of coalitions. But I wondered if we could discuss for convince Bolton to do was take out It is manifestly not in our interest to a few minutes the following. Before we some of the stuff that attacked our send John Bolton to the United Na- start, I think it would be advisable for ally South Korea, whom, I might note tions. both sides to have from the Presiding parenthetically, if, God forbid, there is It is not in our interest to have a per- Officer the time remaining on both a war, we need on our side. We have son who is ‘‘a lousy leader’’ in charge sides for the record, so Senators listen- 30,000 American troops there. Bolton is of a mission of 150 professionals who ing will have an idea. making a speech characterized as an need leadership. The PRESIDING OFFICER. The ma- inflammatory speech about North It is not in our national interest to jority has 116 minutes remaining of Korea and is going to attack our ally have a conservative ideologue who time, and the minority has 64 minutes. South Korea, as well. doesn’t listen to others trying to re- Mr. WARNER. I thank the Chair. And our ambassador says: Please build frayed alliances at the United Na- Mr. BIDEN. Parliamentary inquiry: don’t do that stuff about South Korea. tions. Is that for today? And so Hubbard says: It is true. I It is not in our national interest to The PRESIDING OFFICER. Yes. thanked him for removing some of the have a man with a reputation as a Mr. BIDEN. And there is additional attacks he was about to make on bully trying to construct coalitions time tomorrow, is that correct? South Korea. necessary to achieve U.N. reform. The PRESIDING OFFICER. That is Then he went on to say, but ‘‘it’s a It is not in our interest to have some- correct. gross exaggeration to elevate that one with a reputation for taking Mr. BIDEN. I thank the Chair. [statement] to praise for the entire factoids out of context, exaggerating Mr. WARNER. Mr. President, to my speech and approval of it.’’ intelligence information, as our good friend from Delaware, one of the I don’t know how you can comport spokesman in New York during the cri- interesting aspects of what has oc- how those two statements work out. ses to come with Iran and North Korea, curred in the Senate over the last week Bolton saying: Remember that the am- when we will have to convince the or so is an impetus to go back and do bassador said, thanks a lot for that world to take action to stop nuclear a lot of historical research. I went back speech, John. It helps us a lot out here. weapons programs. and looked at the Articles of Confed- And the ambassador is saying that Mr. Is this the best the President of the eration and the Founding Fathers and Bolton knows better. That is a gross United States can do? Is this the best what they had to say about this provi- exaggeration. among the many tough-minded, articu- sion of advise and consent in the Con- In other testimony, Mr. Bolton fre- late, conservative Republican foreign stitution. quently tried to claim he had not policy experts? It is interesting. I was very taken sought to fire or discipline the INR in- The record presented by the Foreign aback with how they went about modi- telligence analyst, Mr. Westermann. Relations Committee is clear. The doc- fying. If the Senator and others will in- He said: uments we have uncovered; the inter- dulge me, I would like to discuss that I never sought to have [him] fired. views with those who had to pick up for a moment or two because I think it the pieces at INR and CIA, in the office poses a question I would like to put to He later said: of the Secretary of State, and in South my good friend. That begins at this I, in no sense, sought to have any dis- Korea; the testimony of former Assist- juncture. cipline imposed on Mr. Westermann. ant Secretary of State Carl Ford, a You may ask why it is particularly And finally, he said: conservative Republican; all of this appropriate for the Senate to be in ex- I didn’t try to have Mr. Westermann re- record has given us clear warning that ecutive session today, because on this moved. Mr. Bolton is the wrong man for this day in 1787, 218 years ago, our Founding This is incredibly disingenuous. It is job. Fathers of the United States Constitu- just not true. The record is clear that Mr. Bolton’s nomination is not—I tion first reached a quorum so that the Bolton sought on three occasions that I emphasize ‘‘not’’—in the interest of the Constitutional Convention could draft referenced earlier to have Mr. United States of America. I don’t know our Constitution and they could pro- Westermann removed from his position that I have ever said this before on the ceed. It took several years to get it and given another portfolio. And by the floor, but I believe that if this were a done. George Washington had been way, you don’t get another portfolio. If secret ballot, Mr. Bolton would not get calling for such a convention for years, the only job you do in a restaurant is 40 votes in the Senate. I believe the but it was not until this day, 218 years cook and they say you can’t cook any- President knows that. I wish the Presi- ago, that the convention finally began.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5890 CONGRESSIONAL RECORD — SENATE May 25, 2005 From May 25, 1787, straight through tion, is given greater latitude in select- that the Founders decided—this is the the summer, 55 individuals gathered in ing individuals to serve in the execu- only reason this got resolved—that the Philadelphia to write our Constitution. tive branch of Government. This is in great State of Virginia with, I think, It was a hot summer, with long and ar- recognition of the fact that the Con- the first or second largest population duous debate, and many drafts went stitution treats Senate-confirmed exec- at the time, could only have two Sen- back and forth. Careful consideration utive branch nominees far differently ators, and the small State of Delaware was given. Finally, in mid-September, than Senate-confirmed judges. would have two Senators. That was the it was over. It was a monumental In contrast to Federal judicial nomi- Compromise. That is what achievement, one that would enable nees who, once confirmed under the it was about. the United States today, 200-plus years Constitution, serve a lifetime appoint- The reason it came about was that is later, to become the oldest, continu- ment in the third branch of Govern- they wanted to make sure that the mi- ously surviving republic form of Gov- ment, independent of the President, ex- nority would be able to be protected. ernment on Earth today. ecutive branch nominees serve under He used the phrase—and I compliment I mention all this because one of the the President solely at the pleasure of and associate myself with my friend key compromises our Founding Fa- the President. That phrase, ‘‘at the from Virginia; I know that is not why thers made throughout the Constitu- pleasure of the President,’’ is para- he sought recognition and why he tional Convention was with respect to mount. This time-honored phrase, ‘‘at asked the question, but what he did the advise and consent clause. Our the pleasure of the President,’’ has yesterday with Senator BYRD is what Framers labored extensively over this been used by Presidents throughout Alexander Hamilton was talking section of the Constitution, deferring American history to show the Amer- about—Alexander Hamilton in Fed- final resolution of the clause for sev- ican people that the President is the eralist 76 used the following phrase in eral months. Some of the Framers ar- final arbiter of accountability for exec- rebutting the argument that the Presi- gued that the President should have utive nominees. dent would be able to pressure the Sen- total authority to appoint. Others I say that because I have fought hard ate. He said there will always be a suf- thought both the House of Representa- here recently to deal with this question ficient number of men of rectitude to tives and the Senate should be involved of the judicial nominees, along with prevent that from happening. The Sen- in the process. Ultimately, a plan that some others. I am not here to seek ator from Virginia demonstrated yes- was put forth by James Madison—if I whether we did right or wrong; history terday that there always is a sufficient may say proudly—of Virginia, won the will judge that. But it was a magnifi- number of men of rectitude—he and day, where the President would nomi- cent experience to go back and study Senator BYRD—in averting a showdown nate judges and executive nominees, the process and listen to many schol- that may have literally, not figu- and the Senate would reject or confirm arly people and to read extensively. ratively—— them. But it is clear to me there is a dif- Mr. WARNER. Together with 14 in In Federalist Paper No. 76, in 1788, ference between the judicial nominee total. Alexander Hamilton explains in detail who goes for life on the third inde- Mr. BIDEN. It is true. exactly why this compromise was so pendent branch—independent of Con- Mr. WARNER. Coequal. important. Let me read a portion of gress and the executive branch—and Mr. BIDEN. The Senator from Vir- Hamilton’s quote: the President’s right to select those in- ginia, Mr. WARNER, and Senator BYRD It has been observed in a former paper that dividuals who he, together with his fel- were the catalyst that came along and ‘‘the true test of a good government is its ap- low Cabinet officers and others in the rescued something that had been at- titude and tendency to produce a good ad- administration, feels are best suited to tempted and written off, at least by the ministration.’’ If the justness of this obser- do the job. Would you agree there is a six Democrats with whom I had been vation be admitted, the mode of appointing difference in that? I yield for the pur- talking, as failed until the two of them the offices of the United States contained in pose of answering the question. came along. This in no way is to deni- the foregoing clauses must, when examined, Mr. BIDEN. Mr. President, I will an- grate the significant efforts of the oth- be allowed to be entitled to particular com- mendation. It is not easy to conceive a plan swer the question. Let me say to my ers. better calculated than this to promote a ju- friend that regarding Federalist No. 76, Mr. WARNER. The leadership of Sen- dicious choice of men for filling the offices of I suffer from teaching the subject. For ators MCCAIN, BEN NELSON, and every- the Union. the last 16 years, I have taught a body else. I presume he wasn’t looking into the course in the separation of powers. I Mr. BIDEN. The reason I say this is future, so I will add ‘‘women.’’ wrote a treatise, an entire book, on that, in the debates in the Constitu- Today, this great compromise can be this subject. There is another phrase in tional Convention on this nominating found, unmodified, in article II, section Federalist No. 76 the Senator didn’t process, on three occasions I believe it 2 of the Constitution. This section of read that I think is appropriate to was Governor Wilson of — the Constitution reads in part as fol- mention. I am not positive of that—proposed a lows: Federalist No. 76 was about the motion that the President of the The President shall nominate, and by and issue—remember, Papers United States should have the power with the Advice and Consent of the Senate, were trying to convince a public that alone to appoint his Cabinet and infe- shall appoint . . . public Ministers and Con- didn’t have a television set or a radio rior officers in the court. It never got, suls, Judges of the supreme Court, and all that their legislative body should rat- to the best of my knowledge, more other Officers of the United States. . . . ify the Constitution. It was sort of than seven votes. The only consider- Thus, the Constitution provides a pamphleteering. That is what they ation that almost passed twice was role for both the President and the were doing. They were taking argu- that only the Senate, without the Senate in this process. The President ments against the Constitution and President even in on the deal, could has the responsibility to nominate, and framing them, setting them up, knock- make those appointments. If we look the Senate has the responsibility to ing them down, and making the case. at the constitutional history, the render advice and consent on the nomi- The issue in Federalist No. 76 was President was an afterthought in the nation. whether the President would have nominating process. That is what While article II, section 2 of the Con- undue influence on the Senate. Would Madison’s notes show. That is what the stitution doesn’t explicitly make a dis- he not be able to pressure the Senate history of the debate in the State legis- tinction between the Senate’s role with because he was chief executive officer? lative bodies shows. respect to executive branch nominees Hamilton said: Don’t worry about that. So here we are, the Connecticut Com- and judicial nominees of the other He went on to explain that there could promise comes along guaranteeing that branch of Government, the tradition of be no better system than the one that small States will be able to have an im- the Senate, in recognition of the Con- was arrived at. pact on these choices, but go back and stitution, dictates otherwise. The compromise he is talking about, look, and I think it is Federalist 77—do Traditionally, a President, especially by the way, is the Connecticut Com- not hold me to that—but it is Hamil- after taking office following an elec- promise. It was not until shortly before ton’s treatise on why there was a need

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5891 to have the Senate involved in choos- friend from Delaware speaks as a mat- in the private sector. Most recently, he ing not only judges but appointments ter of clear conscience—I speak as a has served for the past 4 years as the to the Federal Government. There was matter of clear conscience. Under Secretary of State for Arms the fear that what happened in the Mr. BIDEN. If the Senator will yield, Control and International Security Af- British Parliament would be repeated; I am confident that is true about the fairs. In that capacity, Secretary that, in fact, the King and the leaders Senator. Bolton worked to build a coalition of of the majority would appoint incom- Mr. WARNER. Correct, and we have a over 60 countries to help combat the petent people, such as their brothers- difference of views as it relates to our spread of weapons of mass destruction in-law, their friends, to be surrounding conscience. through the Proliferation Security Ini- them in their Cabinets, in the lesser of- Mr. BIDEN. If the Senator will yield, tiative, PSI. He was a leader in cre- fices of the Federal Government. I respect that difference. ating the G–8 Global Partnership, So it was a genuine concern and a Mr. WARNER. I thank my friend. I which invited other nations to support clear understanding—I think the would also go back to Federalist 76 and the Nunn-Lugar nuclear threat reduc- phrase in Federalist 76 is; this is off the read the following provision dated tion concept. As a result, many other top of my head—if by this we are lim- Tuesday, April 1, 1788, author Alex- nations are now participating with the iting the President, so be it; that is our ander Hamilton: United States in helping to eliminate intention. The President is ‘‘to nominate, and, by and and safeguard dangerous weapons and To the specific question, yes, there is with the advice and consent of the Senate, to technologies which remain in the coun- more deference given to the President appoint ambassadors, other public ministers tries of the former Soviet Union. of the United States in the appoint- and consuls, judges of the Supreme Court, Previously, John Bolton has served ment of his Cabinet than there is to his and other officers of the United States whose as Assistant Secretary of State for appointments are not otherwise provided for appointments to the Supreme Court, International Organization Affairs, as in the Constitution. But the Congress may an Assistant Attorney General in the district court, any lower court, or any by law vest the appointment of such inferior Department of Justice, and many years other appointed office in the Govern- offices as they think proper in the President ago he held several senior positions in ment. But the single exception that alone, or in the courts of law, or in the heads the Agency for International Develop- was intended by the Framers, if you of departments. The President shall have the power to fill up all vacancies which may hap- ment. He has also had a distinguished read what they said, in terms of even legal career in the private sector. appointing those around him, if the pen during the recess of the Senate, by granting commissions. . . . It is no secret that Mr. Bolton has at persons he would pick, notwith- times advocated or represented posi- standing that they would reflect the This is the operative paragraph to which I wish to refer: tions which have sparked controversy. President’s political views, if the ap- He has done so with a frankness and as- pointment inures to the detriment of It has been observed in a former paper that sertiveness that demonstrate his the United States, they should be op- ‘‘the true test of a good government is its ap- titude and tendency to produce a good ad- strongly held beliefs. As the Senate posed. considers this nomination, we should There have not been many occasions ministration.’’ I said that. keep in mind the words of Secretary when I have opposed nominees to the Rice. She stated: If the justness of this observation be ad- President’s Cabinet or Cabinet-level The President and I have asked John mitted, the mode of appointing the officers positions, and I imagine there have not Bolton to do this work because he knows of the United States contained in the fore- been many my friend from Virginia has how to get things done. He is a tough-minded going clauses, must, when examined, be al- diplomat, he has a strong record of success opposed. But I opposed two in the Clin- lowed to be entitled to particular com- and he has a proven track record of effective ton administration. I opposed one in mendation. It is not easy to conceive a plan the Carter administration. I think I op- multilateralism. Secretary Rice concluded better calculated than this to promote a ju- her remarks by saying, and I quote again: posed two in the Reagan administra- dicious choice of men for filling the offices of John, you have my confidence and that of tion. In each case, my opposition—and the Union; and it will not need proof, that on the President. this would be only the second one I this point must essentially depend the char- acter of its administration. Given the enormity of problems fac- have opposed in this administration—is ing the U.N. today, we have an obliga- Mr. President, our distinguished because the appointment of that indi- tion to send a strong-minded individual President has served in office 4 years. vidual, notwithstanding the fact that to help constructively to solve these He was reelected with a clarity by the he or she is the choice of the President, problems and to build the confidence of votes. He is now putting together his would have the effect of negatively af- the American people in the U.N. fecting the standing, security, or well- administration for these coming years. I share the President’s and the Sec- being of the United States. The nomination of John Bolton, with retary’s belief that John Bolton will So there are exceptions, and I would whom I have had considerable experi- enthusiastically advance the Presi- argue Mr. Bolton, as my friend from ence in work, in whom I have a strong dent’s goal of making the United Na- Ohio, I suspect, is going to make a sense of confidence—he has chosen this tions a stronger, more effective inter- compelling case, falls into the category individual, I might say by and with the national organization. of, yes, the President gets who he consent of his Secretary of State, a I urge my colleagues to support this wants, unless the appointment of that very able and most credible individual, nomination and to send Mr. Bolton to person would inure to the detriment of in my experience, in working with the the U.N. to represent our Nation and to the United States. distinguished current Secretary of advance the President’s agenda of re- That is the central point I am trying State. form. Such reform is necessary to re- to make. I understand my friend does The President, together with his store American confidence in the U.N. not agree with me, but I honestly be- principal Cabinet officers, has put to- and to ensure that the U.N. will remain lieve Mr. Bolton going to the U.N. will gether an extraordinary national secu- a vital and respected international or- inure to the detriment of the United rity team. John Bolton will be a valu- ganization in the years to come. States, notwithstanding the Presi- able addition to this team. Mr. President, I ask unanimous con- dent’s judgment that it would not do The President and his Secretary of sent to print in the RECORD two arti- that. State, Condoleezza Rice, have been cles from and the Mr. WARNER. Mr. President, I thank clear in their belief that John Bolton Washington Post with regard to the my colleague for the colloquy. We did has the experience and skills to rep- Bolton nomination. settle clearly that greater latitude is resent the United States at the United There being no objection, the mate- given to the President. Nations and to carry out the Presi- rial was ordered to be printed in the Mr. BIDEN. That is right; I acknowl- dent’s priorities to strengthen and re- RECORD, as follows: edge that. form the United Nations. I agree with [From the New York Times, May 11, 2005] Mr. WARNER. And the Senator from the confidence they place in this nomi- THE BEST MAN FOR THE JOB Virginia does not infer that latitude is nee. (By James A. Baker III and III) a rubberstamp, that everyone goes John Bolton has had a long and dis- The image that critics are painting of John through. Clearly—and I know my good tinguished career in public service and Bolton, President Bush’s nominee to be our

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5892 CONGRESSIONAL RECORD — SENATE May 25, 2005 representative at the United Nations, does Nations lest it see its moral stature dimin- tions, it’s time we were represented by some- not bear the slightest resemblance to the ished and its possibilities squandered, we one with the guts to demand reform and to man we have known and worked with for a need our permanent representative to be a see that whatever changes result are more quarter-century. person of political vision, intellectual power than window dressing. While we cannot speak to the truthfulness and personal integrity. John Bolton is just It is clear that the future of the United Na- of the specific allegations by his former col- that person. tions and the U.S. role within that organiza- leagues, we can speak to what we know. And tion are uncertain. Who better to dem- during our time with Mr. Bolton at the Jus- [From , April 24, 2005] onstrate to the member states that the tice and State Departments, we never knew BLUNT BUT EFFECTIVE United States is serious about reform? Who better to speak for all Americans dedicated of any instance in which he abused or be- (By Lawrence S. Eagleburger) rated anyone he worked with. Nor was his to a healthy United Nations that will fulfill loyalty to us or to the presidents we served President Bush’s nomination of John the dreams of its founders? Bolton as U.S. ambassador to the United Na- ever questioned. And we never knew of an in- Mr. WARNER. I suggest the absence stance in which he distorted factual evidence tions has generated a bad case of dyspepsia among a number of senators, who keep put- of a quorum. to make it fit political ends. The PRESIDING OFFICER (Mr. At the heart of the claims made by Mr. ting off a confirmation vote. That hesitation COBURN). THE CLERK WILL CALL THE Bolton’s critics is the charge that he was im- is now portrayed as a consequence of perious to those beneath him and duplicitous Bolton’s purported ‘‘mistreatment’’ of sev- ROLL. to those above. The implication is that Mr. eral State Department intelligence analysts. The bill clerk proceeded to call the Bolton saw himself as something of a free But this is a smoke screen. The real reasons roll. agent, guided by nothing more than his own Bolton’s opponents want to derail his nomi- Mr. VOINOVICH. Mr. President, I ask notions of what he thought good policy nation are his oft-repeated criticism of the unanimous consent that the order for might be. Woe be to those who might dare to United Nations and other international orga- the quorum call be rescinded. disagree, according to these critics, be they nizations, his rejection of the arguments of The PRESIDING OFFICER. Without lower-level analysts or cabinet members. those who ignore or excuse the inexcusable objection, it is so ordered. In our experience, nothing could be further (i.e., the election of Sudan to the U.N. Mr. VOINOVICH. Mr. President, I re- from the truth. John Bolton was as loyal as Commission) and his willing- ness to express himself with the bark off. cently sent my colleagues a letter re- he was talented. To put it bluntly, he knew garding the nomination of John his place and he took direction. As cabinet As to the charge that Bolton has been members, we took our direction from our tough on subordinates, I can say only that in Bolton. I realize that they are all busy presidents, and Mr. Bolton was faithful to more than a decade of association with him and likely they have not had an oppor- his obligations as a presidential appointee on in the State Department I never saw or tunity to read the letter. I will begin our respective teams. In his service as assist- heard anything to support such a charge. Nor my remarks today by reading the let- ant attorney general and assistant secretary do I see anything wrong with challenging in- ter to my colleagues so that it will be telligence analysts on their findings. They of state, we had complete confidence in a part of the RECORD. can, as recent history demonstrates, make him—and that confidence turned out to have Dear colleague: Throughout my time in been well placed. In our view he would be no mistakes. And they must be prepared to de- fend their findings under intense ques- the Senate, I have been hesitant to push my different in fulfilling his duties as our United views on my colleagues. However, I feel com- tioning. If John pushed too hard or dressed Nations ambassador. pelled to share my deep concerns with the down subordinates, he deserves criticism, In any administration there are going to nomination of John Bolton to be Ambas- but it hardly merits a vote against confirma- be disagreements over process and policy, sador to the United Nations. I strongly feel tion when balanced against his many accom- both in formulation and execution. It is not that the importance of this nomination to plishments. uncommon to have battle lines within any our foreign policy requires us to set aside On Dec. 16, 1991, I spoke to the U.N. Gen- administration drawn between idealists and our partisan agenda and let our consciences eral Assembly on behalf of the United pragmatists. But what has made John Bolton and our shared commitment to our nation’s States, calling on the member states to re- so successful in the posts he has held, and best interests guide us. At a time when the peal the odious Resolution 3379, which equat- what makes him so well suited for the posi- United States strives to fight terrorism glob- ed Zionism with racism. As I said then, the tion at the United Nations, is that he exhib- ally, to build a stable and free Iraq, to find resolution ‘‘labeled as racist the national as- its the best virtues of both idealists and a peaceful resolution to the nuclear ambi- pirations of the one people more victimized pragmatists. tions of Iran and North Korea, to spread de- by racism than any other.’’ That we were Mr. Bolton’s political principles are not mocracy in the place of oppressive regimes, successful in obtaining repeal was largely shaped by circumstances or by appeals to the and to enact needed reforms at the United conventional wisdom. He knows, as Abraham due to John Bolton, who was then assistant Nations, it is imperative that we have the Lincoln once put it, that ‘‘important prin- secretary of state for international organiza- support of our friends and allies internation- ciples may and must be inflexible.’’ He also tions. His moral outrage was clearly evident ally. These strong international relation- knows that those principles often have to be as he brilliantly led and managed the suc- ships must be built upon robust and effective fought for with vigor. cessful U.S. campaign to obtain sufficient public diplomacy. On the other hand, he understands from his votes for repeal. The final vote, 111 to 25, I applaud our President for understanding long experience at the highest levels of gov- speaks volumes for the success of his ‘‘di- this and for his leadership on U.S. public di- ernment that in order to succeed, one has to rect’’ style. plomacy. He and Secretary Rice have taken work with those whose views may differ; he Bolton’s impressive skills were also dem- important steps to reach out to the inter- knows the importance of principled com- onstrated at the time of the Persian Gulf national community and strengthen rela- promise in order to make things happen. War, when he steered a critical series of reso- tionships. A most fitting example was his contribu- lutions supporting our liberation of Kuwait Additionally, I applaud the President’s de- tion, when serving as an assistant secretary through the U.N. Security Council. During cision to appoint Karen Hughes to enhance of state, in getting the United Nations Gen- this period we negotiated some 15 resolutions U.S. public diplomacy at the State Depart- eral Assembly in 1991 to abandon its morally up to and through the removal of Saddam ment and recently to get even the First Lady noxious doctrine that Zionism was a form of Hussein’s forces from Kuwait. Adoption of involved in these important efforts to pro- racism. This took extraordinary diplomatic the key Security Council document, Resolu- mote public diplomacy [and improve the skill, combining the clear articulation of the tion 678, was not a foregone conclusion and world’s opinion of the United States of philosophic position of the United States and faced the possibility of a Chinese veto until America]. his own personal persuasiveness. That this the final vote. While our diplomacy to obtain However, it is my concern that John effort succeeded where earlier efforts had this and other council votes was conducted Bolton’s nomination sends a negative mes- failed came as no surprise to anyone who had on a global scale, Bolton was deeply engaged sage to the world community and con- worked with Mr. Bolton. The power of his in managing this worldwide effort. tradicts the President’s efforts. In these dan- mind and the strength of his convictions These are but two examples of why I be- gerous times, we cannot afford to put at risk make him a most formidable advocate. lieve Bolton possesses the substantial quali- our nation’s ability to successfully wage and These skills have been on display more re- fications necessary to be our ambassador to win the war on terror with a controversial cently in his current position as undersecre- the United Nations. By now it should be ob- and ineffective Ambassador to the United tary of state for arms control and inter- vious to all that the halcyon days when our Nations. I worry that Mr. Bolton could make national security. Not even his detractors advice was sought and our leadership wel- it more difficult for us to achieve the impor- deny, for example, that he was instrumental comed because the security of others de- tant U.N. reforms needed to restore the in building a coalition of 60 countries for pended on the protection we gave are no strength of the institution. I strongly believe President Bush’s Proliferation Security Ini- more. I recognize that John’s willingness to that we need to reform the U.N., make it a tiative to combat the spread of nuclear speak bluntly has raised questions. Perhaps viable institution for world security, and re- weapons technology. there was a time when those concerns had move its anti-Israel bias. However, I ques- At a time when all sides acknowledge that merit—but not now. Given what we all know tion John Bolton’s ability to get this job fundamental reform is needed at the United about the current state of the United Na- done.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5893 I know that you are very busy, but I would drastic change in the attitude of our Havel, told me over dinner that the appreciate it if you would review my edited friends and allies in such organizations United States needs to improve its pub- statement before the Foreign Relations such as NATO and the countries’ lead- lic diplomacy, that we have become Committee as to why I think we can do ers whom we need to rely upon for isolated in too many instances. much better than John Bolton . . . help. If the United States wants to win the In my closing words I stated this: I discovered this personally during a war on terrorism, win the peace in Mr. Chairman, I am not so arrogant to trip I took to , Serbia, Monte- Iraq, promote freedom globally, and think that I should impose my judgment and negro, and Italy last year, where I met prevent new conflicts, we need to have perspective of the U.S. position in the world with several individuals from various the help of our friends. In order to have community on the rest of my colleagues. We owe it to the President to give Mr. Bolton an international backgrounds and at- the help of our friends we need to have up or down vote on the floor of the U.S. Sen- tended the NATO parliamentary meet- robust public diplomacy. For if we can- ate. My hope is that, on a bipartisan basis, ing in Venice. In London I met with not win over the hearts and minds of we send Mr. Bolton’s nomination to the floor several individuals from the Atlantic the world community, we are not going without recommendation and let the Senate Partnership, chaired by Lord Powell, to be able to create the team that we work its will. who told me that the United States need and our goals will be more dif- I plead with my colleagues in the Senate needed to do something to improve its ficult to achieve. that if this nomination gets to the floor— public diplomacy with countries where Additionally, we will be unable to re- And we are here today— leaders are under a great amount of duce the burdens on our own resources, to consider this decision and its con- pressure. They mentioned Tony Blair, the most important of which is the sequences carefully, to read all the pertinent who has put his neck on the line to lives of the men and women in our material, and to ask themselves several per- support the United States and needed Armed Forces who are leaving their tinent questions: Is John Bolton the best possible person to serve as the lead diplomat the United States to improve its public families every day to serve this coun- to the United Nations? Will he be able to diplomacy to meet the concerns of his try overseas. pursue the needed reforms at the U.N., de- constituency. Now, 1,700 U.S. men and women—over spite his damaged credibility? Will he share We all know that Tony Blair lost a that—have given their lives in Iraq and information with the right individuals, and significant number of parliamentary Afghanistan; over 12,000 have been will he solicit information from the right in- seats because of these concerns. The wounded. dividuals, including his subordinates, so that group emphasized that we needed to do Nothing can compare to the cost of he can make the most informed decisions? Is more in public diplomacy to reach out human lives, but the financial costs of he capable of advancing the President’s and to our friends and allies so that we the conflict in Iraq and Afghanistan the Secretary of State’s efforts to advance our public diplomacy? Does he have the char- could work together to accomplish the are also placing a tremendous human acter, leadership, interpersonal skills, self daunting tasks before us. resources burden on our country. discipline, common decency, and under- In Venice I attended the NATO Par- Weeks ago we passed the $82 billion standing of the chain of command to lead his liamentary Assembly. I could not be- supplemental bill for our operations in team to victory? Will he recognize and seize lieve some of the comments that were Afghanistan and Iraq. I understand opportunities to repair and strengthen rela- being made about the United States— that we will need at least $50 billion tionships, promote peace and uphold democ- from our allies. It was a stark contrast next year. The costs of this war are not racy—as a team—with our fellow nations? to the parliamentary meetings I at- going down anytime soon. I mentioned in my letter the Senate tended in Budapest in 2000, when our We need the help of other countries faces today a very important decision, allies voiced the concern: What about to share the financial burden that is whether to send John Bolton to New this Bush who is running for President? adding to our national debt, and the York to be the next U.S. Ambassador Is he an isolationist? human resource burden that our Armed to the United Nations. I believe we can In Venice I heard their concerns that Forces, National Guardsmen, contrac- do better, and we owe it to the United the United States is very much in- tors, and their families are bearing so States of America, the U.S. State De- volved in international affairs but acts heavily now. The key is public diplo- partment, our soldiers overseas, our unilaterally, without any concern by macy. children, and our grandchildren to do the United States of its allies and As I say, I applaud the President and better than Mr. Bolton. This is not my friends. the Secretary of State for under- opinion alone. The overwhelming opin- I have traveled a great deal in my ca- standing that public diplomacy is an ion of the colleagues I have talked to reer, and I have met with leaders and important objective and beginning this about John Bolton is that he is not an academics in the international commu- new term with an emphasis on repair- ideal nominee; that they are less than nity during previous wars. There has ing relationships. I applaud the Presi- enthusiastic about him and many were never been as drastic a shift in the dent and Secretary Rice for reaching surprised at the decision. Many of my international community’s perception out to our friends in the world commu- colleagues have said that the only rea- as there has been during the last 2 or 3 nity and articulating that the United son they are going to vote for him is years. The countries that previously States does respect international law because he is the President’s nominee. admired the United States for its val- and protocol. I agree with my colleague, Senator ues and principles of democracy and The President’s recent visits to Lat- BIDEN. I think if we had a secret vote freedom, encouraging other nations to via, the Netherlands, Moscow, and on John Bolton, he would not get 50 develop their own democracies and , underscore the priority he votes from the Senate. speak out against injustices, now criti- places on strengthening U.S. public di- I want to explain to my colleagues cize the United States for its failure to plomacy. The way that he embraced here today why it is I think Mr. Bolton respect their views and opinions. the Russian people will serve the coun- should not be confirmed. One of my It troubles me deeply that the United try well as we negotiate with President deepest concerns about this nomina- States is perceived this way in the Putin to improve nuclear security co- tion involves the big picture of U.S. world community. I am troubled be- operation and support U.S. positions on public diplomacy and the President’s cause the United States will face a Iran and North Korea. acknowledged need to improve it. It deeper challenge in achieving its objec- The President has also enlisted the was not too long ago when America’s tives without their support. We will added value of the First Lady in pur- love of freedom was a force of inspira- face more difficulties in conducting the suing an agenda to improve U.S. public tion to the rest of the world, and Amer- war on terrorism, promoting peace and diplomacy in the Middle East, an im- ica was admired for its democracy, gen- stability worldwide, and building de- portant initiative. I also applaud the erosity, and willingness to help others mocracies, without help from our President’s decision to appoint Karen in need of protection. Today, the friends to share the responsibilities, Hughes to help lead the public diplo- United States is criticized for what the leadership, and costs. macy effort at the State Department. world calls arrogance, unilateralism, Even as recently as last night, the Let’s send Karen Hughes to be the for failure to listen and seek support of former President of the Czech Republic next ambassador to the United Na- its friends and allies. There has been a and champion of democracy, Vaclav tions. There is someone who would

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5894 CONGRESSIONAL RECORD — SENATE May 25, 2005 really make a difference for us, and who do not want to see the U.N. re- North Koreans another excuse or pretext not deal with the challenge that we have in formed will act as a roadblock, and I to come back to the committee. public diplomacy. fear Mr. Bolton’s reputation will make Committee staffer: The President clearly understands it easier for them to succeed. Did Bolton advance President Bush’s North the importance of renewing our rela- I believe that some member nations Korea policy? tionships and making clear that we in the U.N. will use Mr. Bolton as part Ambassador Hubbard: want to work with our friends to of their agenda to further question the My belief is that his actions hurt. achieve our many foreign policy goals. credibility and integrity of the United It is important to send a message that, States of America and to reinforce According to reliable sources at the though the United States may have dif- their negative U.S. propaganda. State Department, it was after that ferences with our friends at times, and If we send Mr. Bolton to the United speech that it was made clear to Mr. though we may need to be firm about Nations, the message will be lost be- Bolton he would have to clear any fu- our positions, we are willing to sit cause our enemies will do everything ture speeches through the Secretary or down, talk about them, discuss our rea- they can to use Mr. Bolton’s baggage Deputy Secretary and that he would be soning, and work for a solution. to drown his words. The issue will be put on a very short leash. This was just It is my strong belief in the need to the messenger—the messenger and not one of the many times he was called on improve U.S. public diplomacy and in the message. the carpet. the efforts of the President that has Another reason I believe Mr. Bolton In fairness to Mr. Bolton, the sources caused me to pause and reflect so deep- is not the best candidate for the job is have said to me, once reprimanded, ly on the nomination of Mr. Bolton be- his tendency to act without regard to Bolton got back on track but that he cause, I asked myself, what message the views of others and without respect needed to be kept on a short leash. are we sending to the world commu- to chains of command. We have heard Who is to say that Bolton will not nity? In the same breath we are consid- Mr. Bolton has a reputation for stray- continue to stray off message as am- ering a nominee for ambassador to the ing off message. He is reported to have bassador to the U.N.? Who is to say he United Nations who has been accused strayed off message more often than will not hurt, rather than help, United of being arrogant, of not listening to anyone else holding a responsible posi- States relations with the international his friends, of acting unilaterally, and tion at the State Department during community and our desire to reform of those who do not have the Secretary Powell’s years as Secretary the United Nations? ability to properly defend themselves. of State. When discussing all of these concerns These are the very characteristics we U.S. Ambassador to South Korea with Secretary Rice—John Bolton’s are trying to dispel in the court of Thomas Hubbard testified that Bolton propensity to get off message, his lack world opinion. rejected his request to soften the tone of interpersonal skills, his tendency to We must understand, next to the of a July 2003 speech on North Korea abuse others who disagree with him—I President, Vice President, and Sec- policy and stated that the speech hurt, was informed by the Secretary of State retary of State, the most prominent rather than helped, efforts to achieve she understood all these things and in public diplomat is our ambassador to the President’s objectives. spite of them still feels John Bolton is the United Nations. It is my concern Here is the question from a com- the best choice. She assured me she that the confirmation of John Bolton mittee staffer: would be in frequent communication would send a contradictory and nega- And what was your impression of the with him and that he would be super- tive message to the world community speech when you first read it, the day before vised very closely. about U.S. intentions. I am afraid that it was going to be delivered? Did you suggest My private thought, and I should his confirmation will tell the world we changes in it? have shared this with the Secretary of are not dedicated to repairing our rela- We are talking now of the question to State, is why in the world would you tionships or working as a team but Ambassador Hubbard. want to send someone to the United that we believe only someone with I think our most important comment was Nations who requires such supervision? sharp elbows can deal effectively with that we thought the tone was way too I am also concerned about Mr. the international community. strong, that he used derogatory terms about Bolton’s interpersonal skills. I under- I want to make it clear that I do be- Kim Jung Il . . . throughout the speech, in stand there will be several vacant sen- lieve that the U.N. needs to be re- virtually every sentence. And I and my staff ior posts on the staff when Mr. Bolton argued that was counterproductive to our in- arrives in his new position. As a matter formed if it is to be relevant in the 21st terest in getting the North Koreans back century. We need to pursue its trans- into the talks [on their reducing their nu- of fact, I understand all the top people formation aggressively, sending the clear threat.] are leaving. I understand one of the strong message that corruption will Committee staffer: most respected and qualified people at the U.N., Anne Patterson, will be leav- not be tolerated. The corruption that And was Mr. Bolton aware of the South Ko- occurred under the Oil for Food Pro- rean request to avoid inflammatory language ing her post, and others will be depart- gram made it possible for Saddam’s that might complicate the Six-Party proc- ing, as I mentioned. Iraq to discredit the U.N. and under- ess? As such, Mr. Bolton will face a chal- mine the goals of its members. This Ambassador Hubbard: lenge of inspiring, leading, and man- must never happen again, and severe Yes. aging a new team, a staff of roughly 150 individuals, perhaps more, whom he is reforms are needed to strengthen the Committee staffer: organization. And, yes, I believe it will going to need to rely upon to get the Did he make all the changes [in the July job done. As we know, all of us are only be necessary to take a firm position so 2000 speech] that had been suggested? that we can succeed. But it will take a as good as the team we have sur- Ambassador Hubbard: special individual to succeed in this en- rounding us. We are all aware of the deavor, and I have great concerns with No, I don’t believe so. You know, I think testimony and observations related to that—to be very clear, we didn’t go through Mr. Bolton’s interpersonal and man- the current nominee and his ability to the speech, scratching out the word ‘‘dic- get the job done. tator’’ every time we saw it—you know, agement skills. To those who say a vote against John that—we made an overall comment . . . that With that record in mind, I have con- Bolton is a vote against reform of the we felt that was counterproductive and over- cern about Mr. Bolton’s ability to in- United Nations, I say nonsense. Frank- blown. spire and lead a team so he can be as ly, I am concerned that Mr. Bolton Committee staffer: effective as possible in completing the would make it more difficult for us to Did you believe the speech advanced the important tasks before him. And I am achieve the badly needed reforms to President’s objective of achieving a peaceful not the only one. The Senate Foreign this outdated institution. I believe denuclearization of the Korean Peninsula Relations Committee received letters there could be even more obstacles to through negotiations? Or, if not, why not? from 102 U.S. diplomats who served reform if Mr. Bolton were sent to the Ambassador Hubbard: under administrations for both sides of U.N. than if it were another candidate. No, I don’t think it advanced the process the aisle saying Mr. Bolton is the Those in the international community . . . In my view, the invective . . . gave the wrong man for the job.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5895 ’s chief of staff, Colonel Colin Powell, the person to whom Mr. Now, it has been suggested that we Lawrence Wilkerson, testified before Bolton answered over the last 4 years, should vote for Mr. Bolton because of the committee that Mr. Bolton would was conspicuously absent from a letter his achievements and qualifications de- make ‘‘an abysmal ambassador,’’ and signed by former Secretaries of State spite his reputation as a ‘‘bully’’ and that ‘‘he is incapable of listening to recommending Mr. Bolton’s confirma- his poor interpersonal skills. people and taking into account their tion. Of all the people who worked with I agree that Mr. Bolton has had some views.’’ Mr. Bolton, Powell is the most quali- achievements, but I am dubious that I would like to read some of Mr. fied person to judge the man and his Mr. Bolton’s record of performance has Wilkerson’s testimony. ability to serve as the Secretary’s am- been so overwhelmingly successful that Mr. Wilkerson: bassador to the U.N. and he did not we should ignore his negative pattern I would like to make just one statement. I sign the letter. of behavior and credibility problems don’t have a large problem with Under Sec- In fact, I have learned that several with the international community. retary Bolton serving our country. My objec- well-respected leaders in our foreign For the last 4 years, Mr. Bolton tions to what we’ve been talking about policy community were shocked by Mr. served as the top arms control and non- here—that is, him being our ambassador at proliferation official for the State De- the United Nations—stem from two basic Bolton’s nomination because he is the things. One, I think he’s a lousy leader. And last person thought to be appropriate partment. The most pressing non- there are 100 to 150 people up there that have for the job. proliferation issues affecting U.S. na- to be led; they have to be led well, and they There are several interesting theories tional security today involve the have to be led properly. And I think, in that on how Mr. Bolton got the nomination. threat of Iran’s nuclear ambitions, the capacity, if he goes up there, you’ll see the I am not going to go into them in the threat of North Korea’s nuclear ambi- proof of the pudding in a year. Senate. If anyone would like to talk to tions, and the need to expand and ac- I would also like to highlight the me about that, I am happy to discuss it celerate our cooperation with the Rus- words of another person I myself re- with them; otherwise, I urge you to get sian Federation to secure and dis- spect and who worked closely with Mr. in touch with senior members of the mantle Russia’s nuclear and WMD in- Bolton. He told me if Bolton were con- Foreign Relations Committee and ask frastructure to keep it out of the hands firmed, he would be ok for a short them. of would-be terrorists or proliferant na- while, but within 6 months his poor We are facing an era of foreign rela- tions. interpersonal skills and lack of self- tions in which the choice of our ambas- The United States has not had sig- discipline would cause major problems. sador to the United Nations should be nificant success on these issues in the He told me Mr. Bolton is unable to con- one of the most thoughtful decisions last 4 years. In the case of North Korea, trol his temper. we make. The candidate needs to be they have withdrawn from the Non- I would like to read some quotes both a diplomat and a manager. He proliferation Treaty and the situation from the testimony of Christian must have the ability to persuade and has become more critical during Westermann, the analyst from the Bu- inspire our friends, to communicate Bolton’s watch. Our U.S. Ambassador to South Korea, Thomas Hubbard, stat- reau of Intelligence and Research, and and convince, to listen, to absorb the ed that Mr. Bolton’s approach on North Tom Fingar, Assistant Secretary of ideas of others. Without such virtues, Korea was damaging to U.S. interests. State for Intelligence and Research, we will face more efforts in our war on With regard to our cooperation with about Mr. Bolton’s patterns of losing terrorism, to spread democracy and to Russia to secure its WMD infrastruc- his temper and getting angry. foster stability globally. ture and fissile material, I have read Mr. Westermann: The question is, is John Bolton the several reports that Mr. Bolton also He was quite upset that I had objected and best person for the job? The adminis- he wanted to know what right I had trying hurt efforts to move beyond the legal tration says they believe he is the to change an Under Secretary’s language. holdup of ‘‘liability’’ that has stymied right man. They say despite his inter- This was in a speech and Mr. our programs. personal shortcomings, he knows the Westermann had to send that speech On May 16, a article re- U.N., he can reform the organization over to the CIA and then it came back ported that for several years, the dis- and make it more powerful and more from the CIA. posal of Russia’s 134-ton hoard of pluto- relevant to the world. nium has been stymied by an obscure And what he would say, or not say or There is no doubt John Bolton should something like that. And I tried to explain a legal issue in which Washington has little bit of the same things about the proc- be commended and thanked for his sought to free U.S. contractors from ess of how we clear language. And I guess I service and his particular achieve- any iability for nuclear contamination wasn’t really in a mood to listen and he was ments. during cleanup. It says that: Bolton quite angry and basically told me I had no He has accomplished some important bore a very heavy responsibility for right to do that. objectives against great odds. As the festering the plutonium issue. It re- By the way, Mr. Westermann did not sponsor of legislation that established ports that a former State Department work in Mr. Bolton’s section of the an office on global anti-Semitism in official said: In 2004, Bolton quashed a State Department. He worked in INR, the State Department, I am particu- compromise plan by his own non- another department, another depart- larly impressed by his work to repeal proliferation bureau, even after other ment, not under his direct supervision. the U.N. legislation equating Zionism agencies had approved it. And he [Mr. Bolton] got very red in the with racism. I wholeheartedly agree I must say I am unimpressed by Mr. face, shaking his finger at me and explaining with Bolton that we must work with Bolton’s failure to secure a com- to me I was acting way beyond my position, the U.N. to change its anti-Israel bias, promise during his 4 years that would and for someone who worked for him. I told and I applaud his work on this issue. enable us to move forward to secure him I didn’t work for him. In 2003, I sent a letter to Secretary this material from terrorists. Staffer: General Kofi Annan of the United Na- The situation in Iran is also very And when [Bolton] threw you out of the of- tions to express my profound concern concerning and has only worsened in fice, how did he do that? about the appalling developments in the last 4 years. Committee staffer: the U.N. and the Palestinian Observer’s Among our accomplishments in non- He just told me to get out and get Tom equation of Zionism with Nazism and proliferation, there is no doubt that Fingar, he was yelling and screaming and red ask that the United Nations condemn Libya’s decision to dismantle its WMD in the face, and wagging his finger. I’ll never the remarks and maintain a commit- infrastructure was one of the largest forget the wagging of the finger. ment to human rights. successes of the last 4 years. Committee staffer: Further, I am impressed by Mr. We really rejoiced over that. How- Could you characterize your meeting with Bolton’s achievements in the area of ever, there is credible reporting that Bolton? Was he calm? arms control, specifically on the Mos- Mr. Bolton was sidelined from the ne- Mr. Tom Fingar: cow Treaty, the G8 ‘‘10-Plus-10-Over- gotiations by the and that No, he was angry. 10’’ Global Partnership Fund, and the some believed he might hurt their Additionally, I want to note my con- President’s Proliferation Security Ini- chances of succeeding with Libya. Ad- cern that former Secretary of State tiative. ditional reports indicate that Mr.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5896 CONGRESSIONAL RECORD — SENATE May 25, 2005 Bolton was sidelined at the request of In fact, the policy is contradictory to Mr. WOLF. He did not—he did not—he did British officials working on the issue, U.S. public diplomacy efforts as well as not encourage differing views. And he tended because they felt he was a liability dur- efforts to secure support in Iraq and to have a fairly blunt manner of expressing ing the negotiations. Afghanistan, but Mr. Bolton did not himself. COMMITTEE STAFFER. Would you go so far Mr. Bolton has also been given a listen to the views of his staff who told as to say that he discouraged alternative great deal of credit for his work on get- him that the policy was damaging our views through his demeanor and through his ting Article 98 agreements with several bigger picture interests. response when people presented alternative countries and important military part- For this reason, I question the sug- views to him? ners. Article 98 agreements secure U.S. gestion that Mr. Bolton’s qualifica- Mr. WOLF. He did not encourage us to pro- military officers from prosecution tions and his record of performance is vide our views to the Secretary . . . our al- under the International Criminal Court so outstanding that we should vote for ternative views. while conducting operations or mili- him, despite his negative pattern of be- Colin Powell’s chief of staff Lawrence tary exercises in a foreign country. havior. Wilkerson testified that Mr. Bolton I support the efforts to secure Article But this is another issue that is deep- tended to focus on accomplishing his 98 agreements and protect U.S. Forces ly concerning to me. We cannot deny own goals as a matter of ‘‘bean-count- against what could be a politically that Mr. Bolton’s record shows a pat- ing’’ and refused to consider the reper- driven trial in a foreign country. How- tern of behavior that is contradictory cussions of his methods on the greater ever, I understand that Mr. Bolton to that of an effective Ambassador. policy objectives of the United States. worked to secure these agreements by I would like to read to you a quote by I would like to quote from Colonel putting a hold on all U.S. military edu- Mr. Carl Ford, who headed the Bureau Wilkerson’s testimony: cation and training assistance to these of Intelligence and Research, INR, in Second, I differ from a lot of people in countries—understanding that the last the State Department from 2001 to 2003. Washington, both friend and foe of Under seven countries we brought into the He testified that Mr. Bolton is a ‘‘kiss Secretary Bolton, as to his, quote, ‘‘bril- United Nations never signed that Arti- up and kick down’’ leader who does not liance,’’ unquote. I didn’t see it. I saw a man who counted beans, who said ‘‘98 today, 99 to- cle 98 treaty. tolerate those who disagree with him morrow, 100 the next day,’’ and had no will- This assistance that we provide to and goes out of his way to retaliate for ingness—in many cases, no capacity—to un- these countries provides education to their disagreement. derstand the other things that were hap- military officials about U.S. and West- Here is what Mr. Ford said: pening around those beans. And that is just ern military doctrine, the importance Unfortunately, my judgment, my opinion, a recipe for problems at the United Nations. of a civilian-run military, civil-mili- he’s a quintessential ‘‘kiss-up, kick-down’’ And that’s the only reason that I said any- tary relations, and respect for human sort of guy . . . I’m sure you’ve met them. thing. rights. It provides basic leadership But the fact is that he stands out, that he’s Mr. Wilkerson again: training and other important training got a bigger kick and it gets bigger and My prejudice and my bias will come out that enables foreign troops to inter- stronger the further down the bureaucracy here, because I think one of the number-one he’s kicking. operate with U.S. forces and inter- problems facing the country right now—and, national forces—such as English lan- Others who have worked closely with you know, I’m here because of my country— guage training and general combat Mr. Bolton have stated that he is an This is Wilkerson. He volunteered. training. This is very important assist- ideologue and that he fosters an atmos- We didn’t go out and get him. He vol- ance at a time when we are fighting phere of intimidation and does not tol- unteered. with a coalition in Afghanistan and a erate disagreement, does not tolerate —not because of anybody else—is North coalition in Iraq. But at the very same dissent, and that he bullies those who Korea . . . So when people ignore diplomacy time that we were seeking additional disagree with him. that is aimed at dealing with that problem supporters in Iraq, some military offi- I would like to read some excerpts in order to push their pet rocks in other from the testimony of the Ambassador areas, it bothers me, as a diplomat, and as a cials arriving at U.S. airports to re- citizen of this country. ceive the military education training to South Korea, Thomas Hubbard, and And I have citations on all of this in were turned away because of Mr. Mr. John Wolf, Assistant Secretary of Bolton’s strong-arming tactics. the Nonproliferation Bureau, who the testimony. As I understand it, several different worked directly under Mr. Bolton. Wilkerson again: State Department officials asked Mr. COMMITTEE STAFFER. There have been press It was the same thing with nonprolifera- reports—one in December of 2003, in USA tion. The statistic I mentioned before, which Bolton to remove the holds because of I think Under Secretary Bolton mentioned in the negative impact they were having Today, that—I’ll just read you the quote from that story. Quote, ‘‘In private, Bolton’s his speech in Tokyo on February the 7th, if on our allies, and he refused to listen colleagues can be scathing. One high-level I remember right—I still keep up with this to their views. coworker calls Bolton ‘an anti-diplomat who stuff, Northeast Asia—and he said the Clin- I ran into this when I was in Croatia tries to intimidate those who disagree with ton Administration, in eight years, had sanc- a couple weeks ago. I talked to the new his views.’ Another diplomat says, ‘No one in tioned China eight times, and the Bush Ad- Prime Minister of Croatia, Ivo the Department dares to criticize Bolton on ministration, in four years, had sanctioned Sanader, and he was saying: I have to the record, because he has support at the China 62 times. As I used to say, what’s the sign Article 98. If I don’t get it, then we highest levels of the Administration. Despite measurement of effectiveness here? What’s it get no help whatsoever in terms of ad- his often blunt public pronouncements, he’s done? Is the sanctioning of 62 times an indi- cation that China is proliferating more? Or vice about how we civilianize our Army never publicly chastised or contradicted,’ the diplomat says.’’ Does that sound like the is it an indication that we’re cracking down? and so forth. And there are people in John Bolton you know? I’d love to see the statistic for the next four the Defense Department who think it AMBASSADOR HUBBARD. It sounds, in gen- years, if Bolton were to remain Under Sec- is a good idea. And I think it is a good eral, like what I experienced. retary. It would be 120 or 140. And what is idea because we have to be concerned, COMMITTEE STAFFER. Did that—did Mr. the effectiveness of this? Are we actually in some of those countries that have Bolton prevent those views of debate [on pol- stopping proliferation that was dangerous to gone democratic, that if things get bad, icy issues from the Nonproliferation Bureau] our interest? Or are we doing it, and ignoring we do not want to see a coup d’etat from getting up to the Deputy Secretary? other problems that cry out for cures, diplo- MR. WOLF, [Assistant Secretary of Non- come from the military part of their matic? And no one sits and says, you know, proliferation]: There were long and arduous ‘‘Okay, that’s correct, that’s correct, this is operation. So we should be doing every- discussions about issues before they got to correct, this is what’s effective, this isn’t ef- thing we can to civilianize it. But, no, the Secretary. fective.’’ The one time I had a conversation can’t do it. Mr. Bolton doesn’t want to COMMITTEE STAFFER. And, in those discus- with John about this, I asked him, ‘‘How do do it. sions, how would you characterize Mr. you go beyond sanctions, John? War?’’ Mr. President, how are we supposed Bolton’s demeanor and professionalism in [Bolton’s implied answer was:] ‘‘Not my busi- to persuade our friends and allies to listening to alternative points of views or ness.’’ [In other words, that was not his prob- join us in Iraq and Afghanistan when listening to those who disagreed with his lem.] point of view? Did he have an open mind? we are cutting off the English-language MR. WOLF. He tended to hold on to his own Former Assistant Secretary of the training and other military training views strongly, and he tended not to be—he Intelligence and Research Bureau Carl that would enable them to send troops tended not to be enthusiastic about alter- Ford testified he had never seen any- to serve with us? native views. one behave as badly in all his days at

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5897 the State Department and that he wasn’t over. He kept going after him. hours of deliberation, telephone calls, would not have even testified before We have to move this guy. We have to personal conversations, reading hun- the Committee if John Bolton had sim- bring somebody else in here. I can’t dreds of pages of transcripts, and ask- ply followed protocol and simple rules deal with him. That is the way he acts. ing for guidance from above, I have of management. Mr. FORD: come to the determination that the Mr. FORD. I can guarantee you . . . that if . . . knowing him [Fingar] well, I’m assum- United States can do better than John Secretary Bolton had chosen to come to see ing it simply was, as you said, this guy Bolton. We need an ambassador who me, or in my absence, my Principal Deputy, [Bolton] was furious, he could potentially do understands the wisdom of Teddy Roo- Secretary Tom Fingar, I wouldn’t be here great damage to the bureau, and he [Fingar] sevelt’s policy to walk softly and carry today. He could have approached me in the was just trying to put him back in the box a big stick. The U.S. needs an ambas- same tone, and in the same attitude—shak- and keep him from doing any more harm. sador who is interested in encouraging ing his finger, red in the face, high tone in And I can’t fault him for that. other people’s points of view and dis- his voice—and I wouldn’t be here today. If he I also want to point out that Carl couraging any atmosphere of intimida- had gone to Secretary Powell, or Secretary Ford, Lawrence Wilkerson, and almost Armitage, and complained loudly about the tion. The world needs an American am- poor service that he was receiving from INR all of the witnesses who came before bassador to the U.N. who will show and the terrible treatment that he had been our committee are appointees of the that the United States has respect for stabbed in the back by one of INR’s analysts, Bush administration. These are loyal other countries and intermediary orga- I wouldn’t be here today. The fact is, it is ap- Republicans who say: I am a conserv- nizations, that we are team players and propriate, if someone is unhappy with the ative Republican. I am loyal to the consensus builders and promoters of service they’re getting from one of the serv- President, that they could not abide symbiotic relationships. ices or organizations in a bureaucracy, that Mr. Bolton’s nomination because of In moving forward with the inter- they should complain. They should yell as their concern for his conduct and his loud as they want to. But, instead of doing national community, we should re- any of those three things, Secretary Bolton erratic, often unprofessional, behavior. member the words of the Scot poet chose to reach five or six levels down below That is what this is about. Bobbie Burns who said: him in the bureaucracy— I have to say that after pouring over Oh, that some great power would give me By the way, a bureaucracy he was the hundreds of pages of testimony and the wisdom to see myself as other people see me. not in charge of speaking with many individuals, I be- lieve John Bolton would have been And when thinking of John Bolton —bring an analyst into his office, and give fired if he had worked for a major cor- earlier today, I thought of one—I don’t him a tongue lashing, and I frankly don’t know whether it is a fairy tale, or care whether he sang scat for five minutes, poration. That is not the behavior of a the attitude, the volume of his tone, and true leader who upholds the kind of de- whatever, called ‘‘The Emperor Has No what I understand to be the substance of the mocracy President Bush is seeking to Clothes.’’ We are going to vote tomor- conversation—he was so far over the line . . . promote globally. This is not the be- row, and I am afraid that when we go That is, I’ve never seen anybody quite like havior that should be endorsed as the to the well, too many of my colleagues Secretary Bolton . . . I don’t have a second face of the United States to the world are not going to understand that this and a third or fourth, in terms of the way he community at the United Nations. appointment is very important to our his power and authority with little country. At a strategic time when we people . . . There are a lot of screamers that It, rather, is my opinion that John Bolton is the poster child of what the need friends all over the world, we need work in government, but you don’t pull somebody who is going to be able to somebody so low down in the bureaucracy diplomatic corps should not be. I worry that they’re completely defenseless. It’s an about the signal we are sending to the get the job done. Some of my friends 800 pound gorilla devouring a banana. The thousands of individuals under the say: Let it go, George. It is going to analyst was required simply to stand there State Department who are serving work out. I don’t want to take the risk. I came and take it, and Secretary Bolton knew their country in foreign service and back here and ran for a second term be- when he had the tirade that, in fact, that civil service, living in posts across the was the case. cause I am worried about my kids and world and in some cases risking their my grandchildren. I just hope my col- I want to note that in Mr. Bolton’s lives, all so they can represent our leagues will take the time before they testimony, he justifies his anger and country, promote diplomacy, and con- get to this well and do some serious retaliatory actions against Mr. tribute to the safety of Americans ev- thinking about whether we should send Westermann by citing an apologetic e- erywhere. John Bolton to the United Nations. mail from Mr. Tom Fingar, Assistant What are we saying to these people? Secretary of the Intelligence Bureau. I yield the floor. And I care about human capital. I have The PRESIDING OFFICER. The Sen- And when I met privately with Mr. been working on it now for over 6 Bolton, he said: Right after it hap- ator from Connecticut is recognized. years. When we say to these people Mr. DODD. Mr. President, I wanted pened, I received this apologetic e-mail that we look to confirm an individual to take a second to say to my friend from Mr. Fingar. So we asked Mr. with this record to one of the highest and colleague from Ohio, I have been Fingar and Mr. Ford about the e-mail. positions in the State Department, through a lot of this debate over the COMMITTEE STAFFER. You said . . . that what are we saying to these people? I last several weeks and months. A lot of what Mr. Westermann did was entirely with- was in Croatia. I was in Slovenia. They things are going on today, but I hope in the procedure, he was never disciplined, it can’t believe it. was perfectly normal, that the only failure my colleagues and others—if they have of his was lack of prudence. And then here I want to emphasize that I have not had a chance to listen to my col- [in the e-mail to Bolton] you say it’s ‘‘en- weighed Bolton’s strengths carefully. I league from Ohio—will read his com- tirely inappropriate,’’ and ‘‘we screwed up, it have weighed the fact that this is the ments. They are heartfelt. I know the won’t happen again.’’ That seems like a rath- President’s nominee. All things being feeling. I remember several occasions, er different assessment. equal, it is my proclivity to support but there was a time when I was one of Mr. FINGAR. Well, I knew I was dealing the President’s nominee, as most of us. two Democrats to support with somebody who was very upset, I was However, in this case, all things are many years ago, when he was being trying to get the incident closed, which I not equal. It is a different world today didn’t regard as a big deal. I know John considered for the nomination as Sec- [Bolton] was mad. I assumed, when people than it was 4 years ago. Our enemies retary of Defense. I supported John are mad, they get over it. So, did I lean over are Muslim extremists and religious fa- Ashcroft to be Attorney General from in the direction of ‘‘Sure, we’ll take respon- natics who have hijacked the Koran the previous administration. sibility?’’ He thanked me for it, at least as and have convinced people that the I know when you are being different far as I’m concerned, in my dealings with way to get to Heaven is through Jihad and standing up and going against the Bolton, that closed it. and against the world, particularly the tide from people on your own side, it So basically it was, somebody is mad. United States. We must recognize that can be a lonely moment. I know what You send them back an e-mail and say to be successful in this war, one of our it feels like to be there. If you do it out our guy didn’t do what he was supposed most important tools is public diplo- of conviction and belief and because of to do. You hope they will get off your macy, more than ever before—intel- how important these issues are, then I butt and it will be over with. But it ligence and public diplomacy. After think all of us, regardless of where you

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5898 CONGRESSIONAL RECORD — SENATE May 25, 2005 come out on the issue, appreciate the , a career foreign superiors and got an e-mail. We heard courage and the determination of a service officer, said in an April 22 about that e-mail. The e-mail said— Member who does it. Washington Post op-ed: and this is from Mr. Fingar, one of the I am comfortable with my col- The real reasons Bolton’s opponents want superiors of Westermann: leagues’ remarks, with his position. As to derail his nomination are his oft-repeated We screwed up but not for base reasons. It I told him the other day, I have been criticism of the United Nations and other won’t happen again. here a long time now—24 years in the international organizations, his rejection of So Bolton finds out that he has been the arguments of those who ignore or excuse Senate—and there are moments like tooled by somebody who did not tell this when I am deeply proud to serve the inexcusable (i.e., the election of Sudan to the Human Rights Commission) . . . him the truth about what happened. He with my colleagues. GEORGE VOINOVICH checks with his superior and gets an e- and I don’t agree on a lot of issues. We And a couple weeks ago the election of . mail that says, by the way, we made a are of different political persuasions mistake, this will not happen again. and parties. But my respect for him as As to the charge that Bolton has been tough on subordinates, I can say only that in My colleague from Ohio says they a Member of this body is tremendous. more than a decade of association with him were just doing that because they Whether you agree with GEORGE VOINO- at the State Department, I never saw or found out somebody was upset. But if VICH or not, this is a Senator. heard anything to support such a charge. Nor you are looking at it from John The PRESIDING OFFICER. The Sen- do I see anything wrong with his challenging Bolton’s perspective, what you see is: I ator from Minnesota is recognized. intelligence analysts on their findings. was angry because somebody did some- Mr. COLEMAN. Mr. President, I My colleague from Ohio and my col- thing which is confirmed by their deeply respect my colleague from Ohio, leagues across the aisle talked about source, the senior person there, that, in and I deeply respect the passion that an incident with an analyst— fact, what they did was wrong. he brings to his concern about this Westermann—in which Bolton had a It is interesting because Fingar basi- nomination. speech that he was preparing on the cally said it was not a big deal. As far I also bring passion and concern. I issue of Cuba’s capacity to develop bio- as I am concerned, that closed it. have been involved as chairman of the logical weapons. That speech then was We get a representation somehow Permanent Subcommittee on Inves- supposed to be sent to analysts in the that did not close it, that John Bolton tigations and have been looking at the process. That is the process—send it is going around pounding this issue and U.N. and the oil for food scandal—a around to analysts and they come back looking for retribution with Mr. scandal which allowed Saddam Hussein and tell you whether you can say what Westermann. In fact, the report shows to rebuild his military capacity, to you want to say. In the end, the just the opposite. bribe individuals close to the leader- speeches have to get cleared. What happened here is Bolton was ship of member states of the Security What happened with Mr. Westermann upset. He went to the guy who caused Council, to fund terrorism. I have is this. What you have heard so far is the problem. He also tried contacting looked at the U.N. over recent years, at that John Bolton was angry at Mr. his superior. He was not around. He the scandals of sexual abuse and child Westermann. My colleague from Ohio eventually got to Fingar who came in Africa, where U.N. offi- said he was quite upset as to why he back with an e-mail—I use his lan- cials were not responded to for months would change language. That is what guage—‘‘We screwed up,’’ and that is and months. I have looked at the world happened. What happened is not that it. That is it. in which we live, and the challenges we Westermann sent something around Then we hear the testimony of Carl face, and I realize the United States and then got it back, and then Bolton Ford, a long-term, good, loyal em- cannot be the world’s sole policeman, had a concern with the conclusion. ployee of the State Department, and the world’s sole humanitarian provider. What happened is that when Bolton we hear about Ford and his representa- We cannot do it on our own. We need gave the document with the language tions about Mr. Bolton. John Bolton’s partners and we need a U.N. that is to Westermann, he sent it on. What he interaction with Carl Ford was a 2 or 3- strong and credible. told Bolton’s chief of staff was: I sent minute conversation in front of a water This President has made a decision your language to the CIA intact and fountain. So it was not a matter of that the person who can best do the only at its source citations. somebody going around to get retribu- heavy lifting that is required for U.N. What really happened, and what the tion and they are angry. That was it, reform is John Bolton. He does that by record shows and demonstrates, is that literally Bolton ran into Ford at a looking at the record of John Bolton. I what Westermann did is that he had water fountain. What Ford was upset respect the President for that commit- sent it around, but he inserted lan- about was that John Bolton went to his ment to reform the United Nations, guage that basically said what Bolton guy. It was his guy on his team. Ford and as I look at this dangerous world wanted to say would not fly. So Bolton was upset with that. I guess you have in which we live, I think it is essential doesn’t know, when he gets it back, two guys with pretty strong feelings. that we seize this moment of oppor- that that piece is out. Clearly, he But that was the conversation. tunity now. I think it is essential that wanted to say it, but they said he could John Bolton did not call the Sec- we confirm this nomination. not. His concern with Westermann— retary of State, did not call the Deputy The reality is that John Bolton is a and the testimony reflects this also— Secretary of State, did not call others man of strong conviction. Clearly, was not about policy. He said: I dis- in the Department, did not pursue it. If there are some differences of perspec- agree with you going behind my back. I am angry about something, really tive even in the State Department. I disagree with you not being honest angry about something, I want to take There was an editorial in the Wash- with me, not telling me up front that care of it and I take care of it, particu- ington Post on May 12 of this year in in fact this is what you did rather than larly a guy like John Bolton. He is not which the writer said: saying I circulated it, but I find out a soft guy, no question about that. But The committee interviews have provided that, in effect, you lied to me. the interaction regarding Westermann some colorful details without breaking new John Bolton was angry and he said: I was bumping into someone at a water ground on what has long been a well-under- have lost confidence in someone who fountain and having an exchange. stood split in the first Bush administration, a split between those who saw themselves as cannot be honest with me, who goes be- Westermann’s boss basically said: the pragmatic diplomats, (the Powell camp) hind my back, and I have to find out Don’t mess with my guys. And that is and those, like Mr. Bolton, who saw them- about it from another source. That was Mr. Ford. His experience with John selves as more willing to bruise feelings here the conversation he had with Bolton is essentially that 2-minute and abroad in standing up for U.S. interests. Westermann. What you hear and what conversation—that is it—I think until In the end, the Post concludes: is portrayed about Mr. Bolton is that he leaves. The nominee is intelligent and qualified; somehow there is this pattern of abuse. Then the only other conversation on we still see no compelling reason to deny the What is cited is that he had this con- the record that Mr. Bolton had about president his choice. versation with Westermann—by the Mr. Westermann is a number of months Former Secretary of State—perhaps way, after that conversation, Mr. later, he was visiting with another offi- the model of the Secretaries of State— Bolton did check with Westermann’s cial within the agency and asked how

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5899 are things going and is there anything logical weapons, these speeches are different positions and Deputy Secre- that troubles you? Only when asked cleared. There is a process. There is not taries resolve them. It was part and that question does he even bring up the a single instance in the record where parcel of daily life. Again, allegation incident again, and that is it. John Bolton is somehow substantiated made and claim simply not true. So this image being portrayed about for having said things that were not I could go on. I would just like to somehow hounding down a lower level policy, said things that were disruptive touch upon a few more. One of them employee—by the way, Westermann of policy. had to do with an allegation that Mr. was a 20-year Navy veteran; he was not At times did he challenge analysts? Bolton, before he worked for the State a kid wet behind his ears. I have to tell Yes, he did, and that is probably a pret- Department, was involved in a situa- you, if it was the private sector, Mr. ty good thing to do. Analysts do not tion where he yelled at a colleague, a Westermann may have been fired for speak from a holy mountain. They woman whom he worked with. I think not being honest with his superior, for come in with a perspective. We have this conversation was supposed to have going behind somebody’s back. That is seen enough history now in the last taken place in Moscow at the time. what happened. couple of years where analysts had a This individual said that Bolton had I want to go back to the Washington perspective and they were wrong. John yelled and screamed at her, chased her Post article, the Eagleburger comment. Bolton challenged analysts, but in the around. Here is what is really happening here. end, each and every time, what he did We had a full committee hearing. When John Bolton’s name was put for- was he delivered the message he was The allegation was raised. It was raised ward as the nomination by the Presi- supposed to be delivering. in front of the press, raised in front of dent, my colleagues on the other side There was a question concerning the media that somehow John Bolton— made it very clear they were going to Libya and the allegation, by the way, there was a source that said this oppose this nomination. The issue then in Newsweek—an allegation in News- woman had complained. It ended up was his comments he made about the week. My colleagues quote Newsweek that this woman, a very political United Nations. My colleagues on the as if it is the Holy Bible. Newsweek— woman, one of the leaders of Mothers other side of the aisle did not think credible reporting that he was side- Against Bush, a liberal activist, had John Bolton was respectful enough of lined, and then there was a conversa- made the claim on liberal Air America. the United Nations and he did not de- tion, an anonymous source, that some- Under questioning, when asked about serve to be confirmed. That was the how the British Foreign Secretary whether she had been chased or har- issue. It was about policy differences Jack Straw was complaining to Powell assed by Mr. Bolton, her testimony between John Bolton and my col- about John Bolton. The anonymous was: Well, I may have overstated that. leagues on the other side of the aisle. source, according to a Bush official, We then get letters from the presi- What happened is because that argu- told them that Secretary of State Pow- dent of the company that held the con- ment did not sell, they then began an ell’s Under Secretary for Arms Control tract for which this woman worked. He examination of some of these inter- was making it impossible to reach al- said: I certainly did not hear contem- personal exchanges and what became lied agreement on Iran’s nuclear pro- poraneously from any other employee the Westermann issue, what became a gram. Powell turned to an aide and in Moscow that anything occurred be- series of contacts with John Bolton, said: Get a different view on the prob- tween Mr. Bolton and Ms. Townsel in with legitimate concerns, character- lem, Bolton is being too tough. Jack Moscow. Consequently, it is difficult to ized as a series of a pattern abuser. Straw flatly rejects this. Here is what understand how she could make such There were concerns raised about Straw’s press spokesman is saying: accusations with any veracity. He then North Korea and about John Bolton’s Conversations between the Foreign Sec- went on to talk about some of her con- comments regarding North Korea, retary and our U.S. counterpart are private duct and was very concerned about somehow that he was straying off mes- and we do not normally comment on their that. He concluded that he found sage, that he was saying things that content. However, the Foreign Secretary has Bolton to be very intelligent, hard should not have been said, that he gave no recollection whatsoever of telling the working, loyal, ethical, and there was U.S. administration or any other whom it a speech in July 2000 in which I think should or should not put in charge of its nothing to this. Ultimately, my col- he called Kim Jong Il, the North Ko- business. John Bolton held a senior position leagues on the other side kind of rean President, a tyrant, which, by the in counterproliferation arms control in the dropped that but after it was made way, he is. The comment was he was last administration and senior UK officials public, after they discussed it in public, straying off message, that he was say- worked closely with him on a range of issues. though I believe they had in their ing things that should not have been The bottom line is Mr. Powell never hands the same letters, the same rebut- said. told Mr. Bolton he was being too tough tal. That is one of the problems. There I have a copy of a letter from former in dealing with our European allies. are individuals who—John Bolton, by Secretary of State Colin Powell. It is Mr. Bolton has continued to represent the way, has been before this Senate dated August 26, 2003, when he was Sec- the Bush administration’s firm posi- three and perhaps four times. He has retary of State. He is sending a letter tion that Iran has yet to make their been before this body, been scrutinized, to JON KYL of the Senate. He says: strategic decision not to pursue nu- been confirmed three to four times. Dear Jon, I am pleased to reply to your re- clear weapons capability and, there- Now we reach a point, and maybe it is cent letter concerning John Bolton’s speech fore, Iran’s violation of its commit- the atmosphere around here, maybe in Korea and our reaction. ments under the Nuclear Nonprolifera- the partisan divide has gotten so great, Undersecretary’s Bolton speech was fully cleared within the Department. It was con- tion Treaty should be referred to the but what starts out with a concern sistent with Administration policy, did not United Nations Security Council. over policy then slips into attacks on really break new ground with regard to our There was another concern about an the personal. People’s character is dis- disdain for the North Korean leadership and, article 98 issue. The allegation was paraged, even though there is no basis as such, was official. that somehow Mr. Bolton blocked mili- for it, disparaged publicly, disparaged ‘‘ . . . and, as such, was official.’’ tary aid for Eastern European NATO in the media. ‘‘Fully cleared,’’ ‘‘was official.’’ candidate countries, even though there Folks then rely upon credible report- If one sat here and listened to what are article 98 restrictions, concerns for ing in Newsweek magazine, when the was said before, one would think some- not agreeing to take U.S. servicemen sources then who are close to the issue how this guy was off there on his own to the International Criminal Court, come back and say that credible re- saying things that were disruptive to have been waived. Bolton wanted to porting simply is not very credible. policy. pressure them to sign the article 98 People go through a ringer. If I was lis- That is not the way it works. For the agreements. tening to some of these allegations, I public who may not understand, when Rich Armitage, the No. 2 person at would come to some conclusions about we have a senior State Department of- the State Department under Colin character, but then when one looks, for ficial making speeches in North Korea, Powell, has refuted this claim. He said: instance, at the Westermann incident making speeches about Cuba and its I did not consider this unusual at all. and hears about serial abuse, they find policy regarding procurement of bio- Different fiefdoms at State often have out it was one conversation because

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5900 CONGRESSIONAL RECORD — SENATE May 25, 2005 Mr. Bolton believed he got stabbed in toughness it is going to take to get 191 and intelligence oversight. Our intel- the back; that the other conversation nations to stop putting Zimbabwe and ligence agencies are charged with gath- took place over a water fountain and Sudan on the Human Rights Commis- ering information around the world that was it, except when asked, about 6 sion. He has that ability. He has the and then objectively analyzing the in- months later, ‘‘Is there anything that confidence of the President. In the end, formation and providing it to the rest bothered you?’’ and he said, ‘‘He has elections matter. The President of the of the Government. Intelligence con- not bothered me.’’ But we get a charac- United States won the election. He has sumers, then, rely on that intelligence terization of temperament and loss of chosen someone to carry out that vi- for a variety of activities. Often, that temper and somehow being impolitic. sion, and that person has the record information forms the foundation of It is simply not credible. and the ability to do that. There is the very national security policies we I was there for just about every por- nothing in this record that undermines depend upon to keep our country safe. tion of every hearing and heard all the that. There is nothing in this record It is absolutely essential that our in- evidence. For all of these claims that that he ever said he changed intel- telligence is objective, independent, are made, if one looks, as they say, at ligence. There is nothing in this record and accurate. If it is not, then the sys- the rest of the story, they find out that that he ever got anybody fired. tem does not work, we waste billions of they are not credible. What is in this record is a distin- dollars each year, and we end up mak- It really gets back perhaps to where guished record that has been attacked, ing a critical national security deci- we started, that in the end this is savaged, and abused. I hope that does sion or a series of them based upon about policy. We should end where it not have the chilling effect on others flawed assumptions. began. There are those who simply dis- who want to serve this country. In the extreme, intelligence that is agree with Mr. Bolton’s approach. John Bolton is willing to serve this manipulated or shaped to fit pre- When I say ‘‘approach,’’ Mr. Bolton has country. He deserves the right to do conceived conditions could lead the made it very clear that he believes in that, and I hope that my colleagues country into a war that we should not the institution; that he is committed. agree and they support his confirma- be fighting. This, of course, was the He made the commitment—and I am tion. concern that many of us had when we going to take him at his word—to work I yield the floor. began our investigation of prewar in- with the institution. That is what he is The PRESIDING OFFICER. The Sen- telligence. It was a central point of the going to do. ator from West Virginia. committee’s review—a central point. It I think we have to take him at his Mr. ROCKEFELLER. Mr. President, I was something we pursued aggres- word, and we have to accept the fact speak as vice chairman of the Senate sively. In that case, the committee did that the President believes that U.N. Intelligence Committee, and I oppose not find evidence that the administra- reform is important and Mr. Bolton has the nomination of John Bolton to be tion officials as a whole attempted to the capacity to do the job. He nego- U.S. Ambassador to the United Na- coerce, influence, or pressure analysts tiated the Treaty of Moscow, nego- tions. I purposely highlight that posi- to specifically change their judg- tiated the U.N. reversing its position tion on the Intelligence Committee be- ments—specifically change their judg- on a resolution that had been in place cause it is Mr. Bolton’s pattern of at- ments—relating to Iraq’s WMD. I sup- a number of years which said Israel tempting to distort and to misuse in- ported that finding, although in my ad- was a racist state. Everybody said that telligence that is primary as a reason ditional views I described what I would be impossible to change, and for my opposing his nomination. I have thought was a more pervasive environ- John Bolton provided the leadership to many reasons to oppose his nomina- ment of pressure, created prior to the get the U.N. to reverse itself on that tion, but I will restrict myself to my war, to reach conclusions that sup- issue. He clearly has the qualifications work on the Intelligence Committee. ported the administration’s policies. and the skills. He has the support of Senator BIDEN and other members of I describe this effort now, however, the President. He has the support of the Foreign Relations Committee have not to revisit these issues that we in- the Secretary of State. He has my sup- walked through some of these facts, al- vestigated but to impress upon my col- port. I know how important this job is. though perhaps not all of them yet, re- leagues and the public how serious it is I know we have this window of oppor- lated to Mr. Bolton. So I will not go when policymakers are accused of at- tunity and we have to seize it. into all of the details. I do intend to tempting to manipulate the intel- I was a former prosecutor, and I provide some background and expand ligence process. This is behavior we know how it works. In Minnesota, the on at least one critical issue. I want to cannot tolerate, and this is the pattern prosecution gives a closing argument explain why this issue should matter to of behavior Mr. Bolton has exhibited and the defense goes after. There is no my colleagues and why Mr. Bolton’s during his tenure as Under Secretary of prosecution rebuttal. So I would often actions should disqualify him from this State. As I said, Senator BIDEN, Sen- go in front of the jury and I would say: position. ator DODD, and others have done a su- What you have to watch out for is the As my colleagues know, beginning in perb job in describing the specific inci- ‘‘rabbits in the hat’’ approach, that June of 2003, the Senate Intelligence dents. Let me add a few points to pro- what you are going to hear come out Committee undertook an exhaustive vide context for these episodes. on the other side is they are going to inquiry into the intelligence con- First, I want everyone to understand unleash a number of rabbits that are cerning Iraq prior to the war. After that the Intelligence Committee was going to come running out of that hat. more than a year, the committee aware of these allegations long before In this case, the first rabbit is of po- unanimously approved a scathing 511 Mr. Bolton was nominated to this job. sitions on the U.N.; the second rabbit is page report describing the intelligence These are not incidents dredged up of policy positions; the third rabbit is community’s systematic failures, par- after he had been nominated. saying things that should not have ticularly on issues related to weapons The committee’s Iraq report briefly been said; the fourth rabbit is personal of mass destruction. One of the central mentions the case of an INR analyst— behavior, et cetera, hoping that some- issues to the committee’s review was that is, the State Department intel- body on the jury chases one of those the question of ‘‘whether any influence ligence analyst—who had the courage rabbits. Instead, what we need folks to was brought to bear on anyone to shape to stand up in a committee hearing and do is keep their eye on the main thing. their analysis to support policy objec- acknowledge what he described as po- The main thing, as Steve Covey said: tives.’’ litical pressure. When the committee One thing is keep the main thing the It was a question so important, in staff interviewed this analyst, they dis- main thing. fact, and so fundamental to our com- covered that the instance involved The main thing is that this President mittee’s oversight role that answering Cuba and not Iraq. That being the case, has a belief that this U.N. needs re- it was one of the four specific tasks the committee did not pursue a review form. The main thing is that John laid out by Chairman ROBERTS and me because we were doing Iraq, not Cuba. Bolton has a long and distinguished at the beginning of this inquiry. Unfortunately, the committee’s final record of service to this country and an The issue of maintaining objectivity report described and commented on ability to get things done. He has the goes to the very heart of intelligence this incident without conducting a

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5901 complete investigation of the facts. It improper about the request. That, how- striction. I don’t know if that is accu- is now clear from the record developed ever, was not the end of the story. As rate, but I do know that it is entirely by the Foreign Relations Committee in part of our effort to respond to Chair- irrelevant because he knew about that. their excellent work that Under Sec- man LUGAR’s request for information, Anybody who is experienced to receive retary Bolton attempted to exact ret- the committee staff interviewed sev- intelligence at that level has to know ribution against this intelligence ana- eral individuals with knowledge of that. lyst because his analysis did not sup- Under Secretary Bolton’s request for He knew the classification of the port Mr. Bolton’s views. these names. During one of those inter- intercepts. He knew the sensitivity of As with the case of the INR analyst, views, a senior member of his staff de- information referencing U.S. persons. the State Department analyst, the scribed actions Under Secretary Bolton He knew the special procedures he had committee previously was aware of the took after he received one of those to go through to get that name. He allegations of politicization related to names. knew the requirement to closely guard the former National Intelligence Offi- According to this individual, upon re- this information, even if he had not cer for Latin America. We knew about ceiving the name from the National Se- seen the specific language on the trans- it. In the course of a briefing to the curity Agency, the NSA, Under Sec- mittal letter. Any attempt to place committee staff in November of 2004, retary Bolton shared that information for his action on others is thinly this individual described an effort to with another State Department offi- veiled, sad, and wrong. have him removed because his analysis cial. The reasons for this action are not I still have questions about this epi- was at odds with the views of certain clear, but it seems inconsistent with sode, but it appears to me on its face policymakers, including Secretary the stated reasons for obtaining the that he violated the restrictions placed Bolton. Unfortunately, the committee name. on this information by the National did not follow up on these allegations Let me explain. I must take a mo- Security Agency. Even if we discover until March, when the minority staff ment to describe the information we his actions were technically not a secu- on the committee began scheduling are talking about and put Mr. Bolton’s rity violation, if by a 1 in 1,000 percent interviews. I speak now of the Intel- action in some context. When a U.S. in- chance it turned out to be true, it em- ligence Committee, not the Foreign telligence agency—in this case, the Na- phasizes something even worse, and Relations Committee. It is clear from tional Security Agency—receives a re- that is a cavalier attitude to be, there- these interviews that the minority port that includes information con- fore, projected into the future in deal- staff on the Intelligence Committee did cerning a U.S. person, that information ing with extremely sensitive intel- and from the much more extensive is, so to speak, minimized—that is the ligence information. work done by the Foreign Relations technical term—for privacy reasons, This is part of a pattern which shows Committee that Under Secretary meaning that the U.S. name is replaced a blatant disregard for the importance Bolton and others, particularly Otto with a generic designation such as of the intelligence process which is the Reich, who was Acting Assistant Sec- ‘‘named U.S. Government official,’’ or spear tip of this Nation’s internal secu- retary of State for Latin America, ‘‘named U.S. citizen,’’ but that is all. rity and security around the world and sought to have the National Intel- Remember, this is information that is the sensitivity of the information con- ligence Officer reassigned because his already classified at the highest levels, tained in intelligence products. analysis did not support their policies. or it would not receive this treat- When viewed collectively, these ac- These two episodes, in my mind, are ment—classified at the highest levels tions demonstrate Mr. Bolton’s enough to disqualify Mr. Bolton from and shared with a very limited number unfitness for this position. I thereby this position. But there is more to this of people in order to protect the source urge my colleagues to oppose his con- pattern of abusing the intelligence of that information. The U.S. name is firmation. I thank the Presiding Offi- process. During the course of the nomi- even more closely guarded and not pro- cer. nation process, we learned that on at vided unless an appropriately cleared Mr. DODD. Will the Senator yield? least 10 occasions, Mr. Bolton had official reading that intelligence report Mr. ROCKEFELLER. I yield to the sought to learn the identity of 19 U.S. makes a specific request for it in order Senator. persons—this has been discussed on the to better understand the foreign intel- Mr. DODD. Let me thank my col- Senate floor, but I am going to add ligence, and it is only intelligence that league from West Virginia who holds something—19 U.S. persons mentioned that person can be concerned with. the very difficult position, along with in intelligence reports. There has been The rules for dealing with this kind Senator ROBERTS, of being the ranking a great deal of speculation as to why he of comprehensive information are very member and chairman, respectively, of wanted these names, whether it was strict. It is only provided on a case-by- the Intelligence Committee. It is a proper to seek this information. case basis at the request of a specific very difficult job. To answer these questions, Chairman individual. The National Security For those who have served some LUGAR asked Chairman ROBERTS and Agency has a formal and very well es- time, we appreciate immensely the tre- me to solicit information from the ap- tablished procedure for processing such mendous difficulty of trying to manage propriate agencies. Eventually—even- requests and for providing the names and handle the information that comes tually—eventually, the new Principal to the requester. their way. I am particularly grateful to Deputy Director of National Intel- When a decision is made to release my colleague for his comments here ligence, GEN , briefed the name, it is transmitted with a today regarding the issue of the intel- Senator ROBERTS and myself. He did cover sheet with the following admoni- ligence analysts and the handling of not brief Senator LUGAR and Senator tion: very delicate information. BIDEN—Chairman LUGAR and Ranking Request no further action be taken on this As my colleague from West Virginia Member BIDEN. That is a mystery to information without prior approval of the knows, and I state this in the form of me. I don’t understand that. But he National Security Agency. a question, Senator BIDEN, obviously, briefed us on the content of the intel- Probably that would not have to be and Senator LUGAR, going back to ligence in question. there because anybody at that level un- April 11, have requested information Let me be clear. We did not receive derstands that already, but neverthe- regarding the intercepts that the Sen- the names, the very names provided to less it is there, front and center. This ator from West Virginia has just de- Under Secretary Bolton—which is an language is clear. This language is un- scribed, along with other information extraordinary sense of control of one ambiguous. But Mr. Bolton apparently from the State Department regarding branch of Government over another. disregarded it. Neither the NSA, the testimony that Mr. Bolton was to give We did not receive those names. We National Security Agency, nor the before a House committee dealing with read everything associated with those State Department’s Bureau of Intel- weapons of mass destruction in Iraq. names but not the names themselves. ligence and Research has a record of We have been unable the last number They were not given to us. him seeking the necessary approval to of weeks to get the necessary informa- Based on my limited review, I noted further disseminate the name. Now his tion from the administration regarding from the rest of the context nothing defenders say he never saw that re- these allegations.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5902 CONGRESSIONAL RECORD — SENATE May 25, 2005 As such, we are asking the adminis- Mr. ROCKEFELLER. No, it was not nomination but would he transmit the tration today if they would not be available and it is part of this pattern. request—I am not suggesting he sup- forthcoming with that information, to We have to decide if there are two port the request—but would he trans- give the chairman and the ranking branches of Government or one. mit the request to the appropriate per- member of the Intelligence Committee Mr. DODD. I thank my colleague and sonnel at the State Department or the unredacted versions of these inter- I appreciate again his comments. White House regarding this informa- cepts, along with the chairman and I will be very brief in my comments tion. Graciously, the majority leader ranking member of the Foreign Rela- this afternoon. I notice there are other has said he would do so, and I presume tions Committee—not all members of Members here. I saw my friend from he has. the committee, not all Members of the Virginia, Senator ALLEN, in the Cham- No cloture motion has yet been filed, Senate. I believe this is the normal op- ber. Senator COLEMAN of Minnesota has but it is my understanding, because it erating procedure when matters like already spoken, but he may want to is the way I framed the request, that I this arise, that requests are made of speak. I think Senator LEVIN of Michi- would not insist upon a normal period the administration for information and gan may be coming over shortly. of time to expire before a cloture mo- they go to selected, designated mem- I will reserve for tomorrow further tion could be invoked, or could be bers to review, to determine whether discussion of the nominee himself and raised, nor would I insist that there be there is something that as Members of the reasons for my objection for this an adequate amount of time after the this body we ought to be aware of in nomination going forward, but, rather, cloture motion, if it were invoked, be the consideration—relevant informa- I will focus in these brief minutes, if I required, the 30 hours of debate; but, tion in the consideration of a nomina- may, on where we are and the proce- rather, we would truncate all of that tion. dural situation in which we find our- some time tomorrow afternoon to give My question is, Is this an inappro- selves. everyone an exact time to express I say to my colleagues it is awkward. priate request from the Senator from themselves on either the motion to in- We have just come through a rather Delaware and the Senator from Indi- voke cloture or on the nomination contentious period in the history of the ana, to get unredacted versions, to go itself. to the Intelligence Committee and the Senate over the last number of days Foreign Relations Committee for them dealing with how we deal with execu- If we are unable to get this data, in- to be able to review, to determine tive branch nominees. It would not formation, which has been requested whether they would be relevant to this have been my choice to have this mat- now for 6 weeks, I will urge my col- nomination? ter come up in the midst of all this or leagues not to invoke cloture. I would Mr. ROCKEFELLER. I say to the in the wake of all of this. I would have do so most reluctantly, and I urge my Senator from Connecticut it is not preferred we had dealt with judicial colleagues, regardless of feelings about only appropriate, but it is necessary. nominations, which I thought was the the nominee. The Senator from Connecticut de- primary rationale for the crisis we ran This is what I want to address. We all scribed the very condition of its sensi- into over the extended debate rule. have had strong views on Mr. Bolton. I tivity and its importance and therefore However, it is clearly the choice and see my friend from Virginia. He has the importance of its place in this the right of the majority, in my view, been eloquent in his defense of Mr. nomination consideration. to set the agenda. As such, they have Bolton, as has my friend from Min- The fact that only Senator ROBERTS set the agenda to bring Mr. Bolton’s nesota. and myself were briefed for a long pe- nomination up before the Senate rath- I listened to the remarkable speech riod of time is part of the way the ad- er than additional judicial nominations given by our colleagues: Senator ministration either shares very sen- before the Memorial Day recess. VOINOVICH of Ohio, Senator BIDEN, Sen- sitive information which they do not I have been asked and objected to a ator SARBANES, Senator ROCKEFELLER, want other committee members to unanimous consent request that would and others. There are strong feelings have—which, of course, makes other have allowed for an up-and-down vote about this nomination. But put aside committee members furious, as it on Mr. Bolton at some point tomorrow your strong feelings about the nominee would me, but they cannot take afternoon. I have said to the majority and think for a minute about what we chances—but what that emphasizes is leader and the minority leader, it is are asking for as an institution; that the importance and the confidentiality not my intention at all to filibuster is, data that pertains to this nomina- and the high degree of sensitivity of this nomination. That is not what I tion. the information. When you are putting want to have occur at all. I noted with some interest earlier somebody potentially into the United I have suggested we ask the adminis- today that one of the newspapers that Nations to effect policy, to reflect the tration, once again, would they be covers Capitol Hill reported that a views of the President more directly forthcoming and give us this informa- House Appropriations Committee, obvi- than the President can do on a daily tion about the National Security Agen- ously under the control of the Repub- basis, to reflect the views of the rest of cy intercepts to go just to Senator licans—the majority—was expressing a the world toward the United States, ROCKEFELLER, Senator ROBERTS, Sen- similar problem in getting information this kind of thing must be available to ator LUGAR, and Senator BIDEN for re- out of the administration on matters Senator ROBERTS and myself and, just view to determine what, if any, infor- they thought were important. as importantly, to Senator LUGAR as mation in those 10 intercepts involving chairman of the Foreign Relations 19 names of American citizens that I do not think this desire to deprive Committee, for Heavens’ sake, and might have some relevancy to the nom- the committees of information on Mr. Senator , the ranking mem- ination of Mr. Bolton. That request has Bolton is unique. I believe it is a pat- ber. been rejected since April 11, basically, tern that we, as Members of this co- Mr. DODD. Let me further ask my and there have been numerous re- equal branch of Government, must de- colleague, if I may, as I understand it, quests. fend ourselves on, that if the adminis- when a policymaker requests of the Na- The second request involves a request tration—this administration or any ad- tional Security Administration the raw that Senator BIDEN has expressed a ministration—believes they can suc- data on an intercept, there must be a strong interest in detailed information cessfully deprive legitimate requests written explanation for why the policy regarding testimony of the weapons of for information pertaining to a matter center or policymaker is seeking that mass destruction in Syria that was to that is before us, particularly one that information; is that not correct? be the subject of congressional testi- invokes as much debate as this nomi- Mr. ROCKEFELLER. That is correct. mony by Mr. Bolton. That information nation has, then we all suffer. Whether And that is not available. is also being sought. you are for Mr. Bolton or against Mr. Mr. DODD. That was my second ques- I commend and thank the majority Bolton is not the point. The point is, tion. Was that available to the ranking leader, by the way. Earlier today in my we ought to have a right to have infor- member and the chairman of the Intel- conversations with him, I expressed mation given to us, under controlled ligence Committee? that I had no desire to filibuster this circumstances—not to the availability

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5903 of every Member under every cir- That is not going to be that hard. It one voice: We support the nominee—if cumstance but we have set up mecha- could be done in a matter of hours, and we do—but, Mr. President, in your ad- nisms which allow us to have informa- we could then vote on Mr. Bolton’s ministration, it is appropriate that you tion to determine its relevancy to nomination by tomorrow afternoon, up be forthcoming on the request. something such as this. or down, one way or the other. I would There is the chairman of the Intel- Consider, if you will—I am speaking hope my colleagues would join in this ligence Committee and the ranking hypothetically now, obviously—that effort. If we tell the administration as member, and there is the chairman of the administration deprives us of this a body that we have a right to this in- the Foreign Relations Committee and information, the Senate invokes clo- formation, I would wage anything to the ranking Democrat—four Senators. ture, and there is then a vote to con- my colleagues that the administration For them to get the unredacted firm Mr. Bolton and in a matter of would be forthcoming with it. It is be- versions of these intercepts and the in- days or weeks we discover that the cause they believe there are more than formation regarding Syria is not some very information requested is so dam- 40 Senators here who will vote to in- breach of intelligence. Remember, Mr. ming that every Member of this body voke cloture that they will not provide Bolton and his staff had access to this would have been against the nomina- the information. The minute they information. They could read those tion had they known the information think we might insist upon seeing it, I names. They know what is in it. Does at the time of the vote. There is the think the information will be forth- some Under Secretary of State have possibility of that, I would suggest to coming. more rights than the Senator from Vir- my colleagues, or I would not have re- There are those who have told me, by ginia or the Senator from Minnesota or quested the information. the way, as a general matter that while the Senator from Connecticut or the How would we feel institutionally at this was an extraordinary request in Senator from Kansas? I don’t think so. that point if we did not stand up for some sense, in others it may not have The PRESIDING OFFICER. The time ourselves as Senators in insisting that been an extraordinary request. I am of the minority has expired. this administration—or any adminis- thinking about Mr. Bolton’s request Mr. DODD. Mr. President, I will con- tration when there was a legitimate re- now. So there may very well be there is clude just by saying I would hope my quest for information pertaining to a nothing in these requests that should colleagues would consider this, and nomination such as this—ought to be cause any of us any concern. It may be rather than get to the point tomorrow forthcoming, and we ought not to have true, as well, regarding the Syria alle- night of having to invoke cloture, to go through the parliamentary proce- gations. If that is the case, then there would they not even quietly ask the dures and debates and invoking various is nothing to fear by any of this to administration to be forthcoming? We tactics in order to put pressure, in bring it up. But in the meantime, insti- do not need to go through this. We order to get this information? It seems tutionally, in my view, as Senators could have a vote on Mr. Bolton up or to me that ought to be forthcoming. representing a coequal branch of Gov- down tomorrow afternoon, one way or For those reasons, I am grateful to the ernment, when there is a legitimate re- the other, and avoid this precedent-set- majority leader for transmitting the quest for information and an appro- ting circumstance where legitimate in- request. priate and proper means by which we formation is not forthcoming. That is I have also said, just to complete receive and handle that information, it the point I wanted to make this this, that if, in fact, cloture is invoked, ought to be forthcoming. When we fail evening. that then I am prepared to vote imme- to insist upon that, in any administra- I thank the Chair and thank my col- diately thereafter on the Bolton nomi- tion, we weaken the ability of this leagues. nation. To make my point, I am not place to do its job. That is really what The PRESIDING OFFICER. The Sen- anxious for an extended debate or fili- is at stake in the debate here more ator from Minnesota. buster beyond cloture. Obviously, if than anything else at this moment. Mr. COLEMAN. Mr. President, I will cloture is not invoked, then my as- Now, there will, obviously, be further speak very briefly and yield to my col- sumption would be the matter would debate about Mr. Bolton. We all know league from Virginia. go over until after the Memorial Day that. We have been through it. Those of Mr. President, I would note that the recess, in which case we might have us who serve on this committee have chairman of the Intelligence Com- some additional time to solicit the in- had hours of debate on this issue. I sus- mittee is here, and I suspect he will re- formation we are seeking. pect my friends from Virginia and Min- My preference would be we get the nesota could quote my remarks about spond to some of these issues. information. We still have time. It is Mr. Bolton, as I could theirs. We have There is just one point the distin- only 5:30 in the evening tonight. If the listened to each other for countless guished Senator from West Virginia administration would say: Listen, we hours about this issue. Our colleagues raised again and again, and I just want can give you this information—even if will soon get the benefit of these re- to make the RECORD very clear; that is, we do not get it until tomorrow morn- marks as we repeat them again in the again, he stated that it is clear, in his ing, there ought to be adequate enough next 24 hours or so. words, that the Under Secretary criti- time, from tomorrow morning to the That is not the issue tonight for this cized this employee ‘‘because his anal- afternoon, by the appropriate commit- Senator. The issue for this Senator to- ysis did not support Bolton’s view.’’ I tees to go over the unredacted versions night is, does the Senate, as a body, want to make it clear, the record does of this—by the way, not crossing out when there is a nomination before it— not support that. In fact, it was very the names of the very people we want when there is critical information that clear that John Bolton said to the in- to know—who they are—in addition to serious Members of this body believe is telligence analyst: the rationale for the request, so we can pertinent to the debate before us— You are welcome to disagree with me, but make a determination as to whether should we have the ability under con- not behind my back. those intercepts, and the requests of trolled circumstances to access that in- That is what this was about. In fact, them, have pertained to Mr. Bolton’s formation? If my colleagues believe the the analyst himself gave some con- determination to punish certain people answer is no and the administration is flicting reasons of why he did not tell in the intelligence branch of the State not forthcoming, then you ought to in- Bolton that he had tubed his language Department because of their analysis voke cloture. If you believe we ought before he sent it around. He never told that Mr. Bolton had some difficulty to have a right to this information, him that. That is what this is about. In with. even though you support the nominee, fact, when the analyst was asked Also, of course, there is the request as a matter of principle, as U.S. Sen- whether he disagreed with the state- that Senator BIDEN is calling upon; ators charged under the Constitution ment ‘‘You are welcome to disagree that is, whether there was some effort to be responsible for the confirmation with me’’—it is Bolton speaking to the here to cook up the books regarding of high-level Federal employees and analyst—‘‘but not behind my back,’’ the weapons of mass destruction or the nominees, then it seems to me our an- his comment was, ‘‘That does ring a allegation of weapons of mass destruc- swer, despite our views about the nomi- bell.’’ So that is what this is about. It tion in Syria. nee, ought to be yes and to say with is about process, it is not about policy.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5904 CONGRESSIONAL RECORD — SENATE May 25, 2005 The last thing I would note is that we Mr. ROBERTS. I thank the Chair. I This morning, I sent a letter back to have had 10 hours of hearings, 35 sepa- certainly thank the distinguished Sen- Senator LUGAR detailing my findings rate staff interviews, 2 business meet- ator from Virginia. This is sort of a and conclusions. This letter, which was ings, 29 different people producing 1,000 quandary for me in that sitting in my also provided to Senator BIDEN, pro- pages of transcripts and 800 pages of office listening to the debate, I was vides the rest of the story. With your documents from the State Department. having a hard time putting two and indulgence, I will read my letter into This individual has gone through a two together with my understanding of the RECORD, as addressed to the Honor- very thorough review. what the Intelligence Committee de- able RICHARD G. LUGAR, chairman of I appreciate my colleague from Con- termined—not the committee but the the Committee on Foreign Relations. necticut not holding us up. vice chairman and myself. And in lis- It reads: Clearly, if cloture is invoked, we tening to the statements, they just Dear Mr. Chairman: could wait another 30 hours. I thank didn’t jibe. It is not my intent to per- I write in response to your April 28, 2005 him for that. But the record is clear it jure the intent of the distinguished letter asking this committee to examine a is time to move forward. vice chairman, but I sure have a dif- number of intelligence-related issues that With that, I yield the floor. ferent take on this. I think it is sup- have been raised during the Committee on The PRESIDING OFFICER. The Sen- ported by facts. Foreign Relations’ consideration of the nom- ator from Virginia is recognized. I am rising in the hope of providing ination of Under Secretary John Bolton to be the United States Representative to the Mr. ALLEN. Mr. President, I thank some clarification surrounding one of my wonderful colleague from Min- United Nations. My hope was to respond the issues related to the nomination of jointly with Vice Chairman Rockefeller. nesota, Senator COLEMAN, for his John Bolton to be U.S. ambassador to rebuttals of what has been said. As While we both agreed there was nothing the U.N. within the contents of the intelligence re- Senator COLEMAN and I have listened On April 28, the vice chairman and I, ports in question that caused us any concern, to this in the Foreign Relations Com- Vice Chairman ROCKEFELLER, received we were unable to agree on a final text in re- mittee for many weeks—and all of a letter from the distinguished chair- sponse. these different issues and allegations man of the Foreign Relations Com- This was not for lack of trying. One and charges that have been refuted—we mittee, Senator LUGAR. In that letter, day, 2 days, 3 days, a week, I think it understand that what we are now off on the chairman asked the Senate Intel- was 10 days, trying to work out a joint are the detours and tangents, avoiding ligence Committee to look into all in- letter. It just didn’t happen. So we the reality and what is important; that formation surrounding the process by have two versions. I don’t quite under- is, John Bolton being the right person which Mr. Bolton, between the years stand why, but especially since we both to bring accountability, being a watch- 2001 and 2004, requested the names of met with General Hayden, who is the dog for the $2 billion the American tax- U.S. persons that had been redacted Director of National Intelligence and payers send to the United Nations from various intelligence products. The who was the head of the NSA and, as every year. The United Nations ought Intelligence Committee was asked to such, is the head of intercepts and sig- not to be a front for terrorist organiza- solicit all information regarding the nals intelligence. tions or anti-Americanism. I might say right now that I really do John Bolton has a record of perform- process by which Mr. Bolton’s requests not like this business of coming to the ance that is exemplary, from the Pro- were handled, the contents of the re- floor of the Senate and talking about liferation Security Initiative to repeal- sponses, and the process by which they signals intelligence and intercepts. ing the odious resolution that likened were communicated, as well as any Zionism to racism. They don’t want to conclusions reached by the appropriate That causes me great concern. It is of talk about the United Nations and the intelligence agencies or elements the highest classification. reform that is needed. thereto as to any violations of proce- I continued to Senator LUGAR: They talk about John Bolton being dures or directives or regulations or Nevertheless, I am going to convey to you straightforward. He is straightforward. law by those with knowledge of Mr. my findings and conclusions. After completing an examination of these He is not going to get seduced by the Bolton’s requests. That was a pretty clear letter. That sets out some pretty issues I have found no evidence that there flowery language and pontifications of was anything improper about any aspect of bureaucrats internationally. He is clear questions. Mr. Bolton’s requests for minimized identi- going to advance freedom and the in- It is my understanding that the vice ties of U.S. persons. I further found no viola- terests of the United States and get chairman of the committee, the distin- tions of procedures, directives, regulations other countries to join us. guished vice chairman and a person or law by Mr. Bolton. Moreover, I am not Having been a quarterback, there is a whom I respect, Senator ROCKEFELLER, aware that anyone involved in handling key player you always want to put in sent his own letter to Senator BIDEN these requests had any concerns regarding when you want to refute allegations of with a different interpretation of the these requests at any point in the process. the side in opposition. I note that all of issues than I have described. I also un- State Department records indicate that Under Secretary Bolton’s office did request derstand that Senator BIDEN read that these individuals who have been criti- the minimized identities of U.S. persons that cizing Mr. Bolton, before they heard letter on the floor this afternoon. I re- are contained in the National Security Agen- any of these allegations about inter- gret that a meeting in the Intelligence cy signals intelligence products on ten sepa- cepts, anything about the sensibilities Committee did prevent me from re- rate occasions. Every request was processed of different Government officials being sponding at that particular time, but by the State Department’s Bureau of Intel- offended by Mr. Bolton, all of them— since the distinguished vice chairman ligence and Research. Senators BIDEN, BOXER, KERRY, DODD, has made his remarks and his interpre- The acronym for that is INR. SARBANES, and ROCKEFELLER—in 2001, tation, perhaps this timing is even bet- In each case, INR personnel followed stand- voted against Mr. Bolton in his posi- ter. But what I don’t understand is why ard procedure by preparing a written request tion as Under Secretary before they the distinguished Senator from Dela- which included a justification for the re- heard any of these allegations. ware read only one of the letters from quest. Now to talk about and to present the the vice chairman when he had both in INR sought the identities on behalf of Sec- facts on this latest fishing expedition his possession. retary Bolton’s office in each instance to Nevertheless, in his letter of April 28, better understand or assess the foreign intel- that we are hearing from the opposi- ligence value of the information that was tion of Mr. Bolton insofar as the con- Senator LUGAR asked the Intelligence contained in these documents. Senior INR versations, the perfect person to speak Committee to assist the Foreign Rela- officials were then responsible for deter- on this and to answer the issue is the tions Committee in ascertaining the mining whether the requests were reason- chairman of the Intelligence Com- facts. This is what I attempted to do, ably related to Under Secretary Bolton’s mittee, Senator ROBERTS of Kansas. He and I think my letter certainly speaks area of responsibility. will rebut the allegations so far as for itself. Unfortunately, I believe that Continuing my response to Senator matters dealing with intelligence are the vice chairman’s account did omit LUGAR: concerned. some important facts which I believe In every instance, they were so determined The PRESIDING OFFICER. The Sen- give a much clearer picture of what ac- and electronically transmitted to the NSA ator from Kansas is now recognized. tually took place. for approval. The NSA approved all ten of

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5905 Mr. Bolton’s requests and transmitted its re- not the targets of foreign intelligence collec- any guidance from INR or the NSA, dis- sponses to [the State Department and the] tion, their identities are, as a matter of pol- cussed the U.S. person identity contained in INR. INR officials then notified Mr. Bolton’s icy, redacted or minimized to protect their the 20 February 2003 Information Memo- staff that they had received the responses privacy. When an intelligence analyst or pol- randum with one other individual. and made them available. icymaker determines that a U.S. person This has been pointed out as a big Committee staff interviewed INR analysts identity is necessary to better understand deal by the vice chairman and my good and NSA officials responsible for processing and assess the intelligence value of the infor- friends across the aisle. the requests for the identities of U.S. persons mation, they are permitted to request that contained in signals intelligence products. identity. The NSA evaluates that request This particular individual was the person None of the individuals interviewed indi- and either grants it or denies it. As already referenced in the report. This person worked directly for Under Sec- cated that there was anything improper or discussed, all of Mr. Bolton’s requests were retary Bolton, possessed the necessary secu- inappropriate about Mr. Bolton’s request. reviewed by both the INR and NSA and were rity clearances, received and read the same We were also briefed by General Michael granted. intelligence report in the course of his du- Hayden, former Director of the NSA and cur- In the course of our review, we found that ties, and understood that he was the U.S. rent Principal Deputy Director of National the Assistant Secretary for INR requested person referred to therein. Intelligence— the identities so that they could be passed to Under Secretary Bolton. The NSA provided I don’t see what the problem is in He is a man who I think gives the that regard. Is this the big problem best briefing of anybody in the intel- the U.S. person identities to the INR in the form of Information Memoranda addressed here that somebody is alleging illegal ligence community, and who was ap- to the Assistant Secretary for INR. We were activities? By the way, the first time I proved in regard to his nomination to provided a copy of one of the memoranda, learned about that was reading about that position by unanimous consent by dated 20 February, 2003. This document in- it in the New York Times, as opposed this body. cluded a paragraph which stated: to reading the letter disseminated by ‘‘You may disseminate the information as He also stated that Under Secretary Senator ROCKEFELLER to the distin- Bolton’s requests were not only appropriate, requested, provided it retains the classifica- tion as stated in paragraph two above. Re- guished vice chairman of the Senate but routine. In fact, INR records indicate Foreign Relations Committee. that since May 2001, INR submitted 489 other quest no further action be taken on this in- requests for minimized identities. formation without prior approval of NSA.’’ The NSA request that recipients of infor- mation about specific identities of U.S. per- John Bolton requested 10. Now, that is important—‘‘request no further action be taken on this infor- sons take ‘‘no further action’’ with regard to Finally, the Vice Chairman and I reviewed the information provided is driven by con- all ten documents— mation without prior approval of cerns about the privacy rights of named indi- NSA.’’ We reviewed the intercepts. That is viduals. These privacy concerns do derive what we are supposed to do. That is the The NSA confirmed that it uses standard from Attorney General-approved minimiza- dissemination guidance language in response tion procedures which regulate the collec- job of the Intelligence Committee. It is to customer requests for release of identi- tion, processing, retention, and dissemina- limited to only us two, and for darn ties. We were also told that Mr. Bolton was tion of information to, from, or about any good reason, because of the classified not provided the 20 February 2003 Informa- U.S. persons. The request is also prompted nature of the subject at hand. tion Memorandum containing this language. by concerns about protecting intelligence —containing the references to U.S. persons Upon further inquiry, we learned INR does sources and methods. that generated Under Secretary Bolton’s re- not provide the NSA transmittal sheets con- Not to mention the chilling effect it quests. The documents we received did not taining the U.S. person information, or the would have in regards to all intel- contain the actual identities of the mini- handling information contained therein, to ligence analysts. mized U.S. persons. After reviewing the con- the requesters of the identities, nor does it specifically instruct the requester on the Mr. Bolton’s actions in this instance would tent of each report, however, it was apparent not implicate any of these concerns. He dis- to us both— handling of such information. The INR passes U.S. person identities verbally, with- cussed the identity with the actual named This is my recollection of the meet- out any further guidance. The NSA expects person who was not only fully cleared to re- ing, and I cannot conceive of any other the INR to provide specific handling instruc- ceive the information, but already possessed recollection that is accurate. tions at the time INR provides the identity the same information. It is also important to to the requester. note that the NSA’s guidance is formulated —that it was not necessary to know the ac- as a ‘‘request,’’ not a mandate. When asked tual names to determine whether the re- Not only did INR not provide such instruc- tions to Mr. Bolton, it does not provide them why the NSA ‘‘requests’’ rather than re- quests were proper. quires, that ‘‘no further action’’ be taken Ultimately, I found no basis to question to anyone. Also, it has never established any formal procedures to train or educate re- with a U.S. person identifies without prior the justification for, or the appropriateness approval, the NSA responded by stating that of, Mr. Bolton’s requests for the identities of questers Department-wide on the appro- priate handling of U.S. person identities. the language is now ‘‘currently under re- U.S. persons contained therein. view.’’ This came as somewhat of a shock to I continue in my letter to Senator So it is a pretty nebulous standard me, and it is something we have to re- LUGAR: we are referring to in terms of any al- view in the Intelligence Committee. Further, General Hayden informed us that leged misconduct. In fact, in the case of the 20 February 2003 it is not uncommon for senior government I intend to work closely with the Director memorandum, the INR did not pass the iden- officials above the rank of Assistant Sec- of National Intelligence to ensure that our tity directly to Under Secretary Bolton, but retary to make such requests. It is worth intelligence agencies and elements are doing rather passed it to an individual within his noting that Mr. Bolton did not request the everything they can to assist and educate office, an action which violated the express identity of every U.S. person referenced in the requesters of U.S. person identities in dissemination guidance contained in the In- the documents which would have been his the proper handling and protection of this formation Memorandum. The Assistant Sec- prerogative. information. We must do everything we can retary at the time of this violation was Carl to not only protect the privacy of our citi- I can remember the distinguished Ford. zens, but to protect and preserve intelligence vice chairman’s comments indicating The NSA did not in this particular in- sources and methods. they didn’t even ask for all of them. stance, and does not as a matter of course, While I found that Mr. Bolton’s conduct do anything to ensure that its dissemination I do not think you will find any quar- was entirely appropriate and consistent with guidance is actually followed by the Assist- rel among anyone on the Intelligence the protection of intelligence sources and ant Secretary for INR or any official in any Committee or the vice chairman or methods, I did find that there are significant other Department government-wide. myself on that. deficiencies in the process by which U.S. per- The NSA depends upon the recipient to It is for this reason that I was a bit sur- son identities are provided to requesters of provide specific handling instructions to the prised and dismayed when a member of your such information. requester and to handle the information ap- committee— propriately and in accordance with instruc- We have had a lot of discussion about tions. It appears that Assistant Secretary Again, this is the letter that I sent to questioners. Carl Ford did neither in this case. The INR’s Senator LUGAR— As your committee has now learned, a re- failure to instruct the recipients of U.S. per- broached this issue in the course of your quest for a U.S. person identity is a routine son identities on their proper handling has public confirmation hearings. Normally, in- occurrence in the intelligence process. The left the State Department officials essen- telligence sources and methods are discussed incidental collection of U.S. person identi- tially to fend for themselves. in closed session to protect our continuing ties is a fact of life in the signals intel- During the course of this review, we ability to collect the intelligence we all ligence business. Because U.S. persons are learned that Mr. Bolton, in the absence of agree is so vital to our Nation’s security.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5906 CONGRESSIONAL RECORD — SENATE May 25, 2005 As is often the case, some individuals, who that they sometimes disagree with us I stand the information upon which they are not familiar with intelligence issues, per- find fine.’’ base those judgments, and form my ceive that something is unusual and con- That is a little slightly different take own opinions about gaps in their logic. cerning when, as in this instance, it is actu- on what we have been hearing so far. I The vice chairman and I have agreed ally very routine. That is why the U.S. Sen- guess what Mr. Ford meant to say—and ate created the Intelligence Committee to on that, to look at every capability we deal with these issues in an informed, re- he has been before the committee have in regard to national security sponsible, and secure manner. It is my hope, many times; he is a fine man—is that threats. Do we have the intelligence in the future, intelligence issues will be dis- it is fine to disagree with intelligence capability? Do we have the collection? cussed in executive session so that we can analysts as long as you are not John Do we have the analysis? Is there a protect what are vital national security as- Bolton. I only highlight some of the consensus threat analysis that makes sets. things to emphasize that there seems sense? Are there gaps? I appreciate your recognition of our unique to be a double standard for this par- We do not want to repeat past mis- ability to assist with intelligence-related issues as you consider this very important ticular nominee. takes. I am not going to go down the nomination. We take very seriously our With the indulgence of my col- laundry list, starting with Khobar oversight responsibilities and our obligation leagues, I would also like to address Towers and ending up with 9/11 or the to protect highly sensitive intelligence infor- some additional misperceptions about Madrid bombing or whatever it is we mation. Your consideration of our duty to the intelligence community that were are talking about, or the USS Cole. We protect intelligence sources and methods is published as minority views in the Sen- have to put that one in. greatly appreciated. ate Foreign Relations Committee re- So basically I resent any suggestion Sincerely , Chairman. port on Mr. Bolton’s nomination. The that this performance of my duty is With a copy showing to the Honor- minority claims that policymakers somehow improper. I do not think that able JOSEPH R. BIDEN, Jr. should be restricted from making pub- is right. Intelligence is a serious busi- Mr. President, I said I beg your indul- lic statements that ‘‘defame U.S. intel- ness, dealing with life-and-death issues. gence in the reading of that entire let- ligence agencies.’’ I find this to be a In my experience, our intelligence ana- ter on the floor of the Senate. That is rather absurd concept. lysts understand this. They know that the text of the letter I did send back to I do not know how one ‘‘defames’’ an defending their views is vital to the Senator LUGAR and obviously copied to entire Government agency, but I do process and are fully capable of doing Senator BIDEN as of this morning. know that criticism played a vital role so. These are individuals who work Why my colleagues chose to give you in our collective effort to reform the every day to defeat terror and defend only part of the story is a question intelligence community and demand our national security. They are tough only they can answer. I have my think- change for failure. I am not aware of and they are good. They are not deli- ing about that, but I am not going to any special status that insulates mem- cate, hothouse flowers unable to defend go into that on the floor of the Senate. bers of the intelligence community their views or take criticism. They are, I also would like to add a bit of tex- from criticism, nor should there be. however, humans involved in a fun- ture to some of the statements that That should be a slam dunk. damentally human process. Intel- have been made here today in regards I am also unaware of any special sta- ligence analysts can make mistakes to Mr. Carl Ford of ‘‘kiss up and kick tus that prevents intelligence analysts and their judgments are not immune down fame.’’ That has been quoted a from having their views or actions from their own biases. lot. Mr. Ford has made a number of challenged by policymakers. Intel- Intelligence assessments should in- other statements that I think are rel- ligence analysis is not an exact form policy, not dictate it. Ultimately, evant to these issues raised by my science. Intelligence analysts are not as policymakers we need to understand friends in opposition to Bolton’s nomi- infallible and their assessments are not that intelligence is merely a tool that nation. unassailable. While the intelligence at times can have great value as well For example, on page 276 of the Sen- community has had many successes in as serious limitations. ate Intelligence Committee’s Iraq the past few years for which it should, If we are going to make an informed WMD report, Mr. Ford addressed the and can, be proud—there are many judgment of Mr. Bolton’s fitness for issue of whether it was appropriate for good things they have done in pro- this position, please, I implore my col- policymakers to view intelligence as- tecting the homeland and providing leagues, let us do it based upon all the sessments with skepticism. real-time intelligence to the facts known to us, not just the facts we I will just tell you that every mem- warfighters—astounding failures, such like or pick out. ber of the Intelligence Committee now, as 9/11 and Iraq, should make it clear In conclusion, I have looked at the after our WMD report, does not take that the intelligence community does intercept issue and allegations sur- anything at face value, and I think make mistakes. rounding Mr. Bolton’s management that has helped. We just had a hearing I often lament that policymakers did style. I have found nothing which today in which we had a response that not ask enough tough questions about would give me pause in voting for his I think was certainly more candid: Tell Iraq’s suspected WMD programs prior confirmation. I support the Bolton me what you know; tell me what you to the war. Let me just say that per- nomination. I urge my colleagues to do don’t know; tell me what you think. I sistent questioning to an analyst is not the same. think there has been a historic change viewed by the analysts, in the 250 ana- I yield the floor. in the intelligence community as a re- lysts we interviewed, as being pres- Mr. DODD. Will my colleague yield sult of our report and the WMD Com- sured. If anything, we should be asking before he leaves the floor? mission, appointed by the President more questions. If anything, several Mr. ROBERTS. Sure. Why not. and the 9/11 Commission, in the inter- members of the Intelligence Com- Mr. DODD. I thank my colleague for est of all Senators. mittee, whom I admire and respect and doing so. Let me preface my question Mr. Ford said if a policymaker ‘‘be- am very proud to be their chairman, to him by telling him how much—as I lieved everything that the intelligence ask more repetitive questions of wit- said to Senator ROCKEFELLER, I have community told him, including what nesses every time we have a hearing great admiration and respect for the INR tells him, he’d be a fool. You than people are complaining about in work the chairman and the ranking should know better than anybody that this particular case. member do. a lot of the stuff we turn out is’’—well, Perhaps, if we all had been more dili- Mr. ROBERTS. I thank the Senator I am going to change the name. I am gent, the intelligence community for his comments. not going to say what is here. I am would have been more attuned to the Mr. DODD. It is a very difficult com- going to say it is a lot of what we have gaps in its information and more accu- mittee and I respect immensely my in our Dodge City feedlots—‘‘and that a rate in its judgment. I, for one, now colleagues’ efforts there. I note in my policymaker who sticks to that intel- make it a point to repeatedly and per- friend’s letter which he has provided ligence, I don’t even want to be in the sistently question analysts who come and read in detail to us, there was a same room with. They’ve got to know before our committee to ensure that I reference—and to be quite candid, I the stuff isn’t that good. So the notion understand their judgments, under- think I am the Senator the Senator is

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5907 referencing here because I am the Sen- Mr. DODD. I agree with my col- open discussion of things of this na- ator who raised the question during the league. ture, not the Senator from Con- Foreign Relations Committee con- Mr. ROBERTS. It was only Senator necticut. firmation hearing of Mr. Bolton. Here ROCKEFELLER and myself who were Mr. COLEMAN. Will my colleague my colleague says, and I am quoting briefed by General Hayden, and that from Kansas yield? now from page 4, the last paragraph of was a very good meeting. We went over Mr. ROBERTS. I would be happy to the Senator’s letter to Senator LUGAR, virtually every intercept, as it should yield. and I am getting down near the end of be. That was my point. That is what Mr. COLEMAN. I take it my col- it, maybe the last sentence of that the Intelligence Committee does. It is league from Kansas was not at the paragraph: It is for this reason that I accepted practice for the full com- business meeting when the Bolton was a bit surprised and dismayed when mittee, which many members of the nomination was discussed. My col- a member of your committee—speak- full committee have trouble under- league from Kansas was not at the ing of this Senator—broached this standing, that only the vice chairman hearing where the Bolton nomination issue in the course of your public con- and the chairman have access to this was discussed. I do not know if it would firmation hearings. Normally intel- kind of highly compartmented mate- surprise my colleague to note that in ligence sources and methods are dis- rial. So when this kind of thing is ban- the business meeting, other Senators, cussed only in closed session. died about on the floor in a generic not the Senator from Connecticut— I will ask unanimous consent that way, it causes me great concern. this issue of intercept was raised again the transcript of the question I raised Mr. DODD. Well, I understand that. by another Senator and a similar ques- to Mr. Bolton at that particular time It is just that this Senator in this— tion was asked. So it is not just the be printed in the RECORD. The PRESIDING OFFICER. The Sen- Senator from Connecticut who raised The question was basically a very ator from Kansas controls the time. the issue during the questioning of Mr. simple one. The question was: I want to Mr. DODD. If he would yield, this Bolton. know whether you requested to see sentence in this letter suggests that But, in fact, during the business NSA information about other Amer- this Senator—because I am the one meeting this came up again and again. ican officials? That is the question. who asked the question—crossed the I presume my colleague from Kansas There was no reference to sources and line. Let me read my whole question. must have been informed of that, to methods. A simple question: Did you Mr. ROBERTS. I am not referring to raise the level of concern he has. request to see this information, yes or the Senator from Connecticut by name. Mr. ROBERTS. I thank the Senator no? And he went on to answer the ques- OK? for his clarification. Mr. DODD. I am the only one who Mr. DODD. If my colleague will yield tion. Now, I ask the chairman of the Intel- asked the question that day. for just one additional point. I agree ligence Committee, is that an inappro- Mr. ROBERTS. Pardon me? with respect to General Hayden as priate question to ask of a nominee? It Mr. DODD. I am the only one who well. I noted because I watched the was a simple question: I want to know asked the question of Mr. Bolton. I hearing—our colleague from Michigan whether you requested to see NSA in- asked the question in this way: I want is here and participated in the hear- formation about any other American to read the question because I want to ing—when General Hayden, in his con- officials? Mr. Bolton’s answer is: Yes, make sure I do not overstep a line here, firmation hearing, was before the on a number of occasions I can think and then I asked the question: Did Armed Services Committee, there was of, and he goes on to talk about it. you . . . a rather extensive discussion with Gen- My point of your letter is, there is a My concern is that there is a sugges- eral Hayden about the whole issue of discussion that this Senator was acting tion, as the one who asked the ques- intercepts. General Hayden was very inappropriately because I was seeking tion, that I had somehow—and I do not forthcoming in that discussion about methods and sources. The only ques- disagree with my colleague, by the it. I have great respect for him as well. tion I asked of Mr. Bolton in that pub- way. About the Web site here, I ask unani- lic hearing was: Did you make such a Mr. ROBERTS. Reclaiming my time, mous consent to have printed in the request? Does my colleague believe I I think I addressed the Senator’s per- RECORD the Web page for the National was violating some procedures regard- sonal concern. The Senator knows me Security Agency, the page headed, ing the gathering of intelligence by well enough to know that when I say I ‘‘Signals Intelligence.’’ asking that simple question? am not accusing him personally of any- There being no objection, the mate- Mr. ROBERTS. I would never raise thing that would be inappropriate, I rial was ordered to be printed in the the question about my colleague and have stated I am talking about open RECORD, as follows: friend about acting inappropriately, es- discussion of intelligence information, SIGNALS INTELLIGENCE pecially in regard to intent. I am con- quite frankly, not only in this nomina- The National Security Agency collects, cerned about us talking about inter- tion process but in the Intelligence Au- processes and disseminates foreign Signals cepts and all of this that I went thorization Act in regard to a whole se- Intelligence (SIGINT). The old adage that through in the letter on the Senate ries of other subjects I will not go into, ‘‘knowledge is power’’ has perhaps never floor. I am concerned about many that many people have spoken to on been truer than when applied to today’s things that have been talked about the floor, many people have talked to threats against our nation and the role the press about, and I do not think it is SIGINT plays in overcoming them. publicly, quite frankly, leaks that ap- NSA’s SIGINT mission protects the nation peared in the press that I find out appropriate. by: about later as chairman and have to I will say again, I am not accusing Providing information in the form of address. I cannot speak to them be- the Senator of anything inappropriate. SIGINT products and services that enable cause they are classified. It is the clas- I think from the whole standpoint of our government to make critical decisions sic case of Catch-22, where something this body, subjects such as this should and operate successfully. appears in the press or perhaps some- be done in executive session. I think Protecting the rights of U.S. citizens by body says something on the floor inad- that because of all the problems we adhering to the provisions of the 4th amend- ment to the Constitution. vertently—if it is done on purpose, that have had in regard to leaks and in re- Using the nation’s resources responsibly, is another matter. That can be referred gard to information that is not helpful according to the best management processes to the Ethics Committee—and that cer- to our national security. That is about available. tainly is not the case in terms of my as far as I will go with it. I could go SIGINT is derived from the signals envi- distinguished colleague. Then comes through quite a laundry list of con- ronment that is described by the graphic sort of a feeding frenzy and we end up cerns I have of things that have been above. Other agencies within the Intel- with things that should not be in the made public and what has happened in ligence Community are responsible for other types of intelligence: public discourse that are highly classi- regard to our adversaries, what has Human Intelligence (HUMINT) is primarily fied, highly compartmented. Signals happened in regard to our intelligence the responsibility of the CIA and DIA, intelligence is one of the highest com- capability, and I worry about it. So my Imagery Intelligence (IMINT) belongs to partmented topics we deal with. concern was basically the continued NGA,

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5908 CONGRESSIONAL RECORD — SENATE May 25, 2005 Military Intelligence and Measurement classified and sensitive information that is word it very cautiously and caution and Signature Intelligence (MASINT) be- stored or sent through U.S. government myself not to go over a line in asking longs to DIA. equipment. IA professionals go to great the question. Together, these different yet complemen- lengths to make certain that government Mr. ROBERTS. I only wish all Sen- tary disciplines give our nation’s leaders a systems remain impenetrable. This support ators would have the same caution. I greater understanding of the intentions of spans from the highest levels of U.S. govern- our enemies. ment to the individual warfighter in the thank the Senator for his personal NSA’s SIGINT mission provides our mili- field. comments in my regard. tary leaders and policy makers with intel- NSA conducts one of the U.S. govern- I think he has made his point. As the ligence to ensure our national defense and to ment’s leading research and development farmer said as he crawled through the advance U.S. global interests. This informa- (R&D) programs. Some of the Agency’s R&D barbed-wire fence: One more point and tion is specifically limited to that on foreign projects have significantly advanced the we will be through. powers, organizations or persons and inter- state of the art in the scientific and business I suspect that you are through, and national terrorists. NSA responds to require- worlds. since I yielded back my time about 10 ments levied by intelligence customers, NSA’s early interest in cryptanalytic re- minutes ago, I yield it back one more which includes all departments and levels of search led to the first large-scale computer the United States Executive Branch. and the first solid-state computer, prede- time. The prosecution of the SIGINT mission has cessors to the modern computer. NSA pio- Mr. LEVIN. Mr. President, I ask evolved from the relatively static, industrial neered efforts in flexible storage capabilities, unanimous consent I be allowed to pro- age, Cold War communications environment which led to the development of the tape cas- ceed for 20 minutes. I am very sorry to the ubiquitous, high speed, multi-func- sette. NSA also made ground-breaking devel- the Senator from Kansas left. Let me tional technologies of today’s information opments in semiconductor technology and first ask unanimous consent I be al- age. The ever-increasing volume, velocity remains a world leader in many techno- lowed to proceed. and variety of today’s communications make logical fields. Mr. COLEMAN. We have no objec- the production of relevant and timely intel- NSA employs the country’s premier tion. ligence for military commanders and na- cryptologists. It is said to be the largest em- The PRESIDING OFFICER. Without tional policy makers more challenging than ployer of mathematicians in the United objection, it is so ordered. ever. States and perhaps the world. Its mathe- NSA has a strong tradition of dedicated, maticians contribute directly to the two Mr. LEVIN. I ask unanimous consent highly qualified people deeply committed to missions of the Agency: designing cipher sys- that transcripts of two public hearings maintaining the nation’s security. While tems that will protect the integrity of U.S. where I asked questions of General technology will obviously continue to be a information systems and searching for weak- Hayden, relative to the process of seek- key element of our future, NSA recognizes nesses in adversaries’ systems and codes. ing identification of people who are re- that technology is only as good as the people Technology and the world change rapidly, ferred to or who participate in inter- creating it and the people using it. NSA re- and great emphasis is placed on staying cepted conversations—that those un- mains committed to its core mission of ex- ahead of these changes with employee train- classified, public hearing transcripts, ploiting the Agency’s deep analytical skill ing programs. The National Cryptologic and technological capabilities to ensure the School is indicative of the Agency’s commit- or portions thereof, be printed in the nation maintains a significant strategic ad- ment to . The RECORD. vantage in the advancement of U.S. interests school not only provides unique training for There being no objection, the mate- around the world. the NSA workforce, but it also serves as a rial was ordered to be printed in the As much as modem telecommunications training resource for the entire Department RECORD, as follows: technology poses significant challenges to of Defense. NSA sponsors employees for LEVIN. Thank you. SIGINT, the many languages used in the na- bachelor and graduate studies at the Na- General, this morning’s New York Times tions and regions of the world that are of in- tion’s top universities and colleges, and se- had an article, which troubled me, about the terest to our military and national leaders lected Agency employees attend the various number of times in which communications require NSA to maintain a wide variety of war colleges of the U.S. Armed Forces. that had been intercepted by the NSA were language capabilities. Successful SIGINT de- Most NSA/CSS employees, both civilian released to John Bolton. I was troubled by pends on the skills of not only language pro- and military, are headquartered at Fort the number of times that this happened, fessionals but those of mathematicians, ana- Meade, Maryland, centrally located between frankly. lysts, and engineers, as well. The nation is Baltimore and Washington, DC. Its work- But since you’re here and you’re in a posi- indebted to them for the successes they have force represents an unusual combination of tion to give us some facts on this subject, I won. specialties: analysts, engineers, physicists, want to ask you a number of questions about SIGINT plays a vital role in our national mathematicians, linguists, computer sci- it. security by employing the right people and entists, researchers, as well as customer re- I gather that, according to the article, ac- using the latest technology to provide Amer- lations specialists, security officers, data cess to names may be authorized by NSA ica’s leaders with the critical information flow experts, managers, administrative offi- only in response to special requests, and they need to save lives, defend democracy, cers and clerical assistants. these are not common, particularly from pol- and promote American values. Mr. DODD. It is on public document icy-makers. That’s the quote in there. Is INTRODUCTION TO NSA/CSS and goes on at some length. I am not that an accurate statement? HAYDEN. I think that’s a very accurate The National Security Agency/Central Se- sure, my colleague may want to look description. In fact, I read Doug Jehl’s arti- curity Service is America’s cryptologic orga- at this. Maybe the agencies might be cle. And I think Doug laid it out in a very nization. It coordinates, directs, and per- more careful about what it says here as clear way. forms highly specialized activities to protect well. The way it works, Senator, is that we are U.S. information systems and produce for- The point all along here is the simple required to determine what is minimized eign intelligence information. A high tech- U.S. person identity. Now, there is a whole nology organization, NSA is on the frontiers question whether access to these records will be granted to the appro- body of law with regard to protecting U.S. of communications and data processing. It is privacy. But in an agency like ourselves, it also one of the most important centers of priate Members here in the Senate. I is not uncommon for us to come across infor- foreign language analysis and research with- appreciate immensely what my col- mation to, from or about what we would call in the government. league said here today. He’s a remark- a protected person—a U.S. person. And then Signals Intelligence (SIGINT) is a unique able Senator who does a terrific job, the rules kick in as to what you can do with discipline with a long and storied past. and I thank him for engaging with me that information. SIGINT’s modern era dates to World War II, a bit in this colloquy, but I was con- The rule of thumb in almost all cases is when the U.S. broke the Japanese military that you minimize it, and you simply refer code and learned of plans to invade Midway cerned when I saw that line as some- how being singled out about raising the to named U.S. person or named U.S. official Island. This intelligence allowed the U.S. to in the report that goes out. defeat Japan’s superior fleet. The use of question about whether or not Mr. LEVIN. How often did Mr. Bolton request SIGINT is believed to have directly contrib- Bolton made a request. That is all I the names? uted to shortening the war by at least one asked that day. I knew it was an im- [Crosstalk.] year. Today, SIGINT continues to play an portant matter, and it ought to be HAYDEN. I don’t know. important role in keeping the United States dealt with not in a public setting, that HAYDEN. We would have a record of it. In- a step ahead of its enemies. terestingly enough, I double-checked this, As the world becomes more and more tech- that ought to be done behind closed this morning, after reading the article, just nology-oriented, the Information Assurance doors with the Intelligence Committee to make sure I had this right. Because I did (IA) mission becomes increasingly chal- to go into further detail about what ac- approve, from time to time, the release of lenging. This mission involves protecting all tually went on. That is why I tried to U.S. person identity.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5909 And it’s not very often. I have to do it munications between individuals that I The question is whether or not we when the identity is released to a U.S. law think the committee would be most enthusi- manipulate intelligence or try to ma- enforcement agency. Just done for foreign astic that we were conducting our operations nipulate intelligence by trying to force intelligence purposes, it’s about three layers against. analysts, who are supposed to be objec- LEVIN. And that’s a very, very helpful below me in the NSA rule chart. tive, to reach conclusions with which LEVIN. Was there an unusual number of clarification. accesses requested by Mr. Bolton compared My time is up. Can I just perhaps end this they don’t agree in order to get support to requests from other senior officials? line of questioning? for our own policy positions. That is HAYDEN. I don’t know that, Senator; I Thank you, Mr. Chairman. Thank you. what is unacceptable. It is not unac- really don’t. And the requests from Sec- I think the press has already indicated ceptable to disagree with analysts or retary Bolton were not of such a number that there were apparently 10 requests from not to follow their analysis. That is that they came to my attention. Mr. Bolton. not at all unacceptable. That is what LEVIN. In other words, he obviously made HAYDEN. Yes, sir, I’ve seen that number. policymakers are here for, to make requests. You say that someone other than LEVIN. Ok. Do you know or not the major- ity of his requests were for persons that were judgments, to pick between analyses. you would have approved those. But what is unacceptable is what Mr. HAYDEN. On a normal basis; that’s right. referred to in the conversation or for a par- LEVIN. But you do have records as to how ticipant in the conversation? Bolton did repeatedly, which is to try often... HAYDEN. Yes, sir. I would like to respond to get analysts, who are supposed to be HAYDEN. Yes, sir; we would. to that for the record in a classified way. objective, fired or removed or trans- LEVIN. Thank you. LEVIN. That’s fine. ferred because they would not come to HAYDEN. I should add: And that’s a for- And the other question that relates not the conclusion to which he wanted mal process. That’s just not a phone call. just to him, but I guess to anybody, the per- them to come. That is the issue here LEVIN. OK, thank you. son who makes this written application for with Mr. Bolton. HAYDEN. It’s documented. the information states specifically what that This administration does not hold LEVIN. Thank you, Mr. Chairman. purpose is that they want that information for. Is that correct? people who politicize intelligence to ROBERTS. Senator Levin, I wanted to let account. Following the major intel- you know that in answer to the number HAYDEN. Yes, sir, Senator. But in all three question that I asked, why the general cases the purpose comes down to the funda- ligence failures before 9/11 and Iraq, the replied in terms of cooperating with the mental principle: I need to know the identity administration has failed to hold any- committee, deal with me to to provide docu- of that individual to understand or appre- body accountable for either failure. In ments or any material requested by the com- ciate the intelligence value of the report. fact, the President gave one of the peo- mittee in order for it to carry out its over- LEVIN. And is that printed there as a pur- ple most responsible for the intel- sight and its legislative responsibilities. We pose, or does that have to be filled in by the ligence disaster before Iraq, the CIA didn’t put a time frame on it, but you have. applicant? Director, a gold medal. Now the Presi- And his answer was an emphatic yes. HAYDEN. Senator, I’m not exactly sure what the form looks like, but I can tell you dent wants to give John Bolton a pro- LEVIN. I appreciate that, Mr. Chairman. motion, although John Bolton has, in Thank you. that’s the only criteria on which we would release the U.S. person information. unconscionable—and I believe even po- 4/21/05 SASC NOMINATION HEARING (NSA LEVIN. But you don’t know how that pur- tentially dangerous—ways attempted INTERCEPTS) pose is stated in these thousands of applica- to get intelligence analysts to shape LEVIN. The Bolton nomination has raised tions? their views to his views and, if they a question about protected U.S. identities. HAYDEN. I’d have to check, Senator. wouldn’t bend, to break them. These are U.S. people who are either partici- LEVIN. Or in Mr. Bolton’s application? We know what happens when intelligence pants in a conversation, communication HAYDEN. Correct. is politicized. Before the , ‘‘a slam which is intercepted and included in a LEVIN. Ok. And then once the information dunk’’ was the CIA assessment, although the SIGINT product, where the identity of that is obtained, you do not know the use to underlying intelligence contained nuances, person is blocked, or sometimes, as said, is which that information is put, I gather. Is qualifications, and caveats. Too often the minimized, and is referred to generally as a that correct? CIA told the administration what it thought U.S. person. HAYDEN. No, we would report the infor- the administration wanted to hear. There are also many cases where that per- mation to an authorized consumer in every son is not a participant in the conversation dimension, in terms of both security clear- The July 2004 bipartisan report of the but is referred in a conversation, and the ance and need to know, just like we would Senate Intelligence Committee con- identity of that person is also protected as report any other information. cluded the following: well. LEVIN. But then you don’t know what... Most of the major key judgments in the in- At the Intelligence Committee hearing HAYDEN. No, sir. telligence community’s October 2002 ‘‘Na- with you last week, you said that there’s a LEVIN. . . . that person does with that in- tional Intelligence Estimate, Iraq’s Con- formal written and documented process for formation. tinuing Programs for Mass Destruction,’’ ei- U.S. government officials to request the HAYDEN. No. The presumption, obviously, ther overstated or were not supported by the identity of a U.S. person referred to in a is the individual uses that then to appreciate underlying intelligence reporting. SIGINT process. Is that correct? the original report. LEVIN. Thank you, Mr. Chairman. Just this month, newspapers reported HAYDEN. Yes, sir, that’s correct. on leaked notes from a July 23, 2002, LEVIN. Now, I take it there are a signifi- Mr. LEVIN. The journalist Carl Bern- cant number of requests, a large number of meeting of the British Prime Minister stein once said, ‘‘We have a national and his senior national security staff. requests which come in for the identity of a memory in this country of about 7 min- U.S. person who’s been minimized. According to the note, the head of Brit- Can you tell us whether the majority of utes.’’ Once more, he has been proven ish foreign intelligence told Prime those requests, indeed the vast majority of right. Minister Blair, 7 months before the those requests, are made where the person Here we are, 2 years after one of the war, that President Bush: worst intelligence disasters in our his- identified is not the participant in the con- . . . wanted to remove Saddam through mili- versation, but rather is someone who is re- tory, debating the nomination of a man tary action justified by the conjunction of ferred to in the conversation? to the U.N. ambassadorship, a man who terrorism and WMD. But the intelligence and HAYDEN. Thank you very much for that has a track record of attempting to facts were being fixed around the policy. question, Senator, because when this comes manipulate intelligence by seeking to Those are contemporaneous notes, up—I mean, first of all, to frame the issue for punish intelligence analysts who do me as director of NSA, I mean, the issue here prior to the war against Iraq. Such re- is the protection of American privacy. And not support his view. We are so slow to ports reinforce the view of much of the everything then devolves out of that funda- learn from our history, and we are so world that the administration shaped mental principle: How do we protect U.S. pri- quick to repeat it. intelligence to serve policy purposes vacy? The issue here—and I am sure my and that it strayed from the critical And in the course of accomplishing our friend from Connecticut would agree— principle that intelligence must be ob- mission, it’s almost inevitable that we would is not the issue of whether or not pol- jective, independent, and free from po- learn information about Americans, or to or icymakers have a right to disagree litical influence. from, in terms of communications. with analysts; of course, they do. We The same rules apply, though, in pro- Twenty-five years ago, the Iran- tecting privacy, whether it’s to, from or all should challenge analysts and anal- Contra Committee reaffirmed the prin- about an American. You’re correct. In the ysis. We do not do enough of it. I hap- ciple that, after heavy manipulation of vast majority of the cases the information is pen to agree with the Senator from intelligence by CIA Director Bill about an American being referred to in com- Kansas on that. That is not the issue. Casey:

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5910 CONGRESSIONAL RECORD — SENATE May 25, 2005 . . . the gathering, analysis and reporting of side of the line he must not cross, try- that officer’s analysis—very similar to intelligence should be done in a way that ing to intimidate analysts into shaping what Mr. Ford said at the office of the there could be no question that the conclu- intelligence analyses to his liking, that Assistant Secretary of State: ‘‘in his sions are driven by the actual facts rather is totally impermissible. It is poten- experience, no one had ever done what than by what a policy advocate hopes those facts will be. tially dangerous, and it is clearly on Secretary Bolton did,’’ which was to the wrong side, the unacceptable side, fire an intelligence analyst for what he That was 25 years ago. That was Iran- the intolerable side of the line. had said and done. Contra. That was a bipartisan criticism When he did not receive the analysis In the end, both analysts were sup- of the then-CIA Director Casey. he wanted on Cuba, Mr. Bolton un- ported by their supervisors and they Intelligence must be gathered and leashed a tirade against the intel- rightfully kept their positions. The analyzed in a way that there can be no ligence analyst. only person who should have been fired doubt but that the conclusions are Soon afterwards, he went to see Tom over those incidents was Mr. Bolton. driven by the actual facts, not by what Fingar, the Principal Deputy Assistant Mr. Bolton’s defenders like to claim a policy advocate hopes those facts will for INR, to try to have the analyst re- no harm, no foul. That is, because none be. moved. Mr. Fingar testified that Sec- of his targets were fired despite his ef- It is going to take years of hard work retary Bolton was still visibly upset forts; that everything is just fine. But to regain credibility in our intelligence during their meeting, and he said that the harm is in the attempt. Shooting assessments after the massive failures ‘‘he wasn’t going to be told what he at someone is still a crime even if you in Iraq. The Senate began that work could say by a midlevel INR munchkin miss. As soon as a policymaker threat- with the intelligence reform bill in analyst.’’ ens an intelligence analyst with re- 2004. In that bill, Congress explicitly Mr. Bolton had made clear to the an- moval for disagreeing with that ana- stated that national intelligence alyst he was his boss, and in essence lyst’s analysis, the harm is done. should be ‘‘objective’’ and ‘‘inde- had asked his subordinate: How dare As Mr. McLaughlin testified—and pendent of political considerations.’’ you disagree with your superior? this is something the Senator from That is the law of the land. We require Mr. Fingar then testified that Mr. Kansas either overlooked or ignores. the process to ensure alternative anal- Bolton said he wanted the analyst Listen to Mr. McLaughlin’s testimony: yses within the intelligence commu- ‘‘taken off his accounts.’’ Mr. Fingar It is perfectly all right for a policy- nity. protested and said ‘‘he is our chemical maker to express disagreement with an The nomination of John Bolton and biological challenge weapons spe- intelligence officer or an analyst. And shows a disdain for objective, inde- cialist, this is what he does’’—making it is perfectly all right for them to pendent intelligence and flies in the clear to Mr. Bolton that reassignment challenge their word vigorously. But I think it is different, McLaughlin said, face of the Senate’s effort to reform would really mean termination. Mr. to then request, because of this dis- our intelligence system. Indeed, Mr. Bolton persisted. Bolton is the personification of what The record then shows that Mr. agreement, that the person be trans- ferred. has been wrong with our system. Mr. Bolton sought the analyst’s removal That is the line. That is the line Bolton has a deeply disturbing history two more times over a 6-month period. which Mr. Bolton crossed. That is the of trying to punish intelligence ana- In one of those attempts, Mr. Bolton lysts who do not agree with his views, line that we ought to insist on. Every met with then-Assistant Secretary of Member of this body should insist that of trying to squelch intelligence anal- State for Intelligence, Carl Ford, who ysis and of distorting the intelligence line never be crossed. We ought to pro- later said the following: tect the right of policymakers to dis- community’s view when they do not I left that meeting with the perception agree with his own. agree, to question, and to ignore the that I had been asked for the first time to analysis. We should never condone a He is aggressive about pursuing the fire an intelligence analyst for what he had answer that he wants, regardless of said and done. In my experience no one had policymaker who wants to see an ana- what the objective intelligence ana- ever done what Secretary Bolton did. lyst fired because the policymaker dis- agrees with that person’s analysis. lysts say, and his actions have had a Months later, Mr. Bolton made yet That is the line which is dangerous to noticeably chilling effect on the intel- another attempt when Neil Silver be- cross because the pressure that puts on ligence analysts that he tries to in- came the analyst’s supervisor. In his the analyst is to come up with the an- timidate and a harmful effect on the testimony to the Foreign Relations swer that the policymaker wants to intelligence process itself. Committee, Mr. Bolton even conceded hear. That is what is dangerous, when Let’s just look at his record. Mr. he was still pursuing the analyst’s we hear an analyst, or you hear a CIA Bolton’s view on intelligence on Cuba transfer. Administrator say it is a slam dunk, can be gained from an e-mail to him In his attempt to manipulate intel- when it isn’t, because he thinks that is from his chief of staff that called the ligence on Cuba, Mr. Bolton also tried what the policy maker wants to hear. intelligence community’s language on to have a national intelligence officer We cannot tolerate people being Cuba ‘‘wimpy.’’ As a policymaker, he is from the CIA transferred. Mr. Bolton fired, discharged, transferred because entitled, and was entitled, to his own went personally to the CIA at Langley the policymaker disagrees with the view. I make it clear that what the to argue for the analyst’s dismissal. analysis of that analyst. Senator from Kansas said, I agree with. This is an analyst Mr. Bolton had Mr. McLaughlin is right. It was dif- Mr. Bolton was entitled to his own never met, an analyst to whom he had ferent. It was dangerous. And accord- view, but what he was not entitled to never spoken. He had never read the ing to Mr. Ford, Mr. Bolton’s actions do was force intelligence analysts to analyst’s work. He only knew one had an impact. Word of the incident, change their views. thing: The analyst disagreed with his according to Mr. Ford, ‘‘spread like In preparation for his speech to the views and, therefore, he had to be wildfire among the other analysts.’’ Heritage Foundation, Mr. Bolton re- brought to heel. Mr. Ford testified: peatedly sought clearance for stronger This effort, too, lasted several I can only give you my impressions, but I language on Cuba’s biological warfare months and involved repeated attempts clearly believe that the analysts in INR were effort than the intelligence community by Mr. Bolton and his staff. Former very negatively affected by this incident. would support. He was repeatedly Deputy Director of the CIA John They were scared. rebuffed by intelligence analysts at the McLaughlin said of the request to dis- Mr. Bolton’s actions were so dam- State Department and the CIA, and he miss the intelligence officer that it is aging that Secretary of State Powell repeatedly responded by seeking those ‘‘the only time I had ever heard such a made a special personal visit to offer analysts’ dismissal or removal, thereby request.’’ encouragement to the analysts. In his crossing a vital line, a clear line, a red So we have the Deputy CIA Director remarks, Secretary Powell specifically line, the line between ignoring intel- John McLaughlin as saying nobody has referred to the analysts that Mr. ligence analyses which, wise or not, is ever made a request to him, that he Bolton had targeted. He told them: his right to do as a policymaker, that knew of, to dismiss an intelligence offi- Continue to call it like you see it. Con- is on one side of the line. But the other cer because of a disagreement with tinue to speak truth to power.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5911 Former Assistant Secretary of State diplomats to serve in an important dip- production of relevant documents for Nonproliferation John Wolf con- lomatic post, where we need credi- which Senators need to decide on con- firmed what should be all too clear bility, we need the confidence to bring firmation or for any other legitimate about Mr. Bolton, that these examples other countries to our side. We should reason. This body will be a lesser place of his behavior are not isolated in- not allow a situation in which the if we do not stand with each other stances but a persistent pattern. Mr. world might question whether it is when it comes to gaining access to doc- WOLF testified that Mr. Bolton sought hearing a credible view or whether it is uments, at least in the absence of a the removal of two officers from a non- hearing a Bolton view of intelligence. claim of executive privilege. proliferation bureau over policy dif- Perhaps the biggest canard of the de- Now, I happen to believe we should ferences, and that, in general, officers bate is that John Bolton is the best give deference to the President on the in the bureau—and now this is Assist- person to reform the United Nations. selection of his team, but deference ant Secretary of State John Wolf—that The U.N. needs reform, but so does the does not mean abdication of our best officers in the bureau ‘‘felt undue pres- intelligence community. So does its judgment when a nominee crosses the sure to conform to the views of [Mr. systems. And, frankly, so does John line. If we do that, we will send the Bolton] versus the views they thought Bolton. Any number of people would be wrong message to anyone working in they could support.’’ a far more credible voice for reform at the intelligence community who sees Events of the past few years involv- the United Nations. Mr. Bolton’s behavior rewarded rather ing the completely missed intelligence This is a momentous decision for this than seeing him held accountable. If we on Iraq, the distorted intelligence on body. It is shocking and sad—it is do that, we will send the wrong mes- Iraq, have shown that we need to be en- shocking and sad—to me that the Sen- sage to the international community, couraging independent and alternative ate may vote on this nomination while to send a repeat abuser of intelligence analysis, not squelching it. Senators are being denied critical, rel- and an abuser of intelligence analysts The Senate Intelligence Committee evant information that members of the to be our representative at the United report on the intelligence community’s Foreign Relations Committee have Nations. prewar intelligence assessments on sought. Members of that committee We have the opportunity to send a Iraq concluded that a lack of alter- have requested information about the different message to the intelligence native analysis contributed to the fail- number of requests by Mr. Bolton for community and to the world. We can ure of that intelligence. the names of U.S. persons cited in in- cast a vote for objectivity in intel- The committee wrote that: telligence intercepts. The administra- ligence, for intelligence that is free of . . . the analysts’ and collectors’ chains of tion has refused to provide relevant in- political influence, and for account- command, their respective agencies, from formation to members of the Foreign ability. But before we vote—before we immediate services to the National Intel- ligence Council and the Director of the Cen- Relations Committee and to this body. vote—legitimate requests for docu- tral Intelligence Agency, all share respon- Now, those requests may be benign ments and information from Members sibilities for not encouraging analysts to that Mr. Bolton made for the names of of this body should be honored and challenge their assumptions, fully consider those persons and what they were say- should be supported by every Senator. alternative arguments, or accurately charac- ing in those intercepts. They could be That is a need which, at one time or terize the intelligence report. part of an effort by this nominee to po- another, each one of us has, and as an ‘‘Most importantly,’’ according to liticize and punish, since that was the institution we should, in one voice, de- the committee, they failed ‘‘to recog- pattern of his activity. We do not know mand that need be met. nize when analysts had lost their objec- that. But we have a right to know that. This is a demand for relevant docu- tivity and take corrective action.’’ We have a right to ask why those re- ments relevant to the qualifications of Our Intelligence Committee, the Sen- quests were made. But this administra- this nominee to be confirmed to this ate Intelligence Committee, said cor- tion has refused to provide that infor- high office. It is a demand for docu- rective action should be taken when mation. We should insist on this infor- ments which relate to an issue which is analysts lose their objectivity. Mr. mation before we vote on this nomina- clearly involved in this nomination, Bolton tried to get analysts punished tion. We should insist that at least the and that has to do with a pattern, on for insisting on their independence. Mr. leaders of our committees, the Intel- the part of Mr. Bolton, of punishing Bolton did not value independent and ligence Committee and the Foreign Re- people who analyze intelligence who do objective analysis. He scorned it. He lations Committee, be given access to not give him an analysis that he likes sought not to encourage alternative the names of people that Mr. Bolton and that supports his own policy. views but to impose his own. He did not asked the intercepts relative to. Mr. President, I thank the Chair, and challenge analysts. He bullied them. Denying the Congress and the Mem- thank my good friend from Minnesota And he tried to fire those who dis- bers of this body— for yielding the time. agreed with him. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Now, this is not ‘‘water cooler’’ gos- ator has consumed his time. ator’s time has expired. sip about an obnoxious boss. Objective, Mr. LEVIN. I thank the Chair and I Mr. DODD. Mr. President, I ask unan- factual analysis can make the dif- ask unanimous consent for 3 additional imous consent for 3 minutes to engage ference between success and failure, be- minutes. my colleague from Michigan in a little tween life and death. In the near fu- The PRESIDING OFFICER. Without colloquy. Will my friend from Min- ture, we may face a crisis over North objection, it is so ordered. nesota object to that? Korea’s nuclear program or Iran’s nu- Mr. LEVIN. Denying Members of this The PRESIDING OFFICER. Is there clear intentions. Congress and the pub- body information is part of a woeful objection? lic must be confident that intelligence pattern of this administration denying Mr. COLEMAN. No objection. assessments represent information information to the Congress. Even the The PRESIDING OFFICER. Without that has been assessed objectively, not Republicans of the House Energy and objection, it is so ordered. shaped to serve policy goals. And if we Water Appropriations Subcommittees Mr. DODD. Mr. President, I thank my need to go to the United Nations to and the Homeland Security Appropria- friend. make a case against a country based on tions Subcommittee over in the House I want to compliment my friend from our intelligence about that country’s included language in their bill which Michigan on a very fine statement. He dangerous activity, the world must says that the Bush administration has focused, in my view, exactly on the have confidence in the U.S. Ambas- should be criticized ‘‘for its lack of re- central question here and that is not sador to the United Nations. sponsiveness to repeated Congressional that there was disagreement over intel- When Bush decided to make the case requests for information.’’ ligence but, rather, whether someone against Iraq to the United Nations, he Mr. President, this Senate, as a body, went beyond a good, healthy fight over sent Secretary of State Colin Powell, should insist on legitimate requests for whether or not intelligence was accu- one of America’s most credible dip- information from its Members. Every rate and took additional steps to dis- lomats. Today, we are being asked to Member—every Member—should add miss or to change the jobs of the indi- confirm one of America’s least credible his or her voice to the demand for the viduals involved.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5912 CONGRESSIONAL RECORD — SENATE May 25, 2005 I appreciate my colleague calling colleague in getting that information. the names being sought by Mr. Bolton into question the access of information Where I disagree is that when we have was Mr. Smith, it seems that ought to because this is central. That is why the chairman of the Intelligence Com- send red flags up to everybody. Why? It this Senator has taken the extraor- mittee stating to us in this letter—say- is Mr. Bolton requesting to know who dinary step of asking my colleagues to ing: After reviewing the content of Mr. Smith was and what he said, an in- potentially oppose a motion to invoke each report, it was apparent to us both dividual he was trying to have dis- cloture on this nomination if the infor- that it was not necessary to know the missed from the CIA. We don’t know mation is not forthcoming. actual names to determine whether the whether Mr. Smith’s name is on there The reason I want to raise this is be- requests were proper. Ultimately, he because the name was redacted. The cause our good friend from Kansas, the found no basis to question the jus- chairman and ranking member cannot chairman of the Intelligence Com- tification nor appropriateness of Mr. read that name. mittee, read into the RECORD a letter Bolton’s request for the U.S. persons Without knowing the name of the in- he sent to Senator LUGAR regarding contained therein. So we have an indi- dividual, you cannot get to the point. this request for the intercept informa- vidual we all deeply respect, the chair- Obviously, the people at the State De- tion. And the pertinent paragraph, to man of the Intelligence Committee, partment—it is the same thing. With- this Senator, I want to read quickly. It saying ‘‘it was apparent to us,’’ the out knowing the names, without the says: chairman and the ranking member, and identities, I don’t know how you can Finally, the Vice Chairman and I reviewed then the letter went on. draw the conclusion that it wasn’t rel- all ten documents containing the references I would say there is an institutional evant. That is my point. to U.S. persons that generated Under Sec- issue that we should resolve at some Mr. COLEMAN. As I recall the state- retary Bolton’s requests. The documents we point. In the context of this nomina- ment from the ranking member, he reviewed did not contain the actual identi- tion, where we have a very clear state- said these incidents were not new to ties of the minimized U.S. persons. After re- ment that this specific information them. Some of these had been raised viewing the content of each report, however, it was apparent to us both that it was not that was requested—it was ‘‘not nec- before. One was regarding Cuba. They necessary to know the actual names to de- essary to know the actual names to de- had knowledge of this. Again, I would termine whether [or not] the requests were termine whether the requests were defer to the good judgment of the chair proper. proper.’’ Then it is basically saying the of the Intelligence Committee, who Now, the letter goes on, but that is requests were proper. said we looked at it and it wasn’t rel- the important paragraph because the Let us move forward with this nomi- evant. And then on and on in the letter very identity of the individual names nation because we have a statement again, and again he comes to the same was redacted. The chairman of the saying the information wasn’t needed conclusion: nothing inappropriate, Committee on Intelligence and the to make a determination. Let us pur- nothing unusual, no violation of proce- ranking member on Intelligence were sue with great vigor the right of Mem- dures. It is very clear. not allowed to see the names, the very bers of this body to have access to that I urge my colleagues to let us pursue names that Mr. Bolton was able to see kind of information. I think we really this issue. I don’t think there is a rea- and apparently his staff was able to have to separate the two, based on the sonable basis for holding up this con- see. That is the relevant information statement of the chairman of the Intel- firmation based on the concern of get- that we are seeking—the names of the ligence Committee. ting this type of information. individuals. Mr. DODD. Will my colleague yield Mr. LEVIN. If the Senator will yield, Does my colleague have any com- for a question? my good friend from Minnesota. If you ment on that particular point? Because Mr. COLEMAN. Yes. agree that the Senate is entitled to Mr. DODD. I appreciate the Senator’s that, to me, is the central admission in this information, but not now—if not comments. I ask unanimous consent this letter. now, when? The reason for seeking this Mr. LEVIN. Mr. President, the names that entire paragraph I quoted from information relates to the nomination of the people that he sought informa- the chairman be printed in the RECORD. of Mr. Bolton. That is why this is so There being no objection, the mate- tion on are incredibly relevant to the relevant and important. I think the rial was ordered to be printed in the question of why he sought information members of the Foreign Relations RECORD, as follows: on those people, what was his motive. Committee have been seeking this in- There is a pattern here, a pattern of Finally, the Vice Chairman and I reviewed formation for many weeks. So it is not all ten documents containing the references punishment of people if they did not as though this is a last-minute request to U.S. persons that generated Under Sec- which is holding up the vote on a nomi- provide analysis that he agreed with, if retary Bolton’s requests. The documents we they disagreed with his views. And reviewed did not contain the actual identi- nation or would hold it up until we re- when he asks for those intercepts, he ties of the minimized U.S. persons. After re- ceive that information. may have had a perfectly benign reason viewing the content of each report, however, By the way, I happen to believe—and for doing it. On the other hand, it may it was apparent to us both that it was not I don’t know if my good friend from have been part of this totally unaccept- necessary to know the actual names to de- Connecticut agrees with me—that if able pattern. termine whether the requests were proper. the chairman and vice chairman of the But the Senate has the same right to Mr. DODD. Mr. President, I raise this Intelligence Committee saw the names know what he knew and he asked for, point. I appreciate his point. Obvi- and concluded that none of those which was intercepts of particular peo- ously, there is a disagreement between names had any relationship to this ple who were either involved in the the ranking member and chairman, un- nomination because none of the names conversation or referred to in the con- fortunately, which is not a healthy are people he tried to get fired, trans- versation. thing to see coming out of the Intel- fer, or punish, that would satisfy me. If the Senate doesn’t insist on that ligence Committee. The point I am try- But the administration knows the right for every Member of this body, we ing to make here is, with all due re- names. John Bolton got the names. But are a lesser body. We should insist spect to the chairman of the Intel- the vice chairman of the Intelligence upon that for Members who agree with ligence Committee and the ranking Committee and the chairman won’t be us or not. This is an institutional issue member, it was, in fact, the very names given those names and they are re- of great magnitude. involved which could be the very dacted. I believe the Senate cannot ac- The PRESIDING OFFICER. The Sen- names we are talking about that have cept that standard and hold ourselves ator’s time is up. been redacted from the document that up as a body that is equal in power to Mr. DODD. I thank my friend for a would be terribly revealing. If, for in- the executive branch. We cannot. We good statement. stance, there is the name—we have cannot say to ourselves that this body The PRESIDING OFFICER. The Sen- called him ‘‘Mr. Smith’’ to protect his will look at all relevant evidence that ator from Minnesota is recognized. identity at the CIA. If there is over- relates to confirmation before we give Mr. COLEMAN. Mr. President, I ap- whelming evidence that Mr. Bolton our consent to it and protect the Mem- preciate the concern over the institu- tried to have ‘‘Mr. Smith’’ dismissed as bers’ requests for information if we do tional issue of having access. I join my an intelligence analyst, and if one of not insist that at least the chairman

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The the NSA to Mr. Bolton were not shared with the specific people John Bolton tried to reality is when Mr. Westermann back- us. punish or get transferred. doored Mr. Bolton, he lost confidence State Department records indicate that I find this really intolerable, incred- in him and said: I want him trans- Mr. Bolton requested the minimized identi- ible, that we as a body will not stand ferred. That is all you have. ties of nineteen U.S. persons contained in with a legitimate request for relevant In the end, Mr. President, what we ten NSA signals intelligence reports. These information that relates to a pending requests were processed by the State Depart- have is an individual who has served ment’s Bureau of Intelligence and Research nomination that was promptly and this country well, who has a record of (INR). In each instance, the INR request to timely made. distinguished service, who has the sup- the NSA, on behalf of Mr. Bolton, included Mr. COLEMAN. Mr. President, again, port of a litany of Secretaries of State, the justification that the identity of the U.S. I remind my colleagues that it is a of individuals who have worked with person(s) was needed in order to better un- nomination with 10 hours of hearings, 2 him for years and years, who nego- derstand or assess the foreign intelligence business meetings, 35 staff interviews tiated the treaty of Moscow and got value of the information contained in the in- with 29 different people, a thousand telligence report. This is the standard jus- the U.N. to reverse itself on the odious tification required by NSA in order for offi- pages of transcripts and 800 pages of resolution declaring Zionism as rac- cials to request the identity of a U.S. person documents, the opportunity for the ism, who has the support of the Sec- contained in a signals intelligence report. chairman and the ranking member of retary of State, who has the confidence Based on my personal review of these re- the Intelligence Committee to look at of the President of the United States to ports and the context in which U.S. persons this information, and they came to the do what has to be done, and that is the are referenced in them, I found no evidence conclusions they came to. In the end, I heavy lifting in reforming the United that there was anything improper about Mr. think perhaps—I agree with my col- Bolton’s ten requests for the identities of Nations. U.S. persons. leagues on crossing the line. I agree. From the very beginning, my col- It is important to note, however, that our You should not be harassing intel- leagues on the other side simply have Committee did not interview Mr. Bolton, so ligence officials because of policy dis- said he is not acceptable, he has the I am unable to answer directly the question agreements to the point where you wrong political perspective on the of why he felt it was necessary for him to drive them out of the job. But that just United Nations, he has the wrong polit- have the identity information in order to didn’t happen here. better understand the foreign intelligence ical perspective perhaps on the war in contained in the report. In fact, Mr. President, if you look at Iraq and other issues, which morphed Furthermore, based on the information the statement of Carl Ford, he himself into allegations which, in the end, available to me, I do not have a complete un- in the minority report said this inci- when we look at the rest of the story, derstanding of Mr. Bolton’s handling of the dent didn’t turn into the politicization simply are unsubstantiated. identity information after he received it. of intelligence. Carl Ford—and I was John Bolton deserves our support. He The Committee has learned during its interview of Mr. Frederick Fleitz, Mr. there and listened to the testimony— deserves to be confirmed. I will proudly said this incident didn’t turn into the Bolton’s acting Chief of Staff, that on at vote for his confirmation tomorrow. I least one occasion Mr. Bolton is alleged to politicization of intelligence. urge my colleagues to do the same. have shared the un-minimized identity infor- We can walk through this again and I yield back the remainder of our mation he received from the NSA with an- again. We had the discussion over Cuba time, and I yield the floor. other individual in the State Department. In and the issue of biological weapons ca- The PRESIDING OFFICER. The Sen- this instance, the NSA memorandum for- pacity. Again, the allegation was made ator from Michigan. warding the requested identity to State INR that somehow Mr. Bolton took views included the following restriction: ‘‘Request Mr. LEVIN. Mr. President, I ask no further action be taken on this informa- that were his own and disregarded the unanimous consent that a letter to views of the administration in regard tion without prior approval of NSA.’’ I have Chairman LUGAR and to Ranking Mem- confirmed with the NSA that the phrase ‘‘no to Cuba. Carl Ford testified before the ber BIDEN from Senator ROCKEFELLER further action’’ includes sharing the re- Foreign Relations Committee on dated May 25 be printed in the RECORD. quested identity of U.S. persons with any in- March 19, 2002. He stated that the There being no objection, the mate- dividual not authorized by the NSA to re- United States believes that Cuba has at rial was ordered to be printed in the ceive the identity. In addition to being troubled that Mr. least limited developmental offensive RECORD, as follows: biological warfare and research capa- Bolton may have shared U.S. person identity U.S. SENATE, information without required NSA approval, bility—on and on. What does John SELECT COMMITTEE ON INTELLIGENCE, I am concerned that the reason for sharing Bolton say when he gives his speech? Washington, DC, May 25, 2005. the information is was not in keeping with He says the same thing. Hon. RICHARD G. LUGAR, Mr. Bolton’s requested justification for the The point is, in each and every in- Chairman, Committee on Foreign Relations, identity in the first place. The identity in- stance when colleagues raise a concern U.S. Senate, Washington, DC. formation was provided to Mr. Bolton based about Mr. Bolton giving his own opin- Hon. JOSEPH R. BIDEN, Jr., on the stated reason that he needed to know Ranking Member, Committee on Foreign Rela- the identity in order to better understand ion versus that which is approved, it is tions, U.S. Senate, Washington, DC. simply not the case. I think my col- the foreign intelligence contained in the DEAR SENATORS LUGAR and BIDEN: I write NSA report. According to Mr. Fleitz, Mr. league from Kansas said this is a case in response to the Chairman’s April 28, 2005 Bolton used the information he was provided of ‘‘the rest of the story.’’ It is true on letter asking that the Senate Select Com- in one instance in order to seek out the the Cuba issue. It is true on Mr. mittee on Intelligence examine a number of State Department official mentioned in the Bolton’s testimony about Syria. Again, intelligence-related issues that were raised report to congratulate him. This use of care- the same concern was raised. The during your Committee’s consideration of fully minimized U.S. person identity infor- record is saying something very dif- the nomination of Under Secretary John mation seems to be not in keeping with the Bolton to be the United States Representa- ferent—that in each and every in- rationale provided in Mr. Bolton’s request. tive to the United Nations. An interview of Mr. Bolton by your Com- stance, there may have been discussion As you may be aware, I wrote to then-Di- mittee may provide a more complete under- and challenges, but in the end Sec- rector of the National Security Agency standing of the extent to which he may have retary Bolton delivered the approved (NSA), Lieutenant General Michael V. Hay- shared with others the nineteen U.S. person language. North Korea, the same thing. den, on April 20, 2005, requesting any docu- identities he requested and received from the Allegation was made that he was off on mentation related to Mr. Bolton’s requests NSA. I believe it is a matter that deserves his own, and Secretary Powell came for the identity of a U.S. person included in more thorough attention. I hope this information is of assistance to back and said, no, he delivered the classified intelligence reports produced by the NSA. you. opinion of the administration, of the In response, General Hayden provided Sincerely, Secretary of State. Chairman Pat Roberts and me the oppor- JOHN D. ROCKEFELLER IV, What we have here—and the record is tunity to review all ten NSA documents con- Vice Chairman. clear—is an individual with strong taining the references to U.S. persons that The PRESIDING OFFICER. The Re- views and strong opinions, who chal- generated Mr. Bolton’s requests. We were not publican whip is recognized.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5914 CONGRESSIONAL RECORD — SENATE May 25, 2005 CLOTURE MOTION true testament to this extraordinary who are proud to wear the uniform of the Mr. MCCONNELL. Mr. President, I individual. I wish Secretary Wolfowitz United States Armed Forces to say farewell send a cloture motion to the desk. well as he prepares for his new duties and thank you, Mr. Secretary, for all you’ve done for all of us in uniform during your ten- The PRESIDING OFFICER. The clo- as the President of the World Bank. I ure as our deputy secretary of Defense. ture motion having been presented ask unanimous consent to have these It’s been my great honor and privilege, under rule XXII, the Chair directs the speeches printed in the RECORD. Secretary Wolfowitz, to have known you and clerk to read the motion. There being no objection, the mate- worked with you for the last three-and-a-half The legislative clerk read as follows: rial was ordered to be printed in the years, and in that time, I think I’ve gotten to know a little bit about the man. CLOTURE MOTION RECORD, as follows: You have great humility. Of all the titles We the undersigned Senators, in accord- SECRETARY OF DEFENSE that you have earned—doctor, professor, ance with the provisions of rule XXII of the HOSTS A FULL HONOR REVIEW AND AWARD dean, ambassador, secretary—the two you Standing Rules of the Senate, do hereby CEREMONY FOR DEPUTY SECRETARY OF DE- prefer most are Dad and Paul. That says a move to bring to a close debate on Executive FENSE lot about you. Calendar No. 103. (With Remarks by: General Pete Pace, Vice You’re a man of great intellect. Put sim- Bill Frist, Richard G. Lugar, Richard Chairman, Joint Chiefs of Staff) ply, you work hard and you’re smart. And Burr, Pat Roberts, Mitch McConnell, Dr. Paul Wolfowitz is recognized for excep- you make those of us who work with you feel , Wayne Allard, Jon Kyl, tionally distinguished public service as dep- good about our contributions, and you elicit Jim DeMint, , Richard C. uty secretary of Defense from March 2001 from us our very best recommendations, be- Shelby, , , through April 2005. During that critical pe- cause you are, in fact, a facilitator and a per- Pete Domenici, Bob Bennett, Mel Mar- riod, Dr. Wolfowitz’s performance was bril- son who values the judgment of others—and tinez, George Allen. liant. While overseeing many of the depart- for that, we thank you. You’re also a man of great courage. Those Mr. MCCONNELL. Mr. President, ment’s day-to-day operations, he was also a key leader in developing United States pol- of us who wear the uniform understand cour- under the previous agreement, this age on the battlefield, but there’s another vote will occur tomorrow at 6 p.m. If icy to respond to the terrorist attacks of September 11th, 2001. very distinct form of courage, and that is in- cloture is invoked—and we hope it will A leader in developing United States pol- tellectual courage. Many times it has been be, of course—the vote on the nomina- icy to respond to terrorist attack, and an my great pleasure to watch you, when con- tion will then occur immediately. internationally recognized voice for freedom, versations have been going in a particular di- rection, and someone would turn to you and f Dr. Wolfowitz contributed to the intellec- tual framework for operations in Afghani- say, ‘‘Don’t you agree, Paul?’’ And you would MORNING BUSINESS stan and Iraq that removed two brutally op- say, ‘‘No, I don’t.’’ And then you’d explain pressive regimes that encouraged and gave why you didn’t in a very, very well-reasoned, Mr. MCCONNELL. Mr. President, I sanctuary to terrorists. Fifty million people articulate way that although did not always ask unanimous consent that there be a are now free from the bonds of tyranny. Self- carry the day, certainly made everybody in period for the transaction of morning government is on the march in countries that room understand that you were part of business, with Senators permitted to once believed beyond freedom’s reach. And this process, and that you were going to speak for up to 10 minutes each. Afghanistan and Iraq have become our new- speak your mind as you knew it should be spoken, and benefit all of us in uniform by The PRESIDING OFFICER. Without est allies in the war on terror. While addressing these sizable challenges, always speaking the truth, as you knew it. objection, it is so ordered. You’re also a man of compassion. If I speak Dr. Wolfowitz was a driving force in address- too much about this, I will blow your cover. f ing President Bush’s charge to transform the But the fact is that many, many times in the Department of Defense to better fit the chal- halls of this building, you have said to me, HONORING THE SERVICE OF DEP- lenges of the 21st century. He encouraged a ‘‘Pete, Sergeant so-and-so—or Lieutenant so- UTY SECRETARY OF DEFENSE culture of planning that stresses innovation and-so, or General so-and-so—has a problem, PAUL WOLFOWITZ and supports intelligent risk in areas rang- and I think if you say something to him, or ing from defense organization to technology Mr. WARNER. Mr. President, last you look into this, it will make life better Friday, May 13, Deputy Secretary of development and training. for him.’’ Certainly, all that you have done And Dr. Wolfowitz is a tireless advocate for for the wounded, both in your official capac- Defense Paul Wolfowitz ended his dis- America’s men and women in uniform. A fre- ity, but also as a human being in your visits tinguished tour of duty at the Depart- quent visitor to wounded forces and their ment of Defense. to the hospitals, in your caring for the fami- families in hospitals and rehabilitation cen- lies, in your attendance at funerals, in your During his 4 years at the Pentagon, ters, he paid particular attention to the caring for the families of the fallen. Secretary Wolfowitz played a critical needs and concerns that went beyond the In all those ways, Mr. Secretary, you have role as our Nation responded to the ter- typically excellent care they receive. Dr. shown enormous compassion. And for that, rorist attacks of September 11, and our Wolfowitz oversaw the creation of a 24-hour we are grateful. We will miss you, but we military defeated the Taliban in Af- operations center to reduce bureaucratic know that there are millions of people procedures for the severely injured, signifi- around this world who are now going to ben- ghanistan and liberated Iraq from dec- cantly improving the flow of information to ades of tyranny. We continue to fight efit from the intellect, strength and compas- ease their burdens during recovery. sion of Paul Wolfowitz as you go to lead the an all-out global war on terrorism, Dr. Wolfowitz’s countless achievements re- World Bank. guided by the policies which Secretary flect his keen intellect, management acu- It is my great honor now to introduce the Wolfowitz, acting as a true partner to men, vision and compassion. man in this building who works harder than Secretary of Defense Rumsfeld, helped Through his dedication to the pursuit of anybody else, has more focus than anybody to craft. policies of freedom and transformation, Dr. else, and makes the rest of us work very, Wolfowitz contributed greatly to the work of He was a true partner with Rumsfeld very hard, very diligently, to be part of the the Department of Defense and the United team that is trying to do for this country all throughout. I have had some modest States. The distinctive accomplishments of that we should be doing. experience in the Department having Dr. Wolfowitz reflect great credit upon him- Mr. Secretary: Secretary Rumsfeld. served there myself during the war in self, the Department of Defense, and the Sec. Rumsfeld. Well, thank you all for Vietnam as Secretary of the Navy. I United States of America. coming. We’re pleased you’re here. A special served under Messrs. Laird and Pack- Dr. Wolfowitz has also received the Decora- welcome to Paul Wolfowitz and his family ard. I served under three Secretaries. tion for Distinguished Civilian Service from and friends and lovely daughter, Rachel, sit- the secretary of the Army, the Distinguished Their partnership, as the two prin- ting there. And welcome to Chairman John Public Service Award from the secretary of Warner. We appreciate your being here, your cipal’s sharing an evergrowing, awe- the Navy, and the Decoration for Excep- old stomping grounds. And Senator Coleman, some, level of responsibilities has been tional Civilian Service from the acting sec- thank you so much for being here, and all exemplary in the annals of the Depart- retary of the Air Force. the senior military and civilian officials of ment of Defense. Gen. Pace. Secretary Rumsfeld, Mrs. the Department of Defense and guests. Wel- On April 29, I was privileged to at- Rumsfeld, Senator Warner, Senator Cole- come. tend a ceremony at the Pentagon in man, assembled leadership of the Depart- Three years ago, magazine honor of Secretary Wolfowitz’s years of ment of Defense, special guests and friends, had an interesting take on the job of deputy and especially to our wounded Cabinet secretary. It wrote, ‘‘Most deputy service. The speeches given that day— servicemembers who are here today. secretaries live lives of quiet frustration. by General Pace, Secretary Rumsfeld It is my distinct honor and privilege to They get stuck with all the grunt work, and Secretary Wolfowitz—are among stand here representing our Chairman, Gen- while their bosses swan around in the lime- the finest I have ever heard, and are a eral Dick Myers, and all the men and women light. And they have to sit mutely while the

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