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Congressional Record—Senate S2010

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Congressional Record—Senate S2010 S2010 CONGRESSIONAL RECORD — SENATE March 6, 1997 In sum, Mr. President, we’re begin- NOMINATION OF ANTHONY LAKE White House documents involving ning to see some patterns that back up Mr. GRAHAM. Mr. President, I wish Haiti—documents which our House col- Dr. Whitehurst, and contradict Mr. to speak today on the nomination of leagues requested last year as part of Freeh and the FBI. First, other sci- Anthony Lake to be Director of the their extensive investigations into the entists have surfaced with allega- Central Intelligence Agency. This nom- administration’s Haiti policy. tions—not just Dr. Whitehurst. Second, ination has raised a troubling issue, an Those investigations have so far pro- it appears that three cases reviewed by issue that has nothing to do with the duced rather paltry results, despite ex- the IG found misconduct and/or sloppi- candidate’s qualifications. Rather, that tensive hearings, document reviews ness. issue is the credibility of the Senate and testimony. When I was growing up back on the Select Committee on Intelligence to The International Relations Com- farm in Iowa, we had a saying. If you conduct a fair, nonpartisan examina- mittee was able to generate only a ma- reach into a barrel of apples for the tion of this nominee. jority staff report. The members of first time and pull out a bad one, the That committee, of which I have that committee—neither Republican or chances are pretty good there’s more been a proud member for 4 years, has a Democrat—signed the report—not ex- bad apples in there. Maybe a barrel-full well-earned reputation for bipartisan- actly a vote of confidence. of bad apples. ship. But that hard-won reputation is The Republican majority of the So far, based on press reports, that’s being jeopardized by the committee’s House Permanent Select Committee on three bad apples—three out of three. conduct in this matter. Intelligence has yet to produce any re- Those are pretty high odds. In a speech before the Senate last port at all. In each case, the administration What’s to be done? Director Freeh night, Chairman SHELBY said he wants made available literally hundreds of made a big splash yesterday announc- to treat the Lake confirmation ‘‘in a documents for congressional review. ing a new way to handle internal re- serious, thorough and fair manner.’’ That is a laudable goal. It is a goal I Although withholding approximately views of alleged criminal behavior and 50 documents, citing executive privi- misconduct. He will increase the num- fully support. I commend the chairman for establishing a high standard. The lege, the administration did offer to ber of people working on such reviews brief House Members and provide cer- from 30 to 60. position of Director of Central Intel- ligence is an extremely sensitive one. tain redacted versions of those docu- The Director doesn’t seem to get it, ments. Republicans rejected the pro- Mr. President. The issue is that the We have a responsibility to the Amer- ican people to subject the nominee to posal. FBI can’t police itself. Doubling the The administration has made the number of self-policers won’t change close scrutiny. I accept and welcome the responsi- same offer to our committee. It is a the bottom line. Zero times two is still bility as a member of the committee. reasonable one that balances congres- zero. Unfortunately, it is a responsibility my sional rights and executive privilege. I I’m beginning to think those 60 slots colleagues and I have been unable thus urge the chairman to accept it, rather are a lot better off—from the tax- far to exercise. than creating a pretext for further payers’ point of view—being moved to The reason for this failure is that the delay. the IG instead. And I intend to discuss committee, although having officially Mr. President, the Haiti issue is just this with my colleagues on the Judici- received this nomination on January 9, one of several the committee is pur- ary Committee. has yet to conduct its first hearing on suing. The FBI does not have a long and the nominee. Meanwhile, the Senate The implication of the chairman’s re- proud history of self-policing notwith- has acted judiciously but swiftly on marks are that the committee now in- standing what Mr. Shapiro leads us to two other members of the President’s tends to investigate the Department of believe. Look at Ruby Ridge. That case foreign policy team, the Secretary of Justice’s investigation of Mr. Lake’s certainly doesn’t inspire confidence in State and the Secretary of Defense. divesture of stock. The Justice Depart- the FBI’s ability to self-examine. Mr. Lake remains the exception. In- ment, as I mentioned earlier, found no Mr. President, I believe the American deed, his hearings have been postponed evidence that Mr. Lake ever took any people are being mislead by the FBI on not once, but twice. In the first in- action to conceal or misrepresent his the problems we’re seeing in its crime stance, the chairman postponed the or his wife’s financial holdings. It lab. And all that does is continue the hearings ‘‘dependent upon the status of found no fault in his conduct of the erosion of confidence the people have the Justice Department’s investiga- Iran-Bosnia matter. in the FBI. tion’’ into Mr. Lake’s stock trans- With regards to Mr. Lake’s FBI file It’s time the Bureau stopped its nar- actions and his role in the Iran-Bosnia and the Tower nomination, the chair- cissistic infatuation with its own arms sale. man has requested Mr. Lake’s complete image. It’s time to stop selling an infe- The Department of Justice completed FBI file, based on the purported prece- rior product with false advertising. The its investigation on February 7, giving dent of the nomination of former Sen- American people deserve from its chief Mr. Lake a clean bill of health in re- ator John Tower for Secretary of De- law enforcement agency a product with gard to the arms sale and determining fense in 1989. As my colleague from integrity. They deserve an FBI that there was no evidence that he ever Michigan, Senator LEVIN, stated yes- does what it would have you believe it took any action to conceal or misrepre- terday, ‘‘neither the Armed Services does. This is an issue of leadership. sent his or his wife’s financial holdings. Committee nor the full Senate ever had Quite frankly, I am beginning to join Nevertheless, the chairman again access to the raw investigative files the ranks of those whose confidence in postponed the hearings, this time as- used by the FBI to compile its sum- the Bureau’s leadership is diminishing. serting that the Department of Justice mary of the background investigation of Senator Tower.’’ Mr. President, I yield the floor. I do investigation ‘‘is only a small part of In his statement, Senator LEVIN fur- not see any other Members ready to the Senate Select Intelligence Commit- ther cites Senator Nunn’s comments in speak, so I suggest the absence of a tee’s overall, ongoing investigation 1989. Senator Nunn stated on the Sen- quorum. * * *’’ He now cites new concerns. After two delays, the chairman is ate floor that, ‘‘What we have in S–407 The PRESIDING OFFICER (Mr. now committed to a hearing on March is the summary of interviews the FBI ENZI). The clerk will call the roll. 11. I welcome that commitment. conducted. They prepare the summary. The bill clerk proceeded to call the Mr. President, I fear, however, that We do not see nor do we have the un- roll. the March 11 hearing is only a prelude derlying interviews.’’ Mr. GRAHAM. Mr. President, I ask to what is turning into an extended In the case of Mr. Lake, that sum- unanimous consent that the order for fishing expedition. If anyone doubts mary has already been provided to the the quorum call be rescinded. that, they only have to read the Feb- chairman and vice chairman of the The PRESIDING OFFICER. Without ruary 27 issue of the Washington Post, Senate Intelligence Committee. objection, it is so ordered. The Senator which reported that the Senate Intel- I am concerned that we are engaged is recognized for up to 15 minutes. ligence Committee has now requested in a fishing expedition in which the VerDate Mar 15 2010 21:57 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S06MR7.REC S06MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 6, 1997 CONGRESSIONAL RECORD — SENATE S2011 hearings are being used to determine if est and assures that the public interest Is the Agency ready to be held ac- some malfeasance can be found, rather is not being rendered vulnerable by countable for its actions and its fail- than to develop information on a cred- clandestine operations. ures? ible hypothesis of inappropriate behav- So far, the committee has largely What role should human rights play ior. succeeded. One measure of the commit- in Agency operations? Mr. President, I am also concerned tee’s success has been the impressive Is the Agency keeping congressional that the goalposts are clearly being number of newly emerging democracies oversight committees and Members of moved on this nominee. Questions are that have sought the Senate Intel- Congress appropriately informed? How asked; responses are given; and then ligence Committee’s advice over the effective has it been in this regard? new, different questions are asked.
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