Congressional Record—Senate S8437

July 20, 2004 CONGRESSIONAL RECORD — SENATE S8437 year, the administration really allo- has now been 1 year and 6 days since House and the intelligence community. cated the money on the basis of need. two high-ranking White House officials This administration purposefully My State of New York got about a leaked the name of agent Valerie stretched intelligence data they knew third of the funds, which is probably Plame, a CIA agent, to a columnist by to be questionable to justify the war to right. But then they abandoned ship. the name of Robert Novak, who then the American people and to Congress. Once Mitch Daniels left, who was head published it in his column. Two high- According to the Senate Intelligence of OMB, a true conservative who didn’t ranking White House officials leaked Committee report, in February of 2002, want to spend money, these homeland this name to more than one reporter. It the CIA sent former Ambassador Wil- security funds became pork battle and is interesting that no other reporters son to Niger to investigate claims that they are spread thin. reported it except Robert Novak. Iraq had sought to purchase Nigerian I say to the Chair, I know everybody Here we are 372 days—1 year and 6 uranium ore. His trip and subsequent has some needs, but to have his State days after this crime was committed. debriefing neither verified the claim, get, on a per capita basis, far more dol- We still have no answers about who in nor disproved it. Following his trip, the lars than mine in terms of homeland the White House was responsible for intelligence community continued ef- security, I don’t think seems right, this leak. We still have no assurance forts to verify the claim. much as I want to protect both. Over from the President or the Vice Presi- In October of 2002, the White House and over again, on homeland security dent that those who are responsible do sought to include that claim—that Iraq funds, we have not allocated it to the not still remain in high-ranking deci- had tried to buy uranium ore from places of greatest crisis. That, too, is a sion making roles in the White House. Niger—in a policy speech by the Presi- problem. They are probably still there. dent that was to be given in Cin- So the bottom line is this: I hope this This administration has failed to find cinnati. But the CIA had such serious report will be what it should be, a and punish the officials responsible for concerns about this being in his speech wake-up call—a wake-up call that, on this criminal action. Ms. Plame’s iden- that they sent a memo to the White intelligence, our agencies are too dis- tity was leaked by senior White House House seeking changes. The CIA did parate, they don’t talk to one another officials only 8 days after her husband not think these concerns were being or coordinate with one another. They questioned in print one of the key ad- taken seriously, so the following day, are not doing the job they should and ministration justifications for the war they sent a second memo that urged we have to correct that. I hope it is a in Iraq; that is, that Iraq had sought to the information be deleted from the wake-up call that here at home on buy uranium ore from the country of President’s speech. So now we have two memos to the homeland security we are not doing Niger. White House on subsequent days ask- enough. It is common knowledge that, This blatant defiance of public ac- ing that this be taken out of his speech as so many say, to win a basketball or countability weakens our country. It because ‘‘the evidence was weak’’ and a football game you need both a good damages our international credibility that the CIA had told Congress that offense and a good defense. We have an and undercuts our human intelligence efforts at a time when they are needed ‘‘the Africa story was overblown.’’ offense out there all right. I have been That same day, CIA Director Tenet largely supportive of that offense. But more than ever. It is just one example of the way this administration has personally called Deputy National Se- we are not doing enough on the de- curity Adviser Stephen Hadley to ex- weakened America’s standing in the fense. You cannot win a game without press his concerns about using this in- world. a good defense. I hope it is a wake-up formation in the speech. And guess call on defense as well. I hope it is a I will speak further to this issue dur- ing the remainder of the week. Again, what. It was taken out of the Presi- wake-up call. dent’s speech by Stephen Hadley, the I hope the report will be comprehen- I will continue to point out how this has weakened America. Last month, Deputy National Security Adviser. sive, and that it will talk about so That is how concerned the CIA was for example, a group of 26 former senior many things—immigration, rail, port, about this information and about the diplomats and military officials who truck security, and air security. It will credibility of the information: two worked for Presidents of both parties, talk about all of the things that we did memos and a personal call from the Di- wrong before 9/11. Again, instead of fin- Republican and Democrat, issued a rector of the CIA to Deputy National ger-pointing, instead of seeking blame, compelling statement about the dam- Security Adviser Hadley. It was taken instead of ducking, let’s hope this re- age the administration has done to our out of the President’s speech. This is port importunes the Congress, impor- security. Their statement said: October. tunes the White House to one of its fin- Our security has been weakened. Between October and January, both est hours in that we spend some time It said further: the State Department and the CIA ob- in September, after having had plenty [The] Bush administration has shown that tained copies of documents that pur- of time to analyze the report, to imple- it does not grasp the circumstances of the ported to be a uranium ore purchase menting its recommendations—at least new era and is not able to rise to the respon- agreement between Iraq and Niger. As the ones the Congress sees fit. It would sibility of world leadership in either style or I heard, these documents came from be unacceptable for us to just look at substance. someplace in Italy. But the State De- the report for a day and then do noth- When a former Ambassador, Joseph partment determined the documents ing. That would be a dereliction of our Wilson, raised issues that questioned were probably a hoax. duty to our citizens to do what we are part of President Bush’s rationale for So between October and January, required to do, that which the Con- the war in Iraq, this administration at- there was even more reason to doubt stitution requires us to do—protect the tacked him politically, and then went the credibility of these uranium ore security of Americans. after his wife. And the smear campaign claims. Nonetheless, when the Presi- I yield the floor. continues, as we have seen in recent dent took the floor in the House Cham- The ACTING PRESIDENT pro tem- columns and four statements this ber to give his State of the Union Mes- pore. The Senator from Iowa is recog- week. sage, what happened? Those claims nized. I am not here to criticize or defend were included in his speech. Mr. HARKIN. Mr. President, how former Ambassador Joseph Wilson. I Who was the person responsible for much time do I have under the order? am here to make the point that when vetting, for clearing these kinds of The ACTING PRESIDENT pro tem- he dared to question whether one of the statements in the President’s State of pore. Ten minutes. President’s justifications for the war in the Union Message? Guess what, it was f Iraq was correct, the White House was Stephen Hadley, the Deputy National so intent on discrediting him that they Security Adviser. He was in charge of LEAK INVESTIGATION were willing to expose the identity of vetting the national security issues for Mr. HARKIN. Mr. President, I am an undercover CIA agent in an act of the President’s State of the Union here on the Senate floor again today to vicious political retribution. They were speech. This was the same person who remind my colleagues, and those who willing to break the law, and to dam- just a couple of months before had re- may be watching on C–SPAN, that it age the relationship between the White ceived two memos and a personal

VerDate May 21 2004 00:08 Jul 21, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.014 S20PT1 S8438 CONGRESSIONAL RECORD — SENATE July 20, 2004 phone call from Mr. Tenet, the head of much of which the State Department section shall be consecutive to any other the CIA, telling him these claims were rejected. sentence of imprisonment. highly suspect. But these words made My question is, what was Vice Presi- Mr. HARKIN. Mr. President, this law it into the President’s State of the dent CHENEY doing visiting the CIA does not make any exceptions. It does Union Message. Thus, the White House, over eight times? This is unprece- not say, you can be fined or put in pris- in its determination to wage war, in- dented—unprecedented. on unless your spouse has gone against cluded information they knew to be And my final question is this: Where the administration’s policy. It does not questionable to justify the war in Iraq. is the same drive and determination by have that in here. No one is excused, Six months later, when Joseph Wil- the President or the Vice President not even, in my opinion, Mr. Novak. son questioned that information, two when it comes to finding those respon- One year and 6 days later we are still senior White House officials undertook sible for the breach of national secu- waiting for some action to be taken a campaign to destroy the career of his rity this leak caused? against those who broke the law. I wife. Who would have known that Val- The people who exposed Valerie have said repeatedly, if the President erie Plame was married to Joseph Wil- Plame broke the law. Title 50 U.S.C., wanted to know the identity of these son? Maybe some in the CIA knew it. I section 421. It is very clear on this: Any high-ranking officials, he could have done so within 24 hours. Clearly, Mr. don’t know who else knew it. They had person who has access to classified in- Bush does not want to know the iden- different names. She was deep under- formation that identifies a covert tity of the leakers, and when he was cover. She was not given diplomatic agent shall be fined or imprisoned not asked about it, he just dismissed it out immunity. She was very deep under- more than 10 years or both. I ask unanimous consent that the of hand, smiled about it, said: There cover in the CIA. exact words of 50 U.S.C., section 421, be are a lot of leakers, who knows, a lot of In the process of blowing Ms. Plame’s printed in the RECORD. people in the administration, and he cover, these White House officials cost There being no objection, the mate- just brushed it off. Where is Mr. Bush’s the people of this country a 20-year in- rial was ordered to be printed in the sense of outrage that two people would vestment in Valerie Plame. They RECORD, as follows: do this and so weaken America’s na- placed into jeopardy her entire net- TITLE 50.—WAR AND NATIONAL DEFENSE tional security? work of contacts and CIA operatives. CHAPTER 15.—NATIONAL SECURITY, PROTECTION I think getting these answers means They caused the entire intelligence OF CERTAIN NATIONAL SECURITY INFORMA- only one thing: The President of the community to question whether they TION, 50 USC § 421 (2004) United States, Mr. Bush, the Vice might be next and be exposed. Thus, § 421. Protection of identities of certain President of the United States, Mr. they weakened the reputation of this United States undercover intelligence offi- CHENEY, should be put under oath and country at home and abroad. cers, agents, informants, and sources. filmed at the same time and deposed Don’t take my word for it; take the (a) Disclosure of information by persons and asked these questions. One might words of three former CIA high-rank- having or having had access to classified in- say: Senator, that is an awful drastic formation that identifies covert agent. Who- ing officials. Vincent Cannistrano, ever, having or having had authorized access step to be taken to put the President former chief of operations and analysis to classified information that identifies a and Vice President under oath. I re- at the CIA counterterrorism center, covert agent, intentionally discloses any in- mind my colleagues that just a very said of the Plame disclosure: formation identifying such covert agent to few years ago a former President was The consequences are much greater than any individual not authorized to receive put under oath and questioned under Valerie Plame’s job as a clandestine CIA em- classified information, knowing that the in- oath and filmed, and we sat in this ployee. They include damage to the lives and formation disclosed so identifies such covert Chamber and watched on television livelihoods of many foreign nationals with agent and that the United States is taking sets the deposition of former President affirmative measures to conceal such covert whom she was connected, and it has de- Clinton when he was put under oath. stroyed a clandestine cover mechanism that agent’s intelligence relationship to the United States, shall be fined under title 18, Regardless of how one may have felt may have been used to protect other CIA about the impeachment one way or the non-official covered officers. United States Code, or imprisoned not more than ten years, or both. other, I think the fact that the Presi- Or the words of James Marcinkowski, (b) Disclosure of information by persons dent was put under oath and ques- a former CIA operations officer, he who learn identity of covert agent as result tioned sent a signal very loudly and said: of having access to classified information. clearly to the people of this country: The deliberate exposure and identification Whoever, as a result of having authorized ac- No one is above the law, not even the of Ambassador Wilson’s wife by our own Gov- cess to classified information, learns the President of the United States. If it identity of a covert agent and intentionally ernment was unprecedented, unnecessary, was good enough for a former Presi- harmful, and dangerous. discloses any information identifying such covert agent to any individual not author- dent, it is good enough for this Presi- Larry Johnson, a former CIA analyst, ized to receive classified information, know- dent. said: ing that the information disclosed so identi- The ACTING PRESIDENT pro tem- For this administration to run on a secu- fies such covert agent and that the United pore. The Senator has consumed the 5 rity platform and to allow people in this ad- States is taking affirmative measures to minutes allocated to Senator REID as ministration to compromise the security of conceal such covert agent’s intelligence rela- well. intelligence assets I think is unconscionable. tionship to the United States, shall be fined All time has expired on the Demo- No one listening to these three men under title 18, United States Code, or impris- cratic side. oned not more than five years, or both. Mr. LEAHY. Mr. President, am I cor- could have any doubts about the dam- (c) Disclosure of information by persons in age this act has done to our intel- course of pattern of activities intended to rect that we will now go to the Myers ligence community and the extent to identify and expose covert agents. Whoever, nomination? which this has weakened America. in the course of a pattern of activities in- f We have seen that this administra- tended to identify and expose covert agents CONCLUSION OF MORNING and with reason to believe that such activi- tion has put relentless pressure on the BUSINESS intelligence community to justify the ties would impair or impede the foreign in- war. I have been informed that Vice telligence activities of the United States, The ACTING PRESIDENT pro tem- discloses any information that identifies an pore. Morning business is closed. President CHENEY personally went to individual as a covert agent to any indi- f the CIA headquarters—personally went vidual not authorized to receive classified in- across the river in Virginia to the CIA formation, knowing that the information EXECUTIVE SESSION headquarters—at least eight times in disclosed so identifies such individual and the months when this intelligence data that the United States is taking affirmative was under review. The Los Angeles measures to conceal such individual’s classi- NOMINATION OF WILLIAM GERRY Times reported last week that the Vice fied intelligence relationship to the United MYERS III TO BE A UNITED President’s office even prepared its own States, shall be fined under title 18, United STATES CIRCUIT JUDGE FOR States Code, or imprisoned not more than THE NINTH CIRCUIT dossier of all the information they three years, or both. thought should be used by the Sec- (d) Imposition of consecutive sentences. A The ACTING PRESIDENT pro tem- retary of State to justify the war, term of imprisonment imposed under this pore. Under the previous order, the

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