S12880 CONGRESSIONAL RECORD — SENATE November 16, 2005 and too little. We lost American sol- real division within the administra- officials from ExxonMobil, Conoco be- diers’ lives and many were injured be- tion, and I would walk outside the Sen- fore its merger with Phillips, Shell Oil, cause we did not have the right equip- ate Intelligence Committee room and and BP America met in the White ment in place. hear statements made by the Vice House complex with Cheney aides who So now what we are saying is that President saying: There is no debate. It were developing the national energy this administration must be held ac- is all about nuclear weapons. policy, parts of which became law and countable, to report to Congress every Now, I could not repeat what I had parts of which are still being debated. 90 days to tell us in Congress the heard in the Senate Intelligence Com- It comes as no surprise. We suspected progress that is being made in pro- mittee. I was prohibited from saying it as much. A lawsuit was filed to specifi- tecting our troops, in preparing the publicly. I knew what he said was false. cally determine whether the oil com- Iraqis to defend their own country, in It is one of the reasons I voted against pany executives wrote this Energy bill. moving that country toward stability, that resolution to go to war in . That lawsuit was fought all the way to and in moving us to the point where But again and again the Vice Presi- the Supreme Court, and the Supreme American soldiers can start coming dent was taking information, intel- Court ruled that the home. That was passed yesterday, 79 to ligence information, giving it to the didn’t have to tell the American people 19. American people selectively, making who was involved. Now this memo tells As the President stood on Veterans certain that it was always the strong- us. Day and in an unprecedented political est spin toward the immediate need for The reason it is important is that speech attacked his Democratic critics a war, and that is how we ended up in last week the executives of these oil for saying they did not agree with his the position we are in today. companies came before Congress. You war policy, this Senate, on a bipartisan It is a lot easier to get into a war probably heard about the hearing be- basis yesterday, 79 to 19, said to the than it is to get out of one. And we fore the Senate Commerce Committee. President: Your policy in Iraq must have learned that with the cost in Senator Maria Cantwell of Washington change. We need to start looking to human lives and the cost to America’s insisted that these oil company execu- bring American soldiers home. And 2006 Treasury. tives be sworn in and testify under is the year to begin that process in ear- f oath, as the tobacco company execu- nest. tives did a few years ago. But Senator AMERICA’S ENERGY CRISIS That is why it was a historic vote. Of STEVENS, chairman of the committee, course, as we look at the statements Mr. DURBIN. Mr. President, the sec- refused to allow them to be sworn in. made in the lead-up to the invasion of ond story on the front pages of this Why? So they couldn’t be held account- Iraq, there is a recurring theme. It morning’s newspapers relates to the able if they didn’t tell the truth. turns out that the major sources of in- energy crisis in America. You do not Unfortunately, some of the state- telligence that were passing through have to describe that to any American ments made in responses to questions the administration and to the Amer- who has filled up their gas tank in the by Senator LAUTENBERG raised serious ican people were passing across the last several months. And in the weeks questions as to whether those oil com- desk of Vice President CHENEY. ahead, when you start paying your pany executives were candid and forth- Lieutenant Colonel Wilkerson, chief home heating bills, if you live in one of coming in terms of their involvement of staff to Secretary of State Colin the colder parts of America, you will in this very bill, the Energy bill, which Powell, referred to a cabal, a cabal led see the energy problems we are facing. this memorandum tells us was pre- by Vice President CHENEY and Sec- Of course, it reflects the fact we have pared with the oil company executives. retary of Defense Rumsfeld, a cabal no energy policy in this country. In the Once again, the special interests which set the stage for the invasion of White House, with the President and trumped America’s families and con- Iraq. The man speaking was not a par- Vice President, we have two men who sumers, businesses and farmers. The tisan Democrat. He was the chief of have long careers with the energy in- Energy bill was written with the Vice staff to the Secretary of State in the dustries and with oil companies, and President’s direction that rewarded oil Bush administration, . I the energy policy they are pushing re- companies at a time when we should think it makes clear that throughout flects it. have been sensitive to protecting the lead-up to the invasion of Iraq, our What did we have in the so-called En- American consumers. Unfortunately, it Vice President, RICHARD CHENEY, was ergy bill signed by the President just reflects what has been happening in making statements that did not reflect in August of this year? A $9 billion sub- this capital for too long. the truth of what was occurring in sidy to oil companies, a $9 billion sub- f Iraq. sidy to companies which are realizing Repeatedly, he said Iraq had links to record-breaking profits at this very LEWIS LIBBY INDICTMENT al-Qaida, and that was proven false. moment. Mr. DURBIN. The third issue is one Repeatedly, he said Iraq was an immi- Why in the world would we be send- which everyone is aware of; that is, the nent threat to the , and ing subsidies, Federal taxpayers’ dol- fact that for the first time in over a that was proven false. Repeatedly, Vice lars, to these oil companies at a mo- century, some high-level staffer in the President CHENEY said Iraq was trying ment in time when they are realizing White House has been indicted. Lewis to acquire nuclear weapons, and that the largest profits in history? I think ‘‘Scooter’’ Libby was indicted a few was proven false. every American knows why. When you weeks ago, charged with and On ‘‘,’’ on March 16, go to the gas station to fill up your car related to the 2003, the Vice President said: ‘‘And we or your truck, and you put that charge affair. Everyone is believe he [] has, in on your credit card, the money from aware of it now. Joe Wilson, former fact, reconstituted nuclear weapons.’’ your credit card is going directly to Ambassador, sent to Africa to deter- False. the boardrooms of these oil companies mine whether assertions by the admin- In addition, there were statements that are realizing more money than istration about yellow cake made about whether Iraq was trying to they ever have in history. coming from Africa to Iraq were true, acquire uranium from Africa, state- We wanted to know who wrote the reached the conclusion they were not. ments made by the Vice President administration’s energy bill, and we When he published that conclusion, he which turned out to be false, and state- could not find out. Neither the Presi- was attacked in the press by Robert ments, of course, relative to aluminum dent nor the Vice President, who was Novak in a column where Mr. Novak tubes. I knew something about that de- leading the effort to create this energy said two White House sources had told bate because as a member of the Sen- policy, would tell the American people him that Joseph Wilson’s wife Valerie ate Intelligence Committee, I listened who was part of it. Plame was a CIA agent. as the Department of Defense and the This morning’s front page story in In fact, she was an undercover agent Department of Energy debated whether tells us who was whose identity was being protected. these aluminum tubes were really all part of it. A document obtained by the But the White House, in an effort to about nuclear weapons. There was a Washington Post this week shows that discredit its critics and to silence

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He is in Wash- blocked by a cadre of conservative crit- thing we should never take for granted. ington. He is not being served with a ics who lambasted her at every turn. The law is designed to protect them. subpoena. He is being served lunch. Do Why? Because they were not satisfied But the White House decided, for polit- you know whom he has visited with in that her judicial ideology matched ical reasons and in order to protect the last week, this man under active their conservative extremism. They against the disclosure that they were investigation? Vice President CHENEY were not certain that her legal philos- manufacturing intelligence to justify is one; Secretary of State Condoleezza ophy squared with their political agen- the war, they would attack Joseph Wil- Rice; Secretary of Defense Donald da. In the end, Harriet Miers’ nomina- son’s wife Valerie Plame. For that ac- Rumsfeld; the National Security Ad- tion was blocked before she could ex- tion and for the statements he made to viser, ; the Treasury plain her judicial philosophy, before the FBI and the , Mr. Libby Secretary, John Snow. And he is under she could have a full and fair hearing was indicted. The investigation con- active investigation by the FBI for to answer the doubters, before she could have an up-or-down vote on the tinues. having sold American secrets to the Senate floor. She was blocked by con- f Iranians. I don’t understand this. It seems to servatives and Republicans, not Demo- me that if this man is suspected of en- crats. She was not given an up-or-down vote by many of the same people who Mr. DURBIN. The last issue, which is dangering our troops, he should be are clamoring for an up-or-down vote one that is topical, relates to a man by called in for questioning, if not more. on Samuel Alito. Instead, he is being called in for a cup the name of Ahmed Chalabi. What a The standards seem to change with fascinating man he is. Ahmed Chalabi of coffee and a cookie. That is what the nominee. Many of the very people is an Iraqi exile, now back in Iraq after this administration thinks is playing who denied Harriet Miers an up-or- the fall of Saddam Hussein. What an straight with Iraq. down vote are now saying that there is interesting history this man has. The American people know better. I an imperative to give Samuel Alito In 1992, Ahmed Chalabi was convicted am glad yesterday, by a vote of 79 to one. So before we even begin examining of bank fraud and embezzlement of 19, we told this administration their Judge Alito’s record, a natural cause over $230 million for a bank he was run- policies in Iraq have to change. for concern is that he was picked to ning in Jordan. To escape the sentence It is long overdue for the Vice Presi- placate a group of vocal and hard-right of 22 years in prison, he fled to London dent of the United States to hold a activists who have been lobbying for and then to the United States, and cer- press conference and answer questions. him for many years. Many of those who tainly that wasn’t the last we heard of It is long overdue for him to speak now call for an up-or-down vote are the him. He created something called the truth to the American people, to be same ones who denied that vote to Har- , which ingra- candid about the misuse of intelligence riet Miers. tiated itself with the Bush administra- leading to the invasion of Iraq, to be Anyone who thinks that this nomina- tion to the point where the Bush ad- candid about his role in disclosing the tion is a foregone conclusion is sadly ministration paid to Ahmed Chalabi’s identity of Valerie Plame to Lewis mistaken. There are too many ques- Iraqi National Congress $39 million. ‘‘Scooter’’ Libby, to be candid about tions still to be answered, too many Then Mr. Chalabi gave us misleading his role in terms of meeting with oil doubts still to be alleviated to say this information about the situation in company executives to create this En- nomination is a slam dunk. The most Iraq, saying there were mobile biologi- ergy bill, and to be honest about his re- important thing we must look at is cal weapons labs, which turned out to lationship with Ahmed Chalabi. The Judge Alito’s judicial record. And at be false, information from a source American people deserve straight- least on first perusal, there are reasons named ‘‘Curveball,’’ of all things, one forward, honest answers. to be troubled. In case after case after of most discredited sources of intel- I yield the floor. case, Judge Alito gives the impression ligence we have ever had who happened The PRESIDING OFFICER. The Sen- of applying meticulous legal reasoning, to be the brother of one of Chalabi’s ator from New York. but each time he happens to reach the aides. It turned out that the informa- Mr. SCHUMER. Mr. President, I ask most conservative result. That is why tion he was feeding us all along about unanimous consent to speak for 15 min- he apparently dissented more than Iraq, by and large, was false. utes to complete my statement. most judges in his circuit. Mr. Chalabi was unrepentant when he Mr. ENZI. I object. We have the pen- I met with Judge Alito. I found him was confronted with this. From the sion bill scheduled on a very tight time to be bright and capable and down to London Daily Telegraph, in an article schedule. earth. He has an impressive life story on February 19, 2004, I quote: Mr. SCHUMER. It is only an addi- and history of accomplishment. And 1 Mr. Chalabi, by far the most effective anti- tional 3 or 4 minutes. We have 8 ⁄2 left, his family story is not unlike mine and Saddam lobbyist in Washington, shrugged off so it would be an additional 5. that of millions of Americans whose charges that he deliberately misled U.S. In- Mr. ENZI. OK. families came to these shores in the telligence. ‘‘We are heroes in error,’’ he told The PRESIDING OFFICER. Without last two generations and, due to this the Telegraph in Baghdad. objection, it is so ordered. great system of ours, climbed the lad- He goes on to say: f der of success. But this is about more than legal achievement. In case after As far as we’re concerned, we’ve been en- SAMUEL ALITO tirely successful. That tyrant Saddam [Hus- case, Judge Alito seems to find a way sein] is gone and the Americans are in Bagh- Mr. SCHUMER. Mr. President, 1 to rule on the side of business over the dad. What was said before is not important. month ago, I expected to be on the Sen- consumer, on the side of employer over The Bush administration is looking for a ate floor sometime about now engaged employee, and often against civil scapegoat. We’re ready to fall on our swords in a debate over the pros and cons of rights, against workers’ rights, against if he wants. President Bush’s nominee to the Su- women’s rights. That was not the end of the story. preme Court. Of course, I thought it Though any analysis is still prelimi- Now that he has misled the Americans would be Harriet Miers we would be de- nary—and, of course, we must all wait into invading Iraq, now that he has us bating. But that never occurred. As the for the hearings because those will be in a position where our American Senate takes up the nomination of the most important thing—a quick re- forces are there, he is trying to build Harriet Miers’ replacement, Judge view of some cases reveals a troubling up his political fortunes. In May of last Samuel Alito, we should all contin- pattern and warrants tough ques- year, Iraqi security forces raided his ually bear in mind how we got to this tioning at Judge Alito’s hearing.

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