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Congressional Record—Senate S8438

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Congressional Record—Senate S8438 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 VerDate May 21 2004 00:08 Jul 21, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.016 S20PT1 July 20, 2004 CONGRESSIONAL RECORD — SENATE S8439 Senate will proceed to executive ses- with a heavily Democratic Senate, saw Senate devote three days is perhaps the sion and resume consideration of Cal- them reject his court-packing plan. most anti-environmental judicial endar No. 603, which the clerk will re- Like the recent abuse of the Con- nominee sent to the Senate. The nomi- port. stitution for partisan political pur- nation of William Myers to the United The legislative clerk read the nomi- poses, I believe the President is trying States Court of Appeals for the Ninth nation of William Gerry Myers III of to turn the independent Federal judici- Circuit is an example of how this Presi- Idaho to be United States circuit judge ary into an arm of the Republican dent has misused his power of appoint- for the Ninth Circuit.
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