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Download Legal Document Case 1:13-cv-01870-JEB Document 46-2 Filed 02/12/15 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs, v. No. 13-cv-01870 (JEB) CENTRAL INTELLIGENCE AGENCY, et al. Defendants. DECLARATION OF ASHLEY GORSKI I, Ashley Gorski, a member of the Bar of the State of New York and admitted pro hac vice to the Bar of this Court, declare under penalty of perjury as follows: 1. I am an attorney with the American Civil Liberties Union Foundation, one of the Plaintiffs in this matter. I submit this declaration in support of Plaintiffs’ Opposition to Defendants’ Motions to Dismiss and for Summary Judgment, and Plaintiffs’ Cross-Motion for Partial Summary Judgment. 2. Attached hereto as Exhibit A is a true and correct copy of pages S6474 through S6476 of the Congressional Record for December 10, 2014, containing former Senator Mark Udall’s Senate floor speech about documents referred to as the “Panetta Review.” These Congressional Record pages were downloaded from http://1.usa.gov/1vhQvtj. Case 1:13-cv-01870-JEB Document 46-2 Filed 02/12/15 Page 2 of 6 * * * I declare under penalty of perjury that the foregoing is true and correct. Dated: February 11,2015 New York, New York 2 Case 1:13-cv-01870-JEB Document 46-2 Filed 02/12/15 Page 3 of 6 Exhibit A S6474 Case 1:13-cv-01870-JEBCONGRESSIONAL Document RECORD 46-2 Filed — SENATE 02/12/15 Page 4December of 6 10, 2014 by the way, on a partisan basis, even My goal from the start has been two- I believe it accomplishes the goals I when there are differences. But the fold. First, I have been committed to laid out and it tells the story that aisle sort of disappears when it comes correcting the public record on the needs to be told. to the Defense authorization bill, and CIA’s multiple misrepresentations to It also represents a significant and that is the way it should be. the American people, to other agencies essential step for restoring faith in the I yield the floor. in the executive branch, the White crucial role of Congress to conduct Mr. INHOFE. Mr. President, let me House, and to Congress. Second, my oversight. Congressional oversight is reclaim my time just to make one goal has been to ensure that the full important to all of government’s ac- other comment. The two people who truth comes out about this grim time tivities, but it is especially important are sitting here, Peter Levine on your in the history of the CIA and of our Na- for those parts of the government that side and John Bonsell on our side, their tion so that neither the CIA nor any fu- operate in secret, as the Church Com- compatibility in working together is ture administration repeats the griev- mittee discovered decades ago. The also unprecedented. It doesn’t happen ous mistakes this important oversight challenge the Church Committee mem- very often. I can’t speak for the Sen- work reveals. bers discovered are still with us today: ator from Michigan, but I can speak for The process of compiling, drafting, how to ensure that secret government myself, to say that without these two redacting, and now releasing this re- actions are conducted within the con- working together I sure could not have port has been much harder than it fines of the law. The release of this ex- participated in a meaningful way. So I needed to be. It brings no one joy to ecutive summary is testament to the thank them as well. discuss the CIA’s brutal and appalling power of oversight and the determina- Mr. LEVIN. The Senator from Okla- use of torture or the unprecedented ac- tion of Chairman FEINSTEIN and the homa is speaking for both of us, I can tions that some in the intelligence members of this committee to dog- assure him, with his comments and so community and administration have gedly beat back obstacle after obstacle many other comments he made. taken in order to cover up the truth. in order to reveal the truth. I will yield to the Senator from Colo- A number of my colleagues who have There are a number of thank-yous rado, but first I wish to thank him for come to the floor over the past 24 hours that are in order. I start by thanking the great contribution he has made to and discussed this report have referred the chairman for her courage and per- our committee. I think he is planning to 9/11. I, too, will never forget the fear, sistence. I also thank the committee on speaking on a different subject. He the pain, and the anger we all felt on staff director, David Grannis; the staff has played a major role on the Intel- that day and in the days that followed. lead for the study, Dan Jones; and his ligence Committee. I look forward to Americans were demanding action core study team, Evan Gottesman and reading, if not hearing, his remarks on from our government to keep us safe. Chad Tanner. They toiled for nearly 6 the subject on which I know he has Everyone, myself included, wanted to years to complete this report. They spent a good deal of time. Although he go to the ends of the Earth to hunt then shepherded it through the redac- has had perhaps more visibility in down the terrorists who attacked our tion process, all the while giving up terms of the Intelligence Committee, Nation and to make every effort to pre- their nights, weekends, vacations, and he has been a major contributor on the vent another attack. Although we all precious time with family and friends Armed Services Committee. I can’t say shared that goal, this report reveals in an effort to get to the truth of this we will miss him because I will not be how the CIA crossed a line and took secret program for the members of the here, but they will miss the Senator our country to a place where we vio- committee, the Senate, and now the from Colorado. lated our moral and legal obligations American people. The PRESIDING OFFICER (Ms. in the name of keeping us safe. As we They have been assisted by other HEITKAMP). The Senator from Colo- know now, this was a false choice. Tor- dedicated staff, including my designee rado. ture didn’t keep us safer after all. By on the committee, Jennifer Barrett. We Mr. UDALL of Colorado. Madam releasing the Intelligence Committee’s would not be where we are today with- President, before I start my remarks landmark report, we reaffirm we are a out them. I am grateful, beyond words, on the historic day which was yester- nation that does not hide from its past for their service and dedication. I want day—when it comes to the publication but must learn from it and that an them to know our country is grateful of our long-in-the-making report on honest examination of our short- too. the CIA’s torture program—I wish to comings is not a sign of weakness but Let me turn to the study itself. Much thank the chairman for his leadership, the strength of our great Republic. has been written about the significance his mentorship, and his friendship. I From the heavily redacted version of of the study. This is the study. It is a also am proud obviously to be a part of the executive summary first delivered summary of the CIA’s detention and in- the Armed Services Committee and to to the committee by the CIA in Au- terrogation program. I want to start by have chaired the Strategic Forces Sub- gust, we made significant progress in saying I believe the vast majority of committee. Again, I extend my thanks clearing away the thick, obfuscating CIA officers welcome oversight and be- to the good men and women in uni- fog these redactions represented. lieve in the checks and balances that form, as did my good friend from Okla- As Chairwoman FEINSTEIN has said, form the very core of our Constitution. homa. The NDAA bill is a crucial task our committee chipped away at over I believe many rank-and-file CIA offi- in front of us. I look forward to one of 400 areas of disagreement with the ad- cers have fought internally for and sup- my last votes as a Senator from the ministration on redactions down to ported the release of this report. Unfor- great State of Colorado, and I look for- just a few. tunately, again and again, these hard- ward to casting a vote in favor of the We didn’t make all the progress we working public servants have been Defense authorization bill. wanted to and the redaction process poorly served by the CIA’s leadership. Again, I wish to thank my two itself is filled with unwarranted and Too many CIA leaders and senior offi- friends who have mentored me and who completely unnecessary obstacles. Un- cials have fought to bury the truth have led our committee with great elan fortunately, at the end of the day, while using a redaction pen to further and intelligence. what began as a bipartisan effort on hide this dark chapter of the Agency’s SSCI STUDY OF THE CIA’S DETENTION AND the committee did not end as such, history.
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