July 22, 2004 CONGRESSIONAL RECORD — SENATE S8581 lasting democratic independence. Nev- I yield the floor. record straight about his view of the ertheless, we still have work to do. The PRESIDING OFFICER (Mr. TAL- President’s State of the Union speech. The Senate Select Committee on In- ENT). Who seeks recognition? In the name of fairness, I sure hope he telligence report on Iraq’s weapons of Mr. MCCONNELL. Mr. President, I will. mass destruction clearly identified rise to make remarks today on two im- Not to be outdone, the Senior Sen- what we have all known for some time, portant subjects with which we are ator from Massachusetts, Senator KEN- our intelligence has not performed in currently dealing in the Congress. NEDY, delivered an attack on the Bush as desirable a way as we would like and The PRESIDING OFFICER. The Sen- administration this January. Senator in some cases has raised some issues ator from Kentucky. KENNEDY repeated Wilson’s distortions, about some of the decisions we had to f and claimed: make in this Congress. SETTING THE RECORD STRAIGHT The gross abuse of intelligence was on full As a former member of the Senate In- display in the president’s State of the Union telligence Committee, I say to my col- Mr. MCCONNELL. Mr. President, address last January, when he spoke the now leagues that few employees in the Fed- ‘‘Did the Bush administration manipu- infamous 16 words. . . . And as we all know eral Government are as dedicated as late intelligence about Saddam Hus- now, that allegation was false. . . . President those who work for our intelligence sein’s weapons program to justify an Bush and his advisers should have presented agencies. They are hard-working indi- invasion of Iraq?’’ This is the central their case honestly. viduals who believe their work is crit- question posed by discredited Ambas- When will Senator KENNEDY acknowl- ical to our Nation’s national security, sador Joe Wilson in his July 6, 2003, op- edge that the President’s claim was and they provide us good information. ed published by the New York Times. ‘‘well founded?’’ The junior Senator As policymakers, we also have to rec- Wilson alleged the answer to the from Massachusetts has also accused ognize the information they give us is question was ‘‘yes’’, and a political the President of misleading the coun- not always absolute. A lot of time it is firestorm ensued. Indeed, the year-long try. An Associated Press report from a little bit of information here, a little furor over the infamous 16 words 2003 includes an exchange between Sen- bit of information there, and we have stemmed from Mr. Wilson’s disproved ator KERRY and a woman on the cam- to put it together and say this is a claims. paign trail. Here is how it went. likely event that is going to happen or Many of the President’s fiercest crit- When a woman asked whether U.S. intel- this is likely what is happening. It is ics have since argued the Bush admin- ligence on Iraq was doctored, Kerry replies not absolute in many regards, and we istration misled the country into war, that Americans were ‘‘clearly misled’’ on a truly incendiary charge. two specific pieces of intelligence. ‘‘I will not have to treat it that way. let him off the hook throughout this cam- I think that is the way the President Lord Butler’s comprehensive report paign with respect to America’s credibility treated it, and I think that is the way includes the real 16-word statement we ... the Congress has looked at much of the should focus on. Here is what he had to That is the junior Senator from Mas- information that we received right say: sachusetts. Let me quote another AP after 9/11 and how terrorism is affect- We conclude that the statement in Presi- report about Senator KERRY from last ing us. That is why it was so frus- dent Bush’s State of the Union address . . . summer: trating to learn our intelligence agen- is well founded. Kerry said Bush made his case for war cies did not connect many of the dots It is well founded. Yet the New York based on U.S. intelligence that now appear in regard to September 11 and again Times threw its hat into the ring early to be wrong—that Iraq sought nuclear mate- failed to provide reliable information and ran an editorial on July 12, 2003 rial from Africa. on Iraq’s weapons of mass destruction amplifying Wilson’s irresponsible claim Now that Joe Wilson’s claims have programs. and flaming the fires of this pseudo- been completely discredited, the junior We clearly have a considerable scandal. This is what they had to say: Senator from Massachusetts has a amount of work to do. As the Senate Now the American people need to know chance to set the record straight. But Intelligence Committee recommended, how the accusation got into the speech in will he? we need to improve the process by the first place, and whether it was put there I mentioned yesterday the distin- which analysts, collectors, and man- with an intent to deceive the nation. The guished Minority Leader had repeated White House has a lot of explaining to do. agers fuse intelligence and produce Joe Wilson’s discredited claims on the judgments for policymakers, but that Will the New York Times, which Senate Floor. Just last month, Senator is not new. We have been facing this printed 70 stories that repeated Joe DASCHLE said: problem for some time. I am glad we Wilson’s claims, now retract this edi- Sunlight, it’s been said, is the best dis- are taking it more seriously. We need torial? Will it acknowledge on the edi- infectant. But for too long, the administra- to greatly enhance almost every aspect torial page the truth about Joe Wilson? tion has been able to keep Congress and the of the intelligence community’s human Rather than displaying caution and American people in the dark . . . serious intelligence efforts. We need to address restraint, too many American politi- matters, such as the manipulation of intel- the tendency to build upon the judg- cians raced, like the New York Times, ligence about Iraq, have received only fitful ments of previous assessments without to echo this outrageous allegation. attention. including the uncertainties in those as- Early into the fray was the senior The bipartisan Senate Intelligence sessments. Senator from North Carolina. On July Report reached the following conclu- I will note the Senate Intelligence 22, 2003, Fox News played a clip from sions that directly refute the serious Committee’s report did conclude that one of Senator EDWARDS’ rallies in charges made by the President’s crit- the intelligence community’s judg- which he repeats Wilson’s attacks on ics: ments regarding Saddam Hussein’s the President’s honesty. Senator ED- Conclusion 83. The Committee did not find government’s link to terrorist organi- WARDS claims: any evidence that Administration officials zations were reasonable. Equally im- Nothing is more important than the credi- attempted to coerce, influence, or pressure portant was the Senate Intelligence bility of the president of the United States analysts to change their judgments related Committee’s conclusion that the exag- and the words that come out of his mouth at to Iraq’s weapons of mass destruction capa- geration of the intelligence on Iraq’s the State of the Union are, in fact, the re- bilities. sponsibility of the president. Conclusion 84. The Committee found no weapons of mass destruction capabili- evidence that the Vice President’s visits to ties was not the result of political pres- According to the correspondent at the CIA were attempts to pressure analysts, sure. the rally: were perceived as intended to pressure ana- As we prepare for the 9/11 Commis- Edwards blasted the president’s 16-word lysts by those who participated in the brief- sion’s report, I think it is appropriate State of the Union sentence on British intel- ings on Iraq’s WMD programs, or did pres- that we thank the people who served ligence information that Iraq sought nuclear sure analysts to change their assessments. on the Commission for their service to weapons material from Africa. Let us not allow honesty to become a this country. Their service will go a Now a candidate for the Vice Presi- casualty of the campaign season. long way to helping our Nation prevent dency, Senator EDWARDS will have My colleagues now have an oppor- future attacks. many media opportunities to set the tunity—and I am sure they will take

VerDate jul 14 2003 03:15 Jul 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.006 S22PT1 S8582 CONGRESSIONAL RECORD — SENATE July 22, 2004 it—to set the record straight about Ohio—nor their Senators—were any ‘‘a caseload that is excessive by any stand- their support of Mr. Wilson’s out- part of it. ard.’’ Judge Merritt also wrote that the rageous claims. In the name of fair- They are all suffering for it, though, court was ‘‘rapidly deteriorating, under- staffed and unable to properly carry out ness, will they? as are the 10 million people from their responsibilities’’; and f Michigan. Whereas, Decisions from the Sixth Circuit The Michigan legislature has in fact are slower in coming, based on less careful NOMINATIONS TO THE SIXTH passed a resolution calling on us, the deliberation, and, as a result, are less likely CIRCUIT COURT U.S. Senate, to confirm these nomi- to be just and predictable. The effects on our Mr. MCCONNELL. Mr. President, on nees. I ask consent that a copy of this people, our society, and our economy are far- another matter, we will be voting later reaching, including transaction costs. Liti- resolution from the Michigan State gation increases as people strive to continue this morning on the nominations of Senate be printed in the RECORD. doing business when the lines of swift justice Henry Saad, David McKeague, and There being no objection, the mate- and clear precedent are being blurred; and Richard Griffin to the Sixth Circuit rial was ordered to be printed in the Whereas, President Bush has done his part Court of Appeals. RECORD, as follows: to alleviate this judicial crisis. Over the past two years, he has nominated eight qualified As this chart shows, the Sixth Cir- SENATE RESOLUTION NO. 127 cuit covers Michigan, Ohio, Kentucky, people to the Sixth Circuit Court of Appeals, Whereas, The Senate of the United States with three of them designated to address ju- and Tennessee. is perpetuating a grave injustice and endan- For the last 2 years, the Sixth Cir- dicial emergencies. Four of these nominees gering the well-being of countless Ameri- continue to languish without hearings be- cuit has been trying to function with 25 cans, putting our system of justice in jeop- cause of the obstruction of the two Michigan percent of its seats empty. That va- ardy in Michigan and the states of the Sixth Senators; Now therefore, be it cancy rate is, as it has been, the high- Circuit of the federal court system; and Resolved by the Senate, That we memori- est vacancy rate in the Nation. Not Whereas, The Senate of the United States alize the United States Senate and Michi- surprisingly, the Judicial Conference is allowing the continued, intentional ob- gan’s United States Senators to act to con- has declared all four of these vacant struction of the judicial nominations of four tinue the confirmation hearings and to have fine Michigan jurists: Judges Henry W. Saad, a vote by the full Senate on the Michigan seats to be ‘‘judicial emergencies.’’ Susan B. Neilson, David W. McKeague, and nominees to the United States 6th Circuit For the last 3 years, I have taken to Richard A. Griffin, all nominated by the Court of Appeals; and be it further the floor to decry the crushing burden President of the United States to serve on Resolved, That copies of this resolution be under which the Sixth Circuit operates. the United States 6th Circuit Court of Ap- transmitted to Michigan’s United States The years change but one seemingly peals; and Senators and to the President of the United immutable fact remains: The Sixth Whereas, This obstruction is not only States Senate. Circuit remains the slowest circuit in harming the lives and careers of good, quali- Mr. MCCONNELL. Mr. President, the Nation by far. According to the Ad- fied judicial nominees, but it is also pro- that is 31 million people, who continue ministrative Office of the Courts, last longing a dire emergency in the administra- to suffer because our colleagues on the tion of justice. This emergency has brought other side refuse to confirm any of year the Sixth Circuit was a full 60-per- home to numerous Americans the truth of cent slower than the national average. the phrase ‘‘justice delayed is justice de- these four Michigan nominees to the According to the AOC, the national av- nied’’; and Sixth Circuit. erage for disposing of an appeal is 101⁄2 Whereas, Both of Michigan’s Senators con- Indeed, two of the seats we are talk- months, but in the Sixth Circuit it tinue to block the Judiciary Committee of ing about were not even involved in takes almost 17 months to decide an the United States Senate from holding hear- this dispute. President Clinton never appeal. That means in another circuit, ings regarding these nominees. This refusal nominated anyone to the seat to which if you file your appeal at the beginning to allow the United States Senate to com- Henry Saad was nominated. That va- plete its constitutional duty of advice and of the year, you get your decision cancy arose on January 1, 2000. consent is denying the nominees the oppor- And the seat to which David around Halloween. But in the Sixth tunity to address any honest objections to Circuit, if you file your appeal at the McKeague was nominated did not even their records or qualifications. It is also de- become vacant until the current Bush same time, you get your decision after nying other Senators the right to air the rel- administration on August 15, 2001. the following Memorial Day, over a evant issues and vote according to their con- So what the Senators from Michigan half a year later. If you can believe it, sciences. This is taking place during an emergency in the United States 6th Circuit seek to do is hold up one-fourth of an each year the disparity between the entire circuit because of a past intra- Sixth Circuit and its sister circuits Court of Appeals with the backlog of cases; and delegation dispute about two of these gets worse. Whereas, We join with the members of six seats, the genesis of which occurred In 2001 and 2002, the Sixth Circuit was Michigan’s congressional delegation who many years ago. the slowest circuit in the country, just wrote Chairman Orrin Hatch on February 26, As to disputes on judicial nominees, like last year. In those years, the aver- 2003, to express their concern that ‘‘if the the Senators from Michigan do not age time for decision was 15.3 and 16 President’s nominations are permitted to be have a monopoly on disappointment. months, respectively, but last year the held hostage, for reasons not personal to any nominee, then these judicial seats tradition- There are several Republican nominees delay jumped up to almost 17 months. who were nominated by George H.W. So clearly my constituents and the ally held by judges representing the citizens of Michigan may be filled with nominees Bush, who waited a year or more for a other residents of the circuit are suf- from other states within the Sixth Circuit. hearing, and who never got one. I note fering more and more as the years go This would be an injustice to the many citi- Sixth Circuit nominee John by. zens who support these judges and who have Smietanka, D.C. Circuit nominee John What is the reason for this sorry given much to their professions and govern- Roberts and Fourth Circuit nominee state of affairs? An intra-delegation ment in Michigan’’; and Terry Boyle, just to name a few. dispute from years ago when nearly a Whereas, We are concerned about the Sixth The remedy for disappointment is quarter of the current Senate wasn’t Circuit as a whole, a circuit court under- not to take out your frustration on the even here. Nor, I might add, was the staffed, with 4 of its 16 seats vacant, knowing that the Sixth Circuit ranks next to last out populace of an entire circuit. Nor is it current President around for that dis- of the 12 circuit courts in the time it takes to demand that a President cede his pute either. He, too, has nothing to do to complete its cases. Since 1996, each active constitutional power to another with it. judge has had to increase his or her number branch. It is to do what this President This dispute drags on year after year. of decisions by 46%—more than three times has done: re-nominate the person when As I understand it, although only two the national average. In the recent past, the your party is in the Oval Office. seats were involved in this dispute, six Sixth Circuit has taken as long as, 15.3 Let us be clear. We are not talking nominees, including four circuit nomi- months to reach a final disposition of an ap- about any particular problems with the nees, continue to be bottled up. peal. With the national average at only 10.9 nominees, including Judge Saad, who Frankly, I don’t know whose fault it months, this means the Sixth Circuit takes over 40% longer than the national average to would be the first Arab-American on was it has been so long. But I do know process a case; and any Federal circuit court and who has that neither the 4 million people in Whereas, The last time the Sixth Circuit been endorsed by both the Chamber of Kentucky, nor the 6 million people in was this understaffed, former Chief Judge Commerce and the United Auto Work- Tennessee, nor the 11 million people in Gilbert S. Merritt said that it was handling ers. That is a pretty tall order.

VerDate jul 14 2003 00:32 Jul 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.011 S22PT1