November 10, 1999 CONGRESSIONAL RECORD — SENATE S14473 1999 (S. 324), in Subtitle B, Chapter 2, of ment Act of 1999 is a step in the right charged, is now ‘‘conveniently a miss- the Republican drug amendment, direction. ing man.’’ Mr. Matthews, it should be marks a milestone in the treatment of Mr. LOTT. Mr. President, I ask unan- emphasized, is Senator Moseley- opiate dependence. The Drug Addiction imous consent that the remaining Braun’s former fiance´, and it is ludi- Treatment Act increases access to new votes be limited to 10 minutes in crous to suggest that she is somehow medications, such as buprenorphine, to length each. responsible for his whereabouts or ac- treat addiction to certain narcotic The PRESIDING OFFICER (Mr. tions. drugs, such as heroin. I thank my col- VOINOVICH). Without objection, it is so Third, the chairman suggested that leagues Senator LEVIN, Senator HATCH, ordered. the request of the Internal Revenue and Senator BIDEN for their leadership f Service for a grand jury to investigate and dedication in developing this Act, the Senator was blocked by political EXECUTIVE SESSION and regardless of the outcome of the appointees in the Justice Department, Bankruptcy Reform Act, one way or ‘‘no doubt on instructions from the another, I look forward to seeing the NOMINATION OF CAROL MOSELEY- White House’’ and that it was somehow Drug Addiction Treatment Act of 1999 BRAUN TO BE AMBASSADOR EX- odd that the request was blocked. become law. TRAORDINARY AND PLENI- Here are the facts: in 1995 and 1996, Determining how to deal with the POTENTIARY OF THE UNITED the Chicago field office of the Internal problem of addiction is not a new topic. STATES OF AMERICA TO NEW Revenue Service sought authorization Just over a decade ago when we passed ZEALAND AND SAMOA to empanel a grand jury to investigate the Anti-Drug Abuse Act of 1988, I was allegations that Senator Moseley- assigned by our then-Leader ROBERT The PRESIDING OFFICER. The Braun committed criminal violations BYRD, with Sam Nunn, to co-chair a clerk will report the nomination. of the tax code by converting campaign working group to develop a proposal The legislative clerk read the nomi- funds to personal use (which, if true, for drug control legislation. We worked nation of Carol Moseley-Braun, of Illi- would be reportable personal income). together with a similar Republican nois, to be Ambassador Extraordinary The IRS request was based almost ex- task force. We agreed, at least for a and Plenipotentiary of the United clusively on media accounts and some while, to divide funding under our bill States of America to New Zealand and FEC documents. When the first request between demand reduction activities Samoa. was made in 1995, the Department of (60 percent) and supply reduction ac- Mr. BIDEN. Mr. President, I am Justice urged the IRS to do more in- tivities (40 percent). And we created pleased that today the Senate is voting vestigative work to corroborate the in- the Director of National Drug Control on the nomination of our friend and formation that was alleged in the Policy (section 1002); next, ‘‘There shall former colleague Carol Moseley-Braun media accounts. Justice invited the be in the Office of National Drug Con- to be U.S. Ambassador to New Zealand, IRS to resubmit the request. trol Policy a Deputy Director for De- as well as Ambassador to Samoa. The IRS resubmitted the request in mand Reduction and a Deputy Director I am confident that Senator Moseley- early 1996; but it had not added any sig- for Supply Reduction.’’ Braun will be an excellent ambassador. nificant information to the request. In We put demand first. To think that She has all the requisite skills—polit- other words, it did not provide the cor- you can ever end the problem by inter- ical savvy, personal charm, and street roborative information that the Jus- dicting the supply of drugs, well, it’s smarts—to represent the United States tice Department had requested. an illusion. There’s no possibility. in the finest tradition of American di- The decision to deny the request for I have been intimately involved with plomacy. authorization of the grand jury was trying to eradicate the supply of drugs I would like to make a few comments made in the Tax Division, after con- into this country. It fell upon me, as a about the remarks made yesterday by sultation with senior officials in the member of the Nixon Cabinet, to nego- the chairman of the Foreign Relations Public Integrity Section. tiate shutting down the heroin traffic Committee, the senior senator from Although it is not that common for that went from central Turkey to Mar- North Carolina. grand jury requests to be refused, the seilles to New York—‘‘the French Con- During yesterday’s session, the chair- Department of Justice is hardly a rub- nection’’—but we knew the minute man spoke on the floor about this nom- ber stamp—for the IRS or anyone other that happened, another route would ination. While he essentially conceded agency. It is guided by the standard of spring up. That was a given. The suc- that Senator Moseley-Braun will be the United States Attorneys’ Manual, cess was short-lived. What we needed confirmed by the Senate, he proceeded which requires that there be was demand reduction, a focus on the to make several arguments which I be- ‘‘articulable facts supporting a reason- user. And we still do. lieve deserve a response. able belief that a tax crime is being or Demand reduction requires science First, the chairman stated that there has been committed.’’ (U.S. Attorneys’ and it requires doctors. I see the had been a ‘‘successful coverup’’ of se- Manual, 6–4.211B). The committee staff science continues to develop, and The rious ethical wrongdoing. I believe was permitted to review, but not re- Drug Addiction Treatment Act of 1999 such a loaded accusation should be sup- tain, the internal memos in the Tax Di- will allow doctors and patients to ported by facts, yet the chairman of- vision rejecting the IRS request. From make use of it. fered not a shred of evidence that any- the trial attorney up to the Assistant Congress and the public continue to one has covered up anything. Attorney General for the Tax Divi- fixate on supply interdiction and On the contrary, during the consider- sion—four levels of review—all agreed harsher sentences (without treatment) ation of the nomination, the Com- that there was not a sufficient predi- as the ‘‘solution’’ to our drug problems, mittee on Foreign Relations was pro- cate of information that justified open- and adamantly refuse to acknowledge vided with several thousand pages of ing a grand jury investigation. In what various experts now know and are documents requested by the Chairman, short, there were not the ‘‘articulable telling us: that addiction is a chronic, documents which were produced in a facts’’ necessary for empaneling the relapsing disease; that is, the brain un- very short period of time. Included in grand jury. dergoes molecular, cellular, and phys- these materials were several internal There is no evidence—none—that this iological changes which may not be re- memoranda from the Department of decision was influenced by political versible. Justice and the Internal Revenue Serv- considerations or outside forces. What we are talking about is not ice; Committee staff members were Last year, when the story became simply a law enforcement problem, to even permitted to read the decision public that Senator Moseley-Braun had cut the supply; it is a public health memos related to the IRS request to been investigated by the IRS—and that problem, and we need to treat it as empanel a grand jury. the requests for a grand jury had been such. We need to stop filling our jails Second, the chairman suggested that denied—the Office of Professional Re- under the misguided notion that such Senator Moseley-Braun has ‘‘been hid- sponsibility at the Department of Jus- actions will stop the problem of drug ing behind Mr. Kgosie Matthews,’’ her tice opened its own inquiry. They in- addiction. The Drug Addiction Treat- former fiance´, who, the chairman vestigated not Sen. Moseley-Braun, but

VerDate 29-OCT-99 06:08 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.074 pfrm12 PsN: S10PT1 S14474 CONGRESSIONAL RECORD — SENATE November 10, 1999 the handling of the case within the De- of New Zealand and Samoa. The people sponses to questions posed by the For- partment of Justice. Their inquiry con- of Illinois are intimately familiar with eign Relations Committee, the nomi- cluded that there was no improper po- Senator Moseley-Braun’s public career, nee stated that ‘‘I was unaware that I litical influence on the process. So, far as am I. Based on my extensive knowl- was the subject of any criminal inves- from the ‘‘Clinton White House block- edge of her record, I cannot in good tigation by the Internal Revenue Serv- ing the grand jury,’’ all the proper pro- conscience support her nomination. ice prior to the July, 1998 WBBM re- cedures were followed, and there is no While her tenure involved a significant port.’’ evidence of White House intervention number of controversies, many of The WBBM–TV report, to which Sen- in the case. Equally important, the Of- which are troubling, her secret visits ator Moseley-Braun referred, disclosed fice of Professional Responsibility re- to, and relations with, the late General that the IRS twice sought to convene a view concluded that the decision on the Sani Abacha and his regime are them- grand jury to explore allegations con- merits was appropriate. selves a disqualifier for any kind of po- cerning the personal use of campaign Next, the chairman suggested that sition that involves representing the funds as well as allegations relating to the decision to reject the grand jury re- United States in a foreign land. They ‘‘possible bank fraud, bribery and other quest was somehow tainted because the demonstrate a lack of judgment and federal crimes.’’ The committee record senior official at the Justice Depart- discretion that should be required of established that the Department of ment who made the decision, Loretta any ambassadorial nominee. Justice rejected the requests for grand Argrett, ‘‘was a Moseley-Braun sup- According to her written responses juries, citing a lack of sufficient evi- porter, who had made a modest con- provided to the Senate Foreign Rela- dence, thus halting the ability of the tribution’’ to Senator Moseley-Braun’s tions Committee on November 6, 1999, IRS to proceed with the very subpoena campaign, ‘‘who had a picture of Ms. the Senator traveled to Nigeria in De- power necessary to acquire sufficient Moseley-Braun on her office wall’’ and cember, 1992; July, 1995; and August, evidence. The circularity of this proc- that the Senator had ‘‘even presided 1996. According to the same documents, ess—the IRS requests for grand juries over Ms. Argrett’s confirmation in Senator Moseley-Braun met with Sani and Department of Justice refusals—as 1993.’’ Abacha during all three trips. Abacha well as the inability of these concerns Here are the facts: Ms. Argrett, the was one of the world’s most brutal and to be probed to conclusion, leaves a Assistant Attorney General for the Tax corrupt dictators, an international pa- host of unanswered questions. These Division, was the senior official at Jus- riah, widely reviled. After taking questions should have been resolved tice who approved the decision not to power in 1993, he jailed Nigeria’s elect- prior to a vote on the confirmation. authorize the grand jury request. It is ed president, reportedly imprisoned as Senator Moseley-Braun refers to an true that Ms. Argrett gave money to many as 7,000 political opponents, FEC audit report that she believes re- the Senator’s campaign: the grand sum hanged environmentalist Ken Saro- buts the IRS concerns. First, assuming of $25. It is also true that the Senator Wiwa and eight other activists and al- for the sake of argument that the FEC chaired Ms. Argrett’s hearing, a hear- legedly stole more than $1 billion in oil audit refutes the personal use of cam- ing at which several other nominees revenues while presiding over the na- paign funds, it nevertheless clearly also testified. I chaired the Judiciary tion’s economic collapse. does not refute the other allegations Committee at that time. I routinely During her appearance before the reportedly raised by the IRS such as asked other members of the Committee East Asian and Pacific Affairs sub- ‘‘possible bank fraud, bribery and other to chair nomination hearings, just as committee of the Senate Foreign Rela- federal crimes’’ reportedly going back Senator THOMAS chaired last week’s tions Committee, Senator Moseley- to her tenure as Cook County Recorder hearing on Senator Moseley-Braun. Fi- Braun likened her meetings with Gen- of Deeds. nally, it is also true that Ms. Argrett eral Abacha to meetings between other had a photograph of her and the Sen- Senators and Members of Congress Second, it is unclear to what extent ator hanging in her office—a photo with leaders of countries accused of the FEC investigated the personal use taken at that confirmation hearing. violating human rights. This analogy of campaign funds. There are countless All of these facts were disclosed to is inappropriate; her visits were of a ways a diversion of campaign funds for the Deputy Attorney General at the chilling and distinctly different nature. personal use could occur. Discussion in time, Jamie Gorelick, for a determina- Senator Moseley-Braun’s visits with the confirmation hearing centered tion as to whether Ms. Argrett should Abacha were secret encounters, con- around just campaign credit cards. Sec- be involved in the case. On June 2, 1995, demned by the U.S. State Department, tion I. D. of the FEC audit report does Assistant Attorney General Argrett hidden not just from the government not mention the diversion of campaign disclosed these facts to the Deputy At- but even from her own staff. Moreover, funds as being within the scope of the torney General and concluded that, her former fiance, Mr. Kgosie Mat- audit, but instead lists, in specific de- based on the minimal contact she had thews, was at one time a registered tail, eight other areas of inquiry. On with the Senator, she believed she agent for the Nigerian government. Mr. the other hand, the last page of the could act impartially in this case. Dep- Matthews accompanied her to Nigeria, audit report indicates that the FEC au- uty Attorney General Gorelick —one of although it is not clear how many dited the activity of the campaign the most capable public officials I have times he did so. In response to written credit cards. FEC working papers pro- known in my years in the Senate—ap- questions, Senator Moseley-Braun stat- vided to the Senate further indicate proved Ms. Argrett’s continued partici- ed that she was ‘‘unaware of that the FEC found that the cards were pation in the case. whether ... Mr. Matthews ‘directly or used to pay $6,258.14 of Mr. Matthews’ Mr. President, I will not delay the indirectly received any money or any- personal expenses, but that, after de- Senate any further. The Committee did thing of monetary value’ from the Ni- ducting sums which the campaign ar- its job and gathered the available evi- gerian government.’’ To secretly visit a gued it owed him, these personal ex- dence. There is no evidence in the corrupt despot like Abacha, remaining penses totaled only $311.28. It is un- record that disqualifies Senator unaware of whether a fiance, a one- clear whether the FEC probed the pos- Moseley-Braun. time agent of the regime, is profiting sible diversion of campaign funds by She will be an excellent ambassador, in any way from Abacha or the Nige- other, less blunt, more oblique means, just as she was an excellent senator. rian government, demonstrates a pro- such as by cash purchases or by cash- We are lucky that she still wants to found lack of judgment. ier’s checks purchased with cash, or by continue in public service. I urge my The confirmation hearing briefly other mechanisms. To the best of our colleagues to vote to confirm Senator touched upon areas of concern other knowledge, major allegations of diver- Carol Moseley-Braun. than Senator Moseley-Braun’s rela- sion, such as those discussed in the Mr. FITZGERALD. Mr. President, I tions with Abacha. During her tenure, Dateline NBC report, did not arise submit this statement in opposition to the Internal Revenue Service requested until after the FEC audit was com- the nomination of former Senator a grand jury investigation of Senator pleted. Carol Moseley-Bruan as Ambassador of Moseley-Braun, suggesting a number of Third, the FEC itself pointedly said the United States to the governments areas of inquiry. In her written re- that no inferences should be drawn

VerDate 29-OCT-99 06:08 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.096 pfrm12 PsN: S10PT1 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14475 from its failure to resolve its examina- the Illinois Legislature and as the Re- Bennett Frist McConnell Biden Gorton Mikulski tion of Senator Moseley-Braun’s cam- corder of Deeds for Cook County, Illi- Bingaman Graham Moynihan paign fund. According to a Chicago nois. From 1973 to 1977 she also served Bond Gramm Murkowski Tribune article dated April 8, 1997, FEC as Assistant District Attorney in the Boxer Grams Murray spokeswoman Sharon Snyder men- Northern District of Illinois. Breaux Grassley Nickles Brownback Gregg Reed tioned ‘‘a lack of manpower, a lack of In 1992, Carol Moseley-Braun made Bryan Hagel Reid time’’ and cited the impending expira- history by becoming the first African Bunning Harkin Robb tion of the statute of limitations. She American female elected to the United Burns Hatch Roberts Byrd Hollings Rockefeller went on to say: ‘‘There’s no statement States Senate. As a United States Sen- Campbell Hutchinson Roth here: no exoneration, no Good House- ator, she dedicated herself to issues Chafee, L. Hutchison Santorum keeping seal of approval, just no ac- that would make a difference in the Cleland Inhofe Sarbanes tion.’’ lives of ordinary Americans: increased Cochran Inouye Schumer Collins Jeffords Sessions Thus, with respect to the FEC inves- funding for education, HMO reform and Conrad Johnson Shelby tigation, as with the IRS requests for family and medical leave. Coverdell Kennedy Smith (NH) grand juries, many questions remain Following her service in the Senate, Craig Kerrey Smith (OR) unresolved. However, the visits with Crapo Kerry Snowe Senator Moseley-Braun continued to Daschle Kohl Specter General Sani Abacha are undisputed stay involved in the issues that mean DeWine Landrieu Stevens and, in their context, they are so un- most to her and become a consultant Dodd Lautenberg Thomas usual and bizarre as to alone disqualify to the United States Department of Domenici Leahy Thompson Dorgan Levin Thurmond her as an ambassador. Education. Durbin Lieberman Torricelli Mr. President, I recognize the Senate On October 8, 1999, President Clinton Edwards Lincoln Voinovich must fulfill its constitutional obliga- presented her with a new challenge and Enzi Lott Warner tion. This body has given Senator Feingold Lugar Wellstone nominated her to be United States Am- Feinstein Mack Wyden Carol Moseley-Braun a select responsi- bassador to New Zealand. I am sure her bility. While I cannot in good con- tenure as Ambassador will only add to NAYS—2 science support her nomination, I wish this long and distinguished career. Fitzgerald Helms her well in her new post. The overwhelming and bi-bipartisan NOT VOTING—2 Mr. KENNEDY. Mr. President, I vote in favor of her nomination by the Kyl McCain strongly support our distinguished Senate Foreign Relations Committee Tne nomination was confirmed. former colleague, Senator Carol should answer any critic that questions Mr. DURBIN. I move to reconsider Moseley-Braun, and I urge the Senate her qualifications to be the next am- the vote. to confirm her as Ambassador to New bassador to New Zealand. Mr. SANTORUM. I move to lay that Zealand. Senator Carol Moseley-Braun New Zealand is an important ally and served the people of Illinois with great motion on the table. a vital part of our relations in the The motion to lay on the table was distinction during her six years in the Asia-Pacific region. We need an ambas- Senate. She fought hard for the citi- agreed to. sador who will be able to handle all as- The PRESIDING OFFICER. The zens of Illinois and for working men pects of United States-New Zealand re- and women everywhere, and it was a President will be notified of the action lations and best represent our inter- taken by the Senate. privilege to serve with her. In her years ests. Carol Moseley-Braun is the right in the Senate, she was a leader on person for that job. f many important issues that affect mil- Mr. President, I was proud to serve lions of Americans, especially in the with Senator Moseley-Braun, I am NOMINATION OF LINDA JOAN MOR- areas of education and civil rights. She proud to call her a friend and I am GAN, OF MARYLAND, TO BE A worked skillfully and effectively to proud to support her nomination to be MEMBER OF THE SURFACE bring people together with her unique Ambassador to New Zealand. TRANSPORTATION BOARD energetic and inspiring commitment to The PRESIDING OFFICER. The America’s best ideals. The PRESIDING OFFICER. The question is, Will the Senate advise and clerk will report the next nomination. Senator Moseley-Braun has been consent to the nomination of Carol breaking down barriers all her life. She The legislative clerk read the nomi- Moseley-Braun, of Illinois, to be Am- nation of Linda Joan Morgan, of Mary- became the first African-American bassador Extraordinary and Pleni- woman to serve in this body. Her lead- land, to be a Member of the Surface potentiary of the United States of Transportation Board for a term expir- ership was especially impressive in ad- America to New Zealand and Samoa? vancing the rights of women and mi- ing December 31, 2003. Mr. LOTT. Mr. President, I ask for norities in our society. As a respected Mr. HOLLINGS. Mr. President, I rise the yeas and nays. former Senator, she will bring great in support of the nomination of Linda The PRESIDING OFFICER. Is there a stature and visibility to the position of J. Morgan. Today we are considering sufficient second? Ambassador to New Zealand. That na- the nomination of Linda Morgan to be There is a sufficient second. tion is an important ally of the United reappointed as the chairman of the The yeas and nays were ordered. States, and it is gratifying that we will Surface Transportation Board. I am The PRESIDING OFFICER. The be sending an Ambassador with her ex- proud to say that I have known Chair- clerk will call the roll. perience and the President’s con- man Morgan for many years. Although fidence. The legislative clerk called the roll. we may not always agree, I have a Mrs. FEINSTEIN. Mr. President, I Mr. NICKLES. I announce that the great deal of respect for her and know rise today to express my strong support Senator from Arizona (Mr. MCCAIN), that two qualities she possesses in for the nomination of my friend and and the Senator from Arizona (Mr. abundance are fairness and integrity. former colleague, Carol Moseley- KYL) are necessarily absent. Those qualities, coupled with her com- Braun, to be Ambassador to New Zea- I further announce that, if present mitment to public service, make her an land. and voting, the Senator from Arizona outstanding chairman. I had the pleasure of serving with (Mr. KYL) would vote ‘‘yea.’’ Before I discuss Chairman Morgan’s Senator Moseley-Braun for six years The PRESIDING OFFICER. Are there abilities and accomplishments, I would and I know her to be a dedicated, car- any other Senators in the Chamber de- like to comment briefly on the agree- ing, intelligent, and hard-working pub- siring to vote? ment reached between railroad man- lic servant. I am confident she will The result was announced—yeas 96, agement and labor this week on the carry these qualities to her new post in nays 2, as follows: cram down issue. As many of you New Zealand. [Rollcall Vote No. 361 Ex.] know, the carriers and their employees Prior to her service in the United YEAS—96 have been working on the terms of an States Senate, Senator Moseley-Braun Abraham Allard Baucus agreement which would create new distinguished herself as a member of Akaka Ashcroft Bayh rules pertaining to the abrogation of

VerDate 29-OCT-99 05:20 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.032 pfrm13 PsN: S10PT1