E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, MONDAY, MAY 9, 2011 No. 62 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, May 10, 2011, at 12 noon. Senate MONDAY, MAY 9, 2011

The Senate met at 2 p.m. and was Connecticut, to perform the duties of the ator John Ensign of Nevada. The cer- called to order by the Honorable RICH- Chair. tificate, the Chair is advised, is in the ARD BLUMENTHAL, a Senator from the DANIEL K. INOUYE, form suggested by the Senate. State of Connecticut. President pro tempore. If there be no objection, the reading Mr. BLUMENTHAL thereupon as- of the certificate will be waived and it PRAYER sumed the chair as Acting President will be printed in full in the RECORD. The Chaplain, Dr. Barry C. Black, of- pro tempore. There being no objection, the mate- fered the following prayer: f rial was ordered to be printed in the Let us pray. RECOGNITION OF THE MAJORITY RECORD, as follows: Merciful God, take possession of our LEADER STATE OF NEVADA hearts so that we will do Your will. Use The ACTING PRESIDENT pro tem- Executive Department us for Your glory as beacons of light pore. The majority leader is recog- CERTIFICATE OF APPOINTMENT and inspiration in our Nation and nized. world. We desire for Your name to re- To the President of the Senate of the United ceive the honor it is due. So show us f States: This is to certify that, pursuant to the Your ways and teach us Your path. SCHEDULE power vested in me by the Constitution of Lord, be gracious to the Members of Mr. REID. Mr. President, following the United States and the laws of the State this body, showering them liberally the ceremony that will take place very of Nevada, I, Brian Sandoval, the governor of with Your wisdom. Let Your love fill shortly, and following any leader re- said State, do hereby appoint Dean Heller a and rule their lives, preparing them for marks, the Senate will be in morning Senator from said State to represent said that bliss You will give to those who business until 4:30 p.m. At that time State in the Senate of the United States love You. until the vacancy therein caused by the res- there will be 1 hour of debate on the ignation of John Ensign, is filled by election We pray in Your great name. Amen. nomination of James Cole to be Deputy as provided by law. f Attorney General. At approximately Witness: His excellency our governor Brian 5:30, there will be a cloture vote on the Sandoval, and our seal hereto affixed at Car- PLEDGE OF ALLEGIANCE Cole nomination. son City, Nevada, this third day of May, in The Honorable RICHARD BLUMENTHAL Last week, we were able to enter into the year of our Lord 2011. led the Pledge of Allegiance as follows: a consent agreement on the nomina- By the governor: I pledge allegiance to the Flag of the tion of Edward Chen. We expect to vote BRIAN SANDOVAL, United States of America and to the Repub- on this nomination sometime this Governor. lic for which it stands, one nation under God, week. ROSS MILLER, indivisible, with liberty and justice for all. I note the absence of a quorum. Secretary of State. [State Seal Affixed] f The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING pore. The clerk will call the roll. f PRESIDENT PRO TEMPORE The legislative clerk proceeded to ADMINISTRATION OF OATH OF The PRESIDING OFFICER. The call the roll. OFFICE clerk will please read a communication Mr. REID. Mr. President, I ask unan- to the Senate from the President pro imous consent that the order for the The VICE PRESIDENT. If the Sen- tempore (Mr. INOUYE). quorum call be rescinded. ator-designate will now present himself The legislative clerk read the fol- The ACTING PRESIDENT pro tem- at the desk, the Chair will administer lowing letter: pore. Without objection, it is so or- the oath of office. U.S. SENATE, dered. The Senator-designate, DEAN HEL- PRESIDENT PRO TEMPORE, f LER, escorted by Mr. REID, advanced to Washington, DC, May 9, 2011. CERTIFICATE OF APPOINTMENT the desk of the Vice President; the To the Senate: The VICE PRESIDENT. The Chair oath prescribed by law was adminis- Under the provisions of rule I, paragraph 3, tered to him by the Vice President; and of the Standing Rules of the Senate, I hereby lays before the Senate the certificate appoint the Honorable RICHARD of appointment to fill the vacancy cre- he subscribed to the oath in the Offi- BLUMENTHAL, a Senator from the State of ated by the resignation of former Sen- cial Oath Book.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2756 CONGRESSIONAL RECORD — SENATE May 9, 2011 The VICE PRESIDENT. Congratula- that affect the safety of our great Na- natural gas more expensive for U.S. tions. tion. For instance, Jim Cole is one of consumers and likely increase foreign Mr. HELLER. Thank you very much. the only people at the Department of dependence.’’ It sounds like a brilliant (Applause, Senators rising.) Justice who can sign the critical war- strategy to me. Mr. UDALL of New Mexico. I suggest rants that permit our intelligence offi- Beyond raising taxes, Democrats in- the absence of a quorum. cials to conduct surveillance on sus- sist there is nothing they can do about The ACTING PRESIDENT pro tem- pected terrorists. gas prices, but I think most Americans pore. The clerk will call the roll. In the last week, our country has feel differently. I think most Ameri- The legislative clerk proceeded to been reminded of the incredibly impor- cans believe it is time to stop talking call the roll. tant role our intelligence community about what we cannot do and start Mr. REID. Mr. President, I ask unan- plays. It is unthinkable that partisan- talking about what we can do. If the imous consent that the order for the ship and legislative ploys are keeping a President and Democrats in Congress quorum call be rescinded. public servant as well qualified as Jim are truly serious about lowering gas The ACTING PRESIDENT pro tem- Cole out of this important national se- prices and making us less dependent on pore. Without objection, it is so or- curity role. I hope the Senate will con- foreign sources of oil, here are a few dered. firm him quickly this evening. suggestions. f f First, if ever there was a moment to develop our resources here at home, it MEASURE PLACED ON THE RECOGNITION OF THE MINORITY is now. For decades, Democrats have CALENDAR—H.R. 3 LEADER resisted efforts to tap our American re- Mr. REID. Mr. President, I am told The ACTING PRESIDENT pro tem- sources. Then when gas prices go up, that H.R. 3 is at the desk and due for a pore. The Republican leader is recog- they tell us how many years it would second reading. nized. take to get the product to market. It is time to take this excuse off the table The ACTING PRESIDENT pro tem- f pore. The clerk will read the bill by by breaking the cycle. title for the second time. WELCOMING SENATOR HELLER Second, Democrats need to allow en- The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, ergy companies to cut through the bu- A bill (H.R. 3) to prohibit taxpayer funded first, we just swore in our new col- reaucratic redtape that prevents com- abortions and to provide for conscience pro- league, DEAN HELLER. The majority panies that are authorized to explore tections, and for other purposes. leader is giving a reception for him this here from getting to work and putting Mr. REID. Mr. President, I would now afternoon. We hope many Members will thousands of Americans back to work. object to any further proceedings at take the opportunity to go by and wel- Third, they need to stop penalizing this time. come him to the Senate. America’s producers with new fees and threats of tax hikes, which only drive The ACTING PRESIDENT pro tem- f pore. Objection having been heard, the energy companies overseas and help bill will be placed on the calendar GAS PRICES our foreign competitors and create jobs under rule XIV. in places such as Venezuela. And they Mr. MCCONNELL. Mr. President, I need to call an end to the anti-energy f am going to devote my leader time this crusade of the EPA. afternoon to an issue which may not be SCHEDULE In short, Democrats need to throw on the Democrats’ legislative agenda away the old playbook—throw that one Mr. REID. Mr. President, every time this week but which is certainly on the away—and face this crisis with a new we have a peaceful transfer of power at minds of most Americans every day. I kind of creativity, independence, and any level of our government, it speaks am referring, of course, to the high common sense that the American peo- to the strength of our democracy. cost of gasoline. All across the coun- ple are demanding. Today is no different. try, people are suffering from the Democrats need to stop deflecting at- Today, Nevada welcomes our newly runup in gas prices we have seen over tention from their own complicity in appointed Senator, DEAN HELLER— the past few months. It is squeezing our Nation’s overdependence on foreign until a few minutes ago, Congressman family budgets, tightening margins at oil. They need to stop paying lipservice HELLER—to this side of the Capitol. Ne- already struggling small businesses, to the need for American exploration vada is still reeling, more than most, and it poses a mortal threat to any while quietly supporting efforts to sup- from the Wall Street recession that economic rebound. press it. They need to end an approach crashed our housing and jobs markets. This is a critical issue. Americans that has not changed, frankly, since I look forward to working with our new are looking for answers. Yet all they the days of Jim Carter. Just like junior Senator to make the tough are getting from the President and the Carter before them, today’s Democrats choices that will help our State and Democratic leaders in Congress are are using the crisis of the moment as our citizens recover. gimmicks and deflection. We have seen an excuse to push their own vision of The Senate will soon confront one of this before. Every time gas prices go the future with a ‘‘windfall profits tax’’ those tough choices. We will continue up, Democrats claim there is nothing on energy companies. And just like our conversation about how to save they can do about it. Then they pro- Carter before them, they have rightly taxpayer money and lower our Nation’s pose something completely counter- been accused of bringing a BB gun to deficit and debt. We have to recognize productive just to quiet their critics. the war. that we cannot do either so long as we This time, it is a tax increase. That is This is a serious crisis. It is time for keep giving away money to oil compa- the Democratic response to high gas serious solutions—solutions that cre- nies that clearly do not need taxpayer prices—a tax hike. ate jobs instead of moving them over- handouts. As gas prices and oil com- Well, the first thing to say about this seas, solutions that decrease our de- pany profits keep rising, each Senator proposal is that it will not do a thing pendence on foreign sources of oil rath- will soon have the opportunity to stand to lower gas prices—not a thing. In er than increase it, solutions that offer with the millionaires or with the mid- fact, raising taxes on American energy relief rather than mere rhetoric. dle class. production will increase the price of Mr. President, I yield the floor. Also, today the Senate will vote on gas. Oh, and it would also make us whether to advance the nomination of even more dependent on foreign f the Attorney General’s top deputy, Jim sources of oil. Now, that is not my Cole. The Deputy Attorney General view. That is the view of the inde- runs the day-to-day operations at the pendent Congressional Research Serv- RESERVATION OF LEADER TIME Department of Justice. He also super- ice, which concluded in March that the The ACTING PRESIDENT pro tem- vises the National Security Division Democrats’ proposed tax increase on pore. Under the previous order, the and makes critical decisions each day energy production would ‘‘make oil and leadership time is reserved.

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2757 MORNING BUSINESS wealthy to bear all of the burdens of talking here about half of all that in- The ACTING PRESIDENT pro tem- government. come reported being taxed at a higher pore. Under the previous order, the But the question remains, are Amer- rate, if, in fact, the President and some ican wealthy taxpayers undertaxed? I Senate will be in a period of morning of his colleagues have their way. That think a useful measure to look at here business for debate only until 4:30 p.m., will reduce the amount of investment is a comparison with other countries, with Senators permitted to speak and growth in the economy and there- for example. The OECD countries— by make it harder for us to pay off this therein for up to 10 minutes each. which stands for Organisation for Eco- large debt. The Senator from Arizona. nomic Co-operation and Development— The advocates of a gigantic tax in- f are generally regarded as the most ad- crease are really very shortsighted, WELCOMING SENATOR HELLER vanced economies in the world, and the therefore, in assuming that if they United States is one of those countries. raise tax rates, they are going to get Mr. KYL. Mr. President, I note that A study that is based on 2008 statis- more revenues. That is what they tried Vice President BIDEN was just here in tics found that the highest earning 10 to do in Japan during the late 1990s. It the Chamber for the swearing-in of our percent of the U.S. population paid the did not work out. Japan went back into newest Senator, DEAN HELLER from Ne- largest share among 24 countries exam- a deep recession, and it is not going to vada. I add my congratulations to now- ined, even after adjusting for their rel- be possible for them to generate exist- Senator HELLER joining this body. atively higher incomes, and it con- ing revenue with their higher tax rates. f cluded: The way you get robust growth is not with higher tax rates but with lower REDUCING THE DEBT ‘‘Taxation is most progressively distrib- uted in the United States,’’ the OECD con- tax rates. A rapidly expanding econ- Mr. KYL. Vice President BIDEN has cluded. omy does create new jobs and income been kind enough to host discussions— The bottom line here is that for a for investment and wealth-creating en- starting last week and going into this country to be competitive, the people terprises, and obviously some of that week and perhaps beyond—with Mem- who provide the capital for job cre- wealth flows back to the government bers of the Senate and the House of ation, for economic growth, have to and can be used to reduce the debt. But the policy tools we decide upon Representatives to try to find a way to have some capital remaining after they in these negotiations will have a lot to reduce the huge debt that hangs over have earned it in order to invest that say about how we are able to reduce the United States, as a prelude, I am capital, return it to their businesses, sure he would put it, to the Congress the debt and whether part of that will hire more people, be more productive, be a result of economic growth in the acting on the President’s request that create more wealth, and thereby pro- Congress increase the debt ceiling. future. Obviously, the point here is not vide for the families of the people who just to have economic growth so the There have been generally two ways own the businesses and, by earning Federal Government can earn more in suggested on how to deal with our debt. more income, increase the amount the income tax revenue but to promote Many Democrats believe the wealthy Federal Government and the State gov- American prosperity and a better fu- in the United States do not pay enough ernment take in as revenues. ture for our families. taxes, and therefore one way to reduce Republicans are very happy to con- So the question is, Will we impose the debt is for taxes to be increased, es- cede it would be helpful if the govern- tax hikes that discourage investment pecially on the wealthy. Most Repub- ment has more revenues in order to and punish job creation or will we licans believe that is a bad idea, that help close this debt gap we have. The make the tax system more efficient since debt is our problem and we got question is how we get more revenues. and conducive to growth? into debt because we have been spend- We believe more revenues are a func- I wish to cite a couple of studies to ing too much, the better way for us to tion of a growing economy. Here too show why it is most important for us deal with the problem is to begin re- some statistics that just came out over to focus on reducing spending rather ducing our spending and to make sure the weekend, I believe it was, dem- than raising tax rates, because spend- over the years we are able to do that. onstrated that we can actually delay ing cuts, not tax hikes, are the best There are a couple of interesting the increase in the debt ceiling by way to close the massive budget gap things that have just come out in the some period of time because revenues and help to produce economic growth news recently that I think bear on this to the Federal Treasury have been a in our country. argument. little higher than previously expected. One study was performed by two Har- A lot of folks wonder about the debt Why? Because the economy grew more vard economists, Alberto Alesina and burden in the United States, and I than expected, and as people made Silvia Ardagna. By studying large- think it is useful to point out the fact more money, they therefore paid more scale fiscal adjustments by wealthy de- that last week the Wall Street Journal in withholding and in Federal income veloped countries from 1990 to 2007, reported that the Joint Committee on taxes. That is the way for the govern- they determined that ‘‘spending cuts Taxation found that ‘‘the percentage of ment to get more revenue—for the are much more effective than tax in- U.S. households paying no federal in- economy to do better, for Americans to creases in stabilizing the debt and come tax . . . reached 51% for [the do better. avoiding economic downturns.’’ More- year] 2009.’’ I think that is the first So if you tax more the people who over, they found ‘‘several episodes in time in the history of America that are the ones likely to do the investing which spending cuts adopted to reduce over half of Americans didn’t pay Fed- into businesses, will you get more in- deficits have been associated with eco- eral income taxes. I do not think that vestment? Will you get more Federal nomic expansions rather than reces- is a good thing. While certainly people revenue? Well, you will get a little bit sions.’’ in the lower income brackets are not more to begin with, but in the long Two economists at Goldman Sachs, able to pay very much in the way of run, you will get less. One of the rea- Ben Broadbent and Kevin Daly, under- taxes, I think even a very small sons it is not a good idea to tax more took a similar study and reviewed amount, an affordable amount, would the very people whom we are referring every major fiscal correction in be appropriate so everybody has what to in this study is because half of all wealthy nations since 1975. They found: they call skin in the game, so every- the small business income reported is Decisive budgetary adjustments that have body understands the relationship be- reported as part of the highest income focused on reducing government expendi- tween the burdens and the benefits of tax bracket for individuals. In other tures have (i) been successful in correcting fiscal imbalances; (ii) typically boosted government. I would not impose a sig- words, small businesses do not pay as growth; and (iii) resulted in significant bond nificant tax on the lower half or cer- corporations, they pay as individuals, and equity market outperformance. Tax- tainly not the lower 10 percent, but I and when a small businessman has to driven fiscal adjustments, by contrast, typi- think it is important for all Americans report his earnings, he reports all of cally fail to correct fiscal imbalances and to know we all have a stake in this, the income from his enterprise. A lot of are damaging for growth. and that more than half of the people that is business expense, but that is So reducing spending was the way cannot just expect the so-called how he has to report it. So you are not only to reduce the debt of the

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2758 CONGRESSIONAL RECORD — SENATE May 9, 2011 country, but it also boosted growth; the future of American prosperity and pro- proach because a return of the Taliban re- whereas, tax-driven adjustments had moting the economic expansion we need. gime to Afghanistan would allow al Qaeda to exactly the opposite effect and failed Will we impose tax hikes that discourage in- re-establish safe havens there, whether draw- to correct fiscal imbalances and were vestment and punish job creation? Or will we ing on the historical friendliness between the make the tax system more efficient and con- two or the inability of the Taliban to pre- damaging for growth. ducive to growth? vent their return to the country. Further- A final study—and I think this is in- As these and other questions are debated, more, the protracted, virulent insurgency teresting because it focuses on what we policymakers should consult the evidence creates opportunities for al Qaeda-linked think are big-spending countries. It is from other industrialized countries, which Pakistani proxies such as the Haqqani net- by the same two economists, overwhelmingly suggests that spending cuts, work to invigorate international terrorist Broadbent and Daly. They pointed spe- not tax hikes, are the best way to close mas- groups and use them in the fight in Afghani- cifically to Ireland, Sweden, and Can- sive budget gaps and help produce economic stan. President Obama has been pursuing the right strategy, and the forces the United ada. They pointed out cases driven by growth. Indeed, after studying large-scale fiscal adjustments by wealthy, developed States and its international partners have cuts in public spending. Sweden, in par- countries between 1970 and 2007, Harvard committed to executing it are—just barely— ticular, which is famous for being a economists Alberto Alesina and Silvia adequate to achieve it. generous welfare state, was able to Ardagna determined that ‘‘spending cuts are The outcome of the war in Afghanistan trim the size of government substan- much more effective than tax increases in hangs in the balance. American forces and tially—all of which suggests to me that stabilizing the debt and avoiding economic their allies made dramatic gains last year, if Stockholm can do it, Washington downturns.’’ Moreover, they found ‘‘several clearing the Taliban out of safe havens throughout southern Afghanistan, their ought to be able to do it today. episodes in which spending cuts adopted to reduce deficits have been associated with heartland. Eastern Afghanistan, where al Reducing the short-term deficit and Qaeda-linked groups have a stronger pres- stabilizing the long-term debt are criti- economic expansions rather than reces- sions.’’ ence, has also seen considerable progress. cally important to American pros- Goldman Sachs economists Ben Broadbent Contrary to some media reporting, neither al perity and living standards, and if you and Kevin Daly recently undertook a similar Qaeda nor Lashkar-e-Taiba has established do it by reducing spending rather than study that reviewed every major fiscal cor- safe havens in the wake of the withdrawal of increasing tax rates, you can also have rection in wealthy nations since 1975. They U.S. forces from isolated river valleys in the additional benefit of increasing found that ‘‘decisive budgetary adjustments Kunar Province. In fact, a series of offensive that have focused on reducing government operations in the valleys and the province prosperity not just for businesses and has inflicted great harm on elements of families but for the U.S. Government, expenditures have (i) been successful in cor- recting fiscal imbalances; (ii) typically those organizations. Kunar’s capital, which would then make more in terms boosted growth; and (iii) resulted in signifi- Asadabad, is a growing and increasingly of income tax revenues. cant bond and equity market thriving town, as we saw on a recent visit. The bottom line here is when we outperformance. Tax-driven fiscal adjust- And Afghan Army troops have remained in work to forge this bipartisan com- ments, by contrast, typically fail to correct some of the outposts from which U.S. forces promise that everybody is looking to fiscal imbalances and are damaging for withdrew, demonstrating their determina- us to reach, we should bear these basics growth.’’ tion to control their own territory. Although al Qaeda has not reestablished principles in mind: Cutting spending, Broadbent and Daly pointed to successful fiscal adjustments in Ireland (1987–89), Swe- sanctuaries in Afghanistan, it has not been not raising taxes, is the answer. for lack of trying. U.S. forces only recently I ask unanimous consent to have two den (1994–98), and Canada (1994–97). In each case, the adjustment was driven primarily by killed a senior Afghan al Qaeda official in documents printed in the RECORD. The cuts in public spending. Sweden in particular Kunar, and there is ample evidence that al first one was published in the National is famous for the generosity of its welfare Qaeda and Lashkar-e-Taiba, among other Review Online, dated May 9, called state. Yet, when faced with a crisis, Swedish Islamist groups, would welcome the oppor- ‘‘The Future of American Prosperity,’’ officials were able to trim the size of govern- tunity to set themselves up in a lawless Af- which I authored. The second is a pub- ment substantially. If Stockholm could do it ghanistan once again. The need to help Af- back in the mid-1990s, Washington can do it ghans establish a state that can prevent the lication which was in weekly- reemergence of terrorist sanctuaries remains standard.com on May 16, by Frederick today. Reducing the short-term deficit and stabi- after bin Laden’s death, and the current Kagan and Kimberly Kagan. lizing the long-term debt are critically im- strategy, adequately resourced, is the only There being no objection, the mate- portant to American prosperity and living way to achieve that goal. Calling for accel- rial was ordered to be printed in the standards. But studies show that if fiscal erating the withdrawal is tantamount to de- RECORD, as follows: consolidation relies heavily on tax increases, claring that Afghanistan has become irrele- [From the National Review Online, May 9, it will stifle economic growth and prove vant with bin Laden’s death and that suc- 2011] counterproductive. ceeding there is no longer important for America’s security. THE FUTURE OF AMERICAN PROSPERITY This is the lesson we must apply as we try Consequently, there is a great deal of (By Senator Jon Kyl) to forge a genuine bipartisan compromise to deal with our debt crisis. fighting ahead. Continued military engage- SPENDING CUTS, NOT TAX INCREASES, ARE THE ments are needed to make precarious im- SOLUTION TO OUR DEBT CRISIS [From WeeklyStandard.com, May 16, 2011] provements enduring and handle other chal- lenges. The enemy will work hard this year Members of both parties agree that Wash- BIN LADEN IS DEAD ... ington’s present fiscal course is dangerously to retake its lost sanctuaries in the south, to BUT AL QAEDA ISN’T—WE SHOULD BUILD ON OUR unsustainable. We’re now borrowing 40 cents conduct spectacular attacks in Kabul and SUCCESS IN ABBOTTABAD BY REDOUBLING OUR for every dollar we spend. This profligacy elsewhere, and to strengthen its remaining EFFORTS TO DEFEAT HIS MOVEMENT continues to weaken the dollar, threatening safe havens in the east. Our forces will try to its status as the global reserve currency and (By Frederick W. Kagan and Kimberly hold and expand security gains in the south fostering anxiety in the bond markets. Last Kagan) and make progress in the east, but condi- month, Standard & Poor’s delivered a sober- Osama bin Laden’s killing was a great mo- tions are not set for any major reductions in ing wake-up call when it revised its outlook ment for America and for decent people those forces. on the U.S. long-term credit rating from around the world. But allowing the euphoria If there is cause for cautious optimism in ‘‘stable’’ to ‘‘negative.’’ of that moment to drive us to irresponsible Afghanistan, there are ample grounds for No question, our accounts must be brought decisions in South Asia would be devastating pessimism on the other fronts in the struggle into balance—but not at the expense of eco- to America’s interests and security. Al with militant Islamism. Bin Laden’s pres- nomic growth. Those who advocate gigantic Qaeda has not yet been dismantled or de- ence in Pakistan has once again con- tax increases are short-sighted. Amid a slug- feated. centrated the minds of Americans on the gish recovery, abrupt tax hikes could drive Osama bin Laden’s death has no implica- fact that Pakistan’s leadership has yet to the economy back into recession. (That’s tions for the number of American or inter- come to consensus about the need to combat what happened in Japan during the late national forces in Afghanistan, for their mis- and defeat militant Islamist groups within 1990s.) Moreover, it will be impossible to gen- sion, or for the timeline for their reduction. Pakistan’s borders. Nor has the United erate sufficient revenue without robust George W. Bush sent forces into Afghanistan States developed any real strategy for ad- growth. A rapidly expanding economy cre- not to kill bin Laden, but to oust al Qaeda dressing this challenge. We can hardly ex- ates new jobs and income for investment in from its safe haven there, defeat that organi- pand the campaign of targeted strikes fur- wealth-creating enterprises. Some of that zation, and create political conditions that ther, particularly after the recent raid deep wealth flows back to the government and would preclude its return to Afghanistan. into Pakistani territory. And the drone cam- can be used to reduce the debt. Barack Obama reaffirmed that mission in his paign will not defeat the virulent terrorist The policy tools we use to restore fiscal December 2009 speech setting out the current groups it is attacking. Overreacting to sus- stability will go a long way toward shaping strategy. He chose a counter-insurgency ap- picions of Pakistani complicity in bin

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2759 Laden’s presence in Abbottabad by sus- parts of the capital. Shabab is unlikely to one of the best statements I have seen pending all aid or military ties or by taking suffer at all from bin Laden’s death, but it recently, by Frederick and Kimberly other drastic actions would make it much may see a chance—or feel the need—to ex- Kagan, where they write about the re- harder, not easier, to operate against the pand the reach of its strikes in sympathetic sult of the death of bin Laden, not of- terrorists who threaten us. retaliation. On the contrary, withdrawing forces from Al Qaeda in Iraq, fortunately, remains rel- fering an excuse to end the war in Af- Afghanistan and cutting all aid to Pakistan atively ineffective, despite efforts to revive ghanistan or our other efforts against would merely reinforce two of the most prev- itself as American forces withdraw. But the terrorists but, rather, that success will alent conspiracy theories in South Asia— continued presence even of American mili- come to us when we understand the na- that the United States will always abandon tary trainers in Iraq after the end of this ture of the threat and maintain our ef- those who rely on it, and that we were only year remains in doubt, and it is not clear forts to root it out wherever it may be, that the Iraqi military on its own will be there to get bin Laden anyway. We should, whether that be in Afghanistan, Iraq, instead, build on the symbolic victory of able to maintain the necessary degree of killing bin Laden by following through with pressure on that al Qaeda franchise. If the Pakistan, Yemen, Somalia, or wher- the president’s strategy to dismantle and de- complete withdrawal of American forces now ever. I think it is an excellent piece. I feat the militant Islamist groups supported underway leads to the explosion of ethnic commend it to my colleagues as sug- as proxies by some in the Pakistani security conflict between Iraqi Arabs and Kurds, as gesting the way forward as we continue apparatus. Only by defeating those proxies some analysts fear, Al Qaeda in Iraq could to fight the radical Islamists who can we reasonably hope to compel Pakistan find fertile ground to reestablish itself, would continue to visit ill on the to reevaluate its security interests and de- undoing the progress we have made since 2006. United States and other western pow- velop a policy to oppose and suppress all mil- ers. itant Islamists operating within its borders. A protracted stalemate in Libya could also But al Qaeda has not confined itself to its set conditions for al Qaeda groups to pose The ACTING PRESIDENT pro tem- sanctuaries in Pakistan and Afghanistan. Al again as the only reliable allies of eastern pore. The Senator from Florida is rec- Qaeda thrives in political weakness and has fighters feeling abandoned by the United ognized. States and the West. Although the current been in the process of expanding around the f globe. The core al Qaeda group of which bin Libyan resistance leadership is not pene- Laden was the head (often referred to as Al trated by al Qaeda or supportive of that or- FLORIDA VOTING Qaeda Central) has long had at best only a ganization or its ideology, eastern Libya is Mr. NELSON of Florida. Mr. Presi- the area that has produced the most al tenuous control over the operations of its dent, I want to call to the attention of dispersed franchises. That control rested Qaeda fighters in that country and that has the conditions most conducive to the injec- the Senate the fact that a number of partly on resources Al Qaeda Central di- State legislatures, including our State rected, partly on the value of its recognition tion of al Qaeda’s ideas and leaders. More remote scenarios could see the rise of of a particular group as worthy of the al legislature in Florida, have been enact- al Qaeda franchises or fellow travelers in Qaeda brand, but largely on the symbolic im- ing election law bills that severely con- Egypt, elsewhere in North Africa, the Le- strict the right of the people to express portance of the charismatic bin Laden. Bin vant, or Equatorial Africa, but there is no Laden’s likely successor, Egyptian doctor need to belabor the point. The struggle with their vote. Ayman al-Zawahiri, is far less charismatic. al Qaeda, to say nothing of the larger strug- This has just occurred in the State of His accession to the leadership role could gle against militant Islamism generally, is Florida, with the legislature adjourn- prompt a competition between Al Qaeda Cen- far from over. Clear and present dangers are, ing in the early morning hours of Sat- tral and its franchises over which group real- in fact, emerging. It can be tempting to urday, enacting a bill that has been ly is at the center of the movement. Such argue that these threats merely show the sent to the Governor that would make competitions, unfortunately, unfold in the wisdom of withdrawing from Afghanistan, form of spectacular attacks, particularly it harder for the people of Florida to which is not now a center of al Qaeda activ- vote, harder for them to have their those conducted on the territory of Western ity, to focus on more pressing problems else- states. where. We must resist that temptation. Our vote counted, and harder for the people Al Qaeda in the Arabian Peninsula struggle against Al Qaeda in the Arabian Pe- to be able to register to vote. (AQAP), in Yemen, is the most active and ninsula will not be helped by our giving its Common sense would tell you what perhaps the most dangerous al Qaeda fran- affiliates and allies free rein in Afghanistan we ought to be doing is exactly the op- chise in the world. The Arab Spring has and returning Taliban leader Mullah Omar, posite—that we ought to be making reached Yemen with a vengeance—massive whom all al Qaeda affiliates recognize as things easier to vote, and especially in protests have led to the defection of ele- ‘‘the leader of the faithful,’’ to a position of a State such as ours, which went ments of the Yemeni military, with the re- power. sult that armed forces are concentrating for Success in Afghanistan and Iraq remains through that awful experience in No- potential civil war in and around the capital vital. American withdrawal from either com- vember of 2000, when there was so and elsewhere in the country. Attempts to mitment will be taken throughout the much chaos, not only in the voting in broker a negotiated departure for Yemen’s Islamist community as a sign of weakness the Presidential election but then in hated president, Ali Abdullah Saleh, have and indecision. But success in those two the- the counting of the votes. Of course, we broken down. It is far from clear that any aters is not enough. This moment in the war all know how that ended up—Bush v. such agreement would keep the peace there with militant Islamism is the time to take Gore in the U.S. Supreme Court, which for very long in any case. Already Saleh has stock of our global strategy and to develop stopped the recount that was pro- brought back to his capital some of the elite, coherent approaches to the dangers already visible on the horizon. No one wants to in- ceeding. U.S.-trained Special Forces units supposedly Because of that experience, to the dedicated to the fight against AQAP. As the vade Yemen, Somalia, Libya, or any other work of Katherine Zimmerman at AEI’s Crit- country. But the strategies we have been re- credit of the State legislature, they ical Threats Project has shown, almost any lying on in Libya and Yemen are failing, and started to make voting easier. For ex- likely scenario going forward will give AQAP we have never had a strategy for Somalia. ample, instead of just voting on elec- more freedom to train, plan, stage, and con- The United States must seek every possible tion day, they had a 2-week period for duct attacks from increasingly lawless tribal way of averting the dangers of stalemate, early voting—something that other areas in which it has considerable local sup- state collapse, and the triumph of al Qaeda States have been doing for some period port. The combination of Yemen’s slide to- groups, preferably without deploying more of of time, so that people could go to des- ward state failure and bin Laden’s death our own forces. It may be that, in the end, America simply ignated polling places prior to election could create a tremendous opportunity for day. It certainly made it a lot easier on AQAP. His death may also lead to an in- cannot be secure if terrorist groups with crease in AQAP’s efforts to conduct spectac- international ambitions have uncontested the supervisors of elections, the very ular attacks against the United States and control over sanctuaries and resources. But people who are charged with the re- the West. the U.S. government has never yet focused sponsibility of registering voters and Another al Qaeda affiliate already has con- its attention fully on these challenges, let counting votes, because it spread the trol over large portions of a state: Al Shabab alone focused resources on them. It is past amount of people coming in to vote time to do so. Those sincerely concerned is the de facto government of much of south- over time, so that all of them weren’t ern Somalia outside of Mogadishu. It has not with America’s security should be demand- ing that kind of commitment and should re- there just within a 12-hour period on been formally recognized as an al Qaeda election day. This has turned out to be franchise, but its ties with AQAP are long ject utterly the notion that bin Laden’s and deep, and its ideology closely mirrors al death will allow us to declare ‘‘mission ac- so popular in Florida that half of the Qaeda’s. Shabab is kept from controlling all complished’’ and withdraw from the Middle voters in the last two elections voted of southern and central Somalia only by the East, and the world. prior to election day. presence of peacekeepers from Uganda and Mr. KYL. Mr. President, since my Well, can you believe that the State Burundi, who have been barely able to hold time is about expired, I will say this is legislature has seen fit to cut the 14-

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2760 CONGRESSIONAL RECORD — SENATE May 9, 2011 day early vote period back to 8, under done. But they did more. For four dec- ple to vote. If the Governor does sign the guise, well, we are going to make ades, Florida has had a law, in a highly the bill or lets it go into law without the amount of hours the same by giv- mobile society, if you have moved and his signature, then our only other ing the supervisors of elections discre- you go on election day to cast your mechanism at this point, since there tion so that they could increase the vote, and your registration address is are 5 counties in Florida’s 67 counties voting days on early votes from 8 to 12 different than the address that you that are under a watch list under the hours? But that is a ruse, because that show, for example, where you reg- civil rights legislation of the Voting means the election supervisors are istered to vote years ago—maybe even Rights Act of 1965—it is my intention going to have to pay time and a half, a year ago—but in the meantime you to encourage the Department of Jus- and those election supervisors are have moved and your documentation— tice, the Civil Rights Division, to ex- under the same kind of fiscal con- say, your driver’s license—shows your amine this legislation with regard to straints that all of the other levels of new address, for four decades the law of the Voting Rights Act. Preparatory to government are right now and, as a re- Florida has said that a voter can that, I had sent a letter to Thomas sult, what is going to happen is the change their address in the polling Perez, the Assistant Attorney General voting hours are not going to be ex- place to update that record, showing of the Civil Rights Division of the De- tended, and the State legislature has proper identification of who they are partment of Justice, alerting him to just constricted the number of voting and that their signature matches. this fact. days from 14 down to 8—and, by the Not so now. The legislature of Flor- I have quoted in that letter several way, they didn’t let it run right up to ida has just changed the law that if supervisors of election, both Democrats the day before the election; they your address or your name changes— and Republicans, who have said that backed it off several days before the what happens if you got married in the cutting the early voting period from 14 election, which would be the last day of last year and now your name doesn’t days to 8 will shrink poll access by 50 early voting. match your registration name, but you percent and disenfranchise a signifi- Why, when we want to make it easier still want to vote? What has the legis- cant number of voters. That is what to vote? Well, doesn’t the legislature— lature of Florida done? They are going the supervisors of election, the elected and I hope the Governor, who has this to require that you not cast a ballot. officials in each of the counties, were bill coming to him—understand that it You are going to have to cast a provi- telling me. is a tremendous convenience to senior sional ballot, and you are going to have I wish to quote a Republican super- citizens to make it easier for them, in- to have your authenticity certified visor of election, Deborah Clark, in stead of having to stand in a long line after the fact. Pinellas County, which is the county of on election day, that over a 2-week pe- The experience with provisional bal- St. Petersburg and Clearwater, FL. riod they can go and vote in a des- lots in the last Presidential election in This is what she said: ignated place? Florida, in 2008, was that of the over Not allowing address or name change Is there some reason they are trying 35,000 ballots cast, 17,000—half of changes on election day will create an undue to make it harder for senior citizens to them—were not counted. burden on eligible voters. vote? Well, it could be a lot of politics Who are the people who have been op- She continues: erating and have benefited by that law in this, but the fact is they are making It will also result in long lines at the polls it harder to vote, when in fact it ought in Florida for four decades? They have and discourage many voters from voting. to be the opposite. been people who have gotten married It is self-evident, and this is an as- I wish I could report to the Senate and their name has changed. They have sault upon our democracy that should that that was the only thing they have been people in the mobile society in not be tolerated. But it happened and done, but it is not. They made it harder which we live who have moved and it happened in the last week of the leg- to register to vote. As a matter of fact, bought a new house or moved into a islative session. I hope—I hope—there well-respected organizations, such as new apartment. In other words, all of will be such an outcry that this legisla- the League of Women Voters, for years us—we and our neighbors. and years have taken it as their re- Who else especially might have been tive policy gets reversed. sponsibility to go out and try to reg- the reason for the legislature of Flor- I yield the floor. ister people to vote. The League of ida to change this four decades-old The ACTING PRESIDENT pro tem- Women Voters is a nonpartisan organi- law? The last Presidential election, pore. The Senator from Nebraska. zation, which has as its sole goal to try college students in Florida voted in f to promote activities that promote our record numbers because college stu- HONORING OUR ARMED FORCES democracy. Here is what they did. dents in Florida in the town of their They said if you go out and register college went down where they had SPECIALIST JOSEPH CEMPER people to vote, and under current law, their registration. Yet their identifica- Mr. JOHANNS. Mr. President, I rise there is a period of something like 11⁄2 tion showed their address as their par- today to remember a fallen hero, U.S. weeks to 2 weeks that you can turn in ents’ home, not the registration ad- Army SPC Joseph Cemper. Specialist the names you have registered—no, no. dress they had registered in their col- Cemper was based in eastern Afghani- This time, what the legislature has lege town. stan, in the area east of Kabul bor- done is said if you don’t turn those new That is not making it easier to vote. dering Pakistan. This area is one of the registration forms in within 48 hours, That is not encouraging college stu- areas where the fighting in the Afghan you are going to be subject to a fine dents to vote. That is doing exactly the war has been the most intense. and possibly a criminal penalty. And opposite. That is suppressing the vote. Specialist Cemper was serving with the President of the League of Women What I am reporting to the Senate the 101st Special Troops Battalion of Voters of Florida, Diedre McNabb, has has been widely commented on in Flor- the 101st Airborne Division, one of the said, in effect, what that means is that ida in almost every editorial page in Army’s most elite units. He and four they will not put that onus on their the State of Florida, with the bottom- fellow American soldiers were killed in members of a fine and a criminal pen- line conclusion of what I have just a suicide attack that ultimately took alty and, in effect, they will stop reg- said: It is trying to suppress the vote 10 lives. istering people ahead of time. by making it harder to vote, harder to Specialist Cemper had a long desire What the election laws ought to do is register to vote, and harder to have to serve his country, and was rightfully exactly the opposite. We ought to have one’s vote counted as it was intended. proud of his commitment to defend and laws that encourage the registration of I have written the Governor, and I to protect. voters and try to get more people to have asked the Governor to consider He is mourned by his parents, three participate. But that is not what the all these things. It is widely com- sisters, two brothers, a fiancee, and an Florida legislature has done. It has mented in the Florida press that the infant son Liam. I know his family is done exactly the opposite. Governor will sign the bill, thus con- proud of him, and will always remem- I wish I could report to the Senate stricting, restricting—whatever word ber his spirit, enthusiasm, competitive- that was the only thing they have you want to use—the right of the peo- ness, and can-do attitude. They are the

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2761 type of American family that con- Southeast. The worst outbreak pre- on the ground, they tell me how im- stitute the pillars of our Armed Forces, viously reported occurred in April of pressed they are with the volunteers and are the reason our Nation remains 1974, and that was with 148 tornadoes. who are arriving from all over the safe from its enemies. The Birmingham-Tuscaloosa F4 tor- country, bringing food and water and Joseph’s father, SFC Eugene Cemper, nado had a path with a maximum helping people who are already work- has made service to the Army his life’s width of 1.5 miles and a length, from ing. They are bringing chainsaws to work. As an Army recruiter, Sergeant the Tuscaloosa to Birmingham area, of help clear roads and highways and Cemper had the unique experience of 80 miles. It stayed on the ground al- driveways to people’s homes. That has personally recruiting his son into the most continuously—very unusual. It been real encouraging, and it makes Army. went through a number of populated me very proud to represent a group of As a father and a leader, Sergeant areas, and that tornado alone resulted people who have the integrity and the Cemper inspired both Specialist in 65 deaths. Alabama’s current death work ethic and the determination to Cemper and his younger brother, PFC toll is nearing 250, with thousands in- overcome tragedy. It has been encour- Noah Cemper, to wear the uniform of jured. Frankly, after seeing the dam- aging to me. an American soldier with pride. age to the affected areas, I am amazed Having walked through the dev- The Cemper family laid their son to we did not lose more lives. As I talked astated neighborhoods less than 24 rest in Papillion, NE, on April 29, 2011. to mayors and others on the ground, hours after the tornado, I can tell you Specialist Cemper returned to his they said the same thing. people were stunned at the damages, at birthplace with valor and honor having I talked to Mayor Gunnin in the complete loss of homes and belong- been awarded both the Purple Heart Hackleburg today. I believe he was the ings. Many of the people believed themselves lucky to be alive. Their en- and the Bronze Star Medals. one who told me there were about 18 tire roof was gone, most of the walls I know I speak for all Nebraskans, killed, and he was pleased it was that were gone, and yet somehow they came and all Americans, when I say that de- low. They were hammered with an F5, out with minor injuries or less severe spite our sorrow, we are deeply honored the highest, strongest tornado, which injuries. Others, of course, did not sur- to have him. basically destroyed his whole town. All vive, and others received severe inju- I cannot imagine the pain the his businesses, including the distribu- ries. It is always amazing to me in a tion center for a jeans manufacturing Cemper family is suffering today. The tornado situation how a house can be company, have been destroyed. It is loss unexpectedly of a son in combat is just obliterated, and persons can come one of the most extreme trials a parent very difficult for them to pay for any- out of it with not too severe an injury, or loved one could face. I know, at this thing. Their businesses that pay a sales and for that they were expressing great point, my words cannot ease their hurt. tax that goes to the city have been appreciation. I think it is a reflection So I will end this tribute by saying damaged, and he has made the point— of the faith these individuals have in a what Specialist Cemper held close to and it is a good example—that he, in higher being who, I think, gives them his heart, so close that his family has this little town of Hackleburg, had the courage to go on. inscribed it in a scrapbook which will emergency funds, but they have been One of the things that is perfectly one day be seen by his son. It reads: on massive overtime for the week since clear is that housing in some areas will When I stand before God at the end of my the event and other costs are arising be a critical matter. Many houses are life, I hope that I would not have a single bit and it is very difficult for him. totally destroyed—nothing but a con- of talent left, and I could say that I used ev- I want to thank President Obama for crete slab left. Of course, many mobile erything you gave me. the quick response he made to the homes or manufactured homes were I hope he rests knowing that he died tragedy. The people of Alabama appre- completely lost. They are not on a the bravest and most honorable death ciated the fact that he, and later Cabi- slab, so those homes have been rolled an American could. May God bless the net members, actually visited some of over and completely demolished or dis- Cemper family, their father and son the devastated areas. We appreciate appeared basically. So we are going to still serving in the Armed Forces, and the quick action in declaring Alabama need to work in a way that FEMA has all our fighting men and women in and other areas major disaster areas. done before to provide emergency hous- harm’s way. That does help in a lot of different ing. I yield the floor. I suggest the ab- ways. In the larger areas where there is sence of a quorum. I also had the opportunity to be with more housing around—there is vacant The ACTING PRESIDENT pro tem- him in Tuscaloosa when he came there. housing in some of our areas—they pore. The clerk will call the roll. Mrs. Obama, of course, did a beautiful ought to be moved promptly into that The legislative clerk proceeded to job also of talking to the people who vacant housing that currently exists. call the roll. have lost so much and comforting In some areas there is just not housing Mr. SESSIONS. Mr. President, I ask them. Secretary Napolitano came on for individuals to move into. I was told unanimous consent that the order for Sunday to the Pratt City area in Bir- today by two mayors that they have the quorum call be rescinded. mingham, along with several other people still in recreational areas— The ACTING PRESIDENT pro tem- Cabinet members. I think they also got gyms and that kind of thing—using pore. Without objection, it is so or- a real appreciation for the severity of those as a place for shelter. We are dered. the damage and reassured Alabamians definitely not where we need to be. Mr. SESSIONS. Mr. President, I ask that help would be on the way in an ap- Yet some FEMA trailers are being unanimous consent that I be allowed to propriate fashion. moved into areas of the State. That speak for up to 15 minutes. It is certain that it will take, for a may have to be done. I wish we could The ACTING PRESIDENT pro tem- number of our communities, an inte- avoid that step, but in many areas it pore. Without objection, it is so or- grated, coordinated State, local, and cannot be avoided—avoided in the dered. Federal response to get these commu- sense that, to me, the best way to han- f nities back on track. That is why we dle a situation where a person’s home have a Federal Emergency Manage- is gone is to help that person move as SOUTHEASTERN TORNADOES ment Agency. That is why we have quickly as possible into what could be Mr. SESSIONS. Mr. President, I want monies in the budget for these kinds of a permanent residence—either through to discuss today the tragedy that has things, although this one is a particu- rental or purchase. The longer that occurred in Alabama and other States larly damaging event, I have to say. person is in a temporary residence the across the Southeast as a result of the As the ranking member on the Budg- more likely they are also often receiv- tornadoes that hit our region in a 24- et Committee, I am aware we have to ing Federal assistance. As long as they hour period between 8 a.m. in the be careful about how we spend money. are in this temporary limbo cir- morning on April 27 and 8 a.m. in the We certainly don’t have any money— cumstance, their life is less stable, and morning on April 28. The National not a dime—to waste. the Federal Government is spending Weather Service estimates there were I have to tell you, every time I have more money, money that could be uti- a total of 312 tornadoes across the been there or I have talked to people lized better if we can avoid spending it

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2762 CONGRESSIONAL RECORD — SENATE May 9, 2011 for temporary housing so it could be Mr. SESSIONS. Mr. President, I ask So when we get this much of a tilt in used to facilitate permanent housing. unanimous consent that the order for the leadership of the Department, it That would be a more effective policy, the quorum call be rescinded. gives me great concern that the great but it is not easy. In some instances, it The ACTING PRESIDENT pro tem- Department I love and respect is get- cannot be done. pore. Without objection, it is so or- ting off base. So I think it is important Initial reports indicate that Ala- dered. to note that right now one of the top bama’s losses may rival or surpass its Mr. SESSIONS. Mr. President, I ask priorities at the Department of Justice $1 billion loss in Hurricane Katrina. unanimous consent that I be able to must be the recent warnings we re- That is a factor we do not normally ex- speak as in morning business for up to ceived that the terrorist groups ‘‘al- pect from tornadoes. We will wrestle 15 minutes. most certainly’’ will try to avenge the with those costs as we go forward. But The ACTING PRESIDENT pro tem- death of Osama bin Laden, and the con- dollar losses are nothing compared to pore. Without objection, it is so or- tinuing economic crisis that faces our the severe loss of life. We have a dered. country. record-setting loss of life. f So I believe the President should be nominating proven prosecutors—pros- Going through the Rosedale Court COLE NOMINATION area of Tuscaloosa, AL, seeing first re- ecutors of terrorists, frankly—for top sponders and volunteers frantically Mr. SESSIONS. Mr. President, I want positions in the law enforcement agen- trying to help—in particular, they were to speak in opposition to the nomina- cy, the U.S. Department of Justice. I searching for a missing young girl. tion of James Cole to be Deputy Attor- do not think we need any more ter- They kept on and there were a large ney General of the United States, on rorist defense attorneys. When I was number of people there throughout this whom we will be voting a little later the U.S. attorney I hired a lot of assist- area where metal was twisted and roofs this afternoon. ant U.S. attorneys. I looked for proven Despite President Obama’s recess ap- were gone and no walls, hardly, were prosecutors wherever I could find pointment of Mr. Cole, who has had standing. Materials were 3 feet deep on them. I did not go around to look for significant opposition in the com- the floor, of plywood, roofing and the people who spent their spare time vol- mittee, and was not looking at smooth like. They found that young child, but unteering to defend terrorists or writ- sailing—I do believe we should oppose unfortunately it was too late and her ing papers defending criminals. That is his confirmation and his permanent ap- life had been lost. just the way I see it, frankly. I have to pointment based on some concerns I That is the kind of thing that has be honest about it. have with his record, specifically his been happening throughout the State. So we have had this one, we have had criminal justice view on the war on Our people are responding with courage that one, we have had another one, and terror, which I believe is utterly and dignity and hard work. Volunteers another and another. Now we have 13 wrong, and his questionable decisions from all over the country and all over to 16 who have been appointed to the as an outside consultant for AIG, the Alabama are assisting. I was with a Department of Justice who have had big insurance company that had to be seafood group Friday, down from this background. bailed out to the tune of, I think, $170 Defending the unpopular is not dis- Bayou La Batre, AL, the seafood cap- billion. qualifying. We voted, and I voted, for a ital, in many ways, of the Gulf of Mex- He was an independent consultant, number of people in the Department ico, and they had been helped so many supposed to be monitoring that com- who have been involved in these kinds times over the decades because of var- pany for other errors they had made of defense efforts, who filed lawsuits ious hurricanes that came through, previously. So that is a concern to me. against President Bush. They thought they wanted to help so they brought I served 15 years in the Department they were doing something great. I large amounts of shrimp and seafood of Justice—as the U.S. attorney for al- guess they did not turn down the evi- and their cookers. They were going to most 12, and as an assistant U.S. attor- dence if it helped in any way lead to Tuscaloosa or some of the other areas ney. I respect the Department. I love the location of Osama bin Laden. and serving people out there who were the Department of Justice, but I am We do have standards about how we volunteering or were emergency re- getting concerned about it. I am not should gather evidence, and lines sponders who were working to help in happy with some of the decisions and should not be crossed. But that does that neighborhood. That is the kind of philosophies that are emanating from not mean we are not in a war. It does thing that makes us proud and makes the Department. I believe they do not not mean the people who are attacking us all recognize the good that we have reflect the highest standards and quali- us are common criminals who need to in our people. ties that we expect from that great De- be tried in civilian courts. They are at I wished to share these thoughts and partment. war with us. Bin Laden said he is at to note I have filed a resolution that This nominee has a lot of good quali- war with us. He declared war on us. deals with this disaster, expressing the ties. I believe he has a number of You do not treat prisoners of wars, cap- condolences of the United States and strengths that—has management and tured enemy combatants, like you noting many of the factors that are rel- some experience in the Department for treat common criminals. This is funda- evant to this damage and I will be ask- which I would give him credit. But at mental. ing the Senate agree to that. I note it this point in history, I believe his ap- I served in the Army Reserve a num- has been cosponsored by Senator SHEL- proach, particularly to the war on ter- ber of years, some of that time as a BY, my colleague from Alabama, Sen- ror, along with the Attorney General’s JAG officer. I taught courses on pris- ators ALEXANDER and CORKER from approach to the war on terror are not oners of war and how to treat prisoners Tennessee, Senators COCHRAN and good. I have just about had enough of and the standards of the field manual. WICKER from Mississippi, Senators them. I do not claim to be a great expert at CHAMBLISS and ISAKSON from Georgia, I am just going to say this: I am not it, but I did it. I had some experience in and I understand others are signing on voting for another nominee—I am not it. as we proceed. going to vote for this one—who spent Mr. Cole consistently—and some of I thank the administration for help- their time defending terrorists before these nominees to the Department— ing to respond properly. I thank the they went to the Department. It is all takes the view that terrorists are volunteers from all over America who right to defend an unpopular person, criminals and not unlawful combat- have come to our State to assist those but 13 to 16 members of the Depart- ants. Let me just say briefly, if a per- in need. ment of Justice, political appointees son is caught—a murderer, a rapist, or I yield the floor and suggest the ab- by this administration, have had as virtually any kind of criminal—when sence of a quorum. their background defending terrorists, they are taken into custody, as the The ACTING PRESIDENT pro tem- including the Solicitor General nomi- Presiding Officer knows, who was a pore. The clerk will call the roll. nee who is going to be coming up in good prosecutor himself, they have to The assistant legislative clerk pro- committee this week, and also working be—before you can interview them, ceeded to call the roll. for or representing the ACLU. once they are in custody you have to

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2763 give them Miranda warnings. That au- the policy of the Department of Justice This administration has established a thorizes and tells them—basically tells that persons who are arrested as ter- policy that declares there is a presump- them: You did not have to make any rorists are presumed to be tried in ci- tion of civilian trials and has failed to statements at all. It basically says: If vilian court, although Congress has articulate a clear policy for desig- you are an idiot, you will make state- passed a law prohibiting moneys to be nating captured terrorists as enemy ments. You are entitled to a lawyer. If expended for that, on the 9/11 combatants or criminal defendants. So you do not have any money, we will ap- attackers. The Attorney General is in a I remain very unconvinced that the point you a lawyer. You have to go be- huff and said Khalid Sheikh Moham- next captured terror suspect will not fore a magistrate within a matter of med will be tried in Guantanamo under be given the rights of a common crimi- hours. You are entitled to discovery of military procedures as an unlawful nal and told he has the right to remain the government’s case in short order, combatant, but he does not like it. silent to the detriment of crucial intel- and you are entitled to a speedy trial. That is not his view. It looks like ev- ligence gathering. One of the most sig- You are entitled to prowl around in the erybody he wants to hire to be in the nificant findings of the 9/11 Commis- government’s case and find all of the Department of Justice agrees with that sion was that intelligence gathering, evidence the government has. erroneous view. intelligence possession about what the In war, that is not so. A classic case It is not a close question. This is not enemy is doing is the best way to pro- was Ex parte Quirin in World War II a close question. There is no reason a tect our country, not prosecuting them when German saboteurs were dropped terrorist who is apprehended in the after the fact. So telling someone they off on our coast from a submarine. United States ought to be provided have the right to remain silent and They were going to sabotage the lawyers and Miranda warnings. They they have a lawyer who is going to in- United States of America. They were are combatants. They are not common sist that they not make any state- apprehended, taken to military tribu- criminals. Thinking this way has ments, does that help us gather intel- caused dangerous confusion. nals, tried, and most of them were exe- ligence? If it is required by the U.S. As our troops and intelligence com- Constitution, we will do it. We will just cuted in a matter of months. The case munity continue to work night and day plain do it, regardless, but it is not re- went to the Supreme Court, Ex parte to keep our country safe, it is impera- quired by law, history or the Constitu- Quirin, and was affirmed. tive that we view the war on terror as There has never been any doubt that a real war and not a criminal matter tion. Law, history, and the Constitu- unlawful combatants can be tried for and regard those who wish to per- tion allow these enemy combatants to their crimes in military courts. It is petrate terror on this country as be tried in military commissions and done all over the world. It is an estab- enemy combatants, not plain crimi- they don’t have to be given Miranda lished principle. nals. Like many in the administration, warnings, which was a court-created Now, let’s get one thing straight. If Mr. Cole disagrees. rule a number of years ago that never you are a lawful combatant, and you In 2002, not long after the 9/11 at- was understood before and is not prac- are captured on the battlefield—wheth- tacks, he wrote an op-ed and published ticed, to my knowledge, in any other er you are a Japanese soldier or Ger- it criticizing then-Attorney General Nation in the whole world. Of course, man soldier or Italian soldier—and you John Ashcroft’s decision to try the 9/11 all this provides poor guidance for our comply with the laws of war and you terrorists in military commissions. law enforcement, military, and intel- wear your uniform and you do not at- They researched the law. Attorney ligence officers as they go about their tack deliberately men, women, and General Ashcroft knew what he was efforts, and it is a grievous and dan- children, civilians, and try to kill doing. They decided they were going to gerous mistake to continue this policy. them, and you comply with other rules try these individuals by military com- It seems to me that Mr. Cole and At- of war, you cannot be tried. You can missions. He had written an op-ed at- torney General Holder are cut from the just be detained until the war is over, tacking the Attorney General for it. same cloth on this issue. I am uneasy but you do not get lawyers. You do not So now that is the man we have as about these two individuals holding the get trials and discovery and all of that the nominee for the Deputy Attorney top two positions in the Department of sort of thing. But if in conducting your General of the United States. At his Justice. Now the Solicitor General military campaign you violate the in- hearing last Congress, Mr. Cole re- nominee seems to hold similar views ternally respected laws of war, you peated the prevailing and confusing and, if confirmed, he will be one of the cannot only be held as a prisoner of Justice Department position that deci- highest ranking people in the Depart- war, but the nation that is holding you sions regarding whether captured ter- ment. Their policy views appear to con- can try you for violations of the laws rorists should be tried in civilian trol the Department of Defense. In of war. courts or before military commissions other words, if they say this is the rule, So that is how these 9/11 attackers ‘‘should be made on a case-by-case the Department of Defense has to give who did not wear uniforms, who at- basis based on all of the relevant facts the Miranda warnings and so forth if tacked deliberately civilians, are per- and circumstances available at the they are involved in a capture, and it fectly fit to be tried as war criminals time of a suspect’s capture.’’ Is this directly controls the FBI, which is part or unlawful combatants. They have an- going to happen in Yemen, Afghani- of the Department of Justice. nounced their intention to destroy the stan, Pakistan, wherever else they may As the acting second in command at United States, to attack the United be in the United States is not a prac- the Justice Department, Mr. Cole States. They have said they are at war tical policy because we have to tell the would play a lead role in decision- with us. But they have done it in an individuals who are making those cap- making in the terror prosecutions unlawful way, and they can be tried in tures what the rules are. As the Attor- throughout the country. The Justice military commissions. This allows the ney General said, they still adhere to Department’s continued insistence on a military to conduct interrogations ac- the view that the presumption is, the presumption of civilian trials for ter- cording to the laws of war over a period individual will be tried in civilian rorists confirms my concerns that Mr. of months, years even. Sometimes after court. Therefore, the presumption is, Cole has adhered to the failed pre-9/11 months a prisoner will start to talk. within a short time of their being law enforcement approach to terror- You never know why they start talk- taken into custody, they should be ists, an approach the 9/11 Commission ing. given Miranda warnings, offered a law- and the Nation as a whole recognized But to deny ourselves the right to yer, and set for a preliminary court ap- was in error and should be changed. I allow those kinds of things to happen, pearance, which could reveal to all the thought we had clearly made that to say we have to try these individuals, other terrorists that their partner in move. Apparently, we haven’t. such as Khalid Sheikh Mohammed, in war has been captured and allow them Also of concern, from 2003 to 2007, Mr. civilian courts is clearly in error. But to escape. Cole represented a Saudi Prince that is the Attorney General’s posi- It is a wrong view, and why they per- against insurance carriers and Sep- tion. I asked him about it last week sist in this is beyond my under- tember 11 victims who alleged that the when he testified before the Judiciary standing. Congress understands it and Saudi Prince helped finance terrorists. Committee. He said: It still remains the American people do also. Reportedly, Mr. Cole’s client was

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2764 CONGRESSIONAL RECORD — SENATE May 9, 2011 linked through Treasury Department Mr. SESSIONS. I ask unanimous con- ficult investigation involving the documents to the financial support of sent to speak for 1 additional minute. former Speaker of the House of Rep- extremist groups through the Al- The ACTING PRESIDENT pro tem- resentatives who at the time was Haramain Foundation, a Saudi charity pore. Without objection, it is so or- Speaker. The chairman of the com- that had diverted funds to al-Qaida be- dered. mittee was Porter Goss, a Republican fore and after 9/11. While attorneys are Mr. SESSIONS. Mr. President, the from Florida. Porter Goss’s observa- free to, and should be free to, represent Department of Justice is a great de- tions of Jim Cole were that he was a unpopular clients, Mr. Cole is one of a partment, and they have some very brilliant prosecutor, extraordinarily long line of political appointees at the fine people there. I know Mr. Cole has talented. Then Mr. Goss goes on to say Department of Justice who seem to me some good qualities. I supported Mr. that over time, he brought our com- to be questionable choices for key Holder for Attorney General, but I am mittee to a bipartisan cooperation posts at the agency that is charged very uneasy about the direction the which was desperately needed in order with defending national security, given Department is taking on a large num- to successfully complete that matter. their choices to represent the very in- ber of issues, and I believe one of the At the end of the day, the six of us dividuals and groups whose goal it is to reasons this is happening is because came together in a unanimous rec- attack this country or kill Americans. they have surrounded themselves with ommendation. That is the type of per- According to press reports, at least 13 a group of leftist lawyers, activist law- son Jim Cole is. He was professional to 16 current Obama administration po- yers who don’t operate according to and put policy ahead of politics. litical appointees, including the cur- the more traditional views of law and Former Senator John Danforth testi- rent Solicitor General nominee who justice in America. That is my view. fied at Jim Cole’s confirmation hear- represented Jose Padilla, previously Other Senators may disagree. That is ing. John Danforth is a former Repub- provided legal counsel to suspected or my view. I am not able to support Mr. lican Member of the Senate. He called convicted terrorists and enemy com- Cole for that and the reasons I have Jim Cole ‘‘a lawyer’s lawyer.’’ batants being held in detention or to stated. I hope in the future the admin- Jim Cole has support from Demo- leftwing organizations that actively istration will appoint more nominees crats and Republicans. Former high of- sought to reverse Bush administration that have proven records of independ- ficials within the Department of Jus- antiterrorist and detainee policies— ence, effective prosecution, and com- tice have all recommended him, includ- policies, I might add, that were a con- mitment to law. ing former Deputy Attorneys General tributing factor to the elimination of I thank the Chair and yield the floor. appointed by both Republicans and bin Laden and many other terrorists The ACTING PRESIDENT pro tem- Democrats. throughout this past decade. I am curi- pore. The Senator from Maryland. Let me quote one other person I had ous to know if they have appointed Mr. CARDIN. Mr. President, I greatly hoped would be greatly respected on anyone to key positions in the Depart- respect my friend from Alabama, Sen- both sides of the aisle; that is, Fred ment of Justice who has ever pros- ator SESSIONS, although I come to a Fielding, the White House counsel for ecuted a terrorist. I would like to know different conclusion in regard to Jim former President George W. Bush. He that. Maybe they have. Surely, some- Cole. said Mr. Cole ‘‘combines all the quali- body has, but it looks odd to me that I have worked with Jim Cole. I was ties you want in a ‘citizen public serv- so many of those who have been on the part of a legislative committee in the ant’—he understands both sides of the other side have been given top appoint- House of Representatives that had to street and is smart and tenacious, and ments. do some very difficult work on an eth- is a person of unquestioned honor and On another subject, I am very dis- ics issue involving a former Speaker of integrity.’’ appointed with this administration’s the House of Representatives. It was a That is what Fred Fielding, the abdication of its duty to defend con- tough decision to bring together six former White House counsel to Presi- gressionally enacted laws, specifically Members of the House—three Demo- dent Bush said, about Jim Cole. the Defense of Marriage Act. Attorney crats, three Republicans—and do it in a Jim Cole is supported by former RNC General Holder has stated President way that would maintain the non- officials and DNC officials because he Obama had decided he would no longer partisan requirements of an ethics in- is nonpartisan. He is a nonpartisan per- defend this law, after reviewing the At- vestigation. The atmosphere was very son who has put public interest law as torney General’s recommendation and partisanly charged around the work we his top priority. that the law falls under the exception were doing. I know this sounds famil- I was listening to Senator SESSIONS in which ‘‘the Department of Justice iar. People in Maryland and Con- talk about terrorism. We have had a cannot offer a reasonable argument in necticut and around the Nation under- spirited political debate taking place defense of the statute’s constitu- stand we are working in a very par- in this country over the best way to tionality.’’ tisan environment, and they expect the bring terrorists to justice. Mr. Cole, Well, it has been defended and upheld people who are charged at the Depart- however, will always put principle over by a number of courts. How do we waltz ment of Justice to work in a non- politics, and he is committed to evalu- in there and decide we are not going to partisan manner. ating each case and matter that comes defend a congressionally enacted stat- This is not a partisan position, the before him based on the facts and the ute signed into law by President Clin- Deputy Attorney General. This is a law. That is what you want from the ton because they don’t like it? That is person who is working with the Attor- Department of Justice. They are the how it appears to me. The administra- ney General, the Nation’s lawyer. We values and the character we want in tion apparently came to this conclu- want somebody who has the experi- our Nation’s Department of Justice, sion after unilaterally deciding that ence, someone who has the character and Jim Cole will bring that to the De- ‘‘classifications based on sexual ori- and commitment to carry out this very partment of Justice—already brought entation warrant heightened scru- important position. it to the Department of Justice. tiny’’—in the face of precedent from 11 As I said, I have known Jim Cole. He The bottom line about Mr. Cole’s ap- circuit courts of appeal holding that has 13 years’ experience within the De- proach on fighting terrorists is one I such classifications should be reviewed partment of Justice. He is a public in- believe we all believe in. We are a na- under the much lower rational basis terest attorney. That has been the tion at war with al-Qaida, the Taliban, standard. largest part of his professional career, and their associated forces. We need There is a very big difference be- the service of public interests. He has tough, aggressive, and flexible policies tween refusing to defend a law the ad- always followed policy, not politics. He that recognize the paramount impor- ministration regards as unconstitu- has a very distinguished career in law, tance of providing the President with tional and refusing to defend a law that and he is the type of person we like to the ability to use all of the lawful the administration opposes on the pol- see within the Department of Justice. tools—all of the lawful tools—of our icy grounds. As I pointed out, I worked with Jim national power to protect the Amer- The ACTING PRESIDENT pro tem- Cole when I was in the House of Rep- ican people and bring terrorists to jus- pore. The Senator has used 15 minutes. resentatives. We worked on a very dif- tice.

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As what is the most effective way to bring to recess appointments, I have consist- the chief operating officer of the De- a terrorist or criminal to justice. ently warned this administration that partment, Mr. Cole is in a position to He not only has expertise in handling I would not cooperate in moving nomi- ensure the Justice Department mean- terrorists and bringing them to justice, nees for the Department of Justice, ingfully cooperates with my inquiries he has had very important positions in until they cooperated with my request and complies with my document re- the Department of Justice supervising for oversight materials. Last month, I quests. He has failed to do so. the criminal prosecution of white-col- went to the floor to describe what I I also am troubled by the Depart- lar crimes. He understands the full have learned in the course of my inves- ment’s continued resistance to over- breadth of the Department of Justice tigation into whistleblower allegations sight requests from Senator and is a very valuable player in making at the Bureau of Alcohol, Tobacco, CHAMBLISS, the vice chairman of the sure the Department of Justice follows Firearms, and Explosives, ATF. Ac- Select Committee on Intelligence. Sen- in the fine tradition of that agency. cording to whistleblowers, guns found ator CHAMBLISS has requested that the I urge my colleagues to vote to move at the scene of the murder of Border Department of Justice share important forward. At least vote to allow this Patrol Agent Brian Terry had been documents with Congress regarding the nomination to get an up-or-down vote. purchased illegally by a known straw Guantanamo Bay Detainee Review This is a very important position: the buyer a year earlier, with the blessing Task Force. This task force reviewed Deputy Attorney General. We talk of the ATF as part of an operation the case files of many detainees that about we were sent here to Washington known as Fast and Furious. were released or transferred from U.S. to make tough votes. OK. I do not I first asked about this issue on Jan- custody. Unfortunately, we now know think this is a tough vote. I think Jim uary 27. On February 16, I requested that over 25 percent of those detainees Cole is the best person for this criti- specific documents from the Justice later returned to fight against us or cally important job, and I do not think Department. I reiterated that request our allies. he is at all a partisan person. I know on March 3. These documents are part of a legiti- him well. I know him to be a career When the Justice Department failed mate exercise of our constitutional type individual who is interested in to produce any responsive documents, I duty to conduct oversight. The Depart- doing what is right. But this is not a partnered with House Oversight and ment’s repeated stonewalling of Sen- nominee where you should be using a Government Reform Chairman DAR- ator CHAMBLISS’s request should not be filibuster to prevent an up-or-down RELL ISSA, who first requested docu- rewarded with a cloture vote on a con- vote. ments and then issued a subpoena to troversial nominee. This is a very important position for the ATF after his voluntary request The Deputy Attorney General is the our country. For the dignity of the was ignored. On April 13, my staff second in command at the Justice De- Senate and the Department of Justice learned that the Justice Department partment and responsible for over- and the decency of Jim Cole, I urge my was making certain documents avail- seeing the day-to-day operations of the colleagues to allow us to go forward able for Chairman ISSA’s staff to review Department. Managing this vast bu- with an up-or-down vote on his con- at the Department. Not only did the reaucracy is a difficult task that re- firmation, and I urge my colleagues to Department fail to notify me of this quires a serious commitment to pro- support his confirmation to be Deputy document review, when I sent two of tecting our national security, enforc- Attorney General of the United States. my staff members to participate, they ing our criminal laws, and safeguarding Mr. President, I yield the floor and were turned away at the door of the taxpayer dollars. We need a qualified suggest the absence of a quorum. Justice Department. individual to fill this slot, an indi- The PRESIDING OFFICER (Mr. To this day, the Justice Department vidual who possesses the ability to not COONS). The clerk will call the roll. has still not produced a single page of only provide leadership for the Depart- The assistant legislative clerk pro- documents in response to my inquiries ment but also an individual who has ceeded to call the roll. and has provided only previously re- the smarts, capability and willingness Mr. GRASSLEY. Mr. President, I ask leased public documents in response to to manage Department programs and unanimous consent that the order for Chairman ISSA. I received a letter on root out inefficiencies and abuses in the quorum call be rescinded. May 2, 2011, declining to provide my those programs. After reviewing all his The PRESIDING OFFICER. Without staff with access to the documents on responses and his hearing testimony, I objection, it is so ordered. the grounds that ‘‘the Executive concluded that I could not support Mr. Mr. GRASSLEY. Mr. President, I Branch . . . has taken the position that Cole’s nomination to be the Deputy At- know we are in morning business. I ask only a chairman can speak for a com- torney General. unanimous consent to speak on the mittee in conducting oversight work.’’ In particular, I am seriously con- nomination of James Cole to be Deputy According to the DC Circuit Court of cerned about Mr. Cole’s views on na- Attorney General. Appeals, however: tional security and terrorism. Back in The PRESIDING OFFICER. Without It would be an inappropriate intrusion into 2002, Mr. Cole was the author of an objection, it is so ordered. the legislative sphere for the courts to decide opinion piece in the Legal Times. In Mr. GRASSLEY. Mr. President, I rise without congressional direction that, for ex- that piece, he stated: in opposition to the motion to invoke ample, only the chairman of a committee For all the rhetoric about war, the Sept. 11 cloture on the nomination of James shall be regarded as the official voice of the attacks were criminal acts of terrorism Cole to be the Deputy Attorney Gen- Congress for purposes of receiving such infor- against a civilian population, much like the eral at the Department of Justice. I op- mation, as distinguished from its ranking terrorist acts of Timothy McVeigh in blow- pose proceeding to a vote on the nomi- minority member, other committee mem- ing up the Federal building in Oklahoma bers, or other members of the Congress. Each City, or of Omar Abdel-Rahman in the first nee for a number of reasons. of them participates in the law-making proc- effort to blow up the World Trade Center. I have concerns regarding Mr. Cole’s ess; each has a voice and a vote in that proc- The criminals responsible for these horrible qualifications and am troubled by ess; and each is entitled to request such in- acts were successfully tried and convicted President Obama’s recess appointment formation from the executive agencies as under our criminal justice system, without of Mr. Cole to this position. I have been will enable him to carry out the responsibil- the need for special procedures that altered consistent in my opposition to recess ities of a legislator. traditional due process rights. appointments over the years. Whenever That is from Murphy v. Department He added that, ‘‘The acts of Sept. 11 the President bypasses the Senate by of the Army, 1979. were horrible, but so are . . . other making recess appointments, such I said on the floor on April 14 that if things.’’ The other things he referred nominees will not receive my support. the Justice Department did not cooper- to were the drug trade, organized We have a process in place for nomina- ate and provide the information we crime, rape, child abuse and murder. tions and if the President is not willing need, I would consider exercising my Mr. Cole’s opinion piece argued that

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Mr. we have never treated criminal acts in- way of background, the Justice Depart- Cole said that after it was determined fluenced by foreign nationals or gov- ment provided copies of the reports Mr. that AIG’s Financial Products Division ernments as a basis for ‘‘ignoring the Cole issued when he was overseeing would not be dissolved, the compliance core constitutional protections in- AIG, but they were labeled ‘‘committee and monitoring were ‘‘revived and are grained in our criminal justice sys- confidential.’’ Consequently, I cannot being reviewed and implemented where tem.’’ discuss in a specific manner the con- applicable.’’ Under Mr. Cole’s watch, Mr. Cole concludes his opinion piece text of those documents publicly. AIG not only got $182 billion of tax- by arguing that in addition to stopping Nevertheless, when taken into con- payer money, it was able to talk the future terrorist attacks, the Attorney text with the public responses provided independent consultant—Mr. Cole—out General is a criminal prosecutor and by Mr. Cole to my questions, a trou- of monitoring what the company was that he has a special duty to apply con- bling picture develops about Mr. Cole’s doing. stitutional protections engrained in performance in his independent con- Based upon these factors, I am con- our criminal justice system to every- sultant responsibilities. The responses cerned about Mr. Cole’s ability to per- one, including terrorists captured on a and reports do not dispel the serious form the duties required of Deputy At- foreign battlefield. questions raised about Mr. Cole’s inde- torney General. He would be in a posi- Mr. Cole wrote this opinion piece 2 pendence and completeness. Further, tion to potentially influence future days short of the first anniversary of they reveal what appears to be a level compliance monitors appointed under the September 11 attacks. Given the of deference to AIG management one settlements between the Justice De- close proximity in time to the Sep- would not expect to see from someone partment, the Securities and Exchange tember 11 attacks, we must understand tasked as an ‘‘independent’’ monitor. Commission, and other corporations this opinion piece to be Mr. Cole’s true In order to clarify a number of ques- that have violated the law. Inde- beliefs about the application of the ci- tions on this matter, Senator COBURN pendent monitors need to be truly vilian criminal justice system to ter- and I sent a followup letter seeking ad- independent and completely trans- rorism cases, including those who mas- ditional answers from Mr. Cole. Mr. parent. They are selected and ap- terminded the 9/11 attacks. Cole’s reply clarified that DOJ, SEC, From the opinion piece and his re- pointed to ensure that the interests of and the New York State Attorney Gen- the American people are protected. sponses to our inquiries, it appears eral’s office were aware of his practice that if given a choice of prosecuting I cannot support the nomination of of seeking input from AIG and making Mr. Cole to be Deputy Attorney Gen- high ranking terrorists in civilian modifications to the reports. He indi- courts or military commissions, Mr. eral and, therefore, will vote against cated that the changes AIG made were cloture. I urge all of my colleagues to Cole would likely favor civilian courts often factual changes, such as AIG em- based upon his longstanding belief in join me in opposing this cloture vote to ployee names, dates of materials, and send a message to the Justice Depart- the role the Attorney General plays in events. He also indicated that some of protecting the principles of the crimi- ment to stop the stonewalling of legiti- the changes requested by AIG were in- mate oversight inquiries from Members nal justice system. Absent a clear cluded in a section of the report enti- statement from Mr. Cole about what of the Senate. tled ‘‘AIG Response.’’ However, he said I yield the floor. factors would warrant selecting a civil- that ‘‘on a few occasions’’ AIG would f ian or a military forum, it is hard to ‘‘suggest a stylistic change of phrasing look at his entire record of past opin- in the analytical section of the re- CONCLUSION OF MORNING ions, his testimony, and responses to port.’’ He stated that while he included BUSINESS our questions and reach a different the edits made by AIG, he ‘‘did not be- conclusion. The PRESIDING OFFICER. Morning Military tribunals have many advan- lieve that a detailed presentation of business is closed. tages to civilian criminal courts and this factual review was necessary to an f understanding of each party’s posi- are better equipped to deal with dan- EXECUTIVE SESSION gerous terrorists and classified evi- tion.’’ As a result, the report did not dence while preserving due process. I necessarily show which edits AIG made that were incorporated. Instead, he am troubled that Mr. Cole does not ap- NOMINATION OF JAMES MICHAEL said that those changes were available pear to share this belief. Based upon COLE TO BE DEPUTY ATTORNEY in working papers that were ‘‘available his responses and testimony, I have se- GENERAL rious concerns about Mr. Cole’s support to the SEC, the DOJ, the New York At- The PRESIDING OFFICER. Under for civilian trials for terrorists cap- torney General’s Office.’’ Unfortu- the previous order, the Senate will pro- tured on a foreign battlefield given nately, he added, ‘‘the agencies—which ceed to executive session to consider that the Deputy Attorney General were aware of this practice—did not re- the following nomination, which the oversees the national security branch quest such documents.’’ clerk will report. at the Justice Department. While I appreciate Mr. Cole’s re- Second, I have concerns about Mr. sponses to these clarifying questions, The bill clerk read the nomination of Cole’s abilities relative to oversight of they raise concerns about how inde- James Michael Cole, of the District of government programs. First, in his re- pendent his monitoring was, what Columbia, to be Deputy Attorney Gen- sponses about oversight of DOJ grant changes were ultimately requested by eral. programs, Mr. Cole failed to commit to AIG, what changes were included, and The PRESIDING OFFICER. Under a top to bottom review of the pro- how much the SEC and the DOJ really the previous order, there will be 1 hour grams. knew about edits AIG was making to of debate equally divided and con- We have had enough examples of the the ‘‘independent’’ reports. trolled between the two leaders or tremendous inefficiencies, duplica- Finally, I have serious concerns their designees. tions, and waste in these programs. I about Mr. Cole’s decision to suspend Mr. GRASSLEY. Mr. President, I am disappointed that Mr. Cole has the compliance review at AIG’s Finan- yield 10 minutes to the Senator from failed to recognize that there is a need cial Products Division following the North Carolina. for comprehensive review of the De- government bailout. In his testimony, Mr. BURR. Mr. President, I thank partment of Justice’s grant program, Mr. Cole acknowledged that following the Senator. In less than an hour, this not only for the sake of saving tax- the government bailout of AIG, he body will be asked to vote on cloture to payer dollars but also to ensure that scaled back his efforts until the future proceed to the nomination of James grant objectives are being met in the of AIG as a corporation was deter- Michael Cole to be Deputy Attorney most efficient and effective manner mined. After Mr. Cole suspended his General. I rise in opposition to that possible. monitoring, AIG restructured its com- cloture vote on the nomination of Third, I do not have confidence re- pliance office and terminated a number James Cole, and I urge my colleagues garding Mr. Cole’s abilities based on of staff overseeing the company’s com- to strongly oppose it.

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2767 As a member of the Senate Intel- quests from ranking minority members. For telligence Committee with documents ligence Committee, I share the views of example, the Justice Department is cur- we have been requesting for months. the vice chairman, Senator CHAMBLISS, rently refusing to turn over documents re- More than 2 years ago, the Intel- and the ranking member of the Judici- quested by the Ranking Member of the Sen- ligence Committee learned that the re- ate Judiciary Committee regarding serious cidivism rate—the number of prisoners ary Committee, Senator GRASSLEY, as allegations that the Bureau of Alcohol, To- expressed in their letter to Republican bacco, Firearms, and Explosives knowingly we release who go back into the fight— colleagues dated May 6, 2011, opposing allowed straw purchasers to buy firearms at Gitmo was 11 percent. Today it cloture on this nomination. that were then provided to criminal drug stands at over 25 percent. In this effort I ask unanimous consent to have cartels in Mexico. At least two of these to close the detention facility at printed in the RECORD this letter from weapons were later found at the scene where Gitmo, the President ordered a task Republican colleagues. Border Patrol agent Brian Terry was mur- force run by the Attorney General to There being no objection, the mate- dered. review the status of all detainees still rial was ordered to be printed in the MR. COLE’S VIEWS ON TERRORISM housed at Gitmo. Through much of RECORD, as follows: A September 2002 opinion piece by Mr. Cole 2009, the Gitmo detainee review task raises serious questions about his judgment force examined every detainee’s case U.S. SENATE, and his current views on terrorism. In that Washington, DC, May 6, 2011. and made recommendations to the ad- article, he noted that ‘‘[f]or all the rhetoric DEAR COLLEAGUE: The Majority Leader has ministration on whether to transfer, about war, the September 11th attacks were filed cloture on James Cole, the President’s release, or detain each one. criminal acts of terrorism against a civilian nominee to be the Deputy Attorney General. At a time when Congress is aware population’’ and were no more horrible than At this time, we do not support Mr. Cole’s that former Gitmo detainees are re- ‘‘the scourge of the drug trade, the reign of appointment and urge you to oppose cloture organized crime, and countless acts of rape, turning to their old ways, we have an on his nomination. child abuse, and murder.’’ He also argued obligation to the American people—an During the last Congress, Mr. Cole’s nomi- obligation to the American people—to nation was not considered by the full Senate that the protections of our criminal justice system ‘‘must be applied to everyone to be make sure no more detainees are re- for several reasons. First, the Department of leased who could cause us harm. Even Justice has refused to comply with repeated effective.’’ While the United States must use every minority requests since August 2010 for docu- though Gitmo remains open right now, means at our disposal—criminal, intel- ments and information related to the activi- efforts to transfer or release many of ligence, and military—to fight terrorism, not ties of the Guantanamo Bay Detainee Re- these detainees continue today. The every terrorist deserves the valued protec- view Task Force. Second, Mr. Cole’s com- documents the Intelligence Committee tions of our criminal justice system. Al- ments and hearing testimony regarding the is seeking all relate to the task force though Mr. Cole has downplayed his com- September 11th terrorist attacks raise sig- ments, he has not rejected the comparison of process and will help the committee nificant concerns about his suitability to be September 11th to ordinary criminal acts or understand why the task force made the Deputy Attorney General of the United answered whether he favors trying terrorists the recommendations it did, especially States. Third, we have concerns about Mr. in civilian courts. His failure to do so exhib- with respect to those detainees who Cole’s abilities based on his performance as its a lack of understanding about the real an Independent Consultant tasked with over- may have raised red flags for the intel- threat of terrorism. seeing the insurance group, AIG. As a result, ligence community. the Senate returned the nomination to the MR. COLE’S PERFORMANCE IN OVERSEEING AIG We know that the Attorney General President. Unfortunately, on December 29, We have a number of concerns about Mr. provided recommendations on how the 2010, Mr. Cole was recess appointed to a one- Cole’s abilities based on his performance as task force should make its transfer de- year term while the Senate was adjourned an Independent Consultant tasked with over- cisions because of separate information and sworn in shortly thereafter. Notwith- seeing AIG. Some of these concerns cannot provided to the committee. We do not standing Mr. Cole’s recess appointment, our be shared in this letter, because the Judici- have everything, however, including reasons for opposing his nomination remain. ary Committee has labeled the relevant re- the September 2009 memorandum in DEPARTMENT OF JUSTICE STONEWALLING DOCU- ports as ‘‘Committee Confidential.’’ None- theless, these reports and Mr. Cole’s re- which the Attorney General reportedly MENT AND INFORMATION REQUESTS BY RANK- recommends that an entire category of ING MEMBERS sponses reveal what appears to be a level of deference to AIG management that one detainees be presumed to be eligible for For several years, the Senate Select Com- would not expect to see from someone tasked transfer—presumed eligible for trans- mittee on Intelligence has been reviewing as an ‘‘independent’’ monitor. Also, we have the process used by the Administration’s fer. While we have asked for this serious concerns about Mr. Cole’s decision to Guantanamo Bay Detainee Review Task memorandum and any other rec- suspend the compliance review of AIG’s Fi- Force to detain, transfer, or release detain- ommendations repeatedly, the Depart- nancial Products division following the gov- ees from the Guantanamo Bay facility. ment has refused to provide them. If ernment bailout. Given that the recidivism rate among these the Attorney General of the United detainees has now risen above 25 percent, CONCLUSION States recommended that certain de- Congress must have clear insight into this We believe that before Mr. Cole’s nomina- tainees be treated favorably, possibly process to determine whether additional leg- tion receives an up-or-down vote in the Sen- in spite of the intelligence, the Senate islation is needed to protect our national se- ate, the Department of Justice must imme- Intelligence Committee has a clear curity. diately comply with the long-standing re- The Attorney General has been asked re- quests for documents and information re- oversight interest in reviewing the peatedly to provide Congress with: (1) any lated to the Guantanamo Bay Detainee Re- September memorandum and seeing if gu