S2748 CONGRESSIONAL RECORD — SENATE May 17, 2018 Mr. WARNER. The Senator will We have gone through a lot over the Many people at the CIA participated yield. last couple of years, and I appreciate in the program. They were told it was The PRESIDING OFFICER. The Sen- the fact that in terms of timing, he is legal by the Justice Department and ator from Oklahoma. going to allow me to speak first on ordered by the President, but some of Mr. INHOFE. Madam President, I Gina Haspel. the actions undertaken were repugnant thank the Senator, and I appreciate Gina Haspel is among the most quali- and amounted to torture. Since those that very much. fied people to be nominated for the po- days, America has had a long debate I just want to make a brief statement sition of the Director of the CIA. She about the standards that we, as a na- about the vote that just took place. I has served with the Agency for 33 tion, can and should apply to the treat- tried to communicate this, and there years, including tours as a Case Officer, ment of detainees regardless of who wasn’t time before the vote. Right now, four times as a Station Chief, the Dep- they might be. That is why I was one of we have more threats than we have uty Chief of National Resources Divi- the 17 cosponsors in the Senate of the ever had in the history of this country. sion, the Deputy Director of the Na- McCain-Feinstein amendment to pro- I think we all realize that. tional Clandestine Service, and cur- hibit torture and to prohibit any inter- General Dunford said that we are los- rently as the Deputy Director of the rogation techniques not authorized by ing our qualitative and quantitative Agency. In many ways, her story is the U.S. Army Field Manual. That is advantage over our adversaries. He was representative of the thousands of peo- why I voted to both approve and to de- talking about Russia and China, in this ple at the Agency and throughout the classify the Senate Intelligence Com- case. We have adversaries out there intelligence community who serve mittee’s extensive study of the RDI that are actually ahead of us in terms quietly, without recognition, and often program. of their capabilities in artillery and at great personal risk in order to keep I strongly believe that we, as Ameri- other areas. our Nation safe from those who wish to cans, have a duty to look squarely at Here we are, and, quite frankly, we do us harm. our mistakes and not to sweep them knew how this vote was going to come In addition, while she has not empha- under the rug but to learn from them out. I have a list of the same vote that sized this, we should not overlook the and, in the future, to do better. Nor do has taken place for the last 5 years, historic nature of Ms. Haspel’s nomina- I believe that we can excuse torture or and it came out the same way it did be- tion as the first woman to be nomi- the way in which detainees—no matter fore. The point here is that even nated as Director of the CIA. Seeing who they were or what crimes they though it wasn’t going to pass, the her portrait in the halls of the Agency were guilty of—were treated. We are problem is, it is sending a message to next to the long line of former Direc- better than that, and we need a CIA Di- our kids who are out there in harm’s tors will be a long overdue but impor- rector who will ensure in an ironclad way. tant breakthrough for the intelligence way that we will never return to those We look and we see that we have community. days, that we will follow the law as en- started our road to recovery, and it has I would also note that as a Senator acted by Congress. This is why I pushed Ms. Haspel, both been an exciting thing because we from Virginia, the home to thousands in our hearings and in our private came so close to being in a position of CIA personnel and the vice chairman meetings, on this very point: What is where one-third of our brigade combat of the Intelligence Committee, I have her view now of the RDI program? And teams didn’t work. The F–35s in the heard from many Agency officers—and for that matter, members of the rank how will she react if she were asked, as field—the Marines could use less than Director, to undertake something simi- half of them. All of these things were and file of other intelligence commu- nity agencies—and almost to a person, lar in the future? In both our one-on- going on because of what has happened one meetings and in classified sessions to our military. the rank and file have supported her nomination. before the committee, I found Acting Finally, we turned the corner. We Director Haspel to be forthcoming re- turned the corner on the last vote—not Let me be clear. This has not been an easy decision for me. Over the past sev- garding her views on that program. the one we took today but the one we However, I thought it was important took a few months ago—and we now eral weeks, I have held multiple meet- ings and calls with Ms. Haspel and that she say this in public, not just pri- are rebuilding our military. vately, which is why I asked her to me- I had breakfast this morning with many others about her record and her character. In our open hearing, I raised morialize those comments in writing. the Secretary of the Army and with Gina Haspel wrote: ‘‘With the benefit questions about her involvement with the Chief of the Army, and really good of hindsight and my experience as a the rendition, detention, and interroga- things are happening. I can’t think of senior Agency leader, the enhanced in- tion program and, if she were to be anything worse than to send a message terrogation program is not one the CIA confirmed, her willingness to push to our kids in the field that we are should have undertaken.’’ going to go back and undo the positive back if President Trump asked her to I believe this is a clear statement of things that have pulled us up into a undertake any immoral or legally growth as a leader and learning from competitive position. questionable activity. I questioned her mistakes of the past. While I also wish For the sake of our military, for the willingness to declassify, to the extent that she would have been more force- sake of defending America, the vote possible, more information about her ful, I also understand her reluctance to there was to vote against sending the background at the Agency. I still wish condemn the many men and women at wrong message to our kids in harm’s more could be done to discuss her back- the Agency who thought they were way. ground in an open setting. The Agency doing the right thing at that time. I thank Senator WARNER for yielding. just recently has declassified more in- I first met Gina at one of her over- formation about her service with the f seas postings, but I didn’t really get to counterterrorism center. I thank them work with her until this last year, EXECUTIVE SESSION for that but still believe it would have when the former Director appointed been preferable if we could have found her to be Deputy Director of the Agen- a way to be even more transparent. If EXECUTIVE CALENDAR—Continued cy. Over the last year, I have found her she is confirmed as Director, I would to be professional and forthright with Mr. WARNER. Madam President, I encourage Ms. Haspel to keep this in our Intelligence Committee. ask unanimous consent that the Sen- mind. I have had the ability to have candid, ate resume executive session and con- To those here who have concluded unfiltered discussions with her. Wheth- sideration of the Haspel nomination. that Ms. Haspel’s background with the er the challenge we confront is North The PRESIDING OFFICER. Without RDI program should preclude her from Korea, ISIS terrorists, or the long-term objection, it is so ordered. leading the CIA, well, I respect their challenges of countries like China and Mr. WARNER. Madam President, I arguments, and I know the passion Russia, I will feel safer knowing that thank our friend, the chairman of the with which they put forward their posi- the CIA has Ms. Haspel at the helm. committee, the Senator from North tion. I myself struggled with this Most importantly, I believe she is Carolina. point. someone who can and will stand up to

VerDate Sep 11 2014 01:06 May 18, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.021 S17MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 17, 2018 CONGRESSIONAL RECORD — SENATE S2749 the President and who will speak truth I rise today in support of Gina Agency and its future, informed by her to power. If this President orders her Haspel, the President’s nominee to be career and her past experiences. Pre- to do something illegal or immoral, the next Director of the Central Intel- vious outside leaders of the CIA have such as return to torture, she will ligence Agency. Ms. Haspel has been worked hard to understand the Agency refuse. I believe this not just because asked to lead one of our Nation’s most they were asked to run. But when a she has told me so or because she wrote treasured assets, an Agency that works case officer, just back from a war zone, it in a letter or even because she said in the shadows. It requires a leader describes to Gina the credibility of a it in front of the committee under with unwavering integrity who will en- newly recruited asset and the chal- oath; I believe it, as well, because I sure that the organization operates lenges of dodging check points to get have heard it from people who have lawfully, ethically, and morally. to a meeting with a source, she knows worked with her for years, people who Gina was born in Kentucky. She was all the right questions to ask because know and trust her—John Brennan, the oldest of five children. Her father she has been there and she has done Jim Clapper, Leon Panetta, Jim was in the Air Force. She traveled from that. Mattis, and many, many others who place to place. She told her dad one day For all these reasons, I support Gina have served Presidents of both parties. that she wanted to go to West Point, Haspel to be the next Director of the Every one of them has said that they only to hear her dad very gently re- Central Intelligence Agency. I am also trust her to push back on actions that mind her that West Point did not in- mindful of the historic nature of Gina might be inappropriate coming from vite women. That did not delude her Haspel’s nomination and what it means this President. sense of service. After graduating from for those first-tour case officers and I furthermore believe that she is the University of Kentucky, Gina went junior analysts who will join the Agen- someone who will push back—and push on to work as a contractor with the cy this year and in the years to come. back strongly—against any attempts 10th Special Forces Group. It was at As I said at Ms. Haspel’s nomination by this President to undercut, deni- Fort Devens that Gina learned about hearing, outside the Agency workforce, grate, or ignore the professional men the CIA, a place where she could serve not many Americans get an oppor- and women of the CIA and their re- her country along with other women tunity to walk the halls of the old sponsibility, again—first and fore- doing clandestine work around the headquarters building. Those who do, most—to speak truth to power, what- world. This excited her. after entering, encounter a series of ever the political implications may be. In 1985 Gina swore an oath to defend portraits depicting former Directors of It is for these reasons that I am sup- the Constitution and began a 30-plus the OSS, Central Intelligence, and the porting Gina Haspel’s nomination to be year career of service at the Agency. Central Intelligence Agency, as its the Director of the CIA. I respect my Since that day, Gina Haspel has devel- name has morphed. Some of these Di- colleagues who made a different deci- oped extensive overseas experience and rectors were loved. Some were con- sion. This is not an easy choice. I, too, served as Chief of Station in several lo- troversial. Some little understood the have spent weeks working through it, cations around the world that we can’t Agency they were asked to lead. Some but at the end of the day and as we mention. But I can tell my colleagues made disastrous decisions out of hubris vote, hopefully, later this afternoon, I that every time I traveled abroad to a or inexperience or both. But one thing believe Gina Haspel should be con- location where Gina was the Chief of is common: All the portraits are of firmed. I look forward to supporting Station, I received the most thorough men. her. I look forward to her being a good brief from the most organized station Many want to make Gina’s nomina- Director of the CIA. I look forward to that I have had the opportunity to see. tion about one small piece of the Agen- her performance, convincing those who In Washington she has consistently cy’s past. If that were the standard could not support her today that her proven herself a strong leader, rising to that this institution applies, John long-term value to our country will the role of Deputy Director of the Na- Brennan would never have been con- make our Nation safer and that she tional Clandestine Service and then firmed as the Director of the Central will act in accordance with the prin- Deputy Director of the entire Central Intelligence Agency because when he ciples and values of our country. Intelligence Agency. Those who saw was at the Agency, he was fourth in I yield the floor and 30 seconds to my her approach to that role say she command, versus Gina Haspel, who was colleague, the chairman of the com- a GS–15. Most of us, though, are look- mittee. served as a peacemaker, a general, a ing toward the Agency’s future. I want to thank him, as well, for con- tough advocate for people, and a clear, Avril Haines, Meroe Park, and many tinuing to push not only Ms. Haspel steady guide for an Agency dealing others who have served or are cur- but the Agency, the Department of with a complex web of world crisis. rently serving have cracked the glass Justice, and others to make sure that I believe Ms. Haspel’s experience, her ceiling at the Agency. Gina is poised to members of the committee and, to an- dedication to service, and her judgment break it. It may be impossible to meas- other extent, Members of the Senate make her a natural fit to lead the CIA ure the importance of that break- had as much access to information as as it enters a period of profound change through, but I do know that it will ever before with any CIA Director. I and uncertainty. She is, by many ac- send a signal to the current workforce value our working relationship with counts, the most qualified person the and to the workforce of the future that the committee. Sometimes the chair- President could have chosen to lead the man and I don’t always agree, but we CIA and the most prepared individual a lifetime of commitment to the Agen- always deal with things in a straight- in the 70-year history of this Agency. cy and its mission can and will be re- forward manner. She is intimately familiar with the warded. To those walking for hours to I yield the floor to my dear friend, threats facing our Nation. Where oth- get to a source meeting, to those offi- the chairman. ers can discuss world events, Gina cers who stay up all night preparing for The PRESIDING OFFICER. The Sen- Haspel has lived those events. She has the Presidential daily brief, to those ator from North Carolina. no learning curve. making tough calls about putting their Mr. BURR. Madam President, I She has acted morally, ethically, and people in harm’s way to secure the in- thank the vice chairman of the Intel- legally over a distinguished 30-year ca- telligence we need to keep our country ligence Committee, and I would also reer. She has earned the respect of the safe, to those who find a needle in a reiterate what he said. This is one of Agency workforce, of her peers, of Re- haystack, catch the bad guys, find the the last bipartisan committees on the publicans and Democrats, of military weapon shipments, and come home and Hill. It should be. It is because we are officers, and of civilian security lead- walk past a wall of stars at the Agen- entrusted with seeing things and hear- ers, evidenced by the number of letters cy, know that we support you and we ing things that nobody else can and received in support of her nomination— support the job you do. You deserve a verifying that we live within the letter too numerous to read. Director who understands who you are, of the law and the Presidential direc- Gina has also the courage to speak what you do, what you can do, and tives for the rest of the 85 Members of truth to power, and she has dem- what you should do. You deserve a Di- the Senate and the American people. onstrated that courage time and again. rector who understands your sacrifice We take that very seriously. She has a clear-eyed vision for the and has a clear vision for the future of

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There are the Ayatollahs of noon confirm Gina Haspel as Director cance because it sends an unmistakable Iran who swear ‘‘death to Israel and of the Central Intelligence Agency message to our friends and to our en- death to America,’’ indeed who refer to without further delay. emies that the United States stands Israel as the ‘‘Little Satan’’ and Amer- I thank the Presiding Officer. with our friends and unshakably stands ica as the ‘‘Great Satan’’ and who fi- I suggest the absence of a quorum. alongside the nation of Israel. nance terrorism at Israel’s doorstep The PRESIDING OFFICER. The There was considerable debate within and across the world. clerk will call the roll. the administration about whether and There are the terrorists of Hamas The bill clerk proceeded to call the when to move the Embassy. That has who seized control of the Gaza Strip roll. been true in prior administrations as over a decade ago, after Israel had al- Mr. CRUZ. Madam President, I ask well—considerable debate. The prin- ready fully withdrawn from the terri- unanimous consent that the order for cipal argument against moving the tory. For the last several months, the quorum call be rescinded. Embassy has always been that the en- Hamas has been organizing civilian The PRESIDING OFFICER. Without emies of Israel will not like it. I believe objection, it is so ordered. mobs with terrorist cells embedded that is yet another reason this was the throughout to attack Israel’s border AMERICA EMBASSY IN JERUSALEM right thing to do. and the soldiers stationed there. They Mr. CRUZ. Madam President, I rise There were some who made the case today to give thanks and celebration call the riots the march of return in that moving the Embassy would dimin- reference to what they call their right for the United States’ Embassy estab- ish the chances of peace in the Middle lished in the city of Jerusalem and for of return, which is a euphemism for East. I will confess, I am skeptical that having millions of descendents of Pal- the continued safety and security of peace will be attained anytime soon. I the Jewish people in Israel and across estinians flood into Israel and destroy don’t believe the impediment to peace the modern State of Israel and its ex- the world. in the Middle East is the nation of Almost exactly 70 years ago, Israel’s istence as a Jewish state. Israel. Israel wants peace. It is Israeli Hamas timed their weeks of riots to founding father, David Ben-Gurion, babies who are being murdered by the brought together members of the Jew- culminate this week during what they terrorists. call Nakba Day. ‘‘Nakba’’ means ‘‘ca- ish People’s Council in a Tel Aviv mu- I don’t believe we will see peace in tastrophe.’’ It is the word they use to seum to declare the founding of the the Middle East unless and until, No. 1, reference the creation of Israel. We modern State of Israel. Eleven minutes the Palestinian leadership acknowl- should understand that. Every year, later, President Harry S. Truman cou- edges Israel’s right to exist as a Jewish they denounce what Israel celebrates— rageously recognized the State of state, and No. 2, they renounce terror- the creation of the modern State of Israel over the objection of many of his ists. As long as the Palestinian leaders Israel. Hamas mourns the catas- advisers and the State Department, are engaging in a unity government and the fates of our two countries have with Hamas—an avowed terrorist orga- trophe—to use their word—that Israel been intertwined ever since, until this nization seeking to destroy the nation even exists. But inevitably, in these week, when the U.S. Embassy was fi- of Israel and murder innocent Israelis— battles for survival that Israel faces nally moved to Jerusalem, recognizing peace will not be had. daily, we can count on global media that it is the eternal capital of the But what I urge President Trump and elite acting as little more than propa- Jewish people and the undivided cap- the administration is that moving the ganda arms for Hamas and other ter- ital of Israel. Embassy increases, I believe, the rorists, and no week has that been I was proud to have traveled to Jeru- chance for peace. Why is that? Because more evident than this week. salem along with my fellow Senators it demonstrates that America stands I direct you to the front page of the for the official opening of the new Em- strong, stands by our friends, and is New York Times from this week. The bassy. It was an incredible honor to not shaken, is not buffeted by global New York Times’s headline is ‘‘Israel witness history unfolding. It was a joy- media opinion. I suggested to the ad- Kills Dozens at Gaza Border as U.S. ous moment for Israelis, for Ameri- ministration that our Arab allies in Embassy Opens in Jerusalem.’’ Anyone cans, and a moment of history. the region would publicly denounce the reading this headline would say: Good- I had the opportunity to visit with move. They would have to for domestic ness gracious. Why are the Israelis Prime Minister Benjamin Netanyahu political concerns. However, I believe murdering people? That is what the about the incredible significance of that privately, those allies—the Egyp- New York Times says. One takes from ending the 70 years of discrimination tians, the Jordanians, the Saudis— the coverage, apparently, that poor, in- that Israel had faced. In no other coun- would be relieved that America moved nocent, unarmed people are being shot try on Earth did America have our Em- our Embassy. Why is that? Because an for no reason by Israel. That is cer- bassy in a city other than its capital American President and an administra- tainly what the global media elite are city. It was only Israel where our Em- tion strong enough to move the Em- portraying. bassy was not in the capital. bassy and stand up to the nattering na- What are the actual facts? You re- I would note that for many years bobs and the press might well also be a member facts—the things that used to Presidents of both parties, Democrats President and an administration strong be reported when journalists were actu- and Republicans, have campaigned enough to stand up to Iran to end the ally being journalists and not propa- promising that they would move the catastrophic Obama Iranian nuclear gandists. Let’s talk about the facts. Embassy to Jerusalem, which is the deal and to do whatever is necessary to For several weeks, we have seen riots capital of the nation. Yet Presidents of prevent the Ayatollah Khamenei from and violent attacks at Israel’s border, both parties have failed to do so. I com- getting nuclear weapons. Indeed, we terrorist attacks that culminated in mend President Trump for honoring saw that assessment was true. the attacks that led to these shootings that campaign commitment and for de- I think it is quite fitting that the in self-defense. The rioters used mas- livering on that campaign commit- opening of the new Embassy occurred sive tire fires to create smoke to cover ment. just days apart from the President their attacks. They used guns. They Moving our Embassy to Jerusalem is making the historic decision to pull used pipe bombs. They used Molotov an acknowledgement of undeniable out of the disastrous Obama Iran nu- cocktails. They used grenades. They truth that Jerusalem is, in fact, the clear deal. used mechanical catapults to attack capital of the nation of Israel. It is We are seeing the difference between the border and to attack Israeli troops. where we find the supreme court. It is strength and weakness. If history They tie petrol bombs to kites, and where we find the Prime Minister, and teaches anything, it is that weakness they launched them to set fire to it is where we find the President of and appeasement do not work. Instead, Israeli fields and livestock. Israel. I think America is far better when we Let’s take a look at the kites. The It is the capital city, and now our pursue policies of peace through kites that they used are painted with Embassy reflects that fact. But moving strength. swastikas. Just so you are not confused

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If the moniker ‘‘fake news.’’ don’t hide their motives or intentions. you get across the border, your target The Hamas talking points, which are It is not that the New York Times is wherever you can find Jews to kill. printed by our media, are aimed at can’t figure it out; it is that they don’t These are the terrorists the New whitewashing the terrorists’ genocidal care. York Times celebrates—‘‘Kills Doz- hatred of Israel. In fact, these attacks One 23-year-old rioter said: ‘‘We are ens.’’ Why is it that the New York are waged because Hamas refuses to ac- excited to storm and get inside’’ and Times doesn’t mention the maps that cept the existence of Israel. Mind you, that if he got across the border, he they have to Israeli homes to murder Gaza, they control. Israel doesn’t gov- would do ‘‘whatever is possible, to kill, innocent women and children, to kill ern Gaza; Hamas governs Gaza. This is throw stones.’’ as many Jews as possible? an attack on the border of Israel seek- I would note that a violent terrorist Here is a partial list of what hap- ing to murder innocent civilians. attacking the border, seeking to mur- pened on the border over just a few The New York Times has been der people, is not a peaceful protester, hours on Monday: unremitted in its dishonesty. They told as the useful idiots in the media falsely At 12:53 p.m., there were five pipe- their tens of thousands of Facebook portrayed it. bomb detonations. followers that Israel ‘‘used tear gas and Another Hamas terrorist, who was At 12:58, another explosive device was gunfire to keep Palestinian protesters flying a swastika kite, told NPR: detonated. from crossing the border fence with This is a kite that’s going to go to the At 1:15, a terror cell opened fire at Gaza, killing at least 52, according to Jews. . . . The Jews go crazy for Hitler when Israeli soldiers who caught them trying Palestinian officials. Forty miles they see it. . . . This is actually what we to plant bombs. away, officials celebrated the U.S. Em- want them to know, that we want to burn At 1:30, there was another shooting bassy’s relocation to Jerusalem.’’ them. attack on Israeli soldiers. Once again, this is the New York Let me remind you again of the New At 1:45, there was yet another shoot- Times pretending to report: Israel York Times headline. The New York ing attack, this time by a terrorist cell ‘‘used tear gas and gunfire to keep Pal- Times headline says ‘‘Israel Kills Doz- of eight using the rioters as cover, as estinian protesters from crossing the ens at Gaza Border.’’ Kills dozens of human shields. border fence with Gaza, killing at least what, of whom? Do they say terrorists? At 2:09, there were three more bomb 52.’’ These are not protesters; these are Do they say Hamas terrorists who are detonations. terrorists seeking to murder people. flying swastika kites filled with gaso- At 2:13, there was a Molotov cocktail When you call a terrorist a peaceful line, seeking to murder Israelis, and attack. and unarmed protester, directly con- who say: ‘‘This is actually what we At 2:49, another one. trary to the facts, you are not engaged want them to know, that we want to At 3:10, there was yet another bomb in journalism; you are pursuing a polit- burn them’’? attack, and so on and so on and so on. ical agenda on the pages of the ‘‘Old When hearing about brave soldiers That is just 2 hours. Where in the Gray Lady.’’ Their website’s headline on Monday protecting innocent civilians from ter- New York Times headline—and, sadly, blared: ‘‘Israel kills 58 and Injures Over rorists seeking to murder them, a ra- this is emblematic of much of the glob- 1,300 by Gunfire at Gaza border. . . . A tional person would say that it is a al media elite who are unified in their mass attempt by Palestinians to cross good thing when terrorists are stopped antagonism to the State of Israel— the border fence quickly turned vio- before they can carry out their acts of where is any acknowledgment of pipe lent, as Israeli soldiers responded with terror. But the New York Times can’t bombs, Molotov cocktails, shootings? rifle fire.’’ be bothered to include those facts. How would this headline read dif- Gosh, where in their headlines, where There is a message to be conveyed. For ferently if it read: ‘‘Violent Hamas Ter- in their coverage is there any mention anyone lacking nuance or subtly, their rorists Opened Fire on Israelis Who De- that these are terrorists with bombs message is simple: Israel, bad. Israel, fend Innocent Civilians Taking the and guns and Molotov cocktails and bad. That is their whole subtly. Mind Lives of the Terrorists?’’ That would kites carrying gasoline? Oh, no, these you, the bodies of those poor, helpless, actually be news. That would actually were just protesters who, for no reason little terrorists—well, you know, when be factual. That would actually be de- whatsoever, those bad, bad Israelis de- a terrorist seeks to commit murder, we scribing what happened, instead of be- cided to shoot. They just got up and do everything possible to prevent them coming a propagandist for the terror- said: Let’s just shoot a bunch of people. from doing so. ists. That is what the New York Times tells So when you read the headline, un- The strategy for these riots, for these us. For no reason whatsoever, they just derstand that this is who the New York terror attacks is a win-win for Hamas. began firing into the crowd. Times is celebrating. If they breach Israel’s fence, then their By the way, if you go into the fever I ask you, why wasn’t the swastika terrorists can rush into Israeli towns swamps of social media and you see the on the cover of the New York Times? and try to kidnap and kill Israeli civil- left—the New York Times knows what Might people understand it differently ians. If they fail to reach the fence; if its propaganda does. It is not hard to if they actually showed photographs of they attack the fence and Israeli sol- find people on Twitter suggesting that what was happening? diers defend Israel and if they are shot, for no reason, Israel just began shoot- One of Hamas’s Facebook pages post- then they know the media—the useful ing people because it is fun. Remember, ed maps with directions to nearby idiots—will provide endless photo- their message is not complicated: Israeli communities where thousands graphs and stories denouncing Israel: Israel, bad. So if Israel is bad, then you of Israelis live within 2 miles of the How dare you kill terrorists before just start shooting people because that border. If you look at this map—this they are able to murder innocent civil- is how you approach a Monday morn- map is posted. So you need to under- ians. ing. That is the message, and it is stand that these protesters are not just The media has been more than happy heard by social media. It is heard by there saying: Make love, man, not war. to oblige Hamas’s propaganda needs. anti-Semites across the globe. It plays The New York Times wants to paint Reporters, celebrity talking heads, and into vicious blood libels that go back a them as some happy little hippies with members of our political establishment millennium. It just happens to be a lie. daisies in their ears. Just give peace a have faithfully and enthusiastically It is not an accidental misstatement; it chance. You know, John and Yoko were parroted the Hamas line. They say the is a deliberate, calculated, repeated lie. among them. Well, why is Hamas post- riots are the fault of the United States Undoubtedly, tragically, some of ing this map saying: If you cross the for moving our Embassy and that the those killed have been Palestinian ci- border, here is where the Israeli com- rioters are peaceful and unarmed pro- vilian human shields. This is by design.

VerDate Sep 11 2014 02:06 May 18, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.026 S17MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2752 CONGRESSIONAL RECORD — SENATE May 17, 2018 Part of what Hamas does is it uses ter- stop them from committing murder. their headline, ‘‘Israel Kills Dozens at rorists to commit acts of terror, and Fortunately, even the New York Times Gaza Border.’’ It is propaganda. then it eyes innocent Palestinians as didn’t quite have the gall to say that, As long as Hamas has leaders who human shields trying to get them but the facts are comparable. manipulate them, who lie to the Pales- killed because that serves their propa- The blame for all of the deaths, tinian people, who lie to the world, and ganda purposes. Although I will say whether terrorists or human shields, is who use human shields in their bloody that consistently during these riots, it on Hamas and Hamas alone. Any impli- terrorist campaign against Israel, has turned out that the great many of cation otherwise is nothing less than there can never be hope for peace or the deaths are of the actual Hamas ter- shameful support for genocidal ter- prosperity. rorists picked off while planting bombs rorism. Israel has the right to defend itself, and attacking Israeli soldiers. If the In 2014, I introduced in this body bi- and Israel is defending itself. American military had been able to partisan legislation, along with New I only wish that our global media had shoot the terrorists on 9/11—the terror- York Senator KIRSTEN GILLIBRAND, a some tiny passing qualm of guilt to at ists who flew airplanes into the World Democrat, supporting Israel’s right to least pretend to report the news, to at Trade Center and who flew an airplane self-defense and condemning Hamas’s least pretend to tell the truth, to not into the Pentagon—if the military had barbaric tactics, specifically con- function as Hamas’s propaganda been able to stop those terrorists and demning the use of human shields as a agents, but instead to tell the truth shoot those terrorists, the New York war crime. That resolution passed the when Hamas terrorists say, with their Times headline would read: ‘‘American U.S. Senate unanimously, and it passed Nazi swastika kite bombs: We want the Military Shoots Peaceful Flying Pas- the House of Representatives unani- Israelis to know we want them to burn. sengers.’’ mously. Yet we see the tactic yet These are the facts they need to report, When you stop a terrorist seeking to again, these terrorists using human even if it happens to disagree with commit murder, it is not shooting a shields, using innocent Palestinians as their political agenda of undermining peaceful protester. During past riots, human shields, precisely because they the State of Israel. Hamas has acknowledged that up to 80 want them to die, because they can Fortunately, regardless of the par- percent of those killed were terrorists. trust the global media to carry their tisan bias, regardless of the propaganda This time around, already, between message. that the New York Times and other one-third and one-half of those killed A few years back, when Israel faced global media outlets put out, Amer- have been identified as terrorists. rocket attacks from Hamas, one after ica—the American people—stand and Look, this is Hamas telling us this. the other after the other, Hamas had will continue to stand unshakably— The people being shot are avowed ter- its headquarters in the basement of a unshakably—alongside our friends and rorists. There is no dispute that Hamas hospital. Indeed, some years ago, I allies, the people of Israel, and we have is a terrorist organization. There is no wrote an op-ed entitled ‘‘A Tale of Two reason to celebrate. dispute. This photograph depicts their Hospitals.’’ It says that you can tell a When I was in Jerusalem just a cou- wall of martyrs. These are the terror- lot about a society about how they ple of days ago, I visited with person ists we have sent who were killed. treat their most vulnerable, and it after person—Israeli and American— Where was the word ‘‘terrorist’’ in the compared two hospitals, one, the Ziv who were reduced to tears. Some were coverage? Hospital in northern Israel, which I Holocaust survivors. The phrase I We saw on TV images of violence on visited. At the time, the Ziv Hospital heard more often than anything else the border juxtaposed with the image had provided over $8 million in free was this: ‘‘I thought I would never live of the embassy unveiling, no doubt in- medical care to Syrians badly wounded to see the day.’’ Well, we did live to see tended to put the blame for the at- in the horrific civil war playing out in the day. tempted terrorism on the United Syria, freely caring for their neighbors America’s Embassy should have been States: How dare the United States of being murdered by their own head of in Jerusalem 70 years ago. It should America actually stand with Israel. government. The op-ed contrasted that have been there 60 years ago. It should How dare America open an embassy in hospital to the hospital in Gaza in have been there 50 years ago, 20 years the capital of Israel. whose basement Hamas had their head- ago, 10 years ago, 1 year ago. But, for- The blame for the violence lies with quarters. tunately, America’s Embassy is where the terrorists, not America for stand- Now, for Hamas, it was a win-win sce- it belongs today—in Jerusalem, the ing with our friend. nario. Option A is that Israel refrains once and eternal undivided capital of These terrorists hated Israel, they from hitting the headquarters because Israel. hated Jews, and they hated America it is in the basement of a hospital. Jerusalem was the capital of Israel before we moved our Embassy, and That is obviously a win because then 3,000 years ago. Jerusalem is the cap- their compatriots hate America, hate the terrorist headquarters doesn’t get ital of Israel today, and the United Israel, and hate Jews after we have targeted in a military conflict. That States Government recognizes that, moved our Embassy. Their hatred— ultimately is what happened, and the and just as Harry Truman did 70 years their murderous, religious zealotry—is Israeli forces did not hit Hamas’s head- ago, is leading the rest of the world to the cause of the murder and of the vio- quarters. follow suit. lence. Option 2, from Hamas’s perspective, I yield the floor. A Hamas spokesman went further on is also a win. If Israel did strike at I suggest the absence of a quorum. TV and said that in the last round of their headquarters—a military target The PRESIDING OFFICER (Mr. confrontations, if 62 people were mar- that was launching military attacks PERDUE). Will the Senator withhold the tyred, 50 of them were Hamas, but the trying to murder Israelis—then the re- request? New York Times just said a bunch of sult would be pictures of dead bodies on Mr. CRUZ. I will. unarmed protesters were standing CNN and in the New York Times, pic- The PRESIDING OFFICER. The Sen- there when, for no reason, Israeli sol- tures of patients at that hospital being ator from Ohio. diers began shooting them. What com- used as human shields. It is Hamas de- Mr. BROWN. Mr. President, I thank plete mendacity. Hamas admits these siring the death of little Palestinian the journalists of this country, who are are Hamas terrorists. Yet the media babies—newborns in the maternity not enemies of the people and who do does all they can to hide that. ward—because they knew if Israel ac- their jobs every day, explaining com- Imagine the outrage if, when the tually took out Hamas’s headquarters, plicated issues and fighting every day American Embassy in Benghazi was at- they could take those babies, whom to do things as straightforwardly and tacked by Ansar al-Sharia in 2012, a Hamas had used as human shields, and honestly as they can. So I start with newspaper had printed: Americans kill they could count on the New York that. dozens of Libyans. By the way, that is Times. NATIONAL POLICE WEEK the exact same headline the New York Can you imagine the headline in the Mr. President, each year, during Na- Times used. Yes, protesters coming to New York Times? ‘‘Israel Bombs Ba- tional Police Week, we honor our law commit murder; soldiers fight back to bies.’’ It is not markedly different from enforcement officials and the families

VerDate Sep 11 2014 01:30 May 18, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.028 S17MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 17, 2018 CONGRESSIONAL RECORD — SENATE S2753 who support them. They all give so enforcement the same access to high- The Bush administration used the eu- much in service to their communities, tech devices to screen for fentanyl, phemism ‘‘enhanced interrogation and too many make the ultimate sac- carfentanil, and other dangerous techniques’’ to describe this kind of rifice to keep us safe. opioids. abuse. Despite their words, this was I mention the families for a very im- On Tuesday, Ohio law enforcement torture, plain and simple. portant reason. Whether it is families gathered in my office for a demonstra- The Libyan woman was halfway of soldiers, marines, deputy sheriffs, tion showing how they can use these through a pregnancy at the time. She police officers, police chiefs, or FBI screening devices to enhance their abil- was then sent to Libya, where she agents, they share the anxiety and ity to investigate drug crimes, while spent weeks in another prison, with a fears and the anxiety and concerns for protecting themselves and the Ohioans crib in the room, as though she was their loved ones, who are so important. they serve. They serve us. They protect being mocked for being with child. Her We always honor them too. us. We should do all we can in this baby was born just after her release. This year, we will add the names of body to serve them and to protect Last week, the highest levels of the 360 officers to the National Law En- them, making a very dangerous job— British Government formally apolo- forcement Officers Memorial, including jobs that police officers do every day— gized for its role in the detention and the names of 10 Ohioans. We lost six of a little safer. treatment of her and her husband. No those Ohioans years or decades ago, Some Ohio cities use these devices such apology has been forthcoming and their sacrifice will now be recog- already. One officer at the demonstra- from the United States. nized on the memorial. tion, from the Twinsburg Police De- To understand the full dimensions of We pause to honor Franklin Stone, partment, said his office could use this the CIA’s so-called enhanced interroga- Frank Morrison, Donald Orville equipment right now. Our law enforce- tion techniques is a difficult task. I McLaughlin, Martin Arnold Stanton, ment officers put their lives on the line commend Senator FEINSTEIN and her Bradley Thomas Scott, and Samuel to protect us every single day. staff for an exhaustive report, years in John Mautz. This National Police Week, we owe the making, that explains this torture We also honor four Ohioans who laid them more than gratitude. Let’s do all program in great detail. The stress po- down their lives last year: Officer we can to support the selfless men and sitions, the sleep deprivation, the David Fahey, of the Cleveland Police women who serve our communities and ‘‘walling,’’ the slapping, and the Department, the city in which I live; our country every single day. waterboarding, it is all in there, un- Mr. DURBIN. Mr. President, in De- Chief Steven DiSario, of the classified, for the public to see. cember 2012, the legendary Senator Kirkersville Police Department; Pa- Simply informing the public about from Hawaii, Daniel Inouye, passed trolman Marvin Moyer, of the Lan- what happened is not sufficient. These away. He was the longtime chairman caster Police Department; and Patrol- sad chapters in American history can- and vice chairman of the Defense Ap- man Justin Leo, of the Girard Police not be closed until there is account- propriations Subcommittee. Department. Each of these losses is a By a twist of fate, I succeeded him in ability. tragedy for a family, for a community, that role, and one of the most notable The nominee for the next Director of and for fellow police officers. surprises to me was how much of the the Central Intelligence Agency, Gina Sadly, we know already two names funding for the intelligence community Haspel, exercised a series of leadership that will be added to the Memorial came with that responsibility. positions that involved the CIA’s use of next year from Ohio: Officer Eric Together with my earlier service on these torture techniques. She was in a Joering and Officer Anthony Morelli, the Senate Intelligence Committee, I position to do something about it, had both of the Westerville Division of Po- have learned that oversight of the se- she believed this torture was wrong. lice, a Columbus suburb. They laid cret agencies of our government is one I note that many of her current and down their lives in service to their of the most challenging and important former colleagues have endorsed her communities and their country just a roles of Congress. nomination. They have spoken about few months ago, in February. It is a difficult task. Many of the her capabilities and effectiveness in We cannot begin to repay the debt we issues involved in overseeing the CIA positive terms. I do not know how owe them and we owe their families, and other agencies are highly tech- many of them have a detailed under- but we can work to support their fami- nical. Some issues present extraor- standing of her role in the CIA’s tor- lies and their fellow officers, as they dinary challenges, where the security ture program. work to keep our communities safe. of our Nation must be balanced with I met with Ms. Haspel at length and This year, as part of the bipartisan the best interests of the American peo- read documents that detailed her role spending package, we passed into law ple. All of these matters are blanketed in the torture program. She stated to the Children of Fallen Heroes Scholar- by the highest degree of secrecy. me that, as a CIA officer, she had been ship Act to increase access to edu- Despite all of these oversight chal- advised by all the appropriate legal au- cational scholarships for the children lenges, there are issues that are simply thorities that she could carry out her of public service officers killed in the black and white. The starkest of these assigned duties and remain within the line of duty. Helping their children get issues in the last two decades was the law. a quality education is the least we can CIA’s program to torture detainees at That may be the case, but that does do for these families. black sites throughout the world after not explain how a person can see an in- This spring I led a bipartisan group 9/11. dividual be subjected to waterboarding, of Senators in calling for full funding After 9/11, many Americans thought and the excruciating feeling that they of the Bulletproof Vest Partnership. long and hard about whether to torture are going to drown, and not question Last year we were able to secure $21 terrorists to gain information to stop whether that legal guidance is just. million for the partnership, which gets the next catastrophic attack. Implicit Simply labelling conduct ‘‘legal’’ officers the safety equipment they in that moral question is the assump- doesn’t make it right. need. Bulletproof vests save lives. tion that we would capture the right In fact, we now know that the Bush I hope we can soon pass the bipar- people who might have essential intel- administration twisted the law in its tisan POWER Act. I am working with ligence to save American lives. infamous torture report to justify the my colleagues Senators PORTMAN, Last week, the New York Times pub- use of torture. The Justice Depart- SCHUMER, RUBIO, MARKEY, and CAPITO. lished an article by a Libyan woman ment’s legal analysis was informed by Deadly, illegal fentanyl has become who says she was detained at a black false information from the CIA that too common, especially in my State. site in Thailand. techniques like waterboarding helped Our local law enforcement must deal Her story details how she and her obtain lifesaving information that was with it on a nearly daily basis. That is husband were taken by masked men to otherwise unavailable. why we worked on together and the a windowless room in Thailand. When But the decisive issue as to this President signed the bipartisan INTER- moved, she was bound to a stretcher. nominee is much simpler. DICT Act. It is why we need to build on She was deprived of sleep. She was The destruction of videotapes of that and give our local and State law struck in the abdomen. those interrogation sessions remains

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Further- ignore. hibited in America—no exceptions. more, she said that she supported the The CIA has provided documents for That amendment passed this body on 2015 law changes and made clear that the review of all Senators that attempt an overwhelming 90–9 vote, despite a she does not believe that the CIA to exonerate Ms. Haspel in the destruc- veto threat from the Bush administra- should be in the ‘‘interrogation busi- tion of those tapes. tion. ness.’’ She testified that, under her On December 7, 2007, the day after Now, in the twilight of a great Amer- leadership, the CIA would follow the the destruction of these tapes was first ican life, Senator MCCAIN has again law and would not resume enhanced in- reported, I asked then-Attorney Gen- spoken out against an administration terrogations and that she would not eral Michael Mukasey to open a crimi- of his own political party, urging us to seek to repeal the law. nal investigation into the destruction oppose this nomination because of the Moreover, in a letter to the vice of the tapes. This led to the so-called nominee’s complicity in torture. For chairman of the Senate Select Com- Durham investigation, led by Federal that principled stand, Senator MCCAIN mittee on Intelligence, Senator MARK prosecutor John Durham. has been subjected to crass insults by WARNER, Ms. Haspel said that she Approximately 2 weeks ago, the De- an administration that doesn’t have would ‘‘refuse to undertake any pro- partment of Justice for the first time the decency to properly and publicly posed activity’’ that is contrary to her provided only certain Members of the apologize to the McCain family. moral and ethical values, CIA’s mission Senate with the results of that inves- Ultimately, America’s strength and and expertise, or the law. ‘‘The United tigation, called the Durham Report. influence abroad rests not just with its States,’’ she said, ‘‘must be an example Few Senators even know that this re- military might, but also with the to the rest of the world’’ and ‘‘the en- port exists. power of its ideas and values, of which hanced interrogation program is not I am the vice chairman of the De- torture is the ultimate betrayal. one the CIA should have undertaken.’’ fense Appropriations Subcommittee, For these reasons, I oppose the nomi- Another issue I closely examined was which funds the CIA, and a senior nation of Gina Haspel. Ms. Haspel’s role in the Agency’s deci- member of the Judiciary Committee, Ms. COLLINS. Mr. President, I rise sion to destroy tapes involving one de- which has jurisdiction over the Justice today to express my support for the tainee who was subjected to enhanced Department. I have asked to review the nomination of Gina Haspel to become interrogation. The accountability re- Durham Report, but the Trump admin- the next Director of the Central Intel- view from then-Acting Director Morell istration has refused. ligence Agency. Ms. Haspel is an ac- exonerated Ms. Haspel and stated con- What does this report conclude? Does complished intelligence professional clusively that it was the CIA’s then-Di- it have information that was not avail- who will bring 33 years of experience to rector of the National Clandestine able during other reviews? The vast her new role. She has dedicated her en- Service who ordered the destruction of majority of Senators and the American tire life to the service of our country the tapes. As Mr. Morell, an Obama ad- public will never know before the vote and has performed extraordinarily well ministration appointee, stated: ‘‘Ms. is called on this nomination. in a number of challenging positions— Haspel did not destroy the tapes, she We have seen the CIA, which is often, in some of the most dangerous did not oversee the destruction of the tasked with providing intelligence, places in the world. tapes, and she did not order the de- take a strong stand in favor of this Ms. Haspel has widespread support struction of the tapes.’’ nomination. I do not question the right among the national security commu- I will conclude by saying that it of the administration to push for their nity. More than 50 leaders signed a bi- speaks very well of Ms. Haspel’s nomi- appointees. But I do question whether partisan letter endorsing her nomina- nation that she was reported favorably our intelligence community is compro- tion. The list includes eight former CIA by a bipartisan majority of members mising its objectivity in lobbying the Directors and Acting CIA Directors on the Senate Select Committee on In- public in favor of the nomination. who were appointed by both Repub- telligence, earning the support of both Given the secrecy over the Durham Re- lican and Democratic Presidents, rang- the chairman and vice chairman. I port, I can only wonder if we are being ing from Ronald Reagan to Barack hope that Ms. Haspel will be confirmed told just one side of the story. Obama. Michael Morell, a former CIA quickly to be the next Director of the I continue to believe that the best in- Acting Director under President CIA, and I look forward to working terest of our Nation, our Government, Obama, describes her as a person of with her in this new capacity to and the CIA is to make a clean break ‘‘deep integrity,’’ and John Brennan, counter the wide range of national se- from the odious history of torture. another former CIA Director under curity challenges facing our country. In my time overseeing the CIA, I President Obama, said she will provide Mr. BROWN. I suggest the absence of know that there are many experienced ‘‘unvarnished, apolitical, objective in- a quorum. professionals, both inside the intel- telligence input to Donald Trump and The PRESIDING OFFICER. The ligence community and outside of it, others.’’ clerk will call the roll. that are able to lead this agency with At Ms. Haspel’s hearing before the The legislative clerk proceeded to great skill and without the history of Senate Select Committee on Intel- call the roll. association with waterboarding. ligence, I questioned Ms. Haspel re- Mr. WYDEN. Mr. President, I ask It is impossible to consider this nom- garding the enhanced interrogation unanimous consent that the order for ination without thinking of our friend program that was started after the the quorum call be rescinded. and colleague Senator JOHN MCCAIN. September 11, 2001, terrorist attacks. I The PRESIDING OFFICER. Without Senator MCCAIN is an American hero. have long believed and have consist- objection, it is so ordered. He survived horrific torture as a POW ently stated that this program was Mr. WYDEN. Mr. President, as the in Vietnam and since then has spent al- completely unacceptable and that Senate moves to vote on the nomina- most five decades in honorable public waterboarding is tantamount to tor- tion to head the CIA, here is the bot- service to the country he loves dearly. ture. In fact, in 2015, I cosponsored the tom line. While the American people While Gina Haspel was accommo- McCain-Feinstein amendment to the have been told that Gina Haspel likes dating and covering up the torture pro- defense authorization bill to ensure Johnny Cash and talked to Mother Te- gram, Senator MCCAIN was the first that techniques such as waterboarding resa, Ms. Haspel has been exercising prominent Republican to speak out are never used again and that the the unprecedented power to personally against this program, which was cre- Army Field Manual governs interroga- censor any facts about her that might ated by an administration of his own tions of detainees. get in the way of her nomination. political party. In response to my questions, Ms. When the Senate votes on a nomina- I was proud to work closely with Sen- Haspel, who was not a high-ranking tion when all the relevant information ator MCCAIN on what has rightly be- CIA official at the time, indicated that is, by design, kept secret, how is this come known as the McCain torture she played no role in the creation of any different than a coverup? I regret amendment, which made it clear that the interrogation program and that she to have to say that the surrender of the torture and cruel, inhuman, and de- wasn’t even aware of its existence until Senate’s responsibility to conduct real

VerDate Sep 11 2014 01:30 May 18, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A17MY6.008 S17MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 17, 2018 CONGRESSIONAL RECORD — SENATE S2755 oversight of this nominee means that place in secret. Nominees don’t get to countability, more transparency, and Gina Haspel has been given a pass on decide what is known about them. Yet less unnecessary secrecy. all the most important and the most this core principle—core principle of Much of the attention on the nomi- relevant issues. our democracy has just been chucked nation has been about the press reports I am going to start with three. in the trash. Instead of standing up for of Ms. Haspel’s role in the CIA torture The first is this: What was her opin- the Constitution and for the American program. Throughout the process, she ion about the CIA’s torture program people, the Senate could be rewarding has flatout refused to confirm or deny when it was happening? Gina Haspel and the CIA for this ex- if she had any connection to it. How The Washington Post newspaper re- traordinary and self-serving abuse of can this possibly be classified? Three ported that unnamed officials were power. years ago, the Senate Intelligence pushing back against accusations that With respect to other issues, it is im- Committee released a 500-page execu- she has supported torture. portant to note that the Agency— tive summary of the torture report. Now, Ms. Haspel said she learned again, under the direction of Ms. The CIA released a long and detailed about the program in 2002. I believe it Haspel—has also conducted an unprece- response. What the CIA did to all those is especially important to know what dented influence campaign to promote detainees is now officially declassified. her views were later, between 2005 and her confirmation. This, too, is wrong. Former CIA officers have written 2007, when the CIA itself was winding The CIA, like every government agen- whole books about it. How in the world the program down. At that time, did cy, works for the American people. It is can you say Ms. Haspel’s reported in- Ms. Haspel call for the program to be not supposed to use its enormous power volvement in the program is classified? continued or expanded? I asked her to serve the personal interests of who- You can do it because she says so, and that in an open intelligence meeting. ever is running it. The classification she is the boss. She did not come close to answering rules are there for national security. At one point, I asked Ms. Haspel that crucial question. They are not there for the political se- whether opinions about the CIA tor- No. 2, what was her role in the de- curity of an individual. They are there ture program expressed by CIA officers struction of the torture tapes? The to protect the dedicated women and were classified. I wasn’t even asking nominee’s story here is riddled with men who undertake dangerous mis- then about anyone’s involvement in holes, and key facts have been covered sions undercover. They are not there to the program, just what people might up. shield a nominee for a Senate-con- have thought about it. Ms. Haspel One matter that we know about is firmed job from scrutiny. wouldn’t answer that question either. that her boss at the time, Mr. Jose I and a number of my colleagues have She said that even the matter of Rodriguez, has publicly contradicted looked at the classified information whether those opinions are classified is her account of the handling of the de- about Ms. Haspel and have concluded it itself classified—downright Orwellian, struction of the torture tapes to a Pul- can be released to the public without in my view. itzer Prize-winning journalist. compromising sources and methods. We In a democracy, there have to be No. 3, how can the Senate possibly asked how she could justify keeping it some basic rules about what is and take seriously Ms. Haspel’s confirma- secret. Her answer almost always is, what isn’t classified. We are seeing a tion conversion on torture that was that is how ‘‘we always protect our of- replacement of those rules with essen- submitted on the eve of a crucial vote? ficers.’’ tially the whims of leaders who aren’t There has been a lot of reporting in I want people to understand what is accountable. Secret law—the classi- the press saying that she personally wrong with that statement. Of course, fication of legal interpretations rather played a role in the CIA torture pro- the CIA must protect undercover CIA than sources and methods—is a serious gram. The American people deserve to officers. I don’t take a backseat to any- problem, including at Ms. Haspel’s CIA. know whether those reports are true. body in this Chamber for protecting Information that doesn’t need to be Every single material question to her those people who are undercover. In classified to protect national security about them has been met with fact, I wrote a law, along with Senator is being covered up for political pur- stonewalling and evasion. Instead of Bond, our former colleague, increasing poses. real responses, Ms. Haspel offered pos- the penalty for outing people who are Speaking of Orwell, the classification sibly the latest confirmation conver- undercover. Gina Haspel is not under- rules themselves are going to be classi- sion in history, 16 years after she first cover. She is asking the U.S. Senate to fied. I have been concerned about this learned about the torture program and be vested with a position that would tendency for years. I want to empha- only just before a vote on her con- make her one of the most public and size, I have made this clear to political firmation. visible intelligence leaders in the leaders of both political parties, and I Over and over again, I and other Sen- world. continue to believe that. But if the CIA ators have insisted that Ms. Haspel de- This is not an undercover job. It is and Ms. Haspel can get away with all classify information about her back- one of the most visible national secu- this, the worst is yet to come. ground that would not in any way com- rity positions, not just in our country As I have been saying since she was promise the safety of the American but in the world. It ought to be accom- nominated, I have a host of concerns people. This is information that is di- panied by accountability, and hiding about all of these issues. I hope Sen- rectly relevant to her nomination. In behind the protections that are rightly ators will exercise independent judg- the language of the Intelligence Com- given undercover officers to advance ment. There is a classified Intelligence munity—I have read it—the over- her career I find absurd. Committee minority memo about Ms. whelming bulk of this information can I wish to also note that her classi- Haspel, and I hope every Senator will be declassified without compromising fication decisions are in violation of read it and ask themselves publicly, ‘‘If sources and methods. Yet every single Executive Order No. 13526. For decades, the American people actually knew time a Senator pushed for declassifica- the intelligence community has been about all this, how would I vote?’’ tion, Gina Haspel said no. Despite our barred from keeping information clas- What I can say is, her classified com- repeated requests, she decided she sified to prevent embarrassment or ments about her background have been would not allow the American people conceal violations of law or adminis- as troubling as her public testimony. to know who she is and what she has trative error. It is pretty clear those What I can say is, when I did get un- done. rules are not high up on Ms. Haspel’s classified responses to my questions, This has been—and, again, it is pain- priority list. they certainly were not assuring. Pub- ful to have to say this—a stark failure What I am especially worried about— lic discussions about the CIA have gen- of Senate oversight, and it is about as I am going to go into this—is that if erally been about overseas operations flagrant an example as I have ever you can violate the classification rules affecting foreigners. It has been dec- seen. The Senate should have stood up to get confirmed, the Senate says: Oh, ades since the public really focused on to this self-serving abuse of power, but no big deal, it is going to get done the danger that the CIA could violate it did not. again and again. the privacy of Americans, but the dan- For me, it is democracy 101 that con- Last time I looked, most Americans ger is there, and hard questions ought firmations are not supposed to take believed this country needs more ac- to be asked.

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The CIA can con- he chaired, and I will talk a little that the CIA attributed to torture duct these backdoor searches of Ameri- about that, but he sure sums it up came from other sources. When the cans without a warrant. That creates a right on torture. He says: It is wrong. committee looked at the CIA’s own danger of reverse targeting, which is It harms America because of the state- records, it found that key intelligence when the government, in this case the ment it makes about American values was provided by detainees before the CIA, targets a foreigner to find out around the world. Then he points out it CIA engaged in the torture. It is these what an American is saying. is not effective. kinds of documented facts that have One way to help prevent reverse tar- Since the program has been largely made Ms. Haspel’s statements so trou- geting is to recognize that when the declassified, it can be discussed openly. bling. government is conducting lots of back- The CIA captured innocent people. It Why are her equivocations about the door searches on Americans and then tortured dozens of detainees. It didn’t effectiveness of torture so important? I sending around reports on those Ameri- just waterboard people. The CIA placed think we all remember the campaign in cans, maybe it is the Americans whom detainees in ice water. It kept them the fall of 2016, when then-Candidate the government is really interested in. awake for a week. It stuffed detainees Trump said: ‘‘Torture works.’’ It seems By the way, the privacy board agrees in small boxes. The list goes on and on. to me that it is not in America’s inter- with it, and so does the current Assist- They were always worse than how they est to have a CIA Director who re- ant Attorney General for National Se- were described to Congress or the De- sponds with: Well, there are a lot of as- curity. partment of Justice. pects to the issue, and I am not happy Given all that—the prospect of what Through it all, it seemed that the about how the Agency was perceived in it would mean for Americans—I asked CIA and the government had not really terms of what it did. Ms. Haspel about it. Again, what I got held anybody accountable. The CIA With regard to JOHN MCCAIN, like a back were plenty of words but nothing also provided numerous false claims to lot of Senators, I am thinking now that provided any assurance that the the Department of Justice, to Con- about some of the big battles and CIA has any system at all for guarding gress, and to everybody else about tor- tough fights that we had a chance to against reverse targeting of Americans ture. work on together. I became Oregon’s under the Foreign Intelligence Surveil- Now, I have never been a big believer first new Senator in almost 30 years. lance Act. in confirmation conversions. My gen- Oregon has always been about wood Also, the Agency collects a lot of in- eral take is that nominees will say products, and it always will be. I said I about anything to get confirmed, but telligence under an Executive Order would go to the Senate and fight like Ms. Haspel’s statement with respect to known as 12333. I wanted to know if the crazy to get more jobs to those rural torture has to be the most delayed and Agency was conducting backdoor areas and try to get Oregon and our the most grudging confirmation con- searches on Americans through that country into some new fields. version in history. She said she learned data. The current Director of the Na- It is not generally known, but in about the torture program in 2002. It tional Security Agency told me that those days, JOHN MCCAIN had just be- took 16 years before she was willing to when the NSA conducts searches of come the chairman of the Commerce Americans, those searches have to be say anything critical about it. I mentioned asking her about her Committee. approved on a case-by-case basis, with I went to him, and I asked: Mr. views when the program was winding probable cause, by the Attorney Gen- Chairman, why don’t you and Chair- down. That was not something that eral. The NSA doesn’t actually have to EAHY was a debatable proposition, as it was man L , who has been a stalwart on go to court, which is a concern. But in public source materials. The CIA these issues, lead an effort to try to those requirements create meaningful was winding down the program. It was write the rules of the road for the hurdles to abuse. I thought it was im- capturing fewer people and no longer internet? portant to ask about the CIA: When using the waterboarding. By and large, there were not any. can the CIA conduct backdoor searches So what were her views on the pro- He kind of smiled at me—that quin- of Americans? gram? I asked her specifically because tessential JOHN MCCAIN smile—and ba- The response I got from Ms. Haspel is it was in public sources. When the sically said: Why don’t you go out and that the searches are authorized if they Agency was winding down the program, figure out how to do it, and we will are designed to get information related was she for continuing it or even ex- have a hell of a good time in making to the CIA’s activities. That means panding it? I asked her twice—in the the case. there is no standard at all on backdoor hearing and in a written question. Her Under JOHN MCCAIN’s leadership, searches of Americans. quote was that she was ‘‘committed.’’ what we did was to, in fact, write the I have mentioned these two unclassi- Figure out what that means. To me, rules of the road for 10,000 taxing juris- fied examples because they show how that is about as clear an evasion of a dictions in America. As a result of vague the rules are and how easily the very important issue as I can find. those early days, you can’t discrimi- CIA could violate the privacy of Ameri- Apropos of the present, usually nomi- nate against electronic commerce, cans. That is why it is important to nees offer their confirmation conver- which would have clobbered the inter- have leaders at the Agency who believe sions before the eve of the key vote. I net with thousands of discriminatory in the privacy of the American people had mentioned that this was awfully decisions. There were digital signa- and who are committed to protecting grudging. The Agency shouldn’t have tures. We wrote the regulatory rules it, protecting Americans—protecting undertaken a torture program, she for social media that are often cited as Americans even if sometimes a lawyer said, because it did damage our officers creating $1 trillion worth of wealth in says something might be technically and our standing in the world. the private economy. legal. I don’t believe Gina Haspel will That is true, but at no time did she To a great extent, JOHN MCCAIN be that kind of leader. ever express regret or anything that re- brought his typical passion to those Before I wrap up, there are a couple flected that this was just plain wrong. new areas that he would be the first to of other matters with respect to the She offered up the classic Washington, say he didn’t know everything about, torture program. I mentioned that almost nonapology. She was not sorry but he said: Hey, look, we ought to do since the torture program has been for what the Agency did. She was just something that is in America’s inter- largely declassified, it can be discussed not happy with how it was perceived. est. openly. Senator MCCAIN, whom we ad- Worse still are some of the justifica- We didn’t care about Democrats, and mire so much, said last week that Ms. tions for the torture program that she we didn’t care about Republicans.

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JOHN MCCAIN has urged with Mr. Rodriguez. serve to know more than that Gina the Senate to reject her nomination. So what did she do? She knew that Haspel likes Johnny Cash while she is JOHN MCCAIN has been a towering au- the destruction of evidence had been simultaneously exercising the power to thority on this issue and has been a ordered over everyone’s objections. Did censor the facts about her background. guiding light for the Senate on na- she intervene to stop the destruction I urge colleagues to reject this nomina- tional security policy. I also just men- before it happened? Did she tell the tion. tioned something I don’t think any- lawyers in time for them to intervene? Mr. President, I yield the floor. body knew, which is about writing the Did she tell the White House? Did she The PRESIDING OFFICER. The Sen- rules of the road for the internet. tell the head of national intelligence? ator from Arkansas. It is my hope that JOHN MCCAIN’s Did she just let it happen? Mr. COTTON. Mr. President, the Di- powerful and unimpeachable views on These are central questions because rector of the Central Intelligence the issue of torture and this nominee they tell us what kind of leader Ms. Agency is not as old an office as some will continue to be heard today and Haspel is. In order to get confirmed, others in the President’s Cabinet, but well into the future. There is no great- she has made all kinds of promises it is no less important. The Director’s about standing up for what is right and er voice on this subject than JOHN job is to provide the critical informa- rejecting inappropriate orders. But MCCAIN’s. tion on which the President’s national I want him to know how grateful I what did she do when she knew an security decisions are based. For this am for his leadership on this and how, order had been sent to destroy evidence reason, Presidents of both parties have in the days ahead, I look forward to, over the objections of lawyers and ev- chosen seasoned statesmen to serve hopefully, being able to tell my grand- erybody else? There is no record of her this post, men like Allen Dulles, doing anything to stop it. children what a man of stature and George H.W. Bush, Bob Gates, and I offer this small window into her Mike Pompeo. Out of respect for the public service really brought to the background because, I think, we all Senate. I hope Senators will reflect on CIA’s integrity and professionalism, ought to be asking how might she react they often kept in office Directors who that before they vote. when confronted with an illegal, im- Throughout this nomination process, had been appointed by their prede- moral, or inappropriate direction. cessors. That is because partisanship there were not a whole lot of topics I mentioned what the President said that were declassified. So I am just has no place at the CIA. earlier in the campaign—that he would The national interest must be upper- going to share a story about Ms. Haspel bring back a hell of a lot worse than most in our minds, which is why I will and the destruction of the videotapes. waterboarding. He has praised Ms. There is important information in be voting to confirm Gina Haspel as Haspel for being tough on terror. You our next CIA Director. Secretary the report by U.S. Attorney John Dur- don’t have to be Picasso to connect the ham that most Senators were not al- Pompeo left the Agency in good shape, dots about what the dangers are here. and Ms. Haspel was his very capable lowed to see. Like everything else Other than a few belated promises that Deputy. Moreover, few people have con- about her career, the information that were made to get confirmed, what evi- tributed as much to the CIA’s recent reflects poorly on Ms. Haspel gets cov- dence is there, actually, to suggest successes as Ms. Haspel. She has 33 ered up, but we did learn some things that Ms. Haspel would really push years of experience working for the about Ms. Haspel and the destruction back? Agency, serving first on the frontlines of the torture videotapes. For one, she I close, simply, with this. I have an of the Cold War and later on the wrote the cable that authorized the de- enormous amount of respect for the frontlines of the War on Terror. If con- struction. Second, she was an advocate good work being done by those at the firmed, she would also be the first for destroying the tapes and was in- CIA. The nature of the secret, risk-tak- woman to lead the Agency. volved in what former Acting Director ing work that they do is an extraor- Given her many accomplishments, Mike Morell called ‘‘efforts to press for dinary service to the American people. her diligence, dedication, and her fierce and facilitate a resolution of the mat- My concern is that when something love of country, I am astonished and ter.’’ That is a lot more than drafting goes off the rails, it is going to be be- disappointed at the controversy over a cable. cause of a variety of scenarios that will the nomination of this great American. Especially problematic for Ms. not have a lot to do with their good After all, Ms. Haspel is a career profes- Haspel and her boss, Jose Rodriguez, is work. For example, it could be because sional whose record of achievement that there were reservations or there there is a CIA Director who sees every speaks for itself. was even outright opposition from the lawyer’s approval as a green light and She joined the Agency in 1985, work- White House, the head of national in- every lawyer’s warning as an annoy- ing as a case officer for several years in telligence, the CIA, and the Congress ance. It could be because CIA leader- both Africa and Europe. Over time, she to the destruction of the tapes. So Mr. ship decides to hide from public scru- rose up the ranks, serving first as Chief Rodriguez decided to go it alone and tiny information that need not be clas- of Staff and then as Deputy Director of sent the cable Ms. Haspel had drafted sified. the Directorate of Operations. She without telling the lawyers, the CIA My concerns about Ms. Haspel are served as Chief of Station—the officer Director, or anyone else. not a matter of history. I have con- responsible for overseeing all of the Here is where Ms. Haspel’s story cerns about what she is saying today, CIA’s work in a foreign country—four about the destruction of the tapes real- both about her background and about different times. ly runs into trouble. Jose Rodriguez, current programs. I am concerned that Having served under six different her boss, gave an interview in which he after we have heard from JOHN MCCAIN Presidents from both parties, Ms. told Ms. Haspel in advance that he was and each of us has reflected, as I have Haspel has never been a partisan. She planning on sending the cable without briefly, on our extraordinary experi- is a professional whose many years of seeking authorization. So I asked her ences with this unique public servant, work command respect throughout the about that story. She denied it. I don’t we will still have to make a judgment CIA. She has never avoided controversy know who is telling the truth. Yet here here. I hope that colleagues, when they to protect her own career. we are, voting on this nominee without vote in a little bit, will recognize that Time and again, Ms. Haspel sought our having this direct contradiction in there is much more that the full Sen- out danger. She raised her right hand any way resolved. ate and the American people have a and volunteered for some of the Agen- Then there is the question of what right to know. I believe that if they cy’s most dangerous assignments. happened after the cable was sent but did, they would join Senator MCCAIN It was on September 11, 2001, after before the tapes were actually de- and me in opposing this nomination. seeing the first plane hit the World

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That is the kind of of the CIA if we don’t confirm her or, already knew: She believes that U.S. woman Gina Haspel is. for that matter, what message the Government actions must be held to a It is true that because of her willing- overwhelming Democratic opposition strict moral standard. If confirmed, she ness to take on a tough job, she was to her nomination sends them. Does would not obey an order she believed to present for some of the most difficult anyone doubt that if President Obama be unlawful, and in her new role, she decisions about how to protect Amer- or a President Hillary Clinton had pledged not to restart the interroga- ica in the days after 9/11. Yes, she was nominated Ms. Haspel, she would easily tion programs inside the CIA. Of around when the Agency was respon- have received 80 or 90 votes? course, that could not happen without sible for the detention and interroga- The message, I would submit, is this: consultation and approval of Congress tion of notorious terrorists, but there Be careful. If you participate in a pro- because the standard has literally has been so much misinformation gram that the Commander in Chief has changed since the immediate post-9/11 spread about what she did that I want approved, that the Congress has been era. to set the record straight. fully briefed on, that the Attorney Based on her testimony, her record of Ms. Haspel didn’t start this program. General has legally authorized, and service, and her exemplary character, She didn’t even know it existed until a that the CIA Director supports, you it is clear that the only real option for year after it began. In fact, NANCY still may land in the dock when a new the Intelligence Committee was to re- PELOSI learned about this program be- President comes along with new law- port her out favorably. fore Gina Haspel did. yers. So maybe it is better to hide out Our colleagues on the other side who She did not ‘‘cheerlead’’ the program, at the Swiss desk. have objected to this nomination have as some Senators have wrongly That is a recipe for a timid, hesitant an opportunity to join a couple of their claimed based on a book—the author of intelligence community, and that is a Members who have already come on which later issued a correction on this risk to us all. over and acknowledged that she is the very point. I can tell you, Gina Haspel’s skill and best qualified nominee in the Agency’s Other Senators claim they are wor- expertise are widely known and re- history. ried about the message that would be spected on both sides of the aisle. Our colleague, the senior Senator sent by confirming Ms. Haspel. I con- President Obama’s former CIA Direc- from Virginia and vice chairman of the fess, I am amazed that these Demo- tor, Leon Panetta, said that he was Intelligence Committee, Mr. WARNER, crats say they can’t in good conscience glad the President nominated Ms. voted yesterday on Ms. Haspel’s behalf. vote on the confirmation of Ms. Haspel, Haspel because she ‘‘knows the CIA in- He praised her as an independent voice who was a midlevel employee when the side-out.’’ Another one of President and found it noteworthy that she would program was active, yet they voted in be the first operations officer in more 2013 to confirm John Brennan, who was Obama’s CIA Directors, John Brennan, than five decades to lead the Agency. the No. 4 ranking official at that time. said that Ms. Haspel ‘‘has the experi- While I am at it, let me also say that ence—the breadth and depth—on intel- Generally speaking, you have ana- she did not destroy any tapes of those ligence issues.’’ And former CIA Direc- lysts and you have the case officers interrogations; she simply wrote the tor Michael Hayden, who served under who actually handle the cases and do draft cable for her boss, the Director of both Presidents Bill Clinton and the important intelligence-gathering Operations, which authorized their de- George W. Bush, has called Gina Haspel work from a human intelligence per- struction. He released the cable, he has a ‘‘great choice’’ and ‘‘highly re- spective at the Agency, and that is the acknowledged, without her advance garded.’’ These are just three of more work she has been involved in for more knowledge. In fact, the former Acting than 50 former national security offi- than 30 years. She would be the first of- Director of the CIA, Mike Morrell, cials who signed a letter to the Senate ficer in more than five decades to have later conducted an investigation and Intelligence Committee supporting her that sort of experience and the credi- cleared Ms. Haspel of any wrongdoing, nomination. bility that goes along with it. and the special counsel who reviewed As a member of that committee, I The senior Senator from Virginia, the matter closed the case without fil- worked with Gina Haspel during her Mr. WARNER, is joined by the senior ing any charges. time overseas and as Deputy CIA Di- Senator from West Virginia, Mr. Would holding her responsible for rector, and I can attest to her profes- MANCHIN, who also sits on the Senate drafting a cable at her boss’s direction sionalism, her work ethic and, most Select Committee on Intelligence, as make any more sense than holding important, her character. This is a well as the junior Senator from North Senate staffers responsible for the bor- skilled, brave, patriotic woman who Dakota and others. In other words, ing speeches their bosses give on the will serve our country with distinction there are a number of Democrats now Senate floor? in this most critical post. Her dedica- who have decided that it is not in the Yes, I know there are political offi- tion to our country throughout her life Nation’s best interest to oppose Presi- cials in the government who had ex- is complete, and that is why I will be dent Trump’s nominees just because pressed reservations about destroying proud to cast my vote for the confirma- they happen to be President Trump’s those tapes, but no lawyer at any time, tion of Gina Haspel, and I urge all Sen- nominees. anywhere in the government, said ators to do the same. Now I want to talk about some of the there was a legal prohibition against Thank you, Mr. President. stated objections and why I don’t be- their destruction. Moreover, there is a I suggest the absence of a quorum. lieve they hold any water, but I am clear, written record of those very The PRESIDING OFFICER. The glad for this movement in the right di- events. clerk will call the roll. rection, which will allow us to confirm On these matters, it is not enough to The senior assistant legislative clerk her today. express reservations. CIA officers in proceeded to call the roll. I appreciate all of our colleagues the field deserve a clear answer, yes or Mr. CORNYN. Mr. President, I ask carefully examining Ms. Haspel’s no. unanimous consent that the order for records. A number of people I have If anyone was to blame, it wasn’t Ms. the quorum call be rescinded. talked to about the nomination said Haspel or her boss; it was politicians The PRESIDING OFFICER. Without they wanted to do their due diligence. who didn’t want to take the heat for a objection, it is so ordered. Well, that is our job, and I don’t be- controversial decision either way. Mr. CORNYN. Mr. President, yester- lieve any nominee should be So what is really at issue here? What day the Senate Intelligence Committee rubberstamped. I know they have re- message will we send if we reject her voted Gina Haspel’s nomination out fa- viewed her record, and they have met

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To begin with—and I have the full story of the tapes’ destruction to the President and other policy- listened to Senators on both sides—I do before we are asked to vote on Ms. makers in the Federal Government. not question Ms. Haspel’s commitment Haspel’s nomination today. Her loyalty, of course, is not to a po- to our country or to our national secu- This is just what we know through litical party, after all, because she is rity that, I think, she has established. public reports. There is much more the nonpartisan, but she owes her loyalty But what I question is her judgment American people don’t know about Ms. to the American people, whose safety and her fidelity to a core value of our Haspel’s actions because it remains and security she has made her life’s Nation: that all people have certain in- classified. The American people have work. alienable rights. Underlying these in- been kept in the dark in part because Comparisons have rightfully been alienable rights is our belief in the Ms. Haspel herself has been responsible drawn between the upcoming confirma- basic dignity of human beings, a dig- for what information about her record tion vote for Ms. Haspel and the 2013 nity that is incompatible with inhu- is declassified. It is a brazen conflict of confirmation vote of John Brennan, mane practices like torture. Torture interest that Ms. Haspel can decide former Director of the CIA under Presi- should never be part of America’s way what to release and what to conceal dent Obama. The vast majority of of leading the world. about her past. The CIA has declas- Democrats had no problem voting for During the height of the CIA’s tor- sified glowing facts about Ms. Haspel’s Mr. Brennan, and so I believe they ture program, Ms. Haspel ran one of work with Mother Teresa, but refuses should have no problem voting for Ms. the Agency’s most notorious ‘‘black to disclose basic information that Haspel because, first of all, Mr. Bren- sites’’ in Thailand. There, under her would shed light on her past actions nan supports her. Of course, he was the leadership, brutal torture techniques and what values would guide her as No. 4 person at the CIA during this pe- were employed. From available ac- CIA director. This process has been re- riod post-9/11 when the rendition, de- counts, according to that which has duced to a farce. tention, and interrogation programs been made public, this included I have reviewed classified materials were carried out in full compliance waterboarding detainees, slamming on Ms. Haspel’s long career at the CIA, with then-stated law from the highest them against walls, and confining them and I find these materials to be deeply legal authority available, the Office of in coffin-shaped boxes for extended pe- disturbing. I am not able to discuss any Legal Counsel. We have also seen oth- riods of time. of the details revealed in these mate- ers in the Obama administration sup- At the time, there was a benign eu- rials, again, because Ms. Haspel has de- port Ms. Haspel as well. phemism for this treatment. It was cided to keep them cloaked by classi- I have said it before, and I will say it called ‘‘enhanced interrogation tech- fication. Candidly, I do not believe a again: Those people who know Ms. niques.’’ But we know better. This Senator can provide his or her in- Haspel best, who have worked along- wasn’t ‘‘enhanced interrogation tech- formed consent to this nominee with- side of her on a daily basis in undis- niques.’’ This was government-sanc- out first reviewing these materials. closed locations around the world, tioned torture, pure and simple. Tor- Now, I recognize, and I must say I ap- doing the Nation’s important work, ture is immoral. Torture is inhumane. preciate, that Ms. Haspel has com- like this woman, admire her, respect Frankly, torture is un-American. I mitted to not allowing the CIA to res- her, and think she is the best of the agree with our colleague Senator JOHN urrect the use of torture if she is con- best. MCCAIN—he is one who speaks with a firmed. I also recognize that that com- I speak for many when I say that we distinct moral clarity on this issue— mitment, while commendable, is not appreciate Ms. Haspel’s willingness and that Ms. Haspel’s refusal to condemn optional. Torture is illegal; that is sim- desire to serve in this new and never- torture as immoral is disqualifying. ply what the law demands. easy capacity. I hope we can confirm For that reason alone, I cannot, in But what about the next immoral ac- her in short order so she can get back good conscience, support her nomina- tion that this President might ask her to work and continue to do the work tion. to commit? Should we trust that she that she loves and that our Nation But it is worse than that. Ms. Haspel will have the moral compass to stand needs. also reportedly advocated for destroy- up and say ‘‘no’’? Based on what we I yield the floor. ing the videotapes of these torture ses- have seen, I do not. The PRESIDING OFFICER. The Sen- sions—now, that was against the ad- The world is watching closely today. ator from Vermont. vice of the CIA’s own lawyers. More Our allies and our enemies—and our Mr. LEAHY. Mr. President, the Sen- than that, it was in contravention of a own future generations—will view this ate has often been called the world’s Federal judicial order requiring that vote as nothing less than a referendum greatest deliberative body, where we they be preserved. The CIA’s former on torture. If the Senate—this body can thoroughly and respectfully debate general counsel said Ms. Haspel was that I cherish—gives its blessing to a weighty matters, regardless of pres- one of the ‘‘staunchest advocates . . . nominee who is synonymous with the sures imposed by any given moment. for destroying the tapes.’’ Notwith- CIA’s interrogation program, then the While we do not always live up to this standing the advice of the CIA’s law- demons of our past—from Abu Ghraib ideal, it is one for which we should al- yer, notwithstanding the federal judi- to the CIA’s black sites—may haunt us ways strive. The Constitution entrusts cial order, she claimed that destroying anew. us with the task of serving as a check the tapes was necessary to protect the I do not believe that this blight on against the executive branch, providing security of CIA officers conducting our history represents who we are or our advice and—if appropriate—our these interrogations. what we stand for. I really do not be- consent to the Executive’s nominees to But that explanation withers under lieve that this is the soul of America. lead our government’s most critical even the slightest scrutiny. If that But it is a terrible mistake. I believe agencies. During my time here, at its were really the concern, then the CIA we must clearly demonstrate that we best, the Senate can be and actually could easily have copied the tapes with are capable of learning from and mov- should be the conscience of the Nation. the officers’ faces blacked out and only ing beyond our darker chapters as a na- So as we move to vote on the nomi- then destroyed the originals. All of us tion. If we make a mistake, we should nation of Gina Haspel, with very little are used to seeing news items with the admit it and take steps not to have it debate and gaping holes in her record, faces of certain witnesses and others happen again. For that reason, I will I fear the Senate is failing to fulfill its blacked out. Nor do we have access to vote no on Ms. Haspel’s nomination. basic duty to provide advice and in- the only independent account of Ms. Mr. President, I do not see another formed consent to her nomination. Re- Haspel’s role in the destruction of the Senator seeking recognition.

VerDate Sep 11 2014 04:48 May 18, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.038 S17MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2760 CONGRESSIONAL RECORD — SENATE May 17, 2018 I suggest the absence of a quorum. stinct to punish ZTE for this behavior Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The was the right one. move to bring to a close debate on the nomi- clerk will call the roll. So it was puzzling to hear, as we did nation of Gina Haspel, of Kentucky, to be Di- The senior assistant legislative clerk this past Sunday, that the President rector of the Central Intelligence Agency. Mitch McConnell, Thom Tillis, James proceeded to call the roll. instructed the Commerce Department Lankford, John Cornyn, Mike Crapo, Mr. FLAKE. Mr. President, I ask to find a way to ease that punishment. Roy Blunt, John Hoeven, David Perdue, unanimous consent that the order for First the President tweeted that the Lindsey Graham, Pat Roberts, Johnny the quorum call be rescinded. restrictions needed to be eased because Isakson, John Boozman, James E. The PRESIDING OFFICER. Without they would cost China too many jobs. Risch, John Thune, Todd Young, Ron objection, it is so ordered. It now appears that this concession is Johnson, Cory Gardner. Mr. FLAKE. Mr. President, I rise part of a deal that, if reached, would The PRESIDING OFFICER. By unan- today— have the Chinese Government agree to imous consent, the mandatory quorum (Disturbance in the Visitors’ Gal- remove tariffs on U.S. agricultural call has been waived. leries.) products. It must be noted that these The question is, Is it the sense of the The PRESIDING OFFICER. There are the same tariffs that China levied Senate that debate on the nomination will be order in the Chamber. in retaliation for the steel and alu- of Gina Haspel, of Kentucky, to be Di- The Sergeant at Arms will restore minum tariffs announced, and now rector of the Central Intelligence order in the Chamber. being haphazardly applied, by this ad- Agency, shall be brought to a close? (Disturbance in the Visitors’ Gal- ministration. The yeas and nays are mandatory leries.) Make no mistake, what we are wit- under the rule. The PRESIDING OFFICER. The Ser- nessing here is a nascent trade war— The clerk will call the roll. geant at Arms will restore order in the tariffs leading to tariffs leading to ill- The assistant bill clerk called the Chamber. advised concessions, haphazard exemp- roll. The Senator from Arizona. tions, and so on and so on. Meanwhile, Mr. CORNYN. The following Senators ZTE businesses suffer from increased uncer- are necessarily absent: the Senator Mr. FLAKE. Mr. President, I rise tainty, our national security is threat- from Arizona (Mr. MCCAIN) and the today disturbed by the President’s re- ened, and international allies find Senator from Indiana (Mr. YOUNG). cent decision to consider easing pen- themselves dealing with an American Further, if present and voting, the alties placed on the Chinese tele- foreign policy characterized only by Senator from Indiana (Mr. YOUNG) communications company ZTE. chaos and unpredictability. would have voted ‘‘yea.’’ Looking at ZTE’s history of decep- Punitive measures like sanctions The PRESIDING OFFICER (Mr. CAS- tion and dishonest business practices, work only when they are consistently SIDY). Are there any other Senators in it is deeply troubling to see these pen- executed. How is any other nation the Chamber desiring to vote? alties cast aside so carelessly in pur- meant to take threats of U.S. sanctions The yeas and nays resulted—yeas 54, suit of what appears to be a type of seriously when we enforce them some nays 44, as follows: chaotic diplomatic improvisation that of the time and toss them aside other [Rollcall Vote No. 100 Ex.] has become standard operating proce- times when we feel like it? What does YEAS—54 dure with the administration. such unpredictability say to our allies Alexander Flake Murkowski Let me briefly outline ZTE’s past ac- about our ability to lead on global Barrasso Gardner Nelson tions in order to refresh everyone’s issues and our reliability as a partner Blunt Graham Perdue memory on how the company came to in the future? Boozman Grassley Portman face such serious punitive measures. We are making a mockery of the Burr Hatch Risch Capito Heitkamp Roberts In 2016, the U.S. Department of Com- rules-based international order that we Cassidy Heller Rounds merce concluded an exhaustive inves- helped establish. Our foreign policy, Collins Hoeven Rubio tigation, finding that ZTE had know- whether it relates to trade or security, Corker Hyde-Smith Sasse Cornyn Inhofe Scott ingly sold products made with Amer- must be characterized by stability and Cotton Isakson Shaheen ican technology to Iran, North Korea, predictability, not confusion and Crapo Johnson Shelby and other countries banned from re- chaos. Cruz Kennedy Sullivan ceiving such technologies. ZTE vio- We are at our best when our allies Daines Lankford Thune Donnelly Lee Tillis lated these sanctions and engaged in a and our adversaries know where we Enzi Manchin Toomey deliberate attempt to cover it up. stand. Let us return to that standard. Ernst McConnell Warner Once ZTE’s deception was uncovered, I yield the floor. Fischer Moran Wicker the Obama administration announced The PRESIDING OFFICER. The ma- NAYS—44 imminent implementation of export re- jority whip. Baldwin Harris Paul strictions that would deprive ZTE of Mr. CORNYN. Mr. President, I ask Bennet Hassan Peters American technology crucial to the unanimous consent that notwith- Blumenthal Heinrich Reed standing rule XXII, the cloture vote on Booker Hirono Sanders manufacturing of its products. Brown Jones The threat of sanctions brought ZTE the Haspel nomination occur at this Schatz Cantwell Kaine Schumer to agree to settle the matter, and one time; further, that if cloture is in- Cardin King Smith year later, ZTE signed a settlement, voked, all postcloture time be yielded Carper Klobuchar Stabenow Casey Leahy Tester which included more than $1 billion in back and the Senate immediately vote Coons Markey Udall fines, the creation of audit and compli- on the nomination; and that if con- Cortez Masto McCaskill Van Hollen firmed, the motion to reconsider be Duckworth Menendez ance requirements to avoid future vio- Warren lations, and a promise to punish those considered made and laid upon the Durbin Merkley Feinstein Murphy Whitehouse individuals involved in past violations. table and the President be immediately Gillibrand Murray Wyden Last month, after ZTE was found to notified of the Senate’s action. have violated the terms of the settle- The PRESIDING OFFICER. Is there NOT VOTING—2 ment and to have then sought to de- objection? McCain Young ceive the U.S. Government about those Without objection, it is so ordered. The PRESIDING OFFICER. On this violations, the Commerce Department CLOTURE MOTION vote, the yeas are 54, the nays are 44. announced a 7-year ban on the export Pursuant to rule XXII, the Chair lays The motion is agreed to. of U.S. components to ZTE. before the Senate the pending cloture Under the previous order, all In essence, ZTE has repeatedly en- motion, which the clerk will state. postcloture time is expired. gaged in malign activity by delib- The senior assistant legislative clerk The question is, Will the Senate ad- erately misleading the government for read as follows: vise and consent to the Haspel nomina- years, all while attempting to deliver CLOTURE MOTION tion? American technologies into the hands We, the undersigned Senators, in accord- Mr. ROUNDS. I ask for the yeas and of State sponsors of terrorism. The in- ance with the provisions of rule XXII of the nays.

VerDate Sep 11 2014 03:33 May 18, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G17MY6.039 S17MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 17, 2018 CONGRESSIONAL RECORD — SENATE S2761 The PRESIDING OFFICER. Is there a CLOTURE MOTION CLOTURE MOTION sufficient second? Mr. MCCONNELL. I send a cloture We, the undersigned Senators, in accord- There appears to be a sufficient sec- motion to the desk. ance with the provisions of rule XXII of the ond. The PRESIDING OFFICER. The clo- Standing Rules of the Senate, do hereby The clerk will call the roll. ture motion having been presented move to bring to a close debate on the mo- The legislative clerk called the roll. under rule XXII, the Chair directs the tion to concur in the House amendment to S. Mr. CORNYN. The following Senator 2372, a bill to amend title 38, United States clerk to read the motion. Code, to provide outer burial receptacles for is necessarily absent: the Senator from The legislative clerk read as follows: remains buried in National Parks, and for Arizona (Mr. MCCAIN). CLOTURE MOTION other purposes. The result was announced—yeas 54, We, the undersigned Senators, in accord- Johnny Isakson, Roger F. Wicker, John nays 45, as follows: ance with the provisions of rule XXII of the Thune, John Cornyn, Richard Burr, [Rollcall Vote No. 101 Ex.] Standing Rules of the Senate, do hereby Mike Crapo, Tom Cotton, John Booz- YEAS—54 move to bring to a close debate on the nomi- man, Thom Tillis, Jerry Moran, Joni nation of Dana Baiocco, of Ohio, to be a Ernst, David Perdue, Roy Blunt, John Alexander Gardner Nelson Hoeven, Bill Cassidy, Dan Sullivan. Barrasso Graham Perdue Commissioner of the Consumer Product Blunt Grassley Portman Safety Commission for a term of seven years MOTION TO CONCUR WITH AMENDMENT NO. 2246 Boozman Hatch Risch from October 27, 2017. Mr. MCCONNELL. Madam President, Burr Heitkamp Roberts Mitch McConnell, Thom Tillis, Pat Rob- I move to concur in the House amend- Capito Heller Rounds erts, John Cornyn, Mike Crapo, Roy ment to S. 2372, with a further amend- Cassidy Hoeven Rubio Blunt, Ron Johnson, Mike Rounds, Collins Hyde-Smith Sasse ment. Lindsey Graham, Johnny Isakson, Corker Inhofe Scott The PRESIDING OFFICER. The Cornyn Isakson Shaheen John Boozman, James E. Risch, John Cotton Johnson Shelby Thune, Todd Young, John Hoeven, Cory clerk will report the motion. Crapo Kennedy Sullivan Gardner, David Perdue. The senior assistant legislative clerk Cruz Lankford Thune read as follows: Daines Lee Tillis f The Senator from Kentucky [Mr. MCCON- Donnelly Manchin Toomey LEGISLATIVE SESSION Enzi McConnell Warner NELL] moves to concur in the House amend- Ernst Moran Wicker Mr. MCCONNELL. Mr. President, I ment to S. 2372 with an amendment num- Fischer Murkowski Young move to proceed to legislative session. bered 2246. NAYS—45 The PRESIDING OFFICER. The Mr. MCCONNELL. I ask unanimous Baldwin Gillibrand Murray question is on agreeing to the motion. consent that the reading of the amend- Bennet Harris Paul The motion was agreed to. ment be dispensed with. Blumenthal Hassan Peters The PRESIDING OFFICER. Without f Booker Heinrich Reed objection, it is so ordered. Brown Hirono Sanders Cantwell Jones Schatz VETERANS CEMETERY BENEFIT The amendment is as follows: Cardin Kaine Schumer CORRECTION ACT At the end add the following. Carper King Smith Mr. MCCONNELL. Mr. President, I ‘‘This Act shall take effect 1 day after the Casey Klobuchar Stabenow date of enactment.’’ Coons Leahy Tester understand the Senate has received a Cortez Masto Markey Udall message from the House to accompany Mr. MCCONNELL. I ask for the yeas Duckworth McCaskill Van Hollen S. 2372. and nays on my amendment. Durbin Menendez Warren The PRESIDING OFFICER. Is there a Feinstein Merkley Whitehouse The PRESIDING OFFICER. The lead- Flake Murphy Wyden er is correct. sufficient second? Mr. MCCONNELL. I move that the There appears to be a sufficient sec- NOT VOTING—1 ond. McCain Chair lay before the Senate the mes- sage to accompany S. 2372. The yeas and nays were ordered. The nomination was confirmed. The PRESIDING OFFICER. The AMENDMENT NO. 2247 TO AMENDMENT NO. 2246 The PRESIDING OFFICER. Under question is on agreeing to the motion. Mr. MCCONNELL. Madam President, the previous order, the motion to re- The motion was agreed to. I have a second-degree amendment at consider is considered made and laid The Presiding Officer laid before the the desk. upon the table and the President will Senate the following message from the The PRESIDING OFFICER. The be immediately notified of the Senate’s House of Representatives: clerk will report. action. Resolved, That the bill from the Senate (S. The senior assistant legislative clerk The majority leader. 2372) entitled ‘‘An Act to amend title 38, read as follows: f United States Code, to provide outer burial The Senator from Kentucky [Mr. MCCON- LEGISLATIVE SESSION receptacles for remains buried in National NELL] proposes an amendment numbered 2247 Parks, and for other purposes.’’, do pass with to amendment No. 2246. Mr. MCCONNELL. Mr. President, I an amendment. Mr. MCCONNELL. I ask unanimous move to proceed to legislative session. MOTION TO CONCUR consent that the reading of the amend- The PRESIDING OFFICER. The Mr. MCCONNELL. Madam President, ment be dispensed with. question is on agreeing to the motion. I move to concur in the House amend- The PRESIDING OFFICER. Without The motion was agreed to. ment. objection, it is so ordered. f The PRESIDING OFFICER (Mrs. The amendment is as follows: EXECUTIVE SESSION CAPITO). The clerk will report the mo- Strike ‘‘1 day’’ and insert ‘‘2 days’’ tion. MOTION TO REFER WITH AMENDMENT NO. 2248 The senior assistant legislative clerk Mr. MCCONNELL. Madam President, EXECUTIVE CALENDAR read as follows: I move to refer the House message on Mr. MCCONNELL. Mr. President, I The Senator from Kentucky [Mr. MCCON- S. 2372 to the Committee on Veterans’ move to proceed to executive session to NELL] moves to concur in the House amend- Affairs to report back forthwith with consider Calendar No. 608. ment to S. 2372. instructions. The PRESIDING OFFICER. The CLOTURE MOTION The PRESIDING OFFICER. The question is on agreeing to the motion. Mr. MCCONNELL. Madam President, clerk will report the motion. The motion was agreed to. I send a cloture motion to the desk on The senior assistant legislative clerk The PRESIDING OFFICER. The the motion to concur. read as follows: clerk will report the nomination. The PRESIDING OFFICER. The clo- The Senator from Kentucky [Mr. MCCON- The legislative clerk read the nomi- ture motion having been presented NELL] moves to refer the House message to nation of Dana Baiocco, of Ohio, to be under rule XXII, the Chair directs the accompany S. 2372 to the Committee on Vet- a Commissioner of the Consumer Prod- clerk to read the motion. erans’ Affairs to report back forthwith with uct Safety Commission for a term of The senior assistant legislative clerk an amendment numbered 2248. seven years from October 27, 2017. read as follows: The amendment is as follows:

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