20610 CONGRESSIONAL RECORD-SENATE July 22, 1987 SENATE-Wednesday, July 22, 1987 (Legislative day of Tuesday, June 23, 1987) The Senate met at 9:30 a.m., on the Nevertheless, the continuous stream tion. It is clear the American people expiration of the recess, and was of revelations about these question­ are watching, that they are intensely called to order by the Acting President able, and ill-considered activities, interested, and that the proceedings pro tempore CMr. SANFORD]. shrouded in secrecy so as to keep Con­ are addressing the issues in a work­ gress in the dark, is focusing more and manlike, and comprehensive, thorough PRAYER more on the central question-the rule fashion. It has been and is an arduous, The Chaplain, the Reverend Rich­ of law as the critical principle govern­ grueling task. The Senate and the ard C. Halverson, D.D., offered the fol­ ing the day-to-day operation of the Nation are indebted to members and lowing prayer: American form of government. staff of the committee for their ef­ Let us pray: Indeed, the statements of the es­ forts. The committee has bent over • • • for the Lord seeth not as man teemed cochairmen of the investigat­ backward to be fair, realizing that it seeth; for man looketh on the outward ing committee, Mr. INOUYE and Mr. could be charged with unfaimess all appearance but the Lord looketh on HAMILTON, as well as the statement by too easily. the heart.-I Samuel 16: 7. Mr. MITCHELL, who was the assigned I believe it has been fair. It has been God of Abraham, Isaac and Israel, questioner of Lieutenant Colonel sober and mature and deliberate, and this morning the life and memory of a North, are eloquent reassertions of has resisted the pressures for cutting great American, Arthur Burns, will be this fundamental, cardinal tenet comers. Doing the right thing is not celebrated at a memorial service. With which distinguishes our system from the same thing as exhibiting for a boundless praise to You, we express those of totalitarian adversaries and beauty contest. Doing the right thing our gratitude for the life and service from sheer chaos. Those statements is not the same thing as acting with of this uncommon man: scholar, teach­ are a rich primer on the absolutely es­ the applause meter in mind. er, economist, servant of Presidents, sential nature of the operation of the The statements by the members of ambassador, citizen of the world, rule of law and its corollaries-the need for openness, for informed the panel reaffirm the basic need for statesman, friend. We thank You for these open hearings, for the full airing his incalculable service to our Nation­ debate, for the development of consen­ sus, and for a dynamic partner with of the facts, for a sober cleansing. The his integrity, his courage, his fierce Senate investigating body is mandated honesty, his profound understanding the oversight committees of the Con­ gress. I emphasize that, even in those by Senate Resolution 23, to make rec­ of human nature and its foibles, his ommendations for new legislation and humility, his deep love for God, the exceptional circumstances where the national interest requires a restricted amendments to existing laws, as well Bible, and people. May Your gracious as other things, to help correct the blessing and peace attend his lovely debate, and restrictions on openness, there is all the more reason to con­ abuses that are already apparent. lady, his partner for more than half a Clearly, the ultimate bulwark of our century, his family, and his multitude form closely to the legal requirements governing covert actions. Those are democracy is men of good faith and of friends. For this "man after God's high character who play by the rules own heart" we praise You, Lord, to precisely the circumstances in which the checks and balances of the Ameri­ of our game, and who win the approv­ Whom belongs the kingdom and the al of their policy recommendations the glory and the honor forever. Amen. can system are most vulnerable and in need of the most protection, the hard way, by winning the approval of system that we only last week met in a majority of our colleagues, repre­ RECOGNITION OF THE Philadelphia to commemorate, the senting a consensus to move in one di­ MAJORITY LEADER system in which we all rejoice. rection or another by the American The ACTING PRESIDENT pro tem­ I recommend a close reading of people. No one can write laws which pore. The majority leader is recog­ those statements, as well as others create a completely adequate substi­ nized. made by both Republican and Demo­ tute for integrity and good character. cratic Members of the panel, since we Nevertheless, a clear need for im­ must constantly refresh our under­ provements in the laws which govern THE RULE OF LAW standing of the tenets of our system, these covert operations has already Mr. BYRD. Mr. President, the Iran­ principles which can only be made to been demonstrated by the hearings to Contra joint investigating committee live by the concerted attention and ac­ date. They include the requirement is working very hard to unravel the tions of the elected officials of this for clearing up any loopholes regard­ full truth about the secret provision of Government, and those subordinates ing the requirement for written find­ lethal weapons to Iran in an attempt over whom those elected officials have ings by the President as a condition to win the release of American hos­ responsibility, and the American for the conduct of covert operations. tages, and the provision of proceeds people at large. Lipservice to those The whole idea of "oral findings" from that enterprise to fund military principles will not suffice. Good inten­ should be debunked. Second, they in­ assistance to the Contras at a time tions in fighting communism, in seek­ clude more precise notification re­ when such assistance was prohibited ing democracy in Nicaragua, goals quirements by the executive branch of by the Congress. It is a difficult task which are shared by all of us, will not those covert actions which must be un­ to sort out tt...e real truth when there excuse circumvention of the law, will dertaken in emergency situations has apparently been an epidemic of not explain the subversion of the when prior notice for good reason amnesia in the executive branch over methods by which our democracy ar­ cannot be given to the oversight com­ crucial events, when testimony is con­ rives at decisions and by which it im­ mittees-such notification should be tradictory on many of these events, plements decisions. given within 2 or 3 days after the and when the witnesses seem intent on I congratulate the chairmen and President approves, in any case. In attacking the committee for pursuing members of the committee for their those very unusual cases, notification what they did and why they did it. tremendous efforts in this investiga- should be given to a small consultative • This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. July 22, 1987 CONGRESSIONAL RECORD-SENATE 20611 group consisting of the leadership of There being no objection, the state­ That same evening, ABC World News To­ both Houses and the leadership of the ments were ordered to be printed in night: "The understanding now is that a oversight committees. Third, no the RECORD, as follows: strike against Libya is in the works. If it agency of the Government should be comes to that, seldom will U.S. military STATEMENT BY CHAIRMAN DANIEL INOUYE action have been so widely and publicly ad­ exempt from the rules governing JULY 15, 1987 vertised in advance." covert actions, including, of course, Chairman INOUYE. Thank you very much. Thursday, April 10th, we are getting the National Security Council. Mr. Colonel North, Mr. Sullivan, I think we closer to the day, NBC Today Show: "Ad­ North and others have argued that are now at the end of a long six days. The ministration officials say that intense plan­ the National Security Council has questions I had cannot be answered because ning is underway for retaliation against been so exempt, and exempt from the some of those who could have answered Libya.'' restrictions of the Boland amendment these questions are not here with us and, On the same day, the New York Times: which prohibited direct or indirect furthermore, I am certain you will agree "Administration officials said that Libyan with me, that we have had enough ques­ military sites were the prime options under military aid to the Contras. He is dis­ tions here. consideration for retaliation and that puted in this assertion by other formal I'd like to first, before proceeding with my among the key possibilities are Libyan air officials, such as Mr. McFarlane. That statement, because of the call of fairness, bases near the coast, the official said that loophole, arguable as it might be, clarify the record. Much has been said coastal electronic listening posts, including should be slammed shut for good. about fairness to witness, fairness to the early warning radar sites, as well as units Fourth, the law needs to be precise in President, fairness to the Government. that pick up airplane and ship traffic, are its definition of what constitutes a In response to a question of two of my also key targets." And as we know, they covert action, since it is nowhere de­ fellow panel members relating to the bomb­ were the targets.