[Congressional Record Volume 148, Number 68 (Thursday, May 23, 2002)]
[Senate]
[Pages S4831-S4832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                INVESTIGATING THE EVENTS OF SEPTEMBER 11

  Mr. SPECTER. Madam President, I have sought recognition to oppose the 
formation of a new commission to investigate the events of September 
11, 2001. The suggestion has been made that such a commission should be 
modeled after the commission which investigated Pearl Harbor and the 
commission which investigated the assassination of President Kennedy.
  Having been assistant counsel to the Warren Commission investigating 
the assassination of President Kennedy, I have some background in the 
way the commission was organized. I can say, with that experience, that 
it would take a very long process to form a new commission. The Warren 
Commission was compelled to go out and hire staff. They hired lawyers 
from around the country--mostly young lawyers, like myself, back in 
1964. The difficulty to obtain investigators was a very paramount one. 
They had to turn to the FBI, something which could not be done on an 
investigation of September 11 because the FBI itself is under scrutiny.
  It is my view that it is important that we proceed on an expedited 
basis to have the appropriate oversight. We now know, with the 
revelation of the Phoenix memorandum, that on July 10, 2001, there was 
some substantial cause to be concerned about an attack by Osama bin 
Laden from the air. We know from the information available back in 
1996, from the Pakistani terrorist Abdul Hakim Murad, who had 
connections with al-Qaida, that at that time there were plans to fly a 
plane into the CIA headquarters or other tall buildings. We know that 
with the arrest of Zacarias Moussaoui, on August 17, 2001, that it was 
not really a matter of putting the dots together.
  However, as Senator Graham, the chairman of the Senate Intelligence 
Committee, pointed out recently:

       I believe that if all the information that was known about 
     the plans of Osama bin Laden, to train persons in the United 
     States in aviation and understand the way in which the 
     commercial aviation system in the United States operated--had 
     all those been available to one set of analysts, it is 
     possible that they could have put those pieces together.

  Senator Graham went on to point out that:

       . . . handled differently, it might have been a different 
     outcome.

  From my own experience as chairman of the Intelligence Committee in 
the 104th Congress, and from chairing the Judiciary subcommittee on 
Department of Justice Oversight, there is experience in those oversight 
committees which cannot be duplicated by a commission.
  We have had on the Judiciary Committee, which does have oversight 
responsibility on the FBI on reorganization, the grave difficulties of 
getting information from the FBI. We know their procedures. What is 
evolving, in rather short order here, is a showing that it is really 
not a matter of putting together the dots, but just a matter of knowing 
what information was in the files, because of the variety of warnings 
about bin Laden, hijackings of commercial airliners, and flying into 
tall buildings.
  This ought to be handled on an expedited basis. There is considerable 
experience in the Intelligence Committee and in the Judiciary Committee 
with experienced attorneys, former prosecutors, and investigators. It 
would be a major mistake to be diverted to a commission on the analogy 
of the Warren Commission or the Pearl Harbor Commission. I say that 
especially as to the Warren Commission where I saw personally the grave 
difficulties of getting organized.

[[Page S4832]]

  The Intelligence Committee has primary jurisdiction over the events 
of September 11. There is some authority and oversight by the Judiciary 
Committee, as we had hearings recently with FBI Director Mueller on 
reorganization and as we have had closed-door sessions. However, as 
more of this information is coming out, it is apparent that there is a 
need for oversight and for some direction to be sure that these 
failures do not repeat themselves. With the imminent possibility of 
another terrorist attack--as the President, the Secretary of Defense, 
and the FBI Director have said that there is an inevitability of 
another attack--the experience and institutional knowledge of the 
Intelligence Committee and the Judiciary Committee ought to be used to 
oversee the FBI and CIA so that we can take action to stop another 
attack.
  I thank my colleague from North Dakota for permitting me to speak. I 
yield the floor.

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