[Congressional Record Volume 149, Number 138 (Thursday, October 2, 2003)]
[Senate]
[Pages S12309-S12311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CALL FOR APPOINTMENT OF SPECIAL COUNSEL
Mr. HARKIN. Mr. President, many of my colleagues and I have been
urging the Justice Department to appoint a special counsel to review
and investigate the leak that revealed the identity of an undercover
CIA agent. Some of my colleagues on the other side of the aisle have
responded by saying that we are blowing things out of proportion, that
our motives are political. I have to disagree. This is a serious issue,
and it is not just those on my side of the aisle who have concerns
about the obvious conflict of interest for the Justice Department to
investigate this matter on its own.
I am referring to the Washington Post-ABC poll that was released. The
poll found that nearly 7 in 10 Americans believe a special type of
prosecutor should be named to investigate allegations that the Bush
administration officials illegally leaked the name of an undercover CIA
agent. The survey found that 81 percent of Americans considered the
matter serious, while 72 percent thought it was likely that someone in
the White House leaked the agent's name. It's clear the people of this
country want a full, fair and independent investigation.
I would also like to take a minute to respond to comments from my
colleague from Minnesota that were made earlier Wednesday. I believe he
may have been misinformed. I wanted to make sure my colleague from
Minnesota was clear on the difference between an independent counsel
and a special counsel. Yesterday I had again stated the need for the
Attorney General to appoint a special counsel to investigate this leak
regarding an undercover CIA agent. We all know that a Federal law was
broken--that is clear--a law that provides for stiff penalties,
imprisonment, and fines. It is a Federal crime, under the Intelligence
Identities and Protection Act of 1982 to intentionally disclose
information identifying a covert agent to anyone not authorized to
receive this classified information.
Columnist Robert Novak printed that information. We need to know who
the senior administration official or officials were that gave him that
information. But we also need to find out who gave that information to
the administration officials.
Let me be clear about this. There is a cancer spreading in this
administration. Most have focused only on who it was who gave the name
of the undercover agent to Mr. Novak, the columnist. Clearly that is
illegal. But there is another question behind that. How did that
individual or individuals get access to this classified information
about this undercover agent? Who gave that individual this information?
Did it come from the National Security Council? Did it come from the
State Department? Did it come from the CIA itself? Did someone in the
White House request this dossier on Mr. Wilson and his wife? Or was it
voluntarily given to them by someone in the CIA or the National
Security Council or somewhere else? This is an even deeper question
because it goes to what they wanted this information for. Why would
individuals high in the administration want the information about who
was
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an undercover agent and who was not, unless they had the intention of
using that information to intimidate Mr. Wilson, to put a chilling
effect on those who might want to disagree with this administration's
position on Iraq.
That, I believe, is another concern we have--the chilling effect. The
greatest weapon we have in our fight against international terrorism is
not a ballistic missile, it is not this missile defense shield that
people want to build over this country, it is not our laser-guided
bombs; the best weapon we have against international terrorism is the
intelligence and information we get from agents in the field around the
globe, working with our friends and allies and others, so that we can
get to the terrorists in their incubation, before they are able to
carry out their dastardly deeds, break up their cells, break up their
lines of communication. It is the intelligence and information that we
need to win this battle against terrorism.
If, however, one of our agents in the field and all that agent's
contacts now think that at some time this administration, or an
administration in the future, can ``out'' them, release their name,
then that puts kind of a damper on whether or not they are going to get
information. That could put people's lives in jeopardy, put them at
risk in the future.
For example, the woman who was outed, Valerie Plame, had in fact
traveled overseas as an undercover agent. I assume now people will be
looking at whom she contacted, whom she talked to, who were her sources
of information. This is not, as I said the other day, some little real
estate deal out in Arkansas. This is not just some President
philandering with some White House aide. This has to do with the
security of our country.
According to the Washington Post, a senior administration official
told the Post that before Novak's column appeared, two top White House
officials called at least six journalists and disclosed the identity of
the CIA agent. Now the Justice Department is investigating.
So let's get this straight. The Attorney General, appointed by the
President, is investigating the President's office. As I said
yesterday, and I say again this morning, if an investigation ever cried
out for a special counsel, this is it. Again, I point to an article
that appeared on the front page of the New York Times today, which
said: Attorney General is closely linked to inquiry figures. Rove was a
consultant. Deep political ties between top White House aides and
Attorney General John Ashcroft have put him into a delicate position as
the Justice Department begins a full investigation into whether
administration officials illegally disclosed the name of an undercover
CIA agent. Karl Rove, Mr. Bush's top political advisor, whose possible
role in the case has raised questions, was a paid consultant to three
of Mr. Ashcroft's campaigns in Missouri--twice for Governor and for
United States Senator in the 1980s and 1990s. Jack Oliver, the deputy
finance chairman of Mr. Bush's 2004 reelection campaign, was the
director of Mr. Ashcroft's 1994 Senate campaign and later worked as Mr.
Ashcroft's deputy chief of staff.
Does anyone really believe that this Attorney General can, with a
straight face, say they are going to investigate these people when they
work for them and they have close ties? As I said, a special counsel is
needed desperately.
In response yesterday morning, when I called for this, my colleague
from Minnesota accused some of my colleagues and me of ``rank political
hypocrisy'' when it comes to calling for a special counsel. He said
this, and I quote from the Record today:
I'm a slight student of history. I believe in 1999 there
was an effort in this body, led by Senator Collins from
Maine, a bipartisan effort to put in place a provision to
allow for a special prosecutor. And it was blocked. It was
stopped by the very same folks today that are talking about
needs for a special prosecutor. I think, and I am going to be
very blunt here, what we are hearing is a little rank
political hypocrisy when it comes to calls for a special
prosecutor.
That is in the Congressional Record today from Senator Coleman of
Minnesota. I think Senator Coleman needs to brush up on his history. In
1999, the independent counsel law expired. Republicans were in charge
of the Senate and they chose not to reauthorize it. This law allows the
Attorney General to recommend an independent counsel, to lead an
investigation, and a three-judge panel chooses that counsel. That
independent counsel was accountable to no one. It had its own staff,
budget, and missions. The investigations could go on indefinitely.
My main problem with the Office of Independent Counsel was that the
investigations could go on forever, with a bottomless budget that
taxpayers had to pay. The Collins alternative was a step in the right
direction, which limited the time on these investigations. But the
Republican leadership never scheduled a vote--never scheduled a vote.
By the way, former independent counsel Kenneth Starr opposed renewing
that law. Regardless, appointing an independent counsel or prosecutor
is not what I have been talking about. I don't believe I've ever
mentioned appointing an independent counsel. I have said the Attorney
General should appoint a special counsel. There is a big difference.
The Attorney General alone can appoint an outside special counsel if he
believes there is an inherent conflict of interest or if he deems it is
in the public interest for a special counsel to be appointed. The
special counsel reports to the Attorney General, who pays the counsel's
salary and the salary of his or her staff.
The key to the special counsel is this. At the end of the
investigation, the Attorney General must report to Congress all
instances where he blocked the special counsel from taking an action,
such as subpoenaing documents or putting a witness before a grand jury.
That is the kind of balance we need in this kind of situation, when the
administration is obligated to investigate itself.
So I think the Senator from Minnesota not only needs to brush up on
his history but also definitions. It was an entirely different issue in
1999. The law had expired. The Republican majority did not move to
reauthorize it and to even call for a vote to reauthorize the
independent counsel law. Quite frankly, I am one of those who don't
believe in these independent counsels because they go on forever and
they are accountable to no one. They can investigate whatever they
want. That is not what I am calling for.
What I am calling for is the Attorney General to use the authority he
has under the law to appoint a special counsel, someone of prominence,
someone of integrity, someone who would assure the American people the
investigation will be done fairly, objectively, and thoroughly, and let
the chips fall where they may. It would not go on forever. The Attorney
General decides the salary and the pay and how much staff. But the key
is this: The special counsel would have, under the auspices of the
Attorney General, the ability to subpoena witnesses, to subpoena
documents and records, to take a person before a grand jury. The
Attorney General could say no and stop it, but at least we would know
that. The people of America would know whether or not the Attorney
General stopped the special counsel from getting certain documents or
referring a witness to a grand jury. Therein lies the check and balance
that is so important to making sure we have an open and transparent
system of Government.
Mr. REID. Will the Senator yield for a question?
Mr. HARKIN. It is time we have a special counsel.
I am honored to yield to my friend from Nevada.
Mr. REID. I ask my friend this question: If someone within the CIA
had divulged the name of this operative, that person, it seems to me,
would be subject to criminal penalties and would be considered a
traitor; is that true?
Mr. HARKIN. I know the person would be subject to criminal penalties.
I am not certain I know the definition of a ``traitor,'' but I think it
would be closely akin to that. I don't want to make a statement. I
don't know the absolute definition of ``traitor,'' I say to my friend.
Obviously, it would be subject to penalties. We have Aldrich Ames right
now spending his life in prison without parole because he divulged the
name of operatives, undercover agents, whose associates and others were
killed in the former Soviet Union, and Aldrich Ames today is where he
ought to be: in prison for life without parole.
[[Page S12311]]
The same applies here, it would seem to me, I say to my friend from
Nevada, that this is a case where not only someone in the CIA but
anyone in a position who has access to this classified information
would be subject to this. Again, I say to my friend from Nevada, since
he is on the floor, I really think many of the people who are inquiring
about this are stopping short because they are only focusing on who
gave the information to Mr. Novak. There is a deeper and I think even
more profound question to be asked: How did those individuals in the
administration get that classified information? How did they come by
that information to know this Valerie Plame was an undercover agent?
That raises very serious questions.
Mr. REID. If I can answer and ask a question. First of all, Webster's
compact dictionary I have in my desk says a traitor is one who betrays
trust. So certainly if a CIA agent leaked to the press the name of one
of his colleagues who is an undercover agent, he would be a traitor.
Mr. HARKIN. I accept that definition. I say to my friend, my feelings
and my senses are that someone with this kind of information who leaked
it I think has violated the law and betrayed the government and the
citizens of the United States.
Mr. REID. The next question I ask my friend: So if a CIA operative
would be subject to criminal penalties and would be considered a
traitor for doing this activity, certainly someone working within the
administration, within the White House, would be considered the same;
is that not true?
Mr. HARKIN. I think the Senator from Nevada has it exactly right.
That is true, they would be considered the same. I thank the Senator
for asking the question because it does clarify a point.
If I can take off from what the Senator from Nevada just asked me--
and it is a good point, it should be made--what would happen in the
administration if someone in the CIA had leaked this kind of
information about an undercover agent. What would happen? I will tell
you what would happen. They would have that person locked up in jail
before nightfall, and they would be prosecuted to the full extent of
the law. My friend from Nevada raises a good question: What is the
difference between that and someone in the White House
or administration doing the same thing?
Again, it is time for a special counsel. As the New York Times said
this morning on the front page, both Mr. Rove and Mr. Oliver have close
connections with Mr. Ashcroft. I don't know whether they are involved
in this or not, but they are both very high in the administration.
There are too many close ties between Attorney General Ashcroft and
people high in this administration for the people of this country to be
assured that we are going to have a fair, independent, full, and
thorough investigation. Let the chips fall where they may and
prosecute--yes, prosecute--the people responsible for leaking this
information.
Mr. President, I intend to take the floor of the Senate every day to
talk about this issue. We cannot allow this to be swept under the rug.
We cannot allow a coverup to go on day after day. This is a President
elected by the people, a servant of the people. And I don't think it is
enough for any President to say: We will let the Attorney General
investigate. The buck stops on the President's desk. I can only say if
an allegation had been made about someone on my staff doing something
like that, I would call them in, and I would have them sign a notarized
legal document right there: I, so and so, had nothing to do with any
leak and know no information about it whatsoever. Sign it.
That is what the President can do, and we can have this information
out about who called Mr. Novak, who called these other reporters. We
would know it before the sun went down today. That is why this coverup
cannot continue to go on. The American people deserve better than this,
and they are going to get it. We are going to find out who put our
country at risk, who committed these treasonous activities.
I yield the floor.
Mr. REID. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
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