[Congressional Record Volume 150, Number 64 (Monday, May 10, 2004)]
[Senate]
[Pages S5066-S5072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONDEMNING ABUSE OF IRAQI PRISONERS
The PRESIDING OFFICER. Under the previous order, the Senate will now
proceed to the consideration of the resolution, which the clerk will
report.
The assistant legislative clerk read as follows:
A resolution (S. Res. 356) condemning the abuse of Iraqi
prisoners at Abu Ghraib prison, urging a full and complete
investigation to ensure justice is served, and expressing
support for all Americans serving nobly in Iraq.
The PRESIDING OFFICER. The majority has 32 minutes remaining. The
minority has 10 minutes remaining.
The Senator from Wyoming.
Mr. THOMAS. Madam President, I am pleased we have this resolution
before us. I think all of us share the same thoughts about this whole
Iraqi prisoner abuse issue. We are all very disappointed and very
troubled about the events in the prison. We need to move forward to
resolve this issue. We need to do what needs to be done as a followup.
We do not need to make it into a political operation for the next week
because we have other things to do in Iraq. But we must take care of
this issue because we, as Americans, hold ourselves to a higher
standard.
These are appalling actions of those responsible for the treatment of
the detainees in Iraq. It falls far short of any of those standards.
Our credibility has been called into question in the eyes of those we
are trying to help, as well as the rest of the world. These incidents
of cruelty and mistreatment at the hands of American service men and
women are inexcusable, and certainly it is a very small group of our
service people. Unfortunately, the foolish actions of a few have cast a
pall on thousands of our military. All of us know that is not the case,
and all of us who have served in the military know these are not the
kinds of activities we are ordered to do.
There have been mistakes, and we need to determine how those happened
and see they do not happen again so our folks can continue at the very
hard job they have.
These terrible events have dealt a blow to what we are seeking to do.
I want to say again our task is to win in Iraq, and this is a deterrent
from that, but we can overcome it and move on with the task.
This also makes it more important that we win at home. With the media
and the emphasis that has been put on this issue, it detracts from our
job. We cannot let that happen. If we are really as strong in our
feeling about our service people overseas, we ought to make sure we
support what they are doing and continue to give them that support.
We as a nation must deliberately correct the situation and ensure it
does not happen again. All of us want to do that.
Democracies hold themselves accountable. That is our task. We can do
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it, and we will do it. We acknowledge we have done wrong, and we will
move to correct it. That is what this resolution is about. That is what
the hearings are about. That is what holding people in authority
responsible is about. We need to move on that initiative. We need to
get the facts. We need to make the whole effort more transparent in the
future, of course, as all Government activities should be transparent.
The process needs to move swiftly and decisively. We need to do this
job and get on with the rest of the job.
For those who committed the acts and those who enabled them, we need
to do all we can in determining if there is involvement in the chain of
command.
I do not think anyone denies that is what we need to do. These things
that have happened are certainly fundamentally contradictory to
American values. The eyes of the world are focused now on how we will
react, and we have reacted. The President has reacted. The Secretary
has reacted. The Congress will react. We need to ensure that it
continues, but I do warn that we ought not divert all of our attention
to this issue, taking it away from the overall issue that still exists.
We need to be there. The stakes are simply too high to play politics
with this issue, and unfortunately that might well happen.
So we need to proceed. We need to make everyone understand that these
are not the kinds of things that the United States will live with and
let happen. We will do something about it. We need to bring those to
justice who were involved. We will go forward and we will win in Iraq.
First, we must win in the United States.
Energy Policy
Earlier, I listened to the assistant minority leader talk about
energy and say that the things we are doing now have nothing to do with
an energy bill. I think that is absolutely wrong. What we are talking
about is an energy policy that will last somewhat over time but is
designed to change some of the things that we are doing in energy and
energy use that are causing us part of the problems today. Will they
reflect some change in the next day or two? Of course not. But we need
to be working forward at doing something about the long-term impact of
energy.
I will briefly talk about a few of the things that need to be done
because it is just impossible to say they do not have an impact. Keep
in mind that we have had an energy bill now last year and this year,
and we tried to bring it up on the Senate floor. It passed here, went
to conference, came back, and would not be accepted again. We have been
obstructed and cannot move forward in doing something with the broad
energy bill that has to do with energy efficiency. Again, it is going
to take some time to do that, but it is very clear that consumption has
gone up faster than has production. If we continue to do so, this will
be the case. Even more importantly, our consumption will grow and our
production--if we keep it as it is--will soon be overcome and will not
grow. So we have to talk about issues like renewable energy. We have to
talk about alternative energy. Those things are in the bill. That is
what we are talking about doing, seeing if we can do some things
differently than we have in the past.
We also have some incentives to continue like in marginal wells.
Marginal wells, even with the price as high as it is, if there is not
some incentive for a well that only delivers two, three, or four
barrels a day, we do not produce them, but in total they still have a
large impact on what we are doing.
We need to make some changes in the way we use energy. We are using
oil, for example, to heat homes. We are using oil to do a lot of things
other than make gasoline. We have other energy sources that could be
used for that purpose. The same is true with natural gas. We are using
natural gas for many things. For instance, the electric-generating
plants that have been built in the last 10 or 15 years have all been
natural gas plants. Natural gas is so much more flexible for other
uses: we ought to be using coal; we ought to be using nuclear for
the generation of electricity so we can use natural gas for other
purposes.
So to say this bill has nothing to do with our problems with energy
is absolutely without merit. It does have a great deal to do with it.
We talked about some things that would have a pretty immediate
impact, such as doing something on the Indian reservations to promote
production. They would like to do that, but we have not really been
able to make it happen. We are talking about doing something with
hydrogen, fairly short term, to make hydrogen part of automobile fuel,
and use coal and make hydrogen for automobiles.
We can talk about the price of gas next week. I would love to be able
to do something about that, and hopefully maybe we can, but the real
thoughtful question is, where are we going to be in 5, 10, or 15 years
from now to meet the needs which will constantly be growing? We need to
have a plan. We need to have a policy. This Congress has absolutely
refused to move forward with the policy, along with many other things,
and has strictly been obstructed from moving forward. So every week we
are going through the same things because we cannot get them passed.
Something needs to be done.
I think we have some very important issues before us. First of all,
we have this resolution. I favor the resolution, which says very
clearly how we feel about what happened in the prisons in Iraq. It says
very clearly what we ought to be doing about those responsible for
those acts. It says very clearly that we ought to make sure that does
not happen in the future and that we can go back to doing what we are
supposed to be doing. I hope we do not make such an issue in terms of
accomplishing things that we detract from the real purpose of our being
in Iraq, and that is to win freedom for the Iraqi people, do something
about terrorism, and be able to bring our men and women back to the
United States after the victory.
I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Cornyn). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. THOMAS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. THOMAS. I ask unanimous consent that the time in the quorum call
be equally divided between the two sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. THOMAS. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. NELSON of Florida. Mr. President, I just returned from my home
State of Florida, and I cannot state the number of people who came up
to me over the course of the weekend to ask me about the situation in
the prison in Baghdad and the question of what should be done with
Secretary Rumsfeld.
My reaction is, we have an ongoing investigation. I would like to see
some more results of that investigation, in addition to what we have
already been shocked with in the graphic photographs--although I
understand we have ``not seen nothing yet,'' that we are going to get
more graphic photographs, including some videos that are fairly
descriptive of behavior that is clearly not behavior approved in the
normal course of the standards of Americans.
Of course, offensive conduct by Americans is made all the more
difficult as we are in unsettled parts of the world in a place of Arab
culture and the Muslim religion.
Often, my response has been specifically about Secretary Rumsfeld;
that this issue is much greater than any one Secretary of Defense. The
issue comes down to how America has planned for the postwar occupation.
We did not do a very good job of planning for the postwar occupation.
This Senator happens to be a Democrat from Florida, but that does not
have anything to do with this. What I am about to say is very
bipartisan, or nonpartisan. One of the committees on
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which I have the privilege of serving is the Senate Foreign Relations
Committee. The chairman is a Republican and his name is Dick Lugar of
Indiana. He has been saying very similar things to what I am about to
say, as has his ranking Republican member, Senator Chuck Hagel of
Nebraska, and certainly the ranking Democrat and former chairman,
Senator Joe Biden of Delaware. It is this: We had a brilliant military
campaign in Afghanistan and again in Iraq, led, by the way, by a
Floridian, GEN Tommy Franks.
To give credit where credit is due, I include Secretary of Defense
Rumsfeld. He ought to be given credit. It was a brilliant military
campaign, blending the use of military forces--specifically, special
operations forces in Afghanistan--with other agencies, such as the CIA.
The CIA was first in Afghanistan. The first American killed in
Afghanistan was Mike Spann, a CIA agent detailed out of Uzbekistan.
So, too, in the runup to the military campaign in Iraq, a brilliant
military planning in the war effort. We took Iraq in much fewer days
than General Franks had ever planned. Of course, that is what he is
supposed to do as a combatant commander, plan for the worst and be very
conservative in the planning. The military campaign was spectacular.
The problem was, before the war in Iraq, in the Senate Foreign
Relations Committee, over and over we asked the administration--who is
``we''? It is all of those Senators I just talked about, the bipartisan
leadership of the Senate Foreign Relations Committee--asking over and
over, peppering the administration with questions: What are your plans?
Well, we do not have them. Well, bring them to us. And they would come
back with some cursory plan.
Of course, we are now seeing the results.
The prison problems are a manifestation of just one element of the
lack of a plan, of what it is to be an occupier in a Muslim country and
then not planning for the sensitivities of being an occupier in a
Muslim country.
What do we do now? The criminal investigation will go forward. The
rest of the reporting is going to go forward, and we will find out what
to do with regard to the prisons. But what we ought to be doing, and I
think we are hearing this chorus from a number of Members in a
bipartisan way, coming out of the several committees--not the least of
which is the Foreign Relations Committee--the President ought to
convene the major countries of the world, along with the Arab neighbors
of Iraq in the region, and they should forge consensus. When somebody
says that consensus cannot be reached, all you have to do is explain to
those countries it is in their naked self-interest to try to get a
stabilized Iraq.
France, for example, has a Muslim population somewhere between 8 and
12 percent. Convene those nations and then invite in a NATO force led
by the United States. Go to the United Nations, get a senior
international diplomat to come in and start working after June 30 to
build Iraq with the institutions so it can go to elections.
We will be there a long time. Anyone who doubts that, we are in the
ninth year in Bosnia. It will take a lot of troops. Eventually, we will
see our troops will have to be more than what we are planning for now
with the 130,000 that we have there.
With those few short comments prior to the voting on this resolution,
I thank the Senate for the privilege of addressing the Senate.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. I thank the Chair.
(The remarks of Mr. Hatch pertaining to the introduction of S. 2398
are located in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Ms. MIKULSKI. Mr. President, I want to join my colleagues and so many
others around the country and around the world to condemn the treatment
of prisoners at Abu Ghraib prison in Iraq. What happened there is
deplorable. It is despicable, and it is dishonorable. It does not
reflect the values of the United States of America or the code of
conduct for the United States military that so many of our brave men
and women live by every day.
This has been a terrible blow for the vast majority of our troops who
go by the book, serve America with honor, and put their lives on the
line every day to promote and protect the democratic principles that we
hold dear. It is also a terrible blow for America's standing around the
world. Today, our troops are less secure. Instead of winning hearts and
minds on the road to a free and democratic Iraq, our troops must now
overcome tremendous anger and mistrust.
That is why we must take immediate steps to: investigate these
abuses, hold accountable those responsible, commend those who did the
right thing, and correct the problems quickly and thoroughly.
First, there must be thorough and rigorous investigations. Congress
and independent investigators in the military and the intelligence
community must get the facts: what are the abuses, how widespread are
they, how did they come to happen, and what did the military and
civilian leadership do, or not do, to correct them. On charges of such
a grave nature--that are so detrimental to America's standing in the
world--there cannot be enough transparency and public scrutiny.
The result of these investigations must be accountability at all
levels of the military and civilian chain of command--up to the highest
levels. Why do the Privates and Specialists face prosecution, but the
Generals get letters of reprimand? Those who participated or were
complicit in abuses--or created a climate that allowed them to occur--
must be held accountable, no matter their rank or title.
The world has witnessed shameful acts committed by people who
represent the United States in Iraq. Now America must show the world
how United States of America exercises the true principles of
democracy--upholding the rule of law by administering justice in a
swift, transparent and fair manner.
We should also commend those who did the right thing, like Specialist
Darby, who reported the abuses, General Sanchez, who launched an
investigation, and General Taguba, who issued a no-holds-barred report.
The problems that led to this must be corrected quickly and
thoroughly. Our soldiers in Iraq must get the training and supervision
they need to do their jobs with honor and in accordance with
international law. And if heads need to roll to correct the problem, so
be it. The world must know that America holds to the highest standards
of military conduct and human rights protections. Anything less is
unacceptable.
The resolution we will vote on this evening commends our soldiers,
condemns the abuses and calls for swift justice and accountability. Yet
it should go further and demand accountability at all levels.
Mr. President, I hope the Senate will speak with one voice by
unanimously supporting this resolution.
Mr. COLEMAN. Mr. President, I strongly support the resolution
which the Senate is considering today.
The world has witnessed images that do not represent America's cause
for freedom, democracy and human rights. While our American soldiers
toil and sacrifice to bring justice and opportunity to Iraq, there is a
small group of soldiers who have undermined the work of this noble
mission through their despicable behavior.
The acts that took place at Abu Ghraib prison were simply
inexcusable. The violation of any Iraqi prisoner's human rights,
dignity or life by any member of the American military--for whatever
reason--defies not only international law, but basic human decency.
These acts risk undermining the mission, and put at risk other American
men and women working for freedom in Iraq.
I am concerned that Congress was not adequately informed of the
abuses and the investigations. Secretary Rumsfeld's appearance on
Capitol Hill last week was welcome, and I expect that he will continue
to make himself available to the Senate.
I deeply appreciate the President's willingness to speak candidly and
apologetically to the Arab world. I support the decision to offer
compensation to the victims, and to put together commissions to
ascertain how widespread the abuse and humiliation were, and what can
be done to prevent future violations. I am hopeful that these steps
will be part of a much needed
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process to make amends for the great damage that has been done by a few
men and women.
Abu Ghraib was home to torture under Saddam Hussein's regime, and has
not yet overcome its notorious reputation. Consequently, I believe
that, should the Iraqi people wish it, this prison should be wiped off
the map. Tearing down Abu Ghraib prison would symbolize the definitive
end to the era of torture--an era which preceded Operation Iraqi
Freedom, and must be put to rest once and for all.
Mr. HATCH. Mr. President, I rise today to echo the horror that all of
our citizens felt when we first viewed the photographs taken at Abu
Ghraib prison. It is a stain upon the honor of our nation and the
actions of these few individuals have undermined many of the
substantial gains and sacrifices that our service men and women have
achieved since the events of September 11th.
At the same time, it is important to remember that these are the
disgraceful actions of a few and by no means do they represent the hard
work and honorable service of the 138,000 soldiers, sailors, airman,
marines, and coast guardsman that are serving our country in Iraq and
surrounding countries.
During this trying time, I am also reminded that one of our troops'
primary responsibilities is to do what is necessary to minimize
civilian casualties. As some of my colleagues have mentioned on
numerous occasions, one of their most vivid memories of the war was
when a young American service member ran out onto an exposed bridge in
order to save a young Iraqi woman. This is just one of many examples of
the high personal, professional and moral conduct that is displayed
every day by our Nation's service members.
The question then arises, how do we remove this stain on our honor?
Our commander-in-chief, the President, as always, is leading the way by
expressing his outrage over these actions and has apologized to the
world.
The Department of Defense has followed the President's example.
In his very forthcoming and candid comments before the Senate Armed
Services Committee, the Secretary of Defense apologized and took full
responsibility for these mistakes.
The statements by President Bush and Secretary Rumsfeld were the
hallmarks of leadership and show the world what is best about the
United States. It is the sign of a great nation to acknowledge openly
when laws have been broken, bring those violators to justice, and apply
the law equally to all. We are working with the Iraqi people to use
these same legal principles as the cornerstone of their developing
legal system. Therefore, it is my hope that the results of the trials
to come will form the real enduring image in minds of the Iraqi people.
I strongly support the resolution that is before the Senate. It adds
our apology to those offered by the President and the Secretary of
Defense; it rightly commends the vast majority of service members who
are serving nobly abroad to support liberty; and it reiterates our
commitment to bring to justice those who broke the law.
It is a beginning to set things right.
However, I am dismayed to learn that some have taken this opportunity
to make a political point. They have called on the Secretary to resign.
It is troubling that some would take advantage of these horrific acts
in order to achieve a political gain during an election year.
This is a Secretary of Defense who has continued to show that he is a
man of honor by taking direct responsibility for the actions of a few
rogue individuals.
Secretary Rumsfeld has proven conclusively time and again that he is
a positive agent for change at the Department of Defense. I know of no
other individual who will engage in a more aggressive investigation of
the events that have occurred and will institute whatever changes are
necessary to prevent these violations from ever happening again.
We have much to do to repair our credibility.
The President's apology, followed by the acceptance of responsibility
by Secretary Rumsfeld and the actions of the Senate today, begin this
process.
However, this process will also require a rigorous investigation.
There is one man who I know who is up for that challenge and it is
Secretary Rumsfeld. This great Nation must stand behind him.
(At the request of Mr. Daschle, the following statement was ordered
to be printed in the Record.)
Mr. EDWARDS. Mr. President, although I must be necessarily
absent for the vote this afternoon, I want to express my support for
this important resolution and briefly speak on the issue that has
shocked all of us during the past two weeks--the horrific abuse
sustained by the prisoners and detainees in Iraq.
All of us condemn what has happened in Iraq's prisons. The acts the
world has now seen are deplorable; they are inhumane; they are
appalling. Every day brings new evidence of horrors. These actions are
completely inconsistent with our values, and completely
counterproductive to our efforts to help the Iraqi people achieve
security, stability, and freedom.
These images cast a dark shadow on all our efforts in Iraq, and they
make the work of our brave military men and women in Iraq only harder.
These shameful acts of a few have put many in harm's way. As we condemn
these acts and punish those responsible all the way up the chain of
command, we must continue to support our soldiers in Iraq and around
the world. We cannot let the images and stories from the last week--and
the images and stories that will certainly emerge in the coming weeks--
distort the fact that the vast majority of men and women serving their
country today in Iraq and elsewhere are doing so with great dignity,
skill and patriotism.
This is not just a major setback for our efforts in Iraq. Just think
about the damage that these acts have done to America and our authority
to promote peaceful, democratic change around the world. At the same
time when we are trying to reach out to Arab countries--and to help
their societies develop more opportunities so their people can live in
greater freedom--these photographs and the behavior they depict do
tremendous harm to America's ability to lead.
That is why we must stand together today to condemn these actions in
the strongest terms. But our words will not be enough. We must follow
up our words with deeds. There must be a full investigation into how
these acts were allowed to happen, and an exhaustive effort to see that
measures are put in place so that they never happen again. Many
questions must be answered, and we must have the administration's full
cooperation. The American people--and the Iraqi people--deserve
answers. We must hold accountable those responsible all the way up the
military chain of command, and they must be punished to the fullest
extent of the law.
I also believe that these acts reveal such a fundamental failure of
leadership that we need to have accountability here in Washington. We
cannot just blame this on the individual soldiers involved. We must
show the world that no one can shirk responsibility no matter how high
that responsibility goes, or what office one might hold.
So if we want to signal to the rest of the world that we in fact
emphatically reject what happened; if we want to send the message that
what happened in that prison was inconsistent with American values; if
we want to say to the rest of the world that we as a nation want to
change course here, then we need to hold our leadership at the highest
levels accountable.
Mrs. FEINSTEIN. Mr. President, I rise today to offer my strong
support for a Senate resolution condemning the abuses in United States
detention facilities in Iraq.
This resolution makes clear that the abusive behavior we have seen
graphically portrayed in photographs, detailed in the report of MG
Antonio Taguba, and described by Secretary Rumsfeld in testimony last
week, are unacceptable.
Such conduct is wrong, un-American, and inconsistent with the history
and tradition of our military services. It is critical that the Senate
voices its absolute rejection of the conduct, and this resolution does
just that.
It must be understood that this resolution, however, is narrow and
focused. It is confined to expressing our views on the specific conduct
at issue. It does not purport to be a comprehensive view
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on the implications of this growing scandal, nor a conclusive statement
of a congressional investigation into this incident, and its
ramifications.
I believe that such an investigation is necessary and should be
undertaken as soon as possible. We need to know why the Geneva
Convention appears to have been ignored. We need to understand how such
a debacle could have happened, and what orders were given by who, and
when, which governed the prison at Abu Ghraib. We need to know why the
reports of the Red Cross and others were not responded to in a
comprehensive and timely manner. And why was this problem concealed for
months from the Congress and the American people.
If the conflict in Iraq is seen as a battle for the hearts and minds
of the Iraqi people, then it is unfathomable how such a devastating
failure in that battle could be allowed to happen. This is not just
about personal accountability, or abuse--it is about the conduct of a
conflict upon which the future of our security may depend.
It is also important to recognize that planning and implementing a
military detention and interrogation operation is a necessary and
important part of a competent and professional war plan. There are
three reasons why this is so:
First, the information gained from proper interrogation is critical
to protect our warfighters--it allows us to deal with the tactical risk
on the ground in Iraq. Simply put, military interrogation is part of
the overall intelligence-gathering mechanism which is designed to
provide timely, accurate information to front line troops and strategic
planners. Done correctly, a well-run, properly administered military
detention system will yield information that will keep our men and
women in uniform alive in the face of an increasingly violent
insurgency.
Second, detention and interrogation is inherently risky, and that
risk is a moral risk. It is not easy to run prisons, interrogate
detainees, and maintain order in a manner consistent with our Nation's
moral values. There are certainly some guides to help manage this risk:
the Geneva Convention, for instance, provides a well-established set of
guidelines that can not only allow American soldiers to adhere to
international law, but help them ensure that their conduct is
acceptable to Americans and to our moral code.
Third, it should be apparent that the administration of a military
prison system inside Iraq is a clear danger point in the context of our
strategic goals--prisons pose a necessary, but important, strategic
risk. Failure to adhere to the highest standards of conduct will fuel
the increasingly hostile view of Americans and American policy in Iraq
and the Middle East.
I have reviewed Secretary Rumsfeld's testimony, as well as other
information provided in public statements of the administration and
private briefings.
I am becoming increasingly concerned that the Secretary, and the
Administration, are missing the point of this growing scandal.
Of course there is a need to investigate individual wrongdoing and
hold people accountable for their acts according to the Code of
Military Justice. But much more needs to be done. I see little evidence
that there has been adequate planning for the management and function
of military detention facilities in Iraq, and this failure needs to be
addressed now.
This is critical for the three reasons I outlined above. In essence,
military detention facilities should be looked upon exactly like other
elements of war-planning--necessary to fight successfully, but carrying
risks to our soldiers and to our mission.
I am concerned that this function has not been adequately planned.
It does not surprise me that we see the lack of planning becoming
apparent in the revelation of individual misconduct, but I think it is
critical that the Department of Defense take on the larger issue, and
take it on immediately.
The situation is grim. Each of the three risks I mentioned have come
to be.
Some of our soldiers, inadequately supervised and poorly commanded,
have succumbed to the moral hazards of running a prison. I do not
excuse their actions, and they will be held accountable for their
actions. But it is predictable that without adequate command and
control such conduct will happen in a prison, and for that Secretary
Rumsfeld and senior Army commanders are responsible.
It is clear that the potentially valuable source of tactical
intelligence that could have been gained through the competent and
professional administration of military detention facilities was
wantonly thrown away by allowing those facilities to degenerate into a
chaotic and ungoverned free-for-all.
It is my view that there is a place for properly conducted
interrogation in the context of a military detention facility.
But it seems to me that what we have seen is not overly aggressive
interrogation, but wanton cruelty and abuse, unconnected with any
doctrinally acceptable method of prisoner interrogation.
We will never know what potentially valuable tactical intelligence
was lost in the chaos of Abu Ghraib prison, but I am confident that
whatever intelligence was there was unlikely to have been elicited in
that environment.
Again, Secretary Rumsfeld and senior commanders are responsible for
this failure, and I call upon them to immediately remedy this
situation.
We have troops on the ground, under fire, and we cannot afford to
abandon a mechanism for gathering intelligence which could help make
our troops safer.
Finally, the failure to run this element of our war effort
competently has resulted in a catastrophic setback to our strategic
interests.
It should have been self-evident that failure to run U.S. detention
facilities in a professional, competent and lawful manner would, when
made public, adversely affect our prospects in Iraq and in the region.
Simply put, American soldiers will come under increasing fire
because of the failure to run the prisons correctly, and whatever
prospects remain for peacefully transferring power to an Iraqi
government have been diminished.
In sum, it is important to recognize that planning for detention and
interrogation of prisoners is as much a part of war planning as making
sure that there is enough gas for tanks, enough ammunition for guns and
armor for our soldiers.
I am concerned that the failure to plan for this aspect of the war
is consistent with a general pattern at the Pentagon--an unwillingness
to plan for the realities of Iraq and the Middle East. We will all pay
for that failure.
One key part of the resolution speaks to the roll of the Congress,
noting that ``the best interests of the United States and the American
people will be served by a full investigation by the appropriate
Committees of the United States Senate exercising their oversight
responsibilities.'' This is a critical point. This body must
immediately begin its task of addressing this issue.
There are a few particular questions upon which I hope we will
focus:
Whether, and to what extent, the conditions and procedures in Abu
Ghraib and other prisons came about because of particular policy
decisions by senior officials. For instance, who made the decision,
reported in the media, to use prison guards to ``set the conditions''
for interrogations?
Why was the critical task of administering Abu Gharaib entrusted to
soldiers without adequate training or guidance?
Who in the command structure is responsible for maintaining and
administering our military program to detain and interrogate prisoners
in Iraq and elsewhere?
I hope we can answer these, and other questions, and make the
changes necessary to make our nation safer.
Mr. McCAIN. Mr. President, I am unavoidably absent from the
Senate this afternoon, but would like to express my strong support for
S. Res. 356.
The photos and reports of abuse at Abu Ghraib prison that have
emerged over the past week defy description. I condemn, as must all
Americans, these horrific acts. It saddens and shames our country to
see Americans perpetrate these abuses on other human beings. Their
actions do not reflect the principles for which this country stands.
We have fought to liberate Iraq, and to free the Iraqi people from
the murderous rule of Saddam Hussein. We have achieved great things in
Iraq, but
[[Page S5071]]
we have much work to do. The sickening images of abuse that have
emerged in the media threaten to undermine much of the good we have
done. These incidents have marred the reputation of our country abroad,
and have made the tasks of the brave Americans fighting and working in
Iraq harder. But I am confident that the vast majority of men and women
working to bring freedom to Iraq will conduct their noble mission with
integrity and distinction.
Toward that end, we need to have all the facts about the abuses at
Abu Ghraib and elsewhere, and we need them immediately. We cannot wait
months for a new commission to issue a report, nor for new photos and
details to dribble out over weeks. The American people need to know, at
once, the abuses committed, punish those guilty of these crimes, and
ensure that they never again occur. We must also ensure that similar
abuses are not occurring elsewhere in detention centers outside Iraq.
Our venture in Iraq is moral, and must be conducted with moral means.
We must ensure that we are treating all prisoners and detainees
humanely and in accordance with U.S. and international laws and
regulations.
Mr. President, as Americans we are defined not just by the way in
which we deal with our friends but by how we treat our enemies. I know
that in many countries around the world, abuse of prisoners is
commonplace and brutal interrogation is the norm, rather than the
exception. But American, a Nation that was founded on the idea of
liberty and justice for all, must hold itself to a higher standard. We
liberate, not torture, and we free, not oppress.
Burned into our minds are terrible images: a hooded man standing on a
box, a prisoner on a leash. These photos represent humanity at its
worst, and represent everything that America is not. We must show the
country and the world another image--that of Americans working with
Iraqis to topple the statute of Saddam Hussein, to free the Iraqi
people--truly represents who we are.
Mr. DASCHLE. Mr. President, I rise in strong support of this Senate
resolution expressing our clear condemnation of the despicable abuses
of Iraqi prisoners at Abu Ghraib prison.
Nearly a week ago, I called on the Senate to clearly and forthrightly
condemn the despicable acts perpetrated at Abu Ghraib prison.
The pictures and description of the treatment inflicted on Iraqi
detainees was too brutal, too inconsistent with what this country
stands for, and far too consequential for our troops for this body to
stay silent.
Given the severe consequences on our troops and our efforts in Iraq,
it is important that the Senate say to the world that:
No. 1, the Senate commends the American forces serving honorably in
Iraq;
No. 2, the Senate condemns the mistreatment of Iraqi detainees and
apologizes to the victims of this abuse;
No. 3, the Senate is prepared to exercise its oversight
responsibility and fully investigate these incidents; and
No. 4, the United States government--both the executive branch and
the legislative branch--will hold accountable all of those responsible
for these despicable acts.
This resolution does each of these and makes clear that the Senate
will fulfill its responsibility in the face of these troubling
revelations.
That's what the resolution does. Let me say a few words, Mr.
President, about what it does not do.
The resolution does not spell the end of our work, In fact, the
Senate is just getting down to the business of investigating what
happened and how widespread these practices are.
The Armed Services Committee has another hearing tomorrow. We look
forward to hearing the testimony of General Taguba, someone who had the
courage to fully document these abuses not just in Iraq but Afghanistan
as well and bring them to the attention of his civilian and military
superiors.
The hearing also comes as news agencies publish reports of even wider
spread abuse practices in Iraq, all of which apparently began in
Guantanamo when senior administration officials adopted a policy to
permit interrogation tactics that this country has never before
allowed. So we are at the beginning of this effort, not the end.
Nor does this resolution limit in any way whom or what Congress
should and must investigate. As horrendous as they are, we are now told
that these pictures may only be the tip of the iceberg. And we learned
today that the International Committee of the Red Cross was expressing
concerns directly to the administration as early as March 2003--over a
year ago.
Lastly, this resolution does not absolve anyone. We will have done a
great disservice in this investigation if only a handful of enlisted
men and women are held accountable and the actions and decisions of
those higher up in the military and civilian chain of command are
ignored. Anyone who ordered these actions, tolerated these abuses, or
contributed to an atmosphere that led to this mistreatment must be held
accountable.
I join with several of my colleagues--Republican and Democrat--who
have made clear that we need to ensure that the entire chain of command
is held accountable for these despicable acts, and we will have failed
the American people if we do otherwise.
Like most Americans, we learned about these horrific acts on national
television. And like the overwhelming majority of Americans, we were
shocked at the brutality the pictures depicted.
The simple truth is that America stands for democracy and the
unalienable rights of individuals, and the vast majority of Americans
serving in Iraq embody those principles--and do so under unimaginably
difficult and dangerous circumstances.
In order to uphold the service and sacrifices of these fine men and
women and to demonstrate to the world--yet again--what America truly
stands for, we must send this clear message.
The stakes here could not be higher. We are at a dangerous and
difficult crossroads in Iraq. If these pictures go unanswered, the
consequences could not be more grave for our troops and their security,
for our goal of a free and unified Iraq, and for our hope for a stable
Middle East.
The PRESIDING OFFICER. The majority leader.
Mr. FRIST. Mr. President, in 2 minutes we will be voting on S. Res.
356, a resolution condemning the abuse of Iraqi prisoners at Abu Ghraib
prison. I would like to close the debate and comments today by reading
the resolve clauses that follow a number of whereas statements. This is
what we will be voting on in a couple minutes:
Resolved, That the Senate--
(1) commends all Americans serving nobly abroad who are
advancing the ideals of freedom and democracy, and working,
through the individual and collective actions of such
individuals, to improve the lives of all the people of Iraq;
(2) condemns in the strongest possible terms the despicable
acts at Abu Ghraib prison and joins with the President in
expressing apology for the humiliation suffered by the
prisoners in Iraq and their families;
(3) urges the Government of the United States to take
appropriate measures to ensure that such acts do not occur in
the future;
(4) believes that it is in the interests of the United
States and of the people of the United States that the
appropriate committees of the Senate, exercising the
oversight responsibilities of such committees, and the
President, through the appropriate departments or agencies of
the executive branch, conduct a full investigation of the
abuses alleged to have occurred at Abu Ghraib; and
(5) urges that all individuals responsible for such
despicable acts be held accountable.
Mr. President, I yield the floor.
Mr. WARNER. Mr. President, I ask unanimous consent that I be added as
a cosponsor of the resolution.
The PRESIDING OFFICER. Without objection, it is so ordered.
All time has expired. The question is on agreeing to the resolution.
Mr. FRIST. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Minnesota (Mr.
Coleman), the Senator from Arizona (Mr. McCain), the Senator from
Alaska (Ms. Murkowski), and the Senator from Pennsylvania (Mr. Specter)
are necessarily absent.
I further announce that if present and voting the Senator from
Minnesota (Mr. Coleman) would vote ``yes.''
[[Page S5072]]
Mr. REID. I announce that the Senator from North Carolina (Mr.
Edwards), the Senator from South Carolina (Mr. Hollings), the Senator
from Massachusetts (Mr. Kerry), and the Senator from New Jersey (Mr.
Lautenberg) are necessarily absent.
I further announce that if present and voting, the Senator from New
Jersey (Mr. Lautenberg) would vote ``yea.''
The result was announced--yeas, 92, nays 0, as follows:
[Rollcall Vote No. 86 Leg.]
YEAS--92
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McConnell
Mikulski
Miller
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NOT VOTING--8
Coleman
Edwards
Hollings
Kerry
Lautenberg
McCain
Murkowski
Specter
The resolution (S. Res. 356) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 356
Whereas the United States was founded on the principles of
representative government, the rule of law, and the
unalienable rights of individuals;
Whereas those principles are the birthright of all
individuals and the fulfillment of those principals in Iraq
would benefit the people of Iraq, the people of the Middle
East, and the people of the United States;
Whereas the vast majority of Americans in Iraq are serving
courageously and with great honor to promote a free and
stable Iraq and through such service are promoting the values
and principles that the people of the United States hold
dear;
Whereas Americans serving abroad throughout the history of
the United States, both military and civilian, have
established a reputation for setting the highest standards of
personal, professional, and moral conduct;
Whereas in January 2004, a member of the United States
Armed Forces reported alleged abuses perpetrated in Abu
Ghraib prison during November and December 2003;
Whereas an inquiry into those alleged abuses was ordered in
January 2004, and that inquiry is reported to have found
numerous incidents of criminal abuses by a small number of
Americans based in Iraq;
Whereas the reaction to the alleged abuses is having a
negative impact on the United States efforts to stabilize and
reconstruct Iraq and to promote democratic values in the
Middle East and could affect the security of the United
States Armed Forces serving abroad;
Whereas Congress was not informed about the extent of the
alleged abuses until reports about the abuses became public
through the media;
Whereas success in the national security policy of the
United States demands regular communication between the
President, the agencies and departments of the executive
branch, Congress, and the people of the United States;
Whereas, in an interview on May 5, 2004, the President
stated ``First, people in Iraq must understand that I view
those practices as abhorrent. They must also understand that
what took place in that prison does not represent America
that I know. The America I know is a compassionate country
that believes in freedom. The America I know cares about
every individual. The America I know has sent troops into
Iraq to promote freedom--good, honorable citizens that are
helping the Iraqis every day.'';
Whereas in that interview the President further stated
``It's also important for the people of Iraq to know that in
a democracy, everything is not perfect, that mistakes are
made. But in a democracy, as well, those mistakes will be
investigated and people will be brought to justice. We're an
open society. We're a society that is willing to investigate,
fully investigate in this case, what took place in that
prison. That stands in stark contrast to life under Saddam
Hussein. His trained torturers were never brought to justice
under his regime. There were no investigations about
mistreatment of people. There will be investigations. People
will be brought to justice.''; and
Whereas the pursuit of truth and justice are core
principles of the United States, and if the Government of the
United States conducts a full investigation of the alleged
abuses and holds accountable the individuals who are
responsible for such abuses, the people of Iraq and of the
Middle East will witness how a democracy upholds the rule of
law and protects the rights of individuals by administering
justice in a swift, transparent, and fair manner: Now,
therefore, be it
Resolved, That the Senate--
(1) commends all Americans serving nobly abroad who are
advancing the ideals of freedom and democracy, and working,
through the individual and collective actions of such
individuals, to improve the lives of all the people of Iraq;
(2) condemns in the strongest possible terms the despicable
acts at Abu Ghraib prison and joins with the President in
expressing apology for the humiliation suffered by the
prisoners in Iraq and their families;
(3) urges the Government of the United States to take
appropriate measures to ensure that such acts do not occur in
the future;
(4) believes that it is in the interests of the United
States and of the people of the United States that the
appropriate committees of the Senate, exercising the
oversight responsibilities of such committees, and the
President, through the appropriate departments or agencies of
the executive branch, conduct a full investigation of the
abuses alleged to have occurred at Abu Ghraib; and
(5) urges that all individuals responsible for such
despicable acts be held accountable.
Mr. McCONNELL. I move to reconsider the vote, and I move to lay that
motion on the table.
The motion to lay on the table was agreed to.
____________________