[Congressional Record Volume 154, Number 75 (Wednesday, May 7, 2008)]
[Senate]
[Pages S3884-S3885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       USS ``COLE'' INVESTIGATION

  Mr. FEINGOLD. Mr. President, this past weekend a front page article 
in the Washington Post reminded us of the devastating attack on the USS 
Cole and the inability--or unwillingness--of the administration to see 
the investigation to the finish line. Nearly 8 years since the attack 
on the Cole, and 6\1/2\ since September 11, 2001, an attack directly 
linked to al-Qaida--and to bin Laden himself--remains stalled, at best, 
with few answers to key questions.
  I would like to take a minute to remind my colleagues of the attack I 
am referring to--an attack perhaps not as seared into our memories as 
those horrific ones of 9/11, but one that is equally as painful for 
those who lost loved ones and are still waiting to hold someone to 
account. On October 12, 2000, as the USS Navy destroyer Cole stopped 
briefly to refuel in the harbor of Aden, Yemen, it was attacked by a 
small boat loaded with explosives. The attack killed 17 members of the 
ship's crew, including a sailor from my home State of Wisconsin. At 
least 39 others were wounded. According to the 9/11 Commission Report, 
``The plot . . .was a full-fledged al Qaida operation, supervised 
directly by [Osama] bin Laden.'' Although teams from the FBI and other 
U.S. agencies were immediately sent to Yemen to investigate, the Yemeni 
government was hesitant to participate in the investigation.
  While the Yemenis eventually agreed to a joint investigation, the 9/
11 Commission Report notes that the CIA described Yemeni support for 
the investigation as ``slow and inadequate'' and that in the early 
stages of the investigation President Clinton, Secretary Albright, and 
others had to intervene to help. What followed was a number of arrests 
by the Yemeni government of people connected to the attack--including 
those found to have close links to al-Qaida--but less than 3 years 
after their arrest, 10 were able to escape from prison.
  Shortly after the jail break, the Justice Department unveiled a 51-
count indictment against two of the escapees, including cell leader 
Jamal al-Badawi. Both were indicted on various terror offenses, 
included the murder of U.S. nationals and U.S. military personnel. Yet 
Yemen refused to extradite al-Badawi. Despite a trial in 2004 that 
condemned him to death--a sentence which was later reduced to 15 years 
in prison al-Badawi dug his way to freedom in 2006 with a number of 
other convicts. Although he surrendered 20 months later, al-Badawi was 
able to strike a deal with the government which rendered him a free 
man. No one has been charged in U.S. courts and none of those 
imprisoned remain behind bars. The USS Cole investigation remains 
unfinished as there has been no real accountability for the deaths of 
17 Americans.
  I am deeply troubled by the message we are sending to our enemies by 
allowing this investigation to languish, while many of those involved 
in the attack walk free. Since 2003, I have repeatedly requested 
information from the State and Defense Departments, CIA, and FBI about 
these attacks, the circumstances surrounding the detention and escape 
of the suspects, and efforts to find and detain those involved. In 
2006, I wrote to Secretary Rice and the Director of National 
Intelligence, DNI, expressing grave concern about al-Badawi's multiple 
escapes and in 2007 I strongly condemned the Yemeni government's 
decision to release him.

[[Page S3885]]

  There is little to inspire confidence in our efforts to hold these 
terrorists to account for their actions and even less to show for our 
work to date. Our reliance on the government of Yemen to detain and 
prosecute these known members of al-Qaida--and their inability or 
unwillingness to do so--calls into question the partnerships and 
relationships we have secured in our efforts to meet the number one 
threat we face. The State Department's 2007 ``Country Terrorism 
Report'' notes that Yemen has ``experienced several setbacks to its 
counterterrorism efforts'' and recounts multiple examples of the Yemeni 
government's inability to apprehend escaped convicts--many of whom are 
members of al-Qaida and are associated with the USS Cole attack. 
Furthermore, for the past two years Yemen has been listed as a 
terrorist safe haven because of al-Qaida's ability to ``reconstitute 
operational cells there'' and carry out ``several terrorist attacks 
against tourist targets.''
  How reliable is the Yemeni government as a partner in the fight 
against al-Qaida and its affiliates if it has been designated as a safe 
haven for terrorists? What efforts are being taken to ensure the 
Yemenis commit to combating terrorists and work with us to hold those 
responsible for the USS Cole attack accountable? Can we assure the 
American people that the Yemenis will ensure al-Qaida is denied access 
to resources, opportunities and safe spaces from which to operate? We 
cannot simply rely on others to do our work--especially when they are 
clearly not doing the job that needs to be done. We cannot sit back and 
allow others to take the reins while we remain distracted.
  The war in Iraq has brought about a dramatic and regrettable shift in 
our priorities--a shift away from the top threat to our national 
security. Despite the persistent calls from the majority of Americans, 
we remain bogged down in Iraq--while it drains our resources, saps our 
attention, and depletes us of our ability to focus on our top national 
security concerns. I am concerned that this same lack of focus may be 
behind the administration's failures with respect to the attack on the 
Cole. The administration has paid relatively little attention to the 
marginalization of the USS Cole investigation, despite how critically 
important it remains to our national interest.
  The global fight against al-Qaida and its affiliates must be our top 
priority, and the administration must take seriously its responsibility 
to ensure that the al-Qaida operatives behind the attack on the USS 
Cole are held to account for their heinous actions.

                          ____________________