[Congressional Record Volume 155, Number 13 (Thursday, January 22, 2009)]
[House]
[Page H477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                H.R. 104

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Tennessee (Mr. Cohen) is recognized for 5 minutes.
  Mr. COHEN. Mr. Speaker, on Tuesday this country saw a marvelous event 
that occurs every 4 years, which is the inauguration of a President of 
the United States who was elected by the people and who assumes power 
because of the vote of the people. That is the essence of democracy and 
what America is foremost at, not revolutions, not juntas, but 
elections, the rule of law and not terror or violence.
  Just as we celebrated that great event with more people than ever 
here in Washington to witness it, it is important that we reiterate to 
the American public that we are a Nation of laws and not a Nation of 
men. It is for that reason that I joined with the chairman of the 
Judiciary Committee, John Conyers, as a cosponsor of H.R. 104, which 
seeks to set up an independent commission to investigate the Bush 
administration policies for having a claim of unreviewable war powers, 
for actions they took or might have taken that did damage to the United 
States Constitution and to the laws of this Nation. No person is above 
the law, no person should be considered above the law, and a commission 
of this sort is important to fulfill the duties of the Congress, which 
is an independent and separate branch of government, and to see if laws 
were violated.
  There are many Americans that feel that there were violations of the 
law by the administration in the process of leading us to the war in 
Iraq and information that was given or not given to this Congress, that 
the PATRIOT Act and uses of that PATRIOT Act in investigating Americans 
and listening to phone conversations or interrupting other messages 
without securing subpoenas or going through the proper due process also 
violated the law.
  In the Judiciary Committee we looked at several of these violations. 
We tried to subpoena individuals such as Harriett Myers and Karl Rove, 
and they rejected compliance with subpoenas. This is another area where 
we need to go forward, and we need to see that when a congressional 
committee issues subpoenas, that they are responded to by the executive 
and not under some blanket executive power. Harriett Myers, a private 
citizen, refused to comply. Karl Rove also refused to comply.
  Torture, as used and defined in international law, was used by this 
administration. Attorney General Designate Eric Holder stated that 
water boarding is torture; and the former Vice President Dick Cheney 
said that they used water boarding and seemed somewhat boastful of it.
  Again, if we use these type of tactics of torture of people detained 
without due process in particular, but with due process or not, we 
subject our own soldiers to such treatment, and that is a danger and a 
violation of the international laws that we should not allow.
  It is important that we look into the activities of the Justice 
Department that were politicized during the days of Alberto Gonzales 
and others. Monica Goodling told us in the Judiciary Committee, after 
being given a grant of immunity, that partisan associations of 
candidates played a role in the hiring of career officials in Justice. 
And the Justice Department's Office of Inspector General and Office of 
Professional Responsibility issued a joint report, concluding the Bush 
Department of Justice officials violated departmental rules and Federal 
law in considering political affiliations for the hiring of career 
attorneys.
  There are many areas for investigations. I hope that the Congress 
will pass H.R. 104, and allow us to look into these and guarantee the 
American public that we are a Nation of laws and not a Nation of men, 
and, regardless of the position you hold, you are held to standards.
  Just behind me there are words carved into the desk of the Clerk, and 
they include ``justice.'' There is liberty, there is justice, there is 
tolerance, and other virtues. Justice is the highest.

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