[Congressional Record (Bound Edition), Volume 150 (2004), Part 7]
[Senate]
[Pages 8797-8803]
[From the U.S. 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 
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

[[Page 8798]]

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 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

[[Page 8799]]

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 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

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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 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,

[[Page 8801]]

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 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

[[Page 8802]]

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.''
  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

[[Page 8803]]

     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.

                          ____________________