[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[Senate]
[Pages 21444-21445]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PROGRESS MADE SINCE 9/11

  Mr. KYL. Mr. President, following this moment of silence, I think all 
of us on this morning are reflecting on where we were and what we were 
doing on the morning of September 11, 2001. In this body, we are 
reflecting on the things that occurred thereafter that enabled us to 
respond to that heinous terrorist attack.
  I wanted to read some comments I wrote for the Arizona Republic that 
were printed this morning:

       Eight years have passed since al Qaeda terrorists attacked 
     the United States. Today, we remember the thousands who lost 
     their lives and are reminded of the brutality and evil of our 
     enemy.
       Terrorists have not struck on our soil since 9/11 because 
     we gained useful intelligence and have been able to thwart 
     attacks. This is due in part to intelligence improvements 
     implemented after a bipartisan commission investigated the 
     terrorist attacks and provided recommendations to protect 
     against future attacks. Known as the 
     9/11 Commission, it described in detail a lack of cooperation 
     among the Justice Department and members of the intelligence 
     community prior to 9/11 that made the United States more 
     vulnerable to attack. It also described how second guessing 
     of intelligence operations had caused intelligence agents to 
     be risk-averse and overly cautious in carrying out their 
     duties.
       Following the release of the commission's report, Congress 
     and government agencies made critical changes to improve 
     intergovernmental cooperation and pushed the agencies to be 
     bold in acting to protect the American people. The result was 
     an intelligence community that was aggressive in tracking, 
     capturing, and interrogating terrorists, and devising other 
     technical means of gathering key intelligence.
       The interrogation techniques employed during the post-9/11 
     period produced information that saved lives. For example, 
     interrogations of Khalid Sheik Mohammed, the mastermind of 
     the September 11 attacks and the man the CIA has called its 
     ``preeminent source'' on al Qaeda, revealed plans to carry 
     out a September 11-type attack on the West Coast and attack 
     landmarks in New York, such as the Brooklyn Bridge.
       But, the passage of time since 9/11 seems to have dimmed 
     memories of important lessons learned, as demonstrated by 
     Attorney General Eric Holder's recent decision to appoint a 
     prosecutor to reopen a previously closed investigation into 
     the techniques intelligence officers used to interrogate 
     terrorists. There is little doubt that this step, which could 
     lead to criminal charges against intelligence officers, will 
     drive a wedge between the Justice Department and the 
     intelligence community and discourage the intelligence 
     community from acting aggressively.
       Intelligence officers will not be able to focus on their 
     critical responsibility if they are worried that actions they 
     take today will be subject to legal recriminations when the 
     political winds shift. Indeed, CIA director Leon Panetta has 
     sounded a similar warning--that he's become increasingly 
     concerned that this focus on what happened in the past will 
     distract intelligence officers from their core mission of 
     protecting America. It will also spur distrust between the 
     Justice Department and the intelligence community and return 
     us to the days when a virtual ``wall'' separated government 
     agencies charged with fighting terrorism.
       The attorney general's decision to reopen this 
     investigation will have serious repercussions--and it is 
     wholly unnecessary. When he announced the appointment of the 
     prosecutor, the attorney general failed to acknowledge that 
     the Justice Department has already investigated the alleged 
     interrogation abuses that are the subject of this new probe. 
     One individual was prosecuted and convicted for abuses. Three 
     former attorneys general and numerous career prosecutors have 
     examined the evidence and determined

[[Page 21445]]

     that it does not support further prosecution of intelligence 
     officials.
       The president himself has repeatedly said that he wants to 
     look forward, not backward on this issue. But, the actions of 
     his administration (over which he has control) are 
     inconsistent with his stated intent. I believe the nation 
     would be better served if the administration focused more on 
     supporting the intelligence community as it continues every 
     day to do the hard work of intelligence gathering, rather 
     than distracting it from its duties and chilling its 
     activities.

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