The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“11” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S9281-S9282 on Sept. 11, 2009.
The publication is reproduced in full below:
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 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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