Emergency Supplemental Appropriations Act, 2005
I rise in support of the Byrd amendment. This amendment is important. It is offered at an important time, and it is offered during a period when we have seen so many examples of fake news, or propaganda, to use another word. I don't think…
I rise in support of the Byrd amendment. This amendment is important. It is offered at an important time, and it is offered during a period when we have seen so many examples of fake news, or propaganda, to use another word.
I don't think this is partisan. I think it would apply to a Republican or Democratic administration.
The question is, Should the Federal Government be involved in propaganda? Should we be observant of fake news and do nothing about it?
The Senator from West Virginia offers an amendment that is filled with common sense. Let me describe a fake news program. A report narrated by a woman who speaks in glowing terms about an administration's plan and concludes by saying: ``In Washington, this is Karen Ryan reporting.''
The Department of Health and Human Services spent $44,000 in taxpayer dollars on this type of propaganda. Is this what we want to pass for news?
I have talked often in the Senate on a subject very important to me, the concentration of broadcasting in this country. Fewer and fewer people owning more and more broadcast properties, controlling what people see, hear, and think by what is presented to them. As more and more companies are bought, they hollow out the newsrooms, get rid of the newsroom staff, and just have a shell left. Then they are interested in filling that shell with cheap media feeds.
If you read the discussion about what has prompted these television stations to run these prepackaged fake news items, they are looking for fillers for a news script because they got rid of their news people. So this, now, passes as news when, in fact, it is fake news.
In my judgment, it ought to be labeled exactly what it is. That is what the Senator is offering with respect to this amendment. This is not an amendment that is in any way radical. It is an amendment that is filled with common sense.
A few minutes ago my colleague who talked about Public Broadcasting or National Public Radio was clever and funny--and good for him--but this has nothing to do with the issue at hand. Winning debates that we are not having is hardly a blue ribbon activity in this Chamber. This debate is not about National Public Radio or anything of the sort. It is about the specific subject that my colleague from West Virginia brings to the Senate.
The subject, incidentally, has more tentacles attached to it. We learned in January a syndicated columnist, Armstrong Williams, had been paid a quarter of a million dollars, actually $240,000, to promote the No Child Left Behind Program on his television show and to urge other African-American journalists to do the same. That contract was not disclosed to the public. It was taxpayers' dollars offered to a journalist, commentator, television personality, and we only learned about it because USA Today obtained the
document through a Freedom of Information request.
That, incidentally, was part of a $1 million deal with the Ketchum public relations firm which was contracted to produce video news releases designed to appear like real news reports.
So there is more to do on this issue than just the Byrd amendment. That is why I say this amendment is modest in itself. It is not, as some would suggest, a big deal. It is a modest amendment that addresses a problem in a very specific way. We really do have more to do dealing with some of the other tentacles--the hiring of public relations firms to the tune of tens of millions of dollars.
We found out in late January the Department of Health and Human Services paid $21,500 to another syndicated columnist to advocate a $300 million Presidential proposal encouraging marriage. That contract was not disclosed either.
The list goes on. Fake news. We discovered a while back the White House had allowed a fake journalist, using a fake name, to get a daily clearance to come into the Presidential news conference and daily news briefings and to ask questions. Another part of fake news, I guess, a different tentacle and a different description.
The Byrd amendment is simple on its face. The question is, Do we want fake news being produced with taxpayers' dollars with no disclosure at all; that it is, in fact, propaganda, not news?
I support the Byrd amendment. I hope we will address other parts of this issue at some future time. This amendment is modest enough, and my hope is to engage a majority of the Senate to be supportive of it.
While I have the floor, I might indicate a second time that I intend to offer an amendment that would cease or discontinue funding for the independent counsel who is still active, an independent counsel who was impaneled to investigate the payment of money to a mistress by a former Cabinet official, Mr. Cisneros. That independent counsel has spent now $21 million over 10 years. The particular Cabinet official admitted the indiscretion. He pled guilty in Federal court and he since left office and has since been pardoned by a President in 2001. Yet the independent counsel investigating this is still investigating it, still spending money.
The most recent report showed this independent counsel spent $1.26 million in Federal funds over the previous 6 months, which brings it to $21 million by an independent counsel's office that was launched nearly 10 years ago to investigate a Cabinet official who left the Government very soon thereafter, who then pled guilty, who then was pardoned. In 1995, the independent counsel was named. That was 10 years ago. In 1999, the Cabinet official pled guilty. In 2001, 4 years ago, the Cabinet official was given a Presidential pardon. Yet we have an independent counsel's office that is still spending money.
We ought to shut off that money. I will offer an amendment to do that, telling that independent counsel the money dries up on June 1. Finish your report and leave town--at least if your home is elsewhere-- but finish up the report and get off the public payroll after 10 years, 4 years after the subject in question received a Presidential pardon, 6 years after the subject in question pled guilty in court.
Some things need addressing on an urgent basis. This one does. I understand it, too, will not be, perhaps, germane to this bill, but it is one that I hope every Senator would understand we ought to shut down.
With that, I appreciate the amendment offered by Senator Byrd. I am pleased to come over in support of that amendment this afternoon.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I wonder if I might ask my colleague, the chairman of the committee, my understanding is the pending amendment is the Byrd amendment. But I heard my colleague Senator Byrd indicate he was trying to see whether there was some language that could be changed so this amendment would be acceptable. I have an amendment I had previously announced I would like to offer. It is an amendment dealing with the independent counsel expenditure of $21 million. I twice before mentioned this.
I ask the Senator from Mississippi whether it would be appropriate at this point to offer an amendment. My understanding is we would have to set aside the Byrd amendment to do so. I ask the chairman and also Senator Byrd whether that is possible at this moment.
I will be mercifully brief. This is not an amendment that will take a long time to explain, and I do not intend to delay the proceedings of the Senate at all.
Amendment No. 399
Mr. President, with that in mind and with the cooperation of the Senator from Mississippi, the chairman of the committee, and my colleague Senator Byrd, as well, I offer an amendment on behalf of myself and Senator Durbin has asked to be a cosponsor as well. I send the amendment to the desk and ask for its immediate consideration.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
Mr. President, this matter deals with something I was quite surprised to read about, frankly, in the newspaper, and I have since done some research about it. It was a rather lengthy newspaper article disclosing that an independent counsel who had been appointed 10 years ago in 1995, a Mr. David Barrett, was still in business and was involved in an investigation that has now cost the American taxpayers $21 million.
That was an investigation dealing with a Cabinet Secretary who was alleged to have lied, I believe, to the FBI, to authorities, about a payment he gave to a mistress. So an independent counsel was impaneled and began investigating that charge.
That independent counsel has been working for some 10 years, in fact. But the Cabinet officer who was the subject of the investigation pled guilty in 1999. That was 6 years ago. That Cabinet officer was also subsequently pardoned in the year 2001.
In the most recent 6-month report, the independent counsel who was appointed for investigating this transgression is still in business, and had spent $1.26 million in just that period. And the costs are trending upward, 10 years after he started, 6 years after the subject pled guilty, and 4 years after the subject was pardoned. It is unbelievable.
I do not know anything about the case. I do not really know the Cabinet official in question. I guess I met him some years ago. But this is not about that official any longer. He has pled guilty, been pardoned, and here we are years later with an independent counsel's office still spending money.
I quote Judge Stanley Sporkin, the presiding judge over Mr. Cisneros' trial:
The problem with this case is that it took too long to
develop and much too long to bring to judgment day . . . [the
matter] should have been resolved a long time ago, perhaps
even years ago.
That was a quote from 1999. It is now 2005. The independent counsel is still spending money.
David Barrett, the independent counsel, said in 1999:
We are just glad to have this over and done with. That was
following the plea agreement of Mr. Cisneros. Here it is 6
years later and the independent counsel is still in business.
Mr. Barrett said in July 2001:
I want to conclude this investigation as soon as possible.
It is now 4 years later, with the counsel spending $1.26 million in the last 6 months.
The three-judge panel that is providing oversight to the independent counsel said:
Whether a cost-benefit analysis at this point would support
Mr. Barrett's effort is a question to which I have no answer.
Judge Cudahy, a member of the three-judge oversight panel said:
Mr. Barrett can go on forever. A great deal of time has
elapsed and a lot of money spent in pursuing charges that on
their face do not seem of overwhelming complexity.
Again, this is someone who is accused of lying to the FBI about paying money to a mistress. In the year 1995, the investigation began with Mr. Barrett and the independent counsel. In
1999, the individual pled guilty. In the year 2001, the individual was pardoned. And the independent counsel is still in business spending money. What on Earth is going on?
A former Federal prosecutor following the plea agreement, Lawrence Barcella, said this:
This is a classic example of why this independent counsel
statute was a problem. You give this person all the resources
to go after one person, and the first thing that is lost is
perspective.
Joseph DiGenova, a Republican lawyer and former independent counsel himself, said in the April 1, 2005, Washington Post:
If this does not prove [the independent counsel's]
worthlessness as a governmental entity, I don't know what
does.
I do not come here as a partisan, a member of a political party. I come here as someone outraged to wake up in the morning and read a report about an independent counsel impaneled 10 years ago to investigate a subject who pled guilty 6 years ago and was pardoned 4 years ago, and the independent counsel is still spending the taxpayers' money, $1.26 million over the last 6 months.
My amendment is painfully simple. I propose we stop the spending on June 1 and tell this independent counsel: Finish your report, finish up, move on, and give the taxpayers a break.
That is what the amendment is. It is very simple. I hope it might be considered and supported by my colleagues.
Mr. President, I yield the floor, and I suggest the absence of a quorum.