Madam President, I ask to engage in a colloquy with the Senator from Georgia, Mr. Chambliss, the Senator from South Carolina, Mr. Lindsey Graham, and if he wants to, the Senator from Indiana, Mr. Coats. Madam President, before I go to the…
Madam President, I ask to engage in a colloquy with the Senator from Georgia, Mr. Chambliss, the Senator from South Carolina, Mr. Lindsey Graham, and if he wants to, the Senator from Indiana, Mr. Coats.
Madam President, before I go to the issue we want to discuss, I want to point out in this debate that has become so impassioned that the issue of cyber security is one of transcendent importance, and I want to again reiterate my respect, appreciation, and affection for both Senator Lieberman and Senator Collins.
I also point out to my colleagues that the people who are directly affected by this--and that is the business community of the United States of America--are unalterably opposed to the legislation in its present form. They are the ones who will be affected most dramatically by cyber security legislation. The U.S. Chamber of Commerce, which represents 3 million businesses and organizations of every size, sector, and region, has a strong letter which supports the legislation we have proposed.
I finally would just like to say that I have had hours and hours of meetings with my colleagues on both sides of the aisle trying to work this out. I believe we can work this out. We understand that cyber security is important and of transcendent importance. But to somehow allege that the business community, the 3 million businesses in America, should be left out of this discussion, of course, is not appropriate nor do I believe it will result in effective cyber security legislation.
National Security Leaks
I really came to the floor today to talk about the issue of the leaks, the leaks which have directly jeopardized America's national security. At the Aspen Security Forum, just in the last few days, the head of Special Operations Command, Admiral McRaven, observed that the recent national security leaks have put lives at risk and may ultimately cost America its lives unless there is an effective crackdown. Admiral McRaven, the head of our Special Operations Command said:
We need to do the best we can to clamp down because sooner
or later it is going to cost people their lives or it is
going to cost us our national security.
This is another national security issue, my friends, and I appreciate very much the fact that Governor Romney rightly referred to these leaks as contemptible and a betrayal of our national interests.
I wish to point out to my colleagues that, yes, there are supposedly investigations going on and, according to media, hundreds of people are being interviewed. Well, I am no lawyer. I am no prosecutor. Senator Graham may have some experience in that. But what about the 2009 G20 economic summit when, according to the New York Times journalist David Sanger, ``a senior official in the National Security Council'' tapped him on the shoulder and brought him to the Presidential suite in the Pittsburgh hotel where President Obama was staying and where ``most of the rest of the national security staff was present.'' There the journalist was allowed to review satellite images and other evidence that confirmed the existence of a secret nuclear site in Iran.
I wonder how many people have the key to the Presidential suite in that Pittsburgh, PA hotel? We might want to start there. Instead, we have two prosecutors, one of whom was a strong and great supporter of the President of the United States. And the same people--I am talking about the Vice President of the United States and others--who strongly supported a special counsel in the case of Valerie Plame and, of course, the Abramoff case. We need a special counsel to find out who was responsible for these leaks.
I ask my colleague Senator Graham if he has additional comments on this issue. It has receded somewhat in the
media, but the damage that has been done to our national security is significant. It has put lives at risk, and it has betrayed our allies. This is an issue we cannot let go away until those who are responsible are held accountable for these actions.
Could I ask my friend, isn't it also true that this individual had some 23 family members whose lives were also placed in danger because of the revelation of his identity?
Mr. President, before we turn to our friend from Illinois for his, I am sure, convincing explanation as to why a special counsel is not required, even though it was, in the opinion of his side, in a previous situation, I want to just, again--and the Senator from Georgia and the Senator from South Carolina will also corroborate the fact that we have been working and working, having meeting after meeting after meeting, on the issue of cyber security.
We believe we have narrowed it down to three or four differences that could be worked out over time. Among them is liability. Another one is information sharing. But I think it is also important for us to recognize in this debate the people who are most directly affected in many respects are the business communities, and it is important that we have the input and satisfy, at least to a significant degree, those concerns.
There are those who allege that a piece of legislation is better than no legislation. I have been around this town for a long time. I have seen bad legislation which is far worse than no legislation. So we understand certainly--I and members of the Armed Services Committee and others understand--the importance of this issue.
We also understand that those who are directly affected by it--those concerns need to be satisfied as well. I commit to my colleagues to continue nonstop rounds of meetings and discussions to try to get this issue resolved. To this moment, there are still significant differences.
I say to my friend from Illinois, I look forward to hearing his convincing discussion.
I thank the Senator and yield the floor.
Mr. President, I ask unanimous consent that the Senator from Illinois be involved in the colloquy.
No.
No. The Senator will object.
I would be glad to respond to my friend.
First of all, obviously, he is in disagreement with the chairperson of the Intelligence Committee because she said these leaks were the worst in the 11 years she has been a member of the Senate Intelligence Committee. So, obviously, the Abramoff and the Valerie Plame investigations are not nearly as serious, and they certainly were not when we look at the incredible damage, according to Admiral McRaven, according to anyone who is an observer of the incredible damage these leaks have caused.
Again, the chairperson of the Intelligence Committee said it is the worst she has ever seen. Admiral McRaven, as I said, said these have put lives at risk and may ultimately cost Americans their lives.
I wonder if my colleague from Illinois is concerned when, according to his book, Mr. Sanger said: ``A senior official in the National Security Council'' tapped him on the shoulder and brought him to the Presidential suite in the Pittsburgh hotel where President Obama was staying, and--I am quoting from Mr. Sanger's book--where ``most of the rest of the national security staff was present.'' There, the journalist was apparently allowed to review satellite images and other ``evidence'' that confirmed the existence of a secret nuclear site in Iran.
When leaks take place around this town, the first question you have to ask is, Who benefits? Who benefits from them? Obviously someone who wants to take a journalist up to the presidential suite would make it pretty
easy for us to narrow down whom we should interview first. Who had the key to the presidential suite? Who uses the presidential suite in a hotel in Pittsburgh? These leaks are the most damaging that have taken place in my time in the Senate and before that in the U.S. military. Yes, six people have been prosecuted. Do you know at what level? A private. The lowest level people have been prosecuted by this administration. And this administration says they have to interview hundreds of people in the bottom-up process.
I can guarantee you one thing, I will tell the Senator from Illinois now, there will not be any definitive conclusion in the investigation before the election in November. That does not mean to me that they are not doing their job, although it is clear that one of these prosecutors was active in the Obama campaign, was a contributor to the Obama campaign. I am not saying that individual is not of the highest caliber. I am saying that would lead people to ask a reasonable question, and that is whether that individual is entirely objective.
Americans need an objective investigation by someone they can trust, just as then-Senator Biden and then-Senator Obama asked for in these previous incidents, which, in my view, were far less serious and, in the view of the chairperson of the Intelligence Committee, are far more severe than those that were previously investigated. I would be glad to have my colleague respond to that.
Absolutely.
I do not think it gets him off the hook. I think it has some significance as compared to this kind of egregious breach of security that has taken place at the highest level. We know that.
No. But my friend would obviously acknowledge that if it is a private or a corporal or something, it has not nearly the gravity it does when a person with whom the Nation has placed much higher responsibilities commits this kind of breach.
But no one has challenged Mr. Sanger's depiction. No one in the administration has challenged his assertion that he was taken by ``a senior official in the National Security Council to the presidential suite.'' No one has challenged that.
I say to my friend, it is not a matter of trust, it is a matter of credibility because if an administration has the same argument that then-Senator Biden used and Senator Obama used in opposition to the administration investigating the Abramoff case and the Valerie Plame case--they argued that it is not a matter of trust, it is a matter of credibility with the American people whether an administration can actually investigate itself or should there be a credible outside counsel who would conduct this investigation, which would then have the necessary credibility, I think, with the American people. I think that there is a certain logic to that, I hope my colleague would admit.
I am bringing you proof that this Attorney General has a significant credibility problem, and that problem is bred by a program called Fast and Furious where weapons were--under a program sponsored by the Justice Department----
Let me just finish my comment. A young American Border Patrol agent was murdered with weapons that were part of the Fast and Furious investigation. What has the Attorney General of the United States done? He has said that he will not come forward with any information that is requested by my colleagues in the House.
So I would have to say that, at least in the House of Representatives and with many Americans and certainly with the family of Brian Terry, who was murdered, there is a credibility problem with this Attorney General of the United States.
I am convinced of that.
Which, in my view, does not in any way impact the need for a full and complete investigation.
No. But what I am saying is that there is a significant credibility problem that the Attorney General of the United States has, at least with a majority of the House of Representatives----
On this issue, which then lends more weight to the argument, as there was in the case of Valerie Plame and Jack Abramoff, for the need for a special counsel.
Those two counsels report to whom? The Attorney General of the United States.
So I would think, just for purposes of credibility with the American people, that a special counsel would be called for by almost everyone.
Look, I understand the position of the Senator from Illinois. We have our colleagues waiting. I appreciate the fact that he is willing to discuss this issue. I think we have pretty well exhausted it.
Sure.
First of all, could I say that is just unfair. They are not claiming to be experts on cyber attacks. They are claiming that there are issues of liability, issues of information sharing, and other issues that they believe will inhibit their ability to engage in business practices and grow and prosper. So to say that somehow they claim they are experts on cyber security, they are not, but they are experts on how their businesses can best cooperate, share information, resist these attacks, and come together with other people and other interests to bring about some legislation on which we can all agree.
There are 3 million businesses and organizations that are represented here, I say to my colleague, so it seems to me that we should continue this conversation with them, particularly on issues of information sharing and liability. But to somehow say ``well, we talked to them, but we did not agree with anything they wanted to do'' is not fair to those 3 million businesses. We are making some progress. But please don't say they portray themselves as experts.
By the way, they hacked into my Presidential campaign, which shows they really were pretty bored and did not have a hell of a lot to do. But, anyway, go ahead.
Can I say to my colleague, first of all, to somehow infer that businesses in America are less interested in national security than they are in their own businesses is not, I think, a fair inference. But let me also say that what they want to do is be more efficient in the way they can do business.
For example, information sharing--as you know, there is a serious problem with liability if they are not given some kind of protections in the information sharing they would do with each other and with the Federal Government. So we want to make sure they have that security so that they will more cooperatively engage in the kind of information we need. That is a vital issue. That is still something on which we have a disagreement.
I have no doubt that the comments of the Senator from Illinois about how important this issue is are true. Nobody argues about that. But we have to get it right rather than get it wrong. The Senator from Illinois and I have been here a long time, and sometimes we have found out that we have passed legislation that has had adverse consequences rather than the positive ones we contemplated. By the way, I would throw Dodd-Frank in there. No company is too big to fail now. I would throw in some of the other legislation we have passed recently, which has not achieved the goals we sought.
That is why we need, in my view, more compromise and agreement. I believe we can reach it. I give great credit to both of our cosponsors of the bill, but please don't allege that this is ``bipartisan'' in any significant way. Most of the Republican Senators oppose the legislation in its present form. All Republican Senators understand the gravity of this situation and the necessity of acting.
It depends upon your definition of ``bipartisan.''
These institutions are not averse to government oversight. They are averse to legislation that harms their ability to share that information because if they face the threat of being taken into court for that, then obviously there is some reluctance. They also know how much has been lost because of the lack of cyber security to China and other countries. They are the ones who have been most directly affected. They are intelligent people, smart people, and they want this legislation to pass in a way that is the most effective way to enact legislation on this very serious issue.
I look forward to continuing the conversation with my friend from Illinois. I think both of us learn a bit from our conversations, and I thank him for his continued willingness to discuss the issue.
I yield the floor.