I object. Mr. President, I rise in very strong opposition to Senator Reid's amendment. The amendment simply directs the release of three pages in the classified version of the committee's phase II report on the accuracy of prewar…
I object.
Mr. President, I rise in very strong opposition to Senator Reid's amendment. The amendment simply directs the release of three pages in the classified version of the committee's phase II report on the accuracy of prewar intelligence assessments. I just think this amendment is an irresponsible, very dangerous way to seek the release of classified information and would set a very dangerous precedent.
To my knowledge, this action is unprecedented--the full Senate considering a bill that has nothing to do with the subject matter that is now being discussed and for the Senate not to declassify the information but to simply release classified information. I can probably conjure up a lot of other different attempts to do this and put the full Senate in the position of trying to release classified information.
While we are at war, what the Democratic leader is proposing is that the Congress unilaterally release information that our intelligence professionals--not the administration--that our intelligence professionals have determined to be protected from disclosure. Again, to my knowledge, the Senate has never taken such a drastic step.
Now, the Democratic leader's amendment is not about port security. In fact, the amendment will do nothing to enhance our security. The Senate should not adopt a precedent that allows one Senator to release classified information for whatever purpose that he or she would deem fit or for their own purposes.
Before I proceed any further, however, I must take issue with the manner in which the committee action on the matter of declassification has been characterized. Senator Reid claims that a bipartisan majority of the Intelligence Committee voted to include in the report a statement that the committee disagreed with the administration's decision--I will repeat, the administration's decision--to classify certain portions of the report's findings and conclusions and said that classifying of this information is without justification.
In actuality it was the intelligence community, not the administration, that made the decision to protect the sensitive information contained in those three pages. That decision was based on the community's judgment--their judgment--I know Senators Rockefeller, Reid, and others may disagree with the community--concerning sources and methods.
More important, the committee actually classified the declassification this way, and I am quoting from our report:
The committee recognizes that classification decisions are
often difficult, requiring a careful balancing of our
responsibility to protect the national security sources and
methods with the need for the appropriate transparency of the
intelligence activities.
That says it, and it is a very difficult task that one faces when you are approaching that kind of a challenge. Overall, the declassification process on this report--and I am quoting again--``was a substantial improvement over past efforts.''
That is what the committee said. I know that doesn't include the three pages that the Democratic leader, Senator Rockefeller, and others would like to have released. It would still be classified, but it would be released in a bill that has nothing to do with intelligence matters. It is important to understand that this was a broad, bipartisan statement relating to a number of issues. Several Senators, many Senators, this Senator, had things they would have liked to have seen declassified. I worked overtime with the intelligence community in regard to the section on the Iraqi National Congress, to make sure that all of that report was in, all of the nuances and history would be declassified. Did I get everything I wanted? No, but I got a large portion of it.
The committee, however, made no specific reference to the issue that Senator Reid brought to the floor today. There was that generic statement that I just said earlier. I am very familiar with the material that the Senator seeks to publicly release. I agree with the Intelligence Community that this material does contain sensitive information that would damage our intelligence sources and methods. I believe it is properly classified. I supported the report's statement that there are certain portions of the report that I believe should have been declassified. This is not one of them.
The information the Democratic leader wants to release is very sensitive. Mr. President, it is CIA operational traffic between an undercover overseas field station and CIA headquarters. This type of correspondence exists to permit the rapid informal flow of information and operational guidance needed to execute the mission of the CIA. It is not formal intelligence reporting. It is not a finished intelligence assessment drafted and coordinated to support policymakers, as has been indicated, and it is not routinely available or needed by anyone outside of the CIA. It must be handled with care.
Now, the next question, obviously, is why? Because the release of unevaluated information and CIA operational traffic would potentially damage the relationships with foreign country security services that work closely with the CIA. These foreign services do so with the expectation that their words and their actions will remain confidential. Additionally, declassification and public release of such correspondence would certainly impinge upon the speed and frankness that marks this correspondence. CIA's effectiveness is reduced when this happens.
For these reasons, and others that cannot be discussed publicly, this information should not be released. In short, this amendment would damage our sensitive sources and methods by recklessly disclosing properly classified information--again, not by the administration but by the intelligence community.
There is another way to do this. It is the proper way. A number of Members on both sides of the aisle, including this Senator, have issues concerning the declassification of these reports. They have agreed to work with the National Archives Public Interest Declassification Board, which is the proper way to do it, to review and, hopefully, further declassify some of the remaining redacted portions. This review process will look at all of the information that remains classified, not just the information singled out in Senator Reid's amendment. I think this is a much more responsible approach.
I hope my colleagues will proceed in that manner. That is how we intend to proceed in the Intelligence Committee in regard to classification and declassification. I oppose this amendment, and I urge my colleagues to do the same.
I yield the floor.
I have yielded the floor, but I will answer the Senator's question.
Mr. President, responding to the Senator from Illinois, that is a hypothetical. I did not watch ``Meet the Press.'' I have not studied the Vice President's comments other than what the Senator has said. My name is not Tony Snow.
I yield the floor.
Yes, I certainly yield to my friend and colleague.
It is my understanding that the operational cables and the INC reports are two separate reports.
Basically, the decision is made by General Hayden in a letter I would be delighted to read on the floor of the Senate, except that it is classified. He goes down specifically, exactly the comments I have made in a very generic way as to why he didn't declassify them. One report is INC and one is on the accuracy of the prewar assessments regarding weapons of mass destruction. I don't understand the point.
By the way, the general indicated that he will provide us a letter that is not classified outlining why the CIA Director feels very strongly that this should not be released.
Mr. President, let me say to my friend from West Virginia, however, if I might, and my friend from Illinois, I don't speak for the Vice President. I ask the Senator to address that question to the Vice President. It is the information in the cable which is classified, not the format. I think the distinguished vice chairman is talking about the format in another report as opposed to the report that Senator Reid quoted from, and it is that information-- the cable which is classified, again, by the intelligence community. The Senator knows how hard we have both worked to get both reports declassified, to the extent that the American people could at least know what is going on and let the chips fall where they may. That does not include, however, a decision when the DNI and the Director of Central Intelligence insist that basically the information in the cable is classified.
I suppose that in future debates on any bill--and it could be port security or the farm bill or any bill that really doesn't pertain to intelligence--somebody can say, you know, I think there is a portion of some intelligence report, or any intelligence, that ought to be released even though it is classified. If we start doing this, if we go down the slippery slope with regard to having this body in executive session or otherwise decide to release classified information, we may as well replace ``E pluribus unum'' up there with the New York Times. It is a dangerous precedent.
There is a way to do that. We have a committee set up to go to the review board to see if we can get the most declassification possible. I agree with the Senator that too much is classified. That is a given. In this particular case, I think you have to rely on--or you should rely on the CIA Director and the Director of National Intelligence who say we are going to lose allied support.
The Senator knows that every week we get a courtesy call from various people who come in and who are our counterparts representing other countries. The bottom line is: Why can't you Americans keep quiet? So, consequently, I think that has an aspect of this. That has entered into, I think, part of the DNI's involvement here and decisionmaking, as well as the CIA Director's involvement. It is a canard of the first order to say it was the administration. It is not. It is the people who work with this every day.
Mr. President, I would just simply say to my distinguished friend and colleague, and to let everybody know who is listening to this debate, it is an interesting debate; it is a unique debate. It sets a precedent that I don't agree with. But simply because we are having this discussion doesn't mean we are not friends and colleagues and trying our very best to do a job under very difficult circumstances. But we do defer--or at least I think we should defer--to the intelligence professionals here who work with this material. If they make a mistake, we are all over them.
So we are at war. Let's let the Public Interest Declassification Board take a look at these reports. That was the suggestion by Senator Wyden, picked up by Senator Bond, endorsed by myself and I think by the Senator from West Virginia. That is the proper way to go about it, not in this format, when we don't even have a bill that pertains to this and where we are setting a precedent where all of a sudden somebody can say: Oh, I think we should release even though it is classified.
Once we start down that road, I would say to my dear friend, we will never hear the end of it. We will have everything else declassified. We could conceivably, with all the furor in regards to the ABC documentary over the handling of 9/11, get into reports and get into Presidential findings and everything else. I just don't think that is appropriate. So there is a way to do it. Let's do it the proper way.
I yield the floor.