Carl Levin

Mr. LEVIN

Mr. LEVIN. Is it my understanding the Senator from West Virginia would accept a voice vote?

Mr. LEVIN. Mr. President, this is an amendment that would create an independent commission that would look into allegations of detainee abuses. I yield myself 2 minutes and then I will yield 2 minutes to the Senator from Delaware and then 2 minutes to the Senator from Illinois, if he is here. There are major gaps in the investigation which has taken place so far. We have heard a lot about the number of hearings that have been held. We have heard that 12 major investigations have taken place, 30 open hearings, 40 closed hearings, and so forth. None of the hearings, none of the investigations, have gotten to five areas. These are huge gaps, and we cannot sweep these gaps under the rug. No. 1, none has looked at the role of the intelligence community, the CIA role, secret prisons, ghost detainees. It is a huge area which needs to be focused on. No. 2, the Government policy on renditions, there has been no review of this. No. 3, the role of contractors, there has been no investigation of the role of contractors. No. 4, the legality of interrogation techniques, there has been no assessment of the legality of interrogation techniques. There are two memos we have not been able to obtain that an independent commission with subpoena power could obtain, the second so- called Bybee memo and the March 3 memo from Mr. Yoo to the Department of Defense. They set forth what is allowed in terms of interrogation techniques. We cannot get those memos. An independent commission, a bipartisan commission based on the 9/11 model, could get those memos. They are critically important. And there are additional outstanding document requests which have been ignored. This matter cannot be swept under the rug. No matter how many hearings have been held, there are major gaps that exist in reviewing this matter. We owe it to our troops, the men and women who wear the uniform for the United States, that we get the full picture and get it behind us. That is what is essential to restore the credibility of this Nation as well as to support the men and women who someday may be captured by our enemy, and we sure don't want any enemy of ours to ever cite that we ignored the violations that apparently have existed. I now yield 2 minutes to the Senator from Illinois and then 2 minutes to the Senator from Delaware.

Mr. LEVIN. Mr. President, I ask unanimous consent that I may proceed for 2 minutes in support of the amendment.

Mr. LEVIN. I don't think it is, but I am not certain.

Mr. LEVIN. To be more helpful, the Dorgan amendment has been filed. There is a likelihood there will be a Durbin amendment on Guard and Reserve which also has been filed. I don't want to lock that in as one because we are still juggling. That has been filed. It is likely that will be one of the six.

Mr. LEVIN. Mr. President, I wish to clarify a question the chairman of the committee asked. I think I heard the answer, but I was not 100 percent sure. Is the amendment intended to state the current policy of the United States? When it says on line 1 of page 1, ``It is the policy of the United States,'' is that intended to reflect the current policy of the United States?

Mr. LEVIN. I ask unanimous consent that Senators Lautenberg, Feinstein, Biden, and Akaka be added as cosponsors of amendment No. 2430.

Mr. LEVIN. Reserving the right to object, I wonder if the Senator from West Virginia would modify that so that the vote on the Byrd amendment would come immediately after the vote on my amendment and then we would proceed to the vote on the Reed-Levin amendment?

Mr. LEVIN. Reserving the right to object, and I will not, of course, has the Byrd amendment either been adopted--

Mr. LEVIN. I thank the Chair. I commend the Senator from Florida. He has been a passionate supporter of this cause for so long. He has had some success but not the full success which he deserves and which the widows and orphans in this country deserve and which the survivors and our disabled people in this country deserve, people who have given so much. So I want to add my voice in support. I think a strong vote will make the Senate more able to maintain this position in conference with the House. I congratulate and thank the Senator from Florida, Mr. Nelson, for his tenacity on this issue.

Mr. LEVIN. I lay that motion on the table. The motion to lay on the table was agreed to.

Mr. LEVIN. I ask unanimous consent that I be added as a cosponsor to the Byrd amendment, and I congratulate him on trying to address a problem which is endemic. It seems perpetual. I believe it is going to take all the energy of this body and the other body to force them to make the kind of changes this could lead to. I congratulate the Senator.

Mr. LEVIN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. LEVIN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. LEVIN. So this restatement of policy is not intended to modify this in any way. But as I understand it, what the good Senator from Nevada is saying is that some people in the Government have interpreted Executive Order 11850 differently from the way the policy is stated in section 1073?

Mr. LEVIN. First, I thank the Senator from Oklahoma for his amendment, for working to modify that amendment. We think it is a prudent and useful amendment and that it addresses a very significant issue which is how do we obtain more support from other countries to be effective in our effort against terrorism. So we want to thank the Senator from Oklahoma.

Mr. LEVIN. I am trying to understand what the unanimous consent request was. Was it the amendments be considered en bloc and agreed to en bloc?

Mr. LEVIN. I have no objection.

Mr. LEVIN. I thank my friend from Nevada. Mr. President, we will reserve the time. We are not necessarily at all in opposition, but we would like to review this overnight. We thank the Senator from Nevada.

Mr. LEVIN. Is it the intention that the packages be adopted one package at time?

Mr. LEVIN. I am sure we can work it out whether the action has been taken. Have not the four packages been acted upon and approved en bloc?

Mr. LEVIN. Is it the intention of the amendment, then, to state the policy of the United States as reflected in Executive Order 11850?

Mr. LEVIN. So there is no effort, no intent in the statement of policy on line 4 on page 1 through line 6 on page 2, to in any way modify the policy set forth in that Executive Order 11850?

Mr. LEVIN

Mr. LEVIN. Mr. President, I ask unanimous consent that Richard Ferguson be allowed floor privileges during the consideration of the National Defense Authorization Act. He is a Defense fellow for Senator Harry Reid.

Mr. LEVIN. Mr. President, on behalf of Senator Dayton, I ask unanimous consent that the privilege of the floor be granted to Mike Powers, a fellow in his office, for the duration of the floor debate on the bill.