[Congressional Record: August 3, 2007 (Senate)]
[Page S10938-S10940]
SENATE RESOLUTION 302--CENSURING THE PRESIDENT AND VICE PRESIDENT
Mr. FEINGOLD (for himself, Mr. Harkin, and Mrs. Boxer) submitted the
following resolution; which was referred to the Committee on Foreign
Relations:
S. Res. 302
Resolved,
SECTION 1. BASIS FOR CENSURE.
(a) Iraq's Alleged Nuclear Program.--The Senate finds the
following:
(1) In December 2001, the intelligence community assessed
that Iraq did not appear to have reconstituted its nuclear
weapons program.
(2) The October 2002 National Intelligence Estimate
assessed that Iraq did not have a nuclear weapon or
sufficient material to make one, and that without sufficient
fissile material acquired from abroad, Iraq probably would
not be able to make a weapon until 2007 or 2009.
(3) On October 6, 2002, the Central Intelligence Agency
advised the White House to remove references to Iraq seeking
uranium from Africa from a Presidential speech, citing weak
evidence.
(4) In November 2002, the United States Government told the
International Atomic Energy Association that ``reporting on
Iraqi attempts to procure uranium from Africa are fragmentary
at best.''.
(5) On March 7, 2003, the Director General of the
International Atomic Energy Association reported to the
United Nations Security Council that inspectors had found
``no evidence or plausible indication of the revival of a
nuclear weapons program in Iraq.''.
(6) On March 11, 2003, the Central Intelligence Agency
stated that it did not dispute the International Atomic
Energy Association conclusions that the documents on Iraq's
agreement to buy uranium from Niger were not authentic.
(7) President George W. Bush and Vice President Richard B.
Cheney overstated the nature and urgency of the threat posed
by Saddam Hussein by making repeated, unqualified assertions
about an Iraqi nuclear program that were not supported by
available intelligence, including--
(A) on March 22, 2002, President George W. Bush stated that
``[Saddam] is a dangerous man who possesses the world's most
dangerous weapons.'';
(B) on August 26, 2002, Vice President Richard B. Cheney
stated that ``[m]any of us are convinced that Saddam will
acquire nuclear weapons fairly soon.'';
(C) on September 8, 2002, Vice President Richard B. Cheney
stated that ``[w]e do know, with absolute certainty, that he
is using his procurement system to acquire the equipment he
needs in order to enrich uranium to build a nuclear
weapon.'';
(D) on September 20, 2002, Vice President Richard B. Cheney
stated that ``we now have irrefutable evidence that he has
once again set up and reconstituted his program, to take
uranium, to enrich it to sufficiently high grade, so that it
will function as the base material as a nuclear weapon.'';
(E) on October 7, 2002, President George W. Bush stated
that ``[f]acing clear evidence of peril, we cannot wait for
the final proof--the smoking gun--that could come in the form
of a mushroom cloud.'';
(F) on December 31, 2002, President George W. Bush stated
that ``[w]e don't know whether or not [Saddam] has a nuclear
weapon.'';
(G) on January 28, 2003, President George W. Bush stated
that ``[t]he British government has learned that Saddam
Hussein recently sought significant quantities of uranium
from Africa.''; and
(H) on March 16, 2003, Vice President Richard B. Cheney
stated that ``[w]e believe [Hussein] has, in fact,
reconstituted nuclear weapons.''.
(b) Saddam's Alleged Intent to Use Weapons of Mass
Destruction.--The Senate finds the following:
(1) The October 2002 National Intelligence Estimate
assessed that ``Baghdad for now appears to be drawing a line
short of conducting terrorist attacks with conventional or
CBW against the United States, fearing that exposure of Iraqi
involvement would provide Washington a stronger cause for
making war'' and that ``Iraq probably would attempt
clandestine attacks against the United States Homeland if
Baghdad feared an attack that threatened the survival of the
regime were imminent or unavoidable, or possibly for
revenge.''.
(2) President George W. Bush and Vice President Richard B.
Cheney made misleading statements, that were not supported by
the available intelligence, suggesting that Saddam Hussein
sought weapons of mass destruction for the purpose of an
unprovoked, offensive attack, including--
(A) on August 26, 2002, Vice President Richard B. Cheney
stated that ``. . . there is no doubt that Saddam Hussein now
has weapons of mass destruction. There is no doubt he is
amassing them to use against our friends, against our allies,
and against us.'';
(B) on August 26, 2002, Vice President Richard B. Cheney
stated that ``[t]hese are not weapons for the purpose of
defending Iraq; these are offensive weapons for the purpose
of inflicting death on a massive scale, developed so that
Saddam can hold the threat over the head of anyone he
chooses, in his own region or beyond.''; and
(C) on October 2, 2002, President George W. Bush stated
that ``On its present course, the Iraqi regime is a threat of
unique urgency. We know the treacherous history of the
regime. It has waged a war against its neighbors, it has
sponsored and sheltered terrorists, it has developed weapons
of mass death, it has used them against innocent men, women
and children. We know the designs of the Iraqi regime.''.
(c) Saddam's Alleged Links to Al Qaeda and 9/11.--The
Senate finds the following:
(1) Before the war, the Central Intelligence Agency
assessed that ``Saddam has viewed Islamic extremists
operating inside Iraq as a threat, and his regime since its
inception has arrested and executed members of both Shia and
Sunni groups to disrupt their organizations and limit their
influence,'' that ``Saddam Hussain and Usama bin Laden are
far from being natural partners,'' and that assessments about
Iraqi links to al Qaeda rest on ``a body of fragmented,
conflicting reporting from sources of varying reliability.''.
(2) President George W. Bush and Vice President Richard B.
Cheney overstated the threat posed by Saddam Hussein by
making unqualified assertions that were not supported by
available intelligence linking Saddam Hussein to the
September 11, 2001, terrorist attacks and stating that Saddam
Hussein and al Qaeda had a relationship and that Saddam
Hussein would provide al Qaeda with weapons of mass
destruction for purposes of an offensive attack against the
United States, including--
(A) on September 25, 2002, President George W. Bush stated
that ``[Y]ou can't distinguish between al Qa'ida and Saddam
when you talk about the war on terror.'';
(B) on September 26, 2002, President George W. Bush stated
that ``[t]he dangers we face will only worsen from month to
month and from year to year . . . Each passing day could be
the one on which the Iraqi regime gives anthrax or VX--nerve
gas--or some day a nuclear weapon to a terrorist ally.'';
(C) on October 14, 2002, President George W. Bush stated
that ``[t]his is a man that we know has had connections with
al Qa'ida. This is a man who, in my judgment, would like to
use al Qa'ida as a forward army.'';
(D) on November 7, 2002, President George W. Bush stated
that ``[Saddam is] a threat because he is dealing with al
Qaida . . . [A] true threat facing our country is that an al
Qaida-type network trained and armed by Saddam could attack
America and not leave one fingerprint.'';
(E) on January 31, 2003, President George W. Bush stated
that ``Saddam Hussein would like nothing more than to use a
terrorist network to attack and to kill and leave no
fingerprints behind.'';
(F) on March 16, 2003, Vice President Richard B. Cheney
stated that ``we also have to address the question of where
might these terrorists acquire weapons of mass destruction,
chemical weapons, biological weapons,
[[Page S10939]]
nuclear weapons? And Saddam Hussein becomes a prime suspect
in that regard because of his past track record and because
we know he has, in fact, developed these kinds of
capabilities, chemical and biological weapons. We know he's
used chemical weapons. And we know he's reconstituted these
programs since the Gulf War. We know he's out trying once
again to produce nuclear weapons and we know that he has a
long-standing relationship with various terrorist groups,
including the al-Qaeda organization.'';
(G) on March 17, 2003, President George W. Bush stated that
``The danger is clear: using chemical, biological or, one
day, nuclear weapons obtained with the help of Iraq, the
terrorists could fulfill their stated ambitions and kill
thousands or hundreds of thousands of innocent people in our
country or any other.'';
(H) on May 1, 2003, President George W. Bush stated that
``[t]he liberation of Iraq . . . removed an ally of al
Qaeda.'';
(I) on September 14, 2003, Vice President Richard B. Cheney
stated that ``the Iraqi intelligen[ce] service had a
relationship with al Qaeda that developed throughout the
decade of the 90's. That was clearly official policy.'';
(J) on September 14, 2003, Vice President Richard B. Cheney
stated that ``[i]f we're successful in Iraq . . . we will
have struck a major blow right at the heart of the base, if
you will, the geographic base of the terrorists who have had
us under assault now for many years, but most especially on
9/11.''; and
(K) on March 21, 2006, President George W. Bush said at a
press conference, ``But we realized on September the 11th,
2001, that killers could destroy innocent life. And I'm never
going to forget it. And I'm never going to forget the vow I
made to the American people that we will do everything in our
power to protect our people. Part of that meant to make sure
that we didn't allow people to provide safe haven to an
enemy. And that's why I went into Iraq.''.
(d) Inadequate Planning and Insufficient Troop Levels.--The
Senate finds the following:
(1) The intelligence community judged in January 2003 that
``[t]he ouster of Iraqi dictator Saddam Hussayn would pose a
variety of significant policy challenges for whoever assumes
responsibility for governing Iraq'' including ``political
transformation, controlling internal strife, solving economic
and humanitarian challenges, and dealing with persistent
foreign policy and security concerns.''.
(2) The intelligence community judged in January 2003 that
``a post-Saddam authority would face a deeply divided society
with a significant chance that domestic groups would engage
in violent conflict with each other unless an occupying force
prevented them from doing so.''.
(3) These judgments were delivered to the White House and
Office of the Vice President.
(4) Then Army Chief of Staff General Shinseki testified on
February 25, 2003, that ``something on the order of several
hundred thousands soldiers'' would be needed to secure Iraq
following a successful completion of the war.
(5) General Abizaid, then-CENTCOM commander, testified
before the Senate Armed Services Committee on November 15,
2006, that ``General Shinseki was right that a greater
international force contribution, United States force
contribution and Iraqi force contribution should have been
available immediately after major combat operations.''.
(6) After President George W. Bush declared the end of
major combat operations in Iraq, there were insufficient
troops to prevent the outbreak of violence and lawlessness
that contributed to the flight of millions of Iraqis and the
deaths of tens of thousands of Iraqis.
(7) The Government Accountability Office provided testimony
to the Subcommittee on National Security and Foreign Affairs,
House Committee on Oversight and Government Reform, on March
22, 2007, that due to insufficient troop levels, United
States forces were unable to secure conventional weapons
stockpiles in Iraq that continue to pose a threat to American
servicemembers.
(8) President George W. Bush failed to ensure that plans
were prepared and implemented to address the challenges that
the intelligence community predicted would occur after the
ouster of Saddam Hussein, and in particular failed to ensure
that there were sufficient coalition troops in Iraq after
major combat operations ended to maintain security and secure
weapons stockpiles.
(e) Strain on Military and Undermining Homeland Security.--
The Senate finds the following:
(1) Retired Major General John Batiste, former commander of
the First Infantry Division in Iraq, testified before the
House Committee on Foreign Affairs on June 27, 2007, that
``[o]ur Army and Marine Corps are at a breaking point at a
time in history when we need a strong military the most. The
cycle of deployments is staggering. American formations
continue to lose a battalion's worth of dead and wounded
every month with little to show for it. The current
recruiting system falls drastically short of long-term
requirements and our all-volunteer force can not sustain the
current tempo for much longer. The military is spending over
$1,000,000,000 a year in incentives in a last ditch effort to
keep the force together. Young officers and noncommissioned
officers are leaving the service at an alarming rate.''.
(2) Extended deployments of 15 months, and insufficient
time to rest and train between deployments, have undermined
the readiness of the Army.
(3) The Army National Guard reported as early as July 2005
that equipment transfers to deploying units ``had largely
exhausted its inventory of more than 220 critical items,
including some items useful to nondeployed units for training
and domestic missions.''.
(4) The Government Accountability Office found, in
September 2006, that ``[a]mong the items for which the Army
National Guard had shortages of over 80 percent of the
authorized inventory were chemical warfare monitoring and
decontamination equipment and night vision goggles''.
(5) President George W. Bush's policies in Iraq have
undermined homeland security by depleting the personnel and
equipment needed by the National Guard.
(f) Insurgency in ``Last Throes''.--The Senate finds the
following:
(1) Multi-National Force-Iraq reports indicate that the
number of attacks on coalition forces has increased since the
beginning of military action.
(2) The Government Accountability Office, in March 2007,
reported that attacks using improvised explosive devices
continued to increase between 2005 and July 2006.
(3) On June 23, 2005, General John Abizaid, in his capacity
as head of Central Command, testified before the Senate Armed
Services Committee about the state of the insurgency that
``[i]n terms of comparison from 6 months ago, in terms of
foreign fighters I believe there are more foreign fighters
coming into Iraq than there were 6 months ago. In terms of
the overall strength of the insurgency, I'd say it's about
the same as it was.''.
(4) President George W. Bush's Initial Benchmark Assessment
report from July 12, 2007, states that ``[a]s a result of
increased offensive operations, Coalition and Iraqi Forces
have sustained increased attacks in Iraq, particularly in
Baghdad, Diyala, and Salah ad Din.''.
(5) Vice President Richard B. Cheney made misleading
statements that the insurgency in Iraq was in its ``last
throes,'' including--
(A) on May 30, 2005, Vice President Richard B. Cheney said,
``The level of activity that we see today from a military
standpoint, I think, will clearly decline. I think they're in
the last throes, if you will, of the insurgency.''; and
(B) on June 19, 2006, Vice President Richard B. Cheney was
asked whether he still supported the comment he made in 2005,
regarding the fact that the insurgency in Iraq was in its
``last throes,'' to which he responded ``I do.''
SEC. 2. CENSURE BY THE SENATE.
The Senate censures President George W. Bush and Vice
President Richard B. Cheney for--
(1) misleading the American people about the basis for
going to war in Iraq;
(2) failing to plan adequately for the war;
(3) pursuing policies in Iraq that have strained our
military and undermined our homeland security; and
(4) misleading the American people about the insurgency in
Iraq.
Mr. FEINGOLD. Mr. President, today I am introducing two censure
resolutions condemning the President, Vice President, and Attorney
General for their misconduct relating to the war in Iraq and for their
repeated assaults on the rule of law. These censure resolutions are
critical steps to hold the administration accountable for the
misconduct and egregious abuses of the law that we have witnessed over
the past 6\1/2\ years.
When future generations look back at the misbehavior of this
administration, they need to know that an equal branch of Government
stood up and formally repudiated that misbehavior. They need to know
that this administration was not allowed to violate with impunity the
principles on which our Nation was founded.
Some have said that censure does too little. Others protest that it
goes too far. I understand the concerns of those who believe that this
administration deserves worse than censure. I agree that censure is not
a cure for the devastating toll this administration's actions have had
on this country. But it is a step in the right direction and it most
certainly is important for the historical record. Because censure does
not require multiple impeachments in the House and trials in the
Senate, or the support of two-thirds of Senators, it is far less
cumbersome than impeachment. We can pass these resolutions without
taking significant time away from our efforts to address other pressing
matters.
The first resolution, S. Res. 302, cosponsored by Senators Harkin and
Boxer, censures the President and Vice President for their misconduct
relating to the war in Iraq. It cites their misleading pre-war
statements, which
[[Page S10940]]
were not based on available intelligence, exaggerating the threat posed
by Saddam Hussein and the likelihood that he had nuclear weapons, and
falsely implying that he had a relationship with al Qaeda and links to
9/11. This resolution also condemns the President's appalling failure
to ensure that adequate plans were in place to address the post-Saddam
problems predicted by the intelligence community, and in particular his
failure to ensure that sufficient troops were deployed to maintain
order and secure weapons stockpiles in Iraq. The resolution censures
the President for pursuing policies in Iraq that have placed unfair
burdens on our brave men and women in uniform and undermined our
homeland security. The resolution censures the Vice President for his
misleading statements about the Iraqi insurgency being in its ``last
throes.'' The Vice President's recent, belated concession that he was
incorrect does not mitigate his efforts to mislead the American people
on this point.
The second resolution, S. Res. 303, cosponsored by Senator Harkin,
censures the President and Attorney General for undermining the rule of
law. The President and Attorney General have shown flagrant disregard
for statutes, for treaties ratified by the United States, and for our
own Constitution--all in an effort to consolidate more and more power
in the executive branch. In the process, they have repeatedly misled
the American people. Among the abuses of the rule of law that this
censure resolution addresses are the illegal warrantless wiretapping
program at the National Security Agency, the administration's
interrogation policy, extreme positions taken on treatment of detainees
that have been repeatedly rejected by the Supreme Court, misleading
statements by the President and the Attorney General on the USA PATRIOT
Act, the refusal to recognize and cooperate with Congress's legitimate
responsibility to conduct oversight, and the use of signing statements
that further demonstrate this President does not believe he has to
follow the laws that Congress writes.
More than a year ago, I introduced a resolution to censure the
President for breaking the law with his warrantless wiretapping program
and for misleading the public and Congress before and after the program
was revealed. This time, I am taking a broader approach because
evidence of the administration's misconduct, misleading statements and
abuses of power has only mounted since then.
While I do not believe impeachment proceedings would be best for the
country, I share the public's deep anger at this administration's
repeated and serious wrongdoing and its refusal to acknowledge or
answer for its actions. These two resolutions give Congress a way to
condemn the administration's actions without taking time and energy
away from the other critically important work before us.
Passing these resolutions would also make clear, not only to the
American people today, but also to future generations, how this
President and this administration misserved the country. History will
judge them, and us, by our actions, so we must formally condemn the
malfeasance of this President and his administration.
Censure is a measured approach that both holds this administration
accountable and allows Congress to focus on ending the war in Iraq,
protecting the rule of law and addressing the many other needs of the
American people. I am pleased to be working with Congressman Maurice
Hinchey, who is introducing companion legislation.
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