06 December 2001
Text: Ashcroft Says Terrorism Investigation Aims to Protect Lives
(Rights of detained are being protected, he says) (2880)
U.S. Attorney General John Ashcroft says efforts by the Justice
Department, as well as a proposed military tribunal, have been crafted
to target terrorists, while attempting to save lives.
"Our legal powers are targeted at terrorists. Our investigation is
focused on terrorists. Our prevention strategy targets the terrorist
threat," Ashcroft said in prepared testimony before the Senate
Judiciary Committee December 6. "Our efforts have been carefully
crafted to avoid infringing on constitutional rights while saving
American lives."
The Senate Judiciary Committee has conducted a series of hearings on
the powers and aggressive investigative tactics being exercised by the
Justice Department following the September 11th terrorist attacks on
the United States. Ashcroft testified December 6 on measures that have
been taken by the Bush administration to counteract terrorism,
authorized in part by anti-terrorism legislation sought by the
president and passed by Congress since the attacks.
Ashcroft said that currently the U.S. government has brought criminal
charges against 110 individuals, of whom 60 are in custody, and the
Immigration and Naturalization Service has detained 563 individuals on
immigration violations.
"We have engaged in a deliberate campaign of arrest and detention of
law breakers," he said. "All persons being detained have the right to
contact their lawyers and their families. Out of respect for their
privacy, and concern for saving lives, we will not publicize the names
of those detained."
The Justice Department is monitoring conversations of 16 of the
158,000 inmates now in federal custody and their attorneys because
these communications are suspected of facilitating acts of terrorism,
he said. Nevertheless, he said each prisoner has been told in advance
that his conversations will be monitored.
"Information will only be used to stop impending terrorist acts and
save American lives," Ashcroft said.
And Ashcroft said the Justice Department and the Federal Bureau of
Investigation (FBI) are seeking to question a limited number of
individuals who are visiting the United States on passports from
countries with active al-Qaida operations.
"We are forcing them to do nothing," he said. "We are merely asking
them to do the right thing: to willingly disclose information they may
have of terrorist threats to the lives and safety of all people in the
United States."
Ashcroft also told the Judiciary Committee that he and FBI officials
have met with members of Congress and their staffs on more than 100
occasions since September 11th to keep them informed of actions being
taken in the 87-day-old investigation.
Following is the text of Ashcroft's remarks as prepared for delivery:
(begin text)
Testimony of Attorney General John Ashcroft
Senate Committee on the Judiciary
(NOTE: THE ATTORNEY GENERAL OFTEN DEVIATES FROM PREPARED REMARKS)
December 6
Mr. Chairman, Senator Hatch, members of the Judiciary Committee, thank
you for this opportunity to testify today. It is a pleasure to be back
in the United States Senate.
On the morning of September 11, as the United States came under
attack, I was in an airplane with several members of the Justice
Department en route to Milwaukee, in the skies over the Great Lakes.
By the time we could return to Washington, thousands of people had
been murdered at the World Trade Center. 189 were dead at the
Pentagon. Forty-four had crashed to the ground in Pennsylvania. From
that moment, at the command of the President of the United States, I
began to mobilize the resources of the Department of Justice toward
one single, over-arching and over-riding objective: to save innocent
lives from further acts of terrorism.
America's campaign to save innocent lives from terrorists is now 87
days old. It has brought me back to this committee to report to you in
accordance with Congress's oversight role. I welcome this opportunity
to clarify for you and the American people how the Justice Department
is working to protect American lives while preserving American
liberties.
Since those first terrible hours of September 11, America has faced a
choice that is as stark as the images that linger of that morning. One
option is to call September 11 a fluke, to believe it could never
happen again, and to live in a dream world that requires us to do
nothing differently. The other option is to fight back, to summon all
our strength and all our resources and devote ourselves to better ways
to identify, disrupt and dismantle terrorist networks.
Under the leadership of President Bush, America has made the choice to
fight terrorism -- not just for ourselves but for all civilized
people. Since September 11, through dozens of warnings to law
enforcement, a deliberate campaign of terrorist disruption, tighter
security around potential targets, and a preventative campaign of
arrest and detention of lawbreakers, America has grown stronger -- and
safer -- in the face of terrorism.
Thanks to the vigilance of law enforcement and the patience of the
American people, we have not suffered another major terrorist attack.
Still, we cannot -- we must not -- allow ourselves to grow complacent.
The reasons are apparent to me each morning. My day begins with a
review of the threats to Americans and American interests that were
received in the previous 24 hours. If ever there were proof of the
existence of evil in the world, it is in the pages of these reports.
They are a chilling daily chronicle of hatred of America by fanatics
who seek to extinguish freedom, enslave women, corrupt education, and
to kill Americans wherever and whenever they can.
The terrorist enemy that threatens civilization today is unlike any we
have ever known. It slaughters thousands of innocents -- a crime of
war and a crime against humanity. It seeks weapons of mass destruction
and threatens their use against America. No one should doubt the
intent, nor the depth, of its consuming, destructive hatred.
Terrorist operatives infiltrate our communities -- plotting, planning
and waiting to kill again. They enjoy the benefits of our free society
even as they commit themselves to our destruction. They exploit our
openness -- not randomly or haphazardly -- but by deliberate,
premeditated design.
This is a seized al-Qaida training manual -- a "how-to" guide for
terrorists -- that instructs enemy operatives in the art of killing in
a free society. Prosecutors first made this manual public in the trial
of the al-Qaida terrorists who bombed U.S. embassies in Africa. We are
posting several al-Qaida lessons from this manual on our website today
so Americans can know our enemy.
In this manual, al-Qaida terrorists are told how to use America's
freedom as a weapon against us. They are instructed to use the
benefits of a free press -- newspapers, magazines and broadcasts -- to
stalk and kill their victims. They are instructed to exploit our
judicial process for the success of their operations. Captured
terrorists are taught to anticipate a series of questions from
authorities and, in each response, to lie -- to lie about who they
are, to lie about what they are doing and to lie about who they know
in order for the operation to achieve its objective. Imprisoned
terrorists are instructed to concoct stories of torture and
mistreatment at the hands of our officials. They are directed to take
advantage of any contact with the outside world to, quote,
"communicate with brothers outside prison and exchange information
that may be helpful to them in their work. The importance of mastering
the art of hiding messages is self-evident here."
Mr. Chairman and members of the committee, we are at war with an enemy
who abuses individual rights as it abuses jet airliners: as weapons
with which to kill Americans. We have responded by redefining the
mission of the Department of Justice. Defending our nation and its
citizens against terrorist attacks is now our first and overriding
priority.
We have launched the largest, most comprehensive criminal
investigation in world history to identify the killers of September 11
and to prevent further terrorist attacks. Four thousand FBI agents are
engaged with their international counterparts in an unprecedented
worldwide effort to detect, disrupt and dismantle terrorist
organizations.
We have created a national task force at the FBI to centralize control
and information sharing in our investigation. This task force has
investigated hundreds of thousands of leads, conducted over 500
searches, interviewed thousands of witnesses and obtained numerous
court-authorized surveillance orders. Our prosecutors and agents have
collected information and evidence from countries throughout Europe
and the Middle East.
Immediately following the September 11 attacks, the Bureau of Prisons
acted swiftly to intensify security precautions in connection with all
al-Qaida and other terrorist inmates, increasing perimeter security at
a number of key facilities.
We have sought and received additional tools from Congress. Already,
we have begun to utilize many of these tools. Within hours of passage
of the USA PATRIOT Act, we made use of its provisions to begin
enhanced information sharing between the law-enforcement and
intelligence communities. We have used the provisions allowing
nationwide search warrants for e-mail and subpoenas for payment
information. And we have used the Act to place those who access the
Internet through cable companies on the same footing as everyone else.
Just yesterday, at my request, the State Department designated 39
entities as terrorist organizations pursuant to the USA PATRIOT Act.
We have waged a deliberate campaign of arrest and detention to remove
suspected terrorists who violate the law from our streets. Currently,
we have brought criminal charges against 110 individuals, of whom 60
are in federal custody. The INS has detained 563 individuals on
immigration violations.
We have investigated more than 250 incidents of retaliatory violence
and threats against Arab Americans, Muslim Americans, Sikh Americans
and South Asian Americans.
Since September 11, the Customs Service and Border Patrol have been at
their highest state of alert. All vehicles and persons entering the
country are subjected to the highest level of scrutiny. Working with
the State Department, we have imposed new screening requirements on
certain applicants for non-immigrant visas. At the direction of the
President, we have created a Foreign Terrorist Tracking Task Force to
ensure that we do everything we can to prevent terrorists from
entering the country, and to locate and remove those who already have.
We have prosecuted to the fullest extent of the law individuals who
waste precious law enforcement resources through anthrax hoaxes.
We have offered non-citizens willing to come forward with valuable
information a chance to live in this country and one day become
citizens.
We have forged new cooperative agreements with Canada to protect our
common borders and the economic prosperity they sustain.
We have embarked on a wartime reorganization of the Department of
Justice. We are transferring resources and personnel to the field
offices where citizens are served and protected. The INS is being
restructured to better perform its service and border security
responsibilities. Under Director Bob Mueller, the FBI is undergoing an
historic reorganization to put the prevention of terrorism at the
center of its law enforcement and national security efforts.
Outside Washington, we are forging new relationships of cooperation
with state and local law enforcement.
We have created 93 Anti-Terrorism Task Forces -- one in each U.S.
Attorney's district -- to integrate the communications and activities
of local, state and federal law enforcement.
In all these ways and more, the Department of Justice has sought to
prevent terrorism with reason, careful balance and excruciating
attention to detail. Some of our critics, I regret to say, have shown
less affection for detail. Their bold declarations of so-called fact
have quickly dissolved, upon inspection, into vague conjecture.
Charges of "kangaroo courts" and "shredding the Constitution" give new
meaning to the term, "the fog of war."
Since lives and liberties depend upon clarity, not obfuscation, and
reason, not hyperbole, let me take this opportunity today to be clear:
Each action taken by the Department of Justice, as well as the war
crimes commissions considered by the President and the Department of
Defense, is carefully drawn to target a narrow class of individuals --
terrorists. Our legal powers are targeted at terrorists. Our
investigation is focused on terrorists. Our prevention strategy
targets the terrorist threat.
Since 1983, the United States government has defined terrorists as
those who perpetrate premeditated, politically motivated violence
against noncombatant targets. My message to America this morning,
then, is this: If you fit this definition of a terrorist, fear the
United States, for you will lose your liberty.
We need honest, reasoned debate; not fear mongering. To those who pit
Americans against immigrants, and citizens against non-citizens; to
those who scare peace-loving people with phantoms of lost liberty; my
message is this: Your tactics only aid terrorists -- for they erode
our national unity and diminish our resolve. They give ammunition to
America's enemies, and pause to America's friends. They encourage
people of good will to remain silent in the face of evil.
Our efforts have been carefully crafted to avoid infringing on
constitutional rights while saving American lives. We have engaged in
a deliberate campaign of arrest and detention of lawbreakers. All
persons being detained have the right to contact their lawyers and
their families. Out of respect for their privacy, and concern for
saving lives, we will not publicize the names of those detained.
We have the authority to monitor the conversations of 16 of the
158,000 federal inmates and their attorneys because we suspect that
these communications are facilitating acts of terrorism. Each prisoner
has been told in advance his conversations will be monitored. None of
the information that is protected by attorney-client privilege may be
used for prosecution. Information will only be used to stop impending
terrorist acts and save American lives.
We have asked a very limited number of individuals -- visitors to our
country holding passports from countries with active Al-Qaida
operations -- to speak voluntarily to law enforcement. We are forcing
them to do nothing. We are merely asking them to do the right thing:
to willingly disclose information they may have of terrorist threats
to the lives and safety of all people in the United States.
Throughout all our activities since September 11, we have kept
Congress informed of our continuing efforts to protect the American
people. Beginning with a classified briefing by Director Mueller and
me on the very evening of September 11, the Justice Department has
briefed members of the House, the Senate and their staffs on more than
100 occasions.
We have worked with Congress in the belief and recognition that no
single branch of government alone can stop terrorism. We have
consulted with members out of respect for the separation of powers
that is the basis of our system of government. However, Congress'
power of oversight is not without limits. The Constitution
specifically delegates to the President the authority to "take care
that the laws are faithfully executed." And perhaps most importantly,
the Constitution vests the President with the extraordinary and sole
authority as Commander-in-Chief to lead our nation in times of war.
Mr. Chairman and members of the committee, not long ago I had the
privilege of sitting where you now sit. I have the greatest reverence
and respect for the constitutional responsibilities you shoulder. I
will continue to consult with Congress so that you may fulfill your
constitutional responsibilities. In some areas, however, I cannot and
will not consult you.
The advice I give to the President, whether in his role as
Commander-in-Chief or in any other capacity, is privileged and
confidential. I cannot and will not divulge the contents, the context,
or even the existence of such advice to anyone -- including Congress
-- unless the President instructs me to do so. I cannot and will not
divulge information, nor do I believe that anyone here would wish me
to divulge information, that will damage the national security of the
United States, the safety of its citizens or our efforts to ensure the
same in an ongoing investigation.
As Attorney General, it is my responsibility -- at the direction of
the President -- to exercise those core executive powers the
Constitution so designates. The law enforcement initiatives undertaken
by the Department of Justice, those individuals we arrest, detain or
seek to interview, fall under these core executive powers. In
addition, the President's authority to establish war-crimes
commissions arises out of his power as Commander in Chief. For
centuries, Congress has recognized this authority and the Supreme
Court has never held that any Congress may limit it.
In accordance with over two hundred years of historical and legal
precedent, the executive branch is now exercising its core
Constitutional powers in the interest of saving the lives of
Americans. I trust that Congress will respect the proper limits of
Executive Branch consultation that I am duty-bound to uphold. I trust,
as well, that Congress will respect this President's authority to wage
war on terrorism and defend our nation and its citizens with all the
power vested in him by the Constitution and entrusted to him by the
American people.
Thank you.
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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