国会记录：2002年5月21日（参议院）Page S4579-S4580 FBI失败幽灵先生。主席先生，我已经寻求认识到联邦调查局的失败，及时对凤凰纪念日作出的作用 - 备忘录合理地明确关于恐怖袭击，基地组织和潜行攻击的警告 - 以及特别是关于联邦调查局的失败，称司法委员会作为监督的关注。我们已经了解到，“联邦调查局”1995年和1996年有资料，其中引用了劫持和击中华盛顿特区的中央情报局总部或其他建筑物的可能性，并且显然信息没有传播到白宫。它在当时没有转交参议院情报委员会，因为我在1995年和1996年担任智力委员会。根据报告，当总统于去年8月6日介绍，鉴于普遍的警告和中央情报局ReportsReports据报道，据报道，1995年和1996年没有关于联邦调查局已知的事项的信息。我认为，参议院司法机构应呼吁联邦调查局署长应对一些非常基本的问题。我说司法委员会因为司法委员会对FBI负有主要责任。正是司法委员会，确认官员官员，我在确认，在他被确认的情况下与他见面之前，我花了大量时间与总监穆勒在一起，然后在司法委员会之前在一定长期地质疑他。那时，我们收到了新任董事不会对FBI进行的同样错误的承诺，实际上是对司法委员会监督恰当的信息转向他自己的信息。我当时与总监指定穆勒讨论的主题之一是FBI文件的关键备忘录返回1996年12月，当时司法部门追求其拳击时，因为担心司法部长普罗纳总统未被保留 Clinton's second term. It was my view that this memo should have been turned over on a voluntary basis as a matter of appropriate disclosure. The Judiciary Committee did not receive that memorandum until a subpoena was issued by a subcommittee that I chaired, and not until April of 2000. While the Intelligence Committees do have the primary responsibility for investigating the intelligence failures of September 11, 2001, the Judiciary Committee has the responsibility on FBI oversight and on the question of reorganization of the FBI. There are major issues that have to be answered as to why the FBI did not tell the CIA about the 1995 and 1996 incidents so that the CIA would have that material available when they briefed the President. This is reminiscent of a major intelligence failure that goes back to September of 1997, when the Senate Governmental Affairs Committee was investigating campaign finance reform. At a joint hearing with the FBI and CIA, the CIA disclosed what the FBI had in its files, which the FBI had not disclosed, saying they had not realized it was in their files. So there are some very fundamental questions to be answered, which do not get into any of the confidential memos and any sources and methods; and that is why Director Mueller of the FBI did not turn over the Phoenix memo to the Judiciary Committee on their own before it was sought after, and why the FBI did not tell the CIA this fundamental information so that the CIA would have it when they were briefing the President. Last Thursday, I wrote to FBI Director Mueller calling on him to answer these questions, and I sent a copy of the letter to Director Tenet of the CIA asking him similar questions. When I saw the reports in the New York Times on Saturday morning about the information from 1995 to 1996 which, I repeat, I had not been told about when I chaired the Intelligence Committee, I called Senator Leahy and Senator Hatch and urged that we have hearings very promptly to find out these basic questions about communications. It is not even necessary to see the Phoenix memorandum to question why it was not disclosed, to find out why the FBI does not communicate with the CIA. I then called Director Mueller to ask if he would be willing to come in to testify early this week. He said he would have to take the matter up with someone else and get back to me. In a second telephone conversation on Saturday, he said he was not prepared to testify until there had been negotiations completed between the Judiciary Committee and the Department of Justice about the disclosure or production of certain documents. I replied that it was not a matter of production of documents; these fundamental questions ought to be answered and ought to be answered promptly for the American people, for Congress, and for the Judiciary Committee in our oversight function. I then reminded Director Mueller that he had a 10-year term. The Congress has given the FBI Director a 10-year term so that he does not have to ask permission from anybody--not the Attorney General, not the President, not anybody--when it comes to a matter where there may be a conflict of opinion between congressional oversight and what the Department of Justice may have in mind. It is up to Director Mueller to make an independent judgment. That is why he has a 10-year term. I did not tell Director Mueller he was subject to a subpoena. That is a matter only for the committee. I did discuss that possibility with the chairman, Senator Leahy, and with the ranking member, Senator Hatch. I then called all of my Republican colleagues on the Judiciary Committee to discuss the situation and discuss the possibilities of a [[Page S4580]] subpoena. However, I did not--I repeat, I did not--talk to Director Mueller about a subpoena. That is a matter for the committee to decide and on which to take the lead. It is not something that I would do. Nor did I ask Director Mueller, or anybody else, for a copy of the notes of the briefing materials that went to President Bush in the purported briefing back on August 6, 2001. No request was made for that. My view--and it is a very strong one, as you can tell from my tone-- is that the FBI has questions to answer, and it is a matter for the Judiciary Committee because we confirmed Robert Mueller. We are the ones who asked him the questions and laid down certain parameters for his expected conduct as Director of the FBI, the most important of which is to tell the Judiciary Committee on his own when there are matters such as the Phoenix memorandum; just as the FBI should have told the Judiciary Committee about the Department of Justice memorandum in December of 1996, which was a smoking gun, with the Department of Justice pulling its punches on the campaign finance investigation because of the concern of Attorney General Reno's retention in the second term. I make these comments very briefly this morning, and I know the assistant majority leader is waiting to proceed to the business at hand. I think these matters are of the utmost importance; the American people need to know about them. I hope Director Mueller will appear promptly before the Judiciary Committee and not wait until after our lengthy recess to take up the issues that require answers now. I thank the Chair and yield the floor. The ACTING PRESIDENT pro tempore. The Senator from Nevada. Mr. REID. Mr. President, what is the business before the Senate? ____________________