Nomination of Major General Robert T. Clark to be Lieutenant General

NOMINATION OF MAJ. GEN. ROBERT T. CLARK TO BE LIEUTENANT GENERAL

Mr. CORNYN. Mr. President, I came to the floor because I know this is the time that was set aside to talk about the nomination of MG Robert Clark and his promotion to lieutenant general. I want to talk about that in just a moment.

I would say I have been interested in listening to the comments of the Senator from Massachusetts on another topic, on the Medicare conference report that will soon come to the floor. I must confess when that bill was first considered by this body, I could not support it. It was always my hope that once it went through the conference committee it would be improved. Indeed, from what I know of the bill so far, it has been. But I am so far undecided on how to vote on the conference report.

Mr. DAYTON. Mr. President, will the Senator yield for a question? What is the order of business before the Senate?

The PRESIDING OFFICER. Does the Senator from Texas yield for a question?

Mr. CORNYN. Mr. President, if I can conclude my remarks, then I would be glad to yield for a question in the time that remains.

My concern was about some of the comments made or the characterization made about the bill as being the product of some rightwing agenda. I do note in the announcement I heard, along with the American people, on Saturday, with the majority leader and Chairman CHUCK GRASSLEY of the Senate Finance Committee seated there, and also the Speaker of the House DENNY HASTERT, and others, including the ranking member of the Senate Finance Committee, MAX BAUCUS, who is a Democrat, and JOHN BREAUX, the Senator from Louisiana, another Democrat, who both have been leaders on Medicare reform, and what was announced was a bipartisan conference committee agreement on principles.

I do not know how this debate will ultimately pan out, but I do not believe the debate is advanced by, frankly, characterizing it as a product of some conspiracy or captive of some special interest agenda. I do know there are a lot of people who have been active on this issue on both sides of the aisle who support the bill. There are others who express concerns, and I want to explore those in the coming days in deciding how I might ultimately vote.

But, Mr. President, I came to the floor to talk about what I thought was the subject of the day and of this hour, which is the promotion of MG Robert Clark to lieutenant general.

First and foremost, I am well aware of some of the concerns that have been expressed about Major General Clark. I do not believe these concerns are based on any facts, but perhaps sentiment alone.

As we know, as the record reflects, in July 1999, a soldier named PFC Barry Winchell in General Clark's division was murdered by a fellow soldier at Fort Campbell in Kentucky. It is alleged this young man was murdered because he was perceived to be a homosexual.

I am sure I speak for the entire Senate when I say such inhumane acts deserve every condemnation. My heart, and that of others, goes out to the friends and family of Barry Winchell as they mourn his untimely demise.

The perpetrators of this heinous crime were, however, punished to the fullest extent of the law. As the convening authority for the court-martial, Major General Clark played a key role in ensuring the people who savagely killed Private First Class Winchell were, in fact, brought to justice.

Unfortunately, there are those who want to unfairly blame major General Clark for this tragic death.

This is a very serious charge and should not be made lightly. I commend Chairman Warner for his excellent work in making sure that this nomination has been carefully considered by the Senate Armed Services Committee. In fact, the committee spent more than a year looking into this tragic situation so that we could make sure we knew everything that could be known about the facts and circumstances involving Private First Class Winchell's death and any alleged culpability or responsibility that General Clark might bear for this tragedy.

This is what we learned. The Department of the Army inspector general conducted a full investigation into the facts and circumstances of the death of Private First Class Winchell at Major General Clark's request. The inspector general also conducted an overall command climate assessment at Fort Campbell which, as Chairman Warner pointed out, consisted of, at the time, about 25,000 soldiers. Neither the investigation nor the command climate assessment found that Major General Clark was in any way responsible for this sad event. The record, in fact, demonstrates that General Clark conducted himself as a consummate professional, before and after the homicide. He adopted enhanced unit level training programs to ensure that Department of Defense policy was understood and implemented. And he repeatedly took personal action to communicate the requirements of the proper conduct and respect each soldier deserves.

The murder of Barry Winchell was indeed a tragedy. But it would be wrong to allow the career of a great American soldier to be ended over false allegations of some vague perceived shortcomings, when it is clear that he joins all of us in condemning the despicable actions of the drunken soldier that took Barry Winchell's life.

General Clark is more than worthy of promotion to lieutenant general. A San Antonio native, General Clark is a graduate of Texas Tech University and, like many brave Texans, he chose to serve his country in a military career. In fact, 1 out of every 10 men and women in uniform today is from the State of Texas, something of which we are immensely proud. What a career General Clark has had, spanning more than three decades on as many continents. Among other decorations, General Clark has received the Distinguished Service Medal, the Legion of Merit with four Oak Leaf Clusters, the Bronze Star for Valor, and the Bronze Star with Oak Leaf Cluster for his service.

To my mind, these achievements alone would merit his promotion. His record demonstrates that he has been a fine officer and, indeed, a great American patriot.

But there is also this: When Major General Clark was only First Lieutenant Clark, barely a year in uniform, he was serving in Vietnam as the first platoon leader of Company A, the Second Battalion of the 8th Calvary, the 1st Calvary Division. As his men were being extracted from hostile territory following a ground reconnaissance mission, they were engaged by enemy mortar fire, and the first two rounds caused heavy casualties, including Lieutenant Clark. A lesser soldier might have faltered in this situation, but even though he was wounded, Lieutenant Clark did not forget his foremost duty was to his own men. With total disregard for his personal safety, for his wounds, Lieutenant Clark put himself in the line of mortar fire again to carry wounded members of his company out of harm's way. He bravely moved from position to position, urging his men on until help arrived.

For his wounds, Lieutenant Clark was awarded the Purple Heart; for his valor, the Bronze Star.

General Clark has literally bled for his country. He has put his life on the line for his men and, yes, for us. He has dedicated himself to defending American freedoms against all enemies. In short, he is a true American patriot.

There are brave young men and women who today are doing exactly the same thing that General Clark was doing then: fighting for the cause of freedom and democracy in the ongoing war on terror. They are serving a just cause with bravery and dedication. I can think of no better leader than Major General Clark to serve as a living example to them, the next generation of American heroes.

I yield back any remaining time to the Senator from Alabama.