Federal News Service
HEADLINE: HEARING OF THE SENATE ARMED SERVICES COMMITTEE
SUBJECT: MISTREATMENT OF IRAQI PRISONERS
CHAIRED BY: SENATOR JOHN WARNER (R-VA)
WITNESSES: SECRETARY OF DEFENSE DONALD RUMSFELD; GENERAL RICHARD MYERS, CHAIRMAN, JOINT CHIEFS OF STAFF; LES BROWNLEE, ACTING SECRETARY OF THE U.S. ARMY; GENERAL PETER SCHOOMAKER, CHIEF OF STAFF OF THE U.S. ARMY; LIEUTENANT GENERAL LANCE SMITH, DEPUTY COMMANDER, CENTRAL COMMAND
LOCATION: 106 DIRKSEN SENATE OFFICE BUILDING, WASHINGTON, D.C.
BODY:
SEN. JOHN CORNYN (R-TX): Thank you, Mr. Chairman.
Mr. Secretary, listening to the questions and the answers that have been given so far leads me to at least tentatively conclude that there are two major problems here. One is, first, the shock to our conscience, our collective conscience at what we have seen human beings do to degrade and abuse other human beings. But secondly, the shock to our sensibilities as members of Congress who have a collective responsibility to the American people to see these pictures in the press.
But I believe that it was General Myers who talked about-and you also-talked about what we have seen as being a violation of American values. I agree with that, but I also want to talk about other American values-and General Myers alluded to this when he talked about due process, and you mentioned the issue of command influence.
First I'd like to direct your attention back to the news release that CENTCOM issued on January the 16th, 2004, announcing this investigation. And the second and third sentences I want to direct your attention to specifically. This news release says, "The release of specific information concerning the incidents could hinder the investigation which is in its early stages. The investigation will be conducted in a thorough and professional manner."
I think what the American people expect of all of us here is not only that we have high standards of conduct, which I know that the military subscribes to, but we have the training, the oversight, the leadership, the accountability, but also the due process and desire to seek justice when it comes to holding people accountable for their crimes.
And I want to tell you that what you've described here in terms of this chronology of investigation gives me confidence that the Department of Defense has taken this matter as seriously as it should have. And indeed, as you and others have said, not all the facts are in yet. But I do see on this chronology that indeed, after this investigation that there have been criminal charges preferred against some who are guilty of these crimes.
But I would ask you, please, just to briefly talk about your obligation in terms of seeing that the persons who are accused of these crimes get that due process, and to make sure that the investigation-that you maintain the integrity of the investigation by not dripping information out on this incident in a piecemeal basis over the course of the past few months.
SEC. RUMSFELD: You have your finger on the dilemma, on the tension that exists between assuring that you protect the rights of individuals that are in a serious, difficult, criminal prosecution circumstance, and avoiding saying things that either would infringe on their rights or would enable them to escape punishment by virtue of being able to successfully allege that command influence was exercised in a way that prejudiced the decisions up the chain of command.
So we have that problem. And to the extent senior people in the Department of Defense dive down in and start looking in criminal prosecutions in early and mid-stages, the hue and outcry would be horrendous.
And yet, on the other hand, if you've got a situation where something like this is buried in there, along with 3,000 other court martials, and buried in there is something of this significance, we've got to find a way to know that. And we-our country can-doesn't need those kinds of shocks, and the troops don't need it.
SEN. CORNYN: Mr. Secretary, I would just conclude --