Mike DeWine on Homeland Security Former Republican Sr Senator (OH, 1995-2007)

Brown voted 10 times to cut intelligence spending

BROWN: You know better than making charges like that, that are just unsubstantiated.

DEWINE: The roll call was there.

BROWN: I ultimately voted every time for those intelligence budgets. And he knows that.

DEWINE: The majority of times of those 10 times where Sherrod Brown voted to cut our intelligence spending, he was the minority even of his own party.

I don’t have confidence in Rumsfeld

DeWINE: I’ve already said I don’t have confidence in Rumsfeld.He’s made major mistakes in this war. There’s absolutely no doubt about it. The decision to put Rumsfeld in was made by the president, and that’s his decision to keep. I was not elected president of the United States, the president was. That’s why we have elections.

Q: Would you urge the president to replace him?

DeWINE: By saying I don’t have confidence, it makes it pretty clear what I think.

Q: That you’re urging the president?

DeWINE: I don’t think that he’s done a good job.

Q: Who would you put in there?

DeWINE: I’m not going to the point of specula

Voted NO on preserving habeas corpus for Guantanamo detainees.

Sen. GRAHAM [recommending NO]: The fundamental question for the Senate to answer when it comes to determining enemy combatant status is, Who should make that determination? Should that be a military decision or should it be a judicial decision? That is something our military should do.

Sen. SPECTER [recommending YES]: My amendment would retain the constitutional right of habeas corpus for people detained at Guantanamo. The right of habeas corpus was established in the Magna Carta in 1215 when, in England, there was action taken against King John to establish a procedure to prevent illegal detention. What the bill seeks to do is to set back basic rights by some 900 years. This amendment would strike that provision and make certain that the constitutional right of habeas corpus is maintained.

GRAHAM: Do we really want enemy prisoners to bring every lawsuit known to man against the people fighting the war and protecting us? No enemy prisoner should have access to Federal courts--a noncitizen, enemy combatant terrorist--to bring a lawsuit against those fighting on our behalf. No judge should have the ability to make a decision that has been historically reserved to the military. That does not make us safer.

SPECTER: The US Constitution states that "Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." We do not have either rebellion or invasion, so it is a little hard for me to see, as a basic principle of constitutional law, how the Congress can suspend the writ of habeas corpus.

GRAHAM: If the Supreme Court does say in the next round of legal appeals there is a constitutional right to habeas corpus by those detained at Guantanamo Bay, then Sen. Specter is absolutely right.

Voted NO on requiring CIA reports on detainees & interrogation methods.

Opponents recommend voting NO because:

I question the need for a very lengthy, detailed report every 3 months. We will probably see those reports leaked to the press.

This amendment would spread out for the world--and especially for al-Qaida and its related organizations--precisely what interrogation techniques are going to be used.

If we lay out, in an unclassified version, a description of the techniques by the Attorney General, that description will be in al-Qaida and Hezbollah and all of the other terrorist organizations' playbook. They will train their assets that: This is what you must be expected to do, and Allah wants you to resist these techniques.

We are passing this bill so that we can detain people. If we catch someone like Khalid Shaikh Mohammed, we have no way to hold him, no way to ask him the questions and get the information we need, because the uncertainty has brought the program to a close. It is vitally important to our security, and unfortunately this amendment would imperil it.

Voted YES on reauthorizing the PATRIOT Act.

A bill to clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, and for other purposes.

Opponents of the bill say to vote NAY because:
• Some may see the vote we are about to have as relatively trivial. They are mistaken. While the bill we are voting on makes only minor cosmetic changes to the PATRIOT Act, it will allow supporting the PATRIOT Act conference report that was blocked in December. Cosmetic changes simply don't cut it when we are talking about protecting the rights and freedoms of Americans from unnecessarily intrusive Government powers.
• The White House has tried to make life uncomfortable for Senators. It has suggested they are soft on terrorism, that they don't understand the pressing threat facing this country, that they are stuck in a pre-9/11 mindset. Those attacks should be rejected.
• We can fight terrorism aggressively without compromising our most fundamental freedoms against Government intrusion. The Government grabbed powers it should not have when it passed the original PATRIOT Act and we should not be ratifying that power grab today. The PATRIOT Act reauthorization conference report is flawed. S. 2271 pretends to fix it but I don't think anyone is fooled, least of all our constituents.
• Because the Republican leadership obstructed efforts to improve the bill, the "police state" provisions regarding gag orders remain uncorrected. The Senate should get down to the serious business of legislating real fixes to the PATRIOT Act.

Voted YES on extending the PATRIOT Act's wiretap provision.

Voted NO on restricting business with entities linked to terrorism.

• Empower the President under the Trading with the Enemy Act to prohibit US businesses and their subsidiaries from transacting with foreign businesses identified as having links to terrorism.
• Forbid US businesses and their subsidiaries from engaging in transactions with any foreign business whose parent country has been identified as a supporter of international terrorism.
• Require the President to publish a list of foreign businesses identified as having links to terrorism, and bans US ownership or control of foreign businesses engaged in transactions with such businesses.
• Call for US businesses to disclose in their annual reports any ownership stake of at least 10% in a foreign business that is itself engaging in transactions with a proscribed foreign business.

Voted YES on restoring $565M for states' and ports' first responders.

Voted NO on adopting the Comprehensive Nuclear Test Ban Treaty.

Voted YES on allowing another round of military base closures.

Voted YES on cutting nuclear weapons below START levels.

Voted YES on deploying National Missile Defense ASAP.

Voted YES on military pay raise of 4.8%.

Voted YES on prohibiting same-sex basic training.

Voted YES on favoring 36 vetoed military projects.

Voted YES on banning chemical weapons.

Voted YES on considering deploying NMD, and amending ABM Treaty.

Voted YES on 1996 Defense Appropriations.

Small business in developing homeland security technologies.

Expresses the sense of the Senate that: (1) small business participation is vital to U.S. defense and should play an active role in assisting the military, Federal intelligence and law enforcement agencies, and State and local police to combat terrorism through the design and development of innovative products; and (2) Federal, State, and local governments should aggressively seek out and purchase innovative technologies and services from, and promote research opportunities for, American small businesses to help in homeland defense and the fight against terrorism. Passed/agreed to in Senate.

Rated 0% by SANE, indicating a pro-military voting record.

Peace Action, the merger of The Committee for a Sane Nuclear Policy (SANE) and The Freeze, has effectively mobilized for peace and disarmament for over forty years. As the nation's largest grassroots peace group we get results: from the 1963 treaty to ban above ground nuclear testing, to the 1996 signing of the Comprehensive Test Ban Treaty, from ending the war in Vietnam, to blocking weapons sales to human rights abusing countries. We are proof that ordinary people can change the world. At Peace Action we believe...

• That every person has the right to live without the threat of nuclear weapons.
• That war is not a suitable response to conflict.
• That America has the resources to both protect and provide for its citizens.

The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

Hiding sources made post-9-11 analysis impossible.

CONCLUSIONS - TERRORISM
• Conclusion 8. Intelligence Community analysts lack a consistent post-September 11 approach to analyzing and reporting on terrorist threats.
• Conclusion 9. Source protection policies within the Intelligence Community direct or encourage reports officers to exclude relevant detail about the nature of their sources. As a result, analysts community-wide are unable to make fully informed judgments about the information they receive, relying instead on nonspecific source lines to reach their assessments. Moreover, relevant operational data is nearly always withheld from analysts, putting them at a further analytical disadvantage.
• Conclusion 10. The Intelligence Community relies too heavily on foreign government services and third party reporting, thereby increasing the potential for manipulation of U.S. policy by foreign interests.
• Conclusion 11. Several of the allegations of pressure on Intelligence Community (IC) analysts involved repeated questioning. The Committee believes that IC analysts should expect difficult and repeated questions regarding threat information. Just as the post 9/11 environment lowered the Intelligence Community's reporting threshold, it has also affected the intensity with which policymakers will review and question threat information.

CIA depends too heavily on defectors & not enough on HUMINT.

WEAPONS OF MASS DESTRUCTION (WMD) COLLECTION CONCLUSIONS
• Conclusion 77. The Intelligence Community relied too heavily on United Nations (UN) BLACKED OUT information about Iraq's programs and did not develop a sufficient unilateral collection effort targeting Iraq's weapons of mass destruction programs and related activities to supplement UN-collected information and to take its place upon the departure of the UN inspectors.
• Conclusion 78. The Intelligence Community depended too heavily on defectors and foreign government services to obtain human intelligence (HUMINT) information on Iraq's weapons of mass destruction activities. Because the Intelligence Community did not have direct access to many of these sources, it was exceedingly difficult to determine source credibility.
• Conclusion 79. The Intelligence Community waited too long after inspectors departed Iraq to increase collection against Iraq's weapons of mass destruction programs.
• Conclusion 80. Even after the departure of United Nations (UN) inspectors, placement of human intelligence (HUMINT) agents and development of unilateral sources inside Iraq were not top priorities for the Intelligence Community.
• Conclusion 81. The Central Intelligence Agency (CIA) continues to excessively compartment sensitive human intelligence (HUMINT) reporting and fails to share important information about HUMINT reporting and sources with Intelligence Community analysts who have a need to know.
• Conclusion 82. BLACKED OUT. The lack of in-country human intelligence (HUMINT) collection assets contributed to this collection gap.

Administration did not pressure CIA on WMD conclusions.

PRESSURE CONCLUSIONS
• Conclusion 83. The Committee did not find any evidence that Administration officials attempted to coerce, influence or pressure analysts to change their judgments related to Iraq's weapons of mass destruction capabilities.
• Conclusion 84. The Committee found no evidence that the Vice President's visits to the Central Intelligence Agency were attempts to pressure analysts, were perceived as intended to pressure analysts by those who participated in the briefings on Iraq's weapons of mass destruction programs, or did pressure analysts to change their assessments.
• Conclusion 102. The Committee found that none of the analysts or other people interviewed by the Committee said that they were pressured to change their conclusions related to Iraq's links to terrorism. After 9/11, however, analysts were under tremendous pressure to make correct assessments, to avoid missing a credible threat, and to avoid an intelligence failure on the scale of 9/11. As a result, the Intelligence Community's assessments were bold and assertive in pointing out potential terrorist links. For instance, the June 2002 Central Intelligence Agency assessment Iraq and al-Qaida: Interpreting a Murky Relationship was, according to its Scope Note, "purposefully aggressive" in drawing connections between Iraq and al-Qaida in an effort to inform policymakers of the potential that such a relationship existed. All of the participants in the August 2002 coordination meeting on the September 2002 version of Iraqi Support/or Terrorism interviewed by the Committee agreed that while some changes were made to the paper as a result of the participation of two Office of the Under Secretary of Defense for Policy staffers, their presence did not result in changes to their analytical judgments.

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