NOMINATION OF WILLIAM H. WEBSTER TO BE DIRECTOR OF CENTRAL INTELLIGENCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90G00152R000801520029-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 23, 2016
• Document Release Date: March 13, 2012
• Sequence Number: 29
• Publication Date: May 19, 1987
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2012/03/13: CIA-RDP90GO0152R000801520029-3
CONGRESSIONAL RECORD - SENATE May 19, 1987
The PRESIDING OFFICER. Is
there objection?
Mr. SIMPSON. May I ask the major-
ity leader to ask that the time be
equally divided prior to that time and
that it may be yielded back if there be
remaining time?
Mr. BYRD. Yes; that is a good sug-
gestion.
The PRESIDING OFFICER. Hear-
ing no objection to the majorit} lead-
er's request, it will be so ordered.
Mr. BYRD. I thank the Chair.
ORDER OF PROCEDURE
Mi. BYRD. Mr. President. I ask
unanimous consent that the distin-
guished Senator from Missouri may
proceed for 2 minutes as in marring
business, that he may be permitted to
st, a. k; for 2 minutes: that upon, tO
conclusion the-roof the Senate proceed
to executive session for the consider-
ation of the nomination of Mr. Wil-
Lan-, Webster, and that the time be-
tween that moment and the hour of
545 p.m. today be equally divided
today br-tween the distinguished Sena-
tor from Oklahoma. Mr. BoREN, the
chairman of the Intelligence Commit-
tee. and the distinguished Senator
from Maine, Mr. CoHEN.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. BYRD. Mr. President, : ask
unanimous consent that it be in order,
as in executive session, at this moment
to ask for the yeas and nays on the
Webster nomination.
The PRESIDING OFFICER. Is
there objection? Without objection. it
is so ordered.
Mr. BYRD. Mr. President, I ask for
the yeas and nays.
The PRESIDING OFFICER. Is
there a sufficient second? There is suf-
ficient second.
The yeas and nays ordered.
Mr. BYRD. Mr. President, I thank
the distinguished assistant Republican
leader and all Senators who have con-
tributed in bringing these agreements
into effect.
Mr. SIMPSON. Mr. President, may I
just respond that it is always a tre-
mendous pleasure to work with the
majority leader. He has always been
most courteous and most extraordi-
nary to me even when we were in spir-
ited moments.
Mr. BY RD. Mr. President. I thank
the Senator.
Mr. SIMPSON. Mr. President. may I
inquire, so we might know. if the Web-
ster vote might be the last vote this
evening? Is that appropriate. too?
Mr. BYRD. Mr. President. the
an.eu er is yes. may I say.
CLOTURE MOTION
Mr- BYRD. Mr. President. so that all
Senators will be on notice, I send an-
ottic, cloture motion. to the desk while
the S.-i:atc is on the motion to pro
ceed.
The PRESIDING OFFICER. The
clerk will report the motion.
The legislative clerk read as follows:
We, the undersigned Senators. in accord-
ance with the provisions of Rule XXII of
the Standing Rules of the Senate, hereby
move to bring to a close debate on the
motion to proceed to the consideration of S.
1174, a bill to authorize appropriations for
fiscal years 1988 and 1989 for military ac-
tivities of the Department of Defense. for
military construction. and for defense activi-
ties of the Department of Energy, to pre-
scribe personnel strengths for such fiscal
years for the Armed Forces, and for other
purposes
Senators Robert C. Byrd. John Mt-lchcr.
Quentin Burdick. Wend,1] Ford. Paul
Sarbanes. Jim Sasser. B!1; Proxmire.
Brock Adams, Max Baucus, Barbara
Mikulski. John Glenn. Timothy
Wirth. Frank Lautenbesg. Patrick
Leahy, Daniel K. Inouye, George
Mitchell, J.J. Exon. Dale Puimpe's,
John F. Kerry, and Terry Sanford.
Mr. BYRD. Mr. President, in re-
sponse to the question by the distin-
guished assistant Republican leader,
there will be no more rollcall votes
today following the vote on the nomi
nation of Mr. Webster.
Mr. SIMPSON. I thank the majorit
leader.
Mr. DANFORTH
Chair.
The PRESIDING OFFICER. The
Senator from Missouri.
OPPOSITION TO IMPOSITION OF
CERTAIN TAXES BY THE EU-
ROPEAN COMMUNITY
Mr. DANFORTH. Mr. President, in
late March the Senate passed S. Con.
Res. 21, which expresses the sense of
the Congress that the administration
should vigorously oppose the estab-
lishment of a tax on vegetable and
marine fats and oils by the European
Community, and further states that in
the event that such a tax is imposed,
then our Government should adopt
strong and immediate countermeas-
ures.
Last week, the European parliament
met on this matter and did recom-
mend the imposition of such a vegeta-
ble oil tax. The effect of that tax
would be a tax, the same as a tariff,
equal to 90 percent of the selling price
of soybeans in the European market.
The European market accounts for
nearly half of our export market for
soybeans.
This week, the agricultural ministers
of the European Community are
taking up the question of the vegeta-
ble oil tax.
I believe, and Senator HEFLIN be-
lieves, that it is exceptionally impor-
tant for us to get the message to the
European Community that this is a
very serious matter. When we talk
about trade wars, this really comes as
close to a real trade war possibility as
anything or. the horizon.
Therefore, Senator HEFLIN and I are
circulating a letter to Hon. Wily De
Ciera. who is a corrm.ssioner of the
European Community. to reiterate the
very strong position of the Congress
with respect to the vegetable oil tax
before any action is taken by the agri-
cultural ministers of the European
Community. I hope to have the letter
present during the rollcall vote on the
Webster nomination. I would invite all
interested Senators to sign the letter.
So far we have about a dozen or so
from both parties who have signed the
letter. I would welcome any Senators
who are concerned about this pro-
posed vegetable oil tax to sign on
during the Webster vote.
The PRESIDING OFFICER. The
Senator's time has expired.
EXECUTIVE SESSION
The PRESIDING OFFICER. Under
the previous order, the Senate will
now go into executive session to con-
sider the nomination of William H.
Webster, which the clerk will report.
NOMINATION OF WILLIAM H.
WEBSTER TO BE DIRECTOR
OF CENTRAL INTELLIGENCE
The legislative clerk read the nomi-
nation of William H. Webster, of Mis-
souri, to be Director of Central Intelli-
gence.
The PRESIDING OFFICER. The
Senator from Oklahoma.
Mr. BOREN. Mr. President, I am
pleased to speak as chairman of the
Senate Select Committee on Intelli-
gence in favor of the nomination of
Judge William H. Webster to be the
Director of Central Intelligence.
The Senate Select Committee on In-
telligence reported out this nomina-
tion, by unanimous vote, on May 1,
1987, after an exhaustive review of his
qualifications, character, judgment
and experience. The committee exam-
ined in detail Judge Webster's views
regarding the role of DCI as well as
ways in which, working together, the
executive and legislative branches will
be able to strengthen the congression-
al oversight process.
In our deliberations, the Intelligence
Committee took great care to pursue
at length all issues pertinent to the
confirmation process, including issues
that emerged during the course of the
hearings. These matters involved a
number of topics including Judge
Webster's record during his nine years
as Director of FBI. In particular, the
Committee carefully and painstaking-
ly addressed concerns raised about
FBI links to Lt. Col, Oliver North in
the Iran-Contra matter.
In my judgment, the committee's
findings fully supported its unanimous
vote to submit Judge Webster's nomi-
nation favorably to the U.S. Senate.
Based upon the information available
to the Intelligence Committee and the
sworn testimony of Judge Webster, I
personally, and as chairman of the
Senate Select Committee on Intell,-
gence, recommend that the Senate
confirm Judge Webster's nomination.
429 /) on ..,/ oe
V, C.00i
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May 19, 1981 CONGRESSIONAL RECORD - SENATE
It is my view that Judge Webster is
fully qualified in all respects to pro-
vide the leadership needed by the In-
telligence Community at this critical
time.
I would add that I hope the Senate
will act promptly on this nomination.
While Robert Gates has done an out-
standing job as Acting Director, the
position of Director of Central Intelli-
gence is an extremely sensitive and im-
portant one to our national security
and requires permanent leadership as
soon as possible. And Judge Webster is
clearly qualified to fill that role.
Mr. President. in addition I will
submit for the record a more complete
summary of the work of the Senate
Select Committee on Intelligence in a
form of a letter to Senator BYRD and
Senator DOLE from Senator COHEN
and myself as chairman and vice chair-
man of the Committee.
Mr. President, I was particularly im-
pressed during the confirmation proc-
ess with the commitment of Judge
Webster to the oversight process. He
made it clear that he will place trust
in the committee: that oversight is le-
gitimate in his eyes: that we will at-
tempt, working together, to develop
the kind of full and candid relation-
ship that will benefit the country.
Much has been said in the special
committees investigating the Iranian
affairs over the last several days about
the need to rebuild a bipartisan spirit
in this country, particularly when it
comes to national security policy and
foreign policy. We must be able to pull
together so that we have one foreign
policy and one national security policy
that is the American policy. Not a Re-
publican policy or a Democratic policy,
not a White House policy or a congres-
sional policy, but one that will serve
the entire Nation.
I am convinced that working togeth-
er with this candid spirit we can build,
with Judge Webster. through his lead-
ership, the kind of mutual trust that
will benefit this Nation and will bene-
fit our national security interests.
Mr. President, I ask unanimous con-
sent that the full text of the letter
which I referred to earlier citing in
detail the considerations of the com-
mittee, the nature of the evidence
which we considered. and the process
which we followed, be printed in the
RECORD at this point.
There being no objection. the letter
was ordered to be printed in the
RECORD, as follows:
U.S. SENATE,
SELECT COMMITTEE ON INTELLIGENCE,
Washington, DC, May 8, 1987.
Hon. ROBERT C. BYRD.
Mglority Leader.
Hon. ROBERT DOLE,
Minority Leader,
U.S. Senatc. ii'ashin-oton. DC.
DEAR SENATOR BYRD and SENATOR DOLE: In
our capacities as Chairman and Vice Chair-
man of the Senatc Select Committee on In-
telligence. we would like to submit for the
consideration of the Senate a summary of
the Committee's hearings and other inquir-
ies with respect to the nomination of Judge
William H. Webster to be Director of Cen-
S 6713
tral Intelligence. The nomination Itself was the Nicaraguan contras. In the days before
reported to the Senate on May 1, 1987, pur- the Attorney General's announcement. doc-
suant to a unanimous vote by the lntelli ument.s in NSC files appear to have been do
gence Committee. stroyed. Moreover, the Attorney Generals
We have taken great care to examine all interviews of Lt. Col. North and National
the issues that emerged in the course of the Security Adj. iscr John Poindexter, among
hearings. and Judge Webster has responded others. during the period November 21
under oath to all relevant questions. This through 25, were conducted without the as-
letter is dosigned to give the Senate a de- sistance of experienced FBI investigators.
scription of the Intelligence Committee's in- According to testimony received by the
quire prior to formal debate on the nornina- Cory.mittec. Attorn"v General Meese talked
tion. We believe that the Cor.Imi:tees find- to Judge Webster on November 21. 1986,
ings support its unanimous vote to recom- about the inquiry Mr. Meese was undertak-
merid, based upon the information available ing for the President Judge Webster testi-
t.o us. that the Senate confirm Judge Web- fied that he offered the FBI's assistance,
ster's nomination. In particular, based on but Mr. Meese declined and Judge Webster
the sworn testimony of Judge Webster and did not press the matter. A key isi-us ad
other information made atai.able to the dressed by the Committee wa< whe?ther
Committee. concerns raised about FBI links Judge Webster's prior knowledge of ques-
to Lt. Col. Oliver North and the Iran-contra tionabie activities by Lt. Col. North should
matter were carefully considered by the
Committee caused him to insist more strongly or.
ee and were resohed by the Com?
mittee FBI participatiot: in tht Attorney Ge nera: s
.
We hope the Senate will be able to act inquiry. Such participation might have led
promptly on this nomination. The position to tiie securing of NSC files at an earlier
of director of the CIA is an extreme:y sensi- date and to more thorough conduct and re-
Live and important one to our national secu-
rity and needs to be filled by a permanent
director as soon as possible It was the as-
sessment of the Committee that Judge Web-
ster is qualified to provide the leadership
needed by the intelligence community.
BACKGROUND
On May 1, 1987, the Select Committee on
Intelligence voted 15-0 to report favorably
to the Senate on the nomination of Judge
William H. Webster to be Director of Cen-
tral Intelligence. The Committee undertook
an exhaustive review of the qualifications of
Judge Webster to head the Central Intela-
gence Agency, to manage the U.S. intelli-
gence community, and to advise the Presi-
dent and the National Security Council on
intelligence matters. The Committee fo-
cused on Judge Webster's conception of the
role of the DCI, especially in relation to
congressional oversight, arid on his steward-
ship as Director of the Federal Bureau of
Investigation. This letter summarizes the
Committee's inquiry, with particular atten-
tion to issues that arose with respect to mat-
ters that are currently the subject of inves-
tigations by an Independent Counsel and
the Select Committee on Secret Military As-
sistance to Iran and the Nicaraguan Resist-
ance.
The Committee received sworn testimony
from Judge Webster at three public hear-
ings on April 8, P. and 30 and at two closed
hearings on April 9 and May 1. The Com-
mittee also examined documents made avail-
able by the FBI, the Select Committee, and
the Independent Counsel. Committee staff
interviewed officials of the FBI and other
elements of the Department of Justice.
The closed hearings dealt with classified
documents which suggested the posi3ibility
of improper efforts by staff members of the
National Security Council to influence the
FBI. Judge Webster testified under oath at
the closed hearings that he was entirely un-
aware of these apparent efforts. Other in-
formation provided to the Committee indi-
cated that no NSC staff contacts with the
FBI in fact occurred with respect to the
classified matters discussed in the closed
hearings.
The Committee explored FBI relation-
ships generally with Lt. Col. Oliver North
because of the importance of Judge Web-
ster's role in initiating the FBI investigation
of NSC staff involvement in the Iran arms
sales. The FBI investigation began on No-
vember 26, 1986. the day after Attorney
General Edwin Meese announced at a news
conference that he had discovered evidence
of diversion of Iran arms sale proceeds to
porting of the Interviews with North and
Poindexter, among others.
This concern was intensified when the In-
dependent Counsel's office called to the
Committee's attention an internal FBI
memorandum dated October 30, 1986. and
initialed by Judge Webster. which cited the
opinion of a senior Justice Department at.
torney that Lt. Col. North might become in-
volved in a criminal investigation by an In-
dependent Counsel. The first two public
hearings covered this matter, as well as a re-
quest by Lt. Col. North through Attorney
General Meese also on October 30. 1986 to
delay an FBI in,,eatigation of Southern Air
Transport invoivement with private support
to the Nicaraguan contras.
After the initial public hearings were com-
pleted, the FBI reported to the Committee
other instances where Lt. Col. North sought
to influence FBI investigations, and the FBI
provided information in response to press
allegations of additional North FBI con-
tacts. This information raised the question
whether Judge Webster had ignored or not
responded to warning signs to stop North's
activities. These matters were addressed at
the final public hearing. and we bel;eve that
the record speaks for itself in that regard.
The entire Senate is generally familiar
with Judge Webster's performance as FBI
Director over the past nine years. The Judi-
ciar}. Intelligence. and Appropriations Coin-
mittees have reviewed many aspects of the
FBI's work under his direction, and the
FBI s conduct in the ABSCAM case and
other undercover operations was examined
in depth during 1962 by the Senate Select
Committee to Study Undercover Activities
of Components of the Department of Jus-
tice. In considering Judge Webster's qualifi-
cations to be Director of Central Intelli-
gence, the Intelligence Committee has
taker, this record into account and has ques-
tioned the nominee about certain aspects of
FBI conduct during his nine years as Direc-
tor.
The results of the Committee's hearings
on Judge Webster's nomination may be
summarized as follows:
CONGRESSIONAL OVERSIGHT
The conduct of the Executive branch in
the sale of arms to Iran raised questions of
noncompliance with legal requirements for
intelligence operations. Therefore, the Com-
mittee questioned Judge Webster closely on
his understanding and intentions with
regard to those legal requirements.
Section 501 of the National Security Act
of 1947. as amended in 1980, generally re-
quires the Director of Central Intelligence
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S6714
CONGRESSIONAL RECORD - SENATE May 19, 1987
and the heads of all departments, agencies.
and other 'entitie_s' of the Government to
give bit(. House and Senate Intelligence
Committee's prior notice of covert action op.
erations such as the Iran arms salt. A ape-
c:a: pros:stun allows the President to limit
prior notice to eight Committee and Con-
gress leadf?rs. The law also recognizes
the pos. t,iiits that the President may assert
a claim of constitutions; authority to with-
1~c Id pr,(?, noticf in extreme ci-cumatanrell,
bat in such cases that the Con,mit-
tee:. h, nc t:::rd n, a timely fa.~raor;.'
.1uti~( Wvisarr pledged to the Committee
hat hf would rec?c,rnmena to the President
agar a! witl:hc,id:r:g notification: of the
Contrail, (:, under an,. except the most ex-
tr r. c:rr.!n tuners- involing ]if( and
a: ,,t!, asst tht-r: unite for a few days Jadp'E?
V.',b aer also stc.trd that he would like to
Sc, Or Cc?r.nirltre: nc;:fad in leis t!, _n 48
hot. if rt. pro.:=ibi( tr, dc, so in a rat anal.
r,ab''c way
It he could no,. support the President's d,-
-c -arc recr(rdir:g covert action noticf. Judge
er ter:!i i,-d. tie "would have tc. ad?,ise
Presidt?IU of my pns.tlon or. that and if
he wa.:i.'. e(: authorize me to speak to you.
l w s-aId hat' to leaye' Ac-ked whether he-
ac rod tho n ri'ortn the Corn nitres Judie
V. r ti>ter said he "v ould ao so to tnf extent
p, rm tted me by law and I know Of no rea-
sons why I could not, but only after I had
rf? ;ane _'
O; her legal ia,us we?r rased by the ab-
sr r c of a Pr(:>:df r.tir,: F,nd.ng. ac required
t;v hi--t!crn tif" of ttie Fort:, Aiuis.anc?c Act
O: Is 1 a atr(nasa rcbi 11 'n gr,es Ryan
;perfor CIA as-,istance to the
to IrS in Noven.LPr, 191t5.
0 of whether CIA covert
(c bf authanzed by a retroactive
I ... I-:!,a!rg Judge Rebstea ex-
1 be;.(; that an ex post facto'
is co:.;ratc tc the !ear sr:rit of the
, rec,:!^ rnent. - Ii. his vile". a re-tro.
If:n ;'r., won'a riot give legr.i;:y to that
cc ciid be r.ie?tiY 'damage con-
t, b mau In ar O -a'
f . .. , .. but l l, sa-a be-
r r.?..: o e r r,d:r: hE exn: ;red. i to
c.. .r nL._ for ti( a:t;or so
t r t a undr ato('d by
cc :,. r.. /O. _:U:.::, including tic
c ......,..:ere..
stitution. our statutes and all lawful lion of these plans initiated by the FBI in
1 10T11 office
A
GOALS AS DC!
Apart from oversight issues, Judge Web-
ster discussed his goals as DCI. He ex-
plained that he believes in the traditional
role for the DCI and there fore will not serve
as a member of the Cabinet so as to remove
any possible perception treat he has a pohtt-
cal role in the Administration. He said he
hit- beer. promised by the President and the
National Security Adviser that he will hate
direct accf?ss to the President and that he
will be included in Cabinet and other inner
circle meetings where emerging issues that
depend on accurate intelligence are being
disco ed He will participate with the Na-
tional Security Adviser in making certain
the President L aware of inte;iig nee aflect-
ing national security. but will also exercise
the option. to impart "his Own unvarnished
views" to the President alone
Judge Webster s prirnary goal. as DC1. as
expressed at the hearings, is to gather intel-
liience about foreign capabilities and inten-
tions to help policymakeers make sound deci-
sons He sees the task as not to shape or ma-
nipulate- policy. but to provide information
in which pe.ic? makers can place maximum
confidence for its integrity. Covert action
should. in his view, be conducted in support
of legitimate national foreign. policy goals
controlled by "careful a naly'sis of ideas and
evolution of the plans. a Finding by the Pies-
sident that supports there and oversight b
the Intelligence Corunlttees of the Con-
gress to represent the ? cericar. pecplc- in
terms of what we are doing -
Among other specf!c obicctnes. Judge
Webster test:fled that he places great, em-
phasis on human intelligence and re-cear
the need to ma_ntatr. momentary in recruit`
meat and retention of people w?ti, the
'-enornxvtie wisdom. talent and selfless ded:-
cati ?n" of the present men and v,-:r.:er- in
the intelligence coinmitr. t .
Fc-decal law e-E bits acs a may ten
year term for t^e FBI Director. When queS-
tior,ed. Judge Webste? said he would sai?-
pO?: a similar iav. fDr t:^e DCI to re-mo e ti._
cffc from Oct p , tic arena Fur:^tr. he
w?I.'ntake slope to _nd av. a: fro-Ti pol::,,al
act city and can-err:- tkcng spe?ecr:.,
and auend:_r.c f .:?ior_ Fe- gdar, is
helpgs? s -,per frac. Arnerisa_ people
for pro, :.r
by arrrc.prcate
ran a t u isie o: %--111 11,7,
NSC at af! art cc. and rite FBI d ring It acid :4Lb rouge a p bi!c re:a:,Jrs any anas"con-
Ir .. 1
l?` Woo ter Us,i'.,.d t late tc the be of h:' r to the !ya Sc:.rits Coax:?
c .. b` ?! ( oval rrc irrme.^.t: f , t :E1. k.,oa;e re, Jr, i,o ii S . rat aid F? pi rsor:ne: The firs', req lest was made or, Jul.
g, raj o;.( rat;or:s. Joaer Wooster made ci.'a: convey inforrnat:u" to North outs,de offi 18, 1985 when an FBI Agent in te A a.s'
}.:: b,:rt. ;list tf:e NSC staff is an "entity cial. a'utnorma.I channels Or. tvo ocasi:e
inf on Field Office iriteviewed North rf-
s.. i- t tf tell r:yu:fcr.;rnts tc, re'vcrt to the
Ncrih d in -ec a tly are e rid ea t1,e FBI to dc:: gardl-g the "Prince," following up leads
1::::. Co tees. It i '. i. Sc ;t:: Judge sent b, the Philadelphia FBI office. ThE
ac.Itnty , .tcE ,,g&
c..;!:v 4 ?.a, f .!,d to notify in, Id dc,- ~i'CO ter testif!ed that in n_a,e- ea f was had per.,?faded a Pht;adeiplus
tt e:. J:.dt : Wt biter said, hr avoid do sc the regae prcpe-is re, .r'ed to Y:in: In a_ -.u,t/0
baiii: t0 e(?C;ept a g2~r'J check and LraI15-
t..: ,4X down to Judge Vve'o.1e s sworn to t?ncc rye Err t21
Asp d ahOC: the des:rabili:y of s;:rset pro- 0.000 to him before the ct;ec~.
the Cocnr-i t,re rev, s'- ors d oe 'r r.us and cleared When the, bank discovered that the
r a closed accour.:.
yiaic:; far FBI a undercOVerco\ Judge ions ar e e Commits- staff interviewed FBI and Jus
t?ed tl:d Genera; e`, he before all of this broke, I addressed a memo-
re-ouc expect the Attorne;. General to randum tc my executive conference remir.d-
ary tutnsel.` and "wain: t.ak, etl)t cutsneces- ing them that I wished V be informed of
S
sal S a ps to be sure gnat he did re-use him- ~ any meetings at the Wide
`( House a: whitL they ware invited as n-:,, rep-
ot nurse. the ahoc-e is o a brie.` s resen U:e or for art:; ogler purpose
many of the information developed by the the
L'rLellizcnce Committee in its deliberations Starting in January 1985, LTCOL
with respect to the nomination of Judge North established direct contact with
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DP.VIP L. PGF CO
WiI.LIAM S- COHEN
Vice Chcmrmc n
Mr. BOREN. Mr. President. I reserve
the remainder of my time.
The PRESIDING OFFICER. Under
the unanimous-consent agreement,
time is to be shared between the Sena-
tor from Oidahorna and the Senator
from Maine. The Chair assumes that
the Senator from Pennsylvania is the
designee of the Senator from Maine at
this time and will recognize hire
Mr. SPECTER Mr. President. I am
on the Intelligence Committee and in
the absence of any other Senator on
this side of the aisle, I seek recognition
in my own right.
The PRESIDING OFFICER. The
Senator will be assuming control of
the time. Under the time agreement,
the time between the moment we took
the nomination up to 5:45 must be di-
vided equally between the majority
and the minority. Under those circurri-
stances, the time allotted will be
counted as part of the time designated
to the Senator from Maine.
Mr. SPECTER. I understand and I
thank the Chair.
I voted in fat or of Judge Webster to
be the Director of Central Intelligence
at the conclusion of hearings ce,nduct-
ed by the Select Committee on Inte ::
genre, and I intend to vote for his con-
firmation before the full Senate be-
cause his o, erall record establishes h.s
qualifications for this most tmportan:t
po```tion
Nonetheles-, I ar.-, concerned by- '':c
evidence produced during the confir-
mation hearing= that the FBI. and to
some extent Judge Webster horns-e-lf
did not rest ,-.d to clear danger slats
of seriously in.iproper, if not Llegal, ac-
tivities by LTCOL North. The tc ai:ty
of the evidence suggests that L T COL.
North's key position in tne National
:der
Security Council and the Pre:
strong persona: support for the Ccn-
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S 6718
CONGRESSIONAL RECORD - SENATE May 19, 19S2
On October 30. 1986, a memorandum
was prepared by the Attorney Gener-
al's, Counsel for Intelligence Policy
stating that "North may be involved in
a criminal probe concerning U.S. ac-
tivities in Central America by a special
prosecutor." The memorandum con-
tained an even more important danger
signal that ''it would not be possible to
advise other persons in the National
Sec,Irt} Council and he assured the
technically den'.ed information would
not be mad(' available to LTCOL
North." Judge Webster testified that
he did not remember having read the
mfmorandum, although he concedes
that he init;tiled it.
Questions arise on Judge Webster's
and the FBI's failure to focus and act
on this rnE-tnorandum in light of the
fact th.~t Judge Webster. and certainly
the FBI knew of LTCOL North's ex-
tensive involvement in Contra aid and
his inv, o;v?ment. as early as August
1986. with the arms-for-hostage effort.
Judge Webster slated in testimony
that he was cor)cernc-d by that August
5. 1986 revelation. Ar, about the same
time the October 30 memorandum
crossed his desk, Judge Webster wrote
a memorandum dated October 31, 1986
(on^ernir:g a request of Admiral Poin-
dexter relayed by Attorney General
T'.t ese to hold up or. an investigation
of Southern Air Transport because of
the hostage negotiations.
Perhaps it is 20-20 hindsight to say
that Judge Webster and senior FBI of-
f;: iais should have been alerted to pos-
sible violations of Federal law such as
the Arms Export Control Act and the
Boland amendment. But, there was no
focus, there were no questions asked.
In the context of the information
which had come to Judge Webster's
personal attention, a further question
arises as to the adequacy of Judge
Webster s reaction when Attorney
Genera' Nleese told him on November
21, 1986 that he. Meese, had been
sited by the President to pull the
facts together on the Iran arms trans-
action Judge Webster and Attorney
Geri(rat Meese concurred in their tes-
timony that there was no reason for
FBI involvement because there was no
indication of a criminal investigation.
In retrospect again, perhaps more
should have been expected of Judge
Webster in light of:
The information which had crossed
his desk or, the possibility of criminal
allegations including the October 30
memorandum that North might be in-
volved in a criminal probe concerning
activities in Central America.
The Iran arms transaction which
was laden with questions on compli-
ance with the Arms Export Control
Act and
Tne Attorney General's obvious
closeness to White House involvement
on such matters which would profit
from the more-detached participation
of Judge Webster.
In evaluating the events of Novem-
ber 21. 1986. questions have been
raided about the propriety of Attorney
General Meese's conduct and handling
of the inquiry. Judge Webster might
have been in an even better position to
objectively evaluate those problems
and direct an inquiry which would
have preserved the records which
LTCOL North was able to shred.
Experience has demonstrated the
dual conflicting functions of the U.S.
Attorney General. He is the senior
law}er of the executive branch, and he
is also the Nation's chief law enforce-
ment officer. That duality is com-
pounded when the Attorney- General
is also a President's confidant. At
about this time, Attorney General
Meese was making public statements
about marching "shoulder-to-shoul-
der" with the President in response to
some high level executive officials who
were raising questions about the Presi-
dent's Iranian policies. The relation-
ship between President Nixon and At-
torney General John Mitchell is closer
to current events than ancient history
as a danger signal to possible analo-
gous relationships.
Perhaps even perfect hindsight
would not have brought this potential
problem into focus, but it raises the
problem for the future. Based on the
Watergate experience, the time is long
overdue that we give serious consider-
ation to separating the roles of the
Nation's chief law enforcement officer
from the senior executive branch
lawyer or Presidential confidant.
It may be that some of these danger
signals available to Judge Webster and
the FBI are apparent only through
20-20 hindsight. But it may be that
more should have been expected from
the highly touted Federal Bureau of
Investigation and its Director who
enjoys a reputation for integrity and
competency unsurpassed by anyone in
office in Washington today. In any
event, there are lessens here which
should not be lost. Such issues should
be identified and analyzed so that we
may benefit in the future.,
Aithrug`, not direr: rele ant he,(-. it it wort.,
noting that tnc FBI is now betni called upon to
Serve as trig ir',e$Lgalive arm for t.ne lndepenorot
Counsel forner. Knc?wr. ar Specia' Pros: :o
who wi.. be ',es ;Fa; ne Attorne' Genera. lion ..
Y,-es( ir. -,clVedTecf, matter. raat roic fe' tr.-
FBI. as wei a5 trie Bureaus in?,estigatne'uri,uora.
on matt err wise"e et:iers in inc b.ec'ut:?cc Br-,cr:
rne.t' be under lrvestivat;or or have a dill-renl u"
terest. ahouid be scruUnlzed and eva?uate'C it. am
Otter proceeding.
It may be :hat it is too rnurh cc. ark a F'ndv"ai
agency-. like the FBI. U. be lnd fferen : tc t- e pres.
Inv ectitaring
dent s stated position when the; are
aliegauors of violations of its regarding U.S IL,-
ststance to the Contras. it is e. ve"r dlfflcutt s:niz
tior. in have FB; personnel ir,vesilcate the Attor-
ney Genera! of the United Sates, even wrien tr:e'-
are for tht moment under tn,' direK'tior, o' Ins-
pendent Co,lnsel. because inc Attorney Crenera:
after a'1. was the;, boss and probabit soon again
will be their boss
The adage that no man can serve two master- i
firmly estatiisr;?d
Congress perhaps through Inc Jcdicla- Cdr.
mittees, snauTe re' es the FBI s riot in suci, st u,,
tionr. whlcb hE\c Inherent Conflict-o:-inures'
canons
Needless to say, no one is perfect,
and we must be careful not to impose
standards so rigorous that good men
and women fall by the wayside or that
other good men and women will be dis.
couraged from seeking important Fed-
eral positions. Judge Webster's record
as a practicing lawyer. Federal judge
and Director of the FBI is excellent.
Judge Webster's record outweighs my
reservations so I shall vote to confirm
h'rr as the new Director of CIA.
The PRESIDING OFFICER. The
Senator from Maine has 5 minutes 20
seconds remaining: the Senator from
Oklahoma has 10 minutes 4 seconds
remaintng,
Mr. COHEN. Mr. President. I yield 2
minutes to the Senator from Missouri.
Mr. DANFORTH. Mr. President, I
thank the Senator from Maine.
Mr. President, I have known Judge
Webster for a number of years. He is a
very good family friend and has been
for, I guess. most of his life. When I
was admitted to the Missouri bar, he
was a member of the board of law ex-
aminers. I believe I am the only
Member of the Senate ever to have
tried a lawsuit in front of Judge Web-
ster. I have known him in many capac-
ities for many years. He is the pride of
our State. I do not know of anyone in
the State of Missouri who is more
highly thought of than Bill Webster
by people who have known him all of
his life, people who have known him
in every conceivable setting And so it
is with considerable pride that I rise
once again to support the nomination
of Bill Webster for this latest example
of his support and contribution to his
country.
The PRESIDING OFFICER. Who
yields time?
Mr. BOREN. Mr. President. I yield 4
minutes to the distinguished Senator
from Nevada [Mr. REInl.
The PRESIDING OFFICER. The
Senator from Nevada is recognized for
4 minutes.
Mr. REID. Mr. President, we are
asked today to confirm as Director of
the Central Intelligence Agency Judge
William Webster. Judge Webster is an
honorable and decent man, and if
these were ordinary times. I would
probably vote to confirm his nomina-
tion, athcugh with some reserl'ations.
These are not. however, ordinary
tithes. Once again the CIA has been
betrayed by those in the highest corri-
dors Of power who are charged with
r.,aintaining its health. Each week re-
t eais some new action taken by the
former director in direct or implicit
contravention of the law and ex-
pre=sed will of Congress.
Judge Webster has been presented
to us as the physician to cure these
ills. I do not believe he is the man for
the job.
As things now stand. I do not believe
an adecuat.e explanation has been of-
fered for the conduct of the Federal
Bureau of Investigation while it has
sat under Judge Webster's steward-
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May 19. 198; CONGRESSIONAL RECORD - SENATE S 6719
ship. I do not speak lightly in this vein
as one example of this lack of adminis-
tra!ion is how the FBI has run amok
in Nevada, and it did so under the di-
rection of William Webster.
There remain too many unanswered,
uniu. tified, and unacceptable actions
d'':rtnO the tenure of William Webster
and w }:i]E Joseph Yabionsi?:y served as
ttlc FBI agent in charge in Nevada.
i.'c. of the B,ircaii to inrestigat( politi-
n;':,cm nts ouch as Nevada's Rcpt;b-
l~iar, , ,rne; general is sirnpiy im-
p-one r t'se of the Bureau to intirni-
date those with whom the agent in
ch:erg( d:sagcees? such as former
De- Chuck Lee. is simp)y improper.
Lee q:;'.'ctioned Yablonsky's approach
to law enforcement. Ya`tlonsky even
placid stakeouts on the movement of
rESpacted veteran homicide Detective
R(,bt rt Hilyard He even attempted an
abo ; 'd investigation without founda-
tion o_ substance of former U.S. Sena-
tor. Paul Lasalt. He and his lieuten-
art were not above the intimidation
and use of IRS oven 's--one' of whom
lo: t a high rank:n? position with the
IRS bee aiise of these actions. He even
planr,f?d and or condoned the use of a
cor\'c,ed felon and brothel caner to
?:'' t :toted e\ iderice against ethers.
i w .nt to make it clear that my dis-
} L cc?t;i: g to do with the,
c u : - ir..c, .tic e o Harr? Claiborne
refer I c ^a; ll. _ w tic ela::aed he way
t..t \ in; of FBI pers~Ci_'t1OIl in
;: Ratter it deal: at the sti'_i
w( Oile~' io_s s- ro :IIC, r:'
Vi Pbs t?`7 S suborn!-
? .1 ... k:'.v a`s no nhtee E:- . .. of rep-
n.,. (cn:i'.ict in w:h!_h trey un-
C ,,, nab` liar .._.:(-C (it ,?( ii,, 1av
as Director of the Central Intelligence
Agency.
This is a critical position. and a criti-
cal period for the Agency. When Judge
Webster was nominated to fill this va.
cancy, there was an outpouring of
praise and approval. Why? Because
throughout his many years in public
service- as Director cf the FBI. as a
Federal appeals court judge, a Fed, ral
di: trier judge, and U.S. at:urnf -_
ham Webster has e-ta::..,ec are:, rd
of integrity avid core ie: ncE.
Today's FBI is a tea:amen: to the in-
telligent, fora"snd-look tng leader hip
of William Webster. Since 1978, when
President Jimmy Cartar app,anted
hire, he has guided the B::r-au A i-Aa a
steady, sure hand and developed it
into a stable, aggressive. and effective
law enforcement agency.
Judge Webster is a real prcfessi_nal,
who understands the ins and outs of
to e intelligence eon: ^ur.it~. He his a
proven record of de-,cation and
achievement in Gave-:moment se'rv;c?.
And I have no d , }:at be w car.
tunue that course ir, revs ne-.: rule- a., D,-
rector of the C14- I u:g n-.-,
to follow tr;e pattern o the
Intel'-pence Comnattee. which unani-
mously approved
w'I:1:AN V.i'BSTEF-A t.."N F^F A__ SF,AS',NE
Mr. DFCONCINI. Y-7. F-t-si ie; . I
know I speak for al.
express my gractt.ucie i T tv
Wehs?.er for devoting su rr_uicn of h:.u
carver to the ] idona C' ter_: of tots
co nir' Al: of US are ..,C..., .. . -? t:'". ,.
extraordinary petty.- . ?a_? a:-.., a::
01
to his cour,try.
At a time v. i i,
--
played, with unflappable patience, his
so'id qualifications for the job. In an
expression of its support for his nomi-
nation, the Intelligence Commit tee
unanimously voted to confirm Judge
Webster as Director of Central Intelh-
gence.
No less a challenge awaits the next
Director of Central Into}l;gence than
that which greeted William Webster
a: ttie FB: IC, years agc In orct-r to re'
star, stabi:.t} and efiectiteue?as to the
iraein?erice corn_run,tc the r. w Direc-
tor of the CIA wtf' have to blend j:idi-
ciously the four components of iraeai-
gence. analysts. counterinteiligencc,
es ._`,r:a C and co'?ert action, to creat,
a con.o:natior best suited to form, the
structure on which this country's for-
eirr policy can be forged and ;ts de-
fense- built to deflect threats from
outs-de forces In :;ese- times of dim:n-
iched resources hard cho;ces must be
Director
made I am corifidt:n* that as
Wi'!':arn Webster will make those
chotoe:s wtae'h Fi'i ace-ura`ei~ regent
out nat:_..t prforit,
Ai a time when it is mepf r&tn e tc
remove politics from. decision maktng
in the inteligence commuI'iity, mem-
bers of tree Intel ::pence Committee
were reassured by Judge \T: c-b: l er t r
_ court l . to ma:nta;n t::-
he- wn,. A
aJC po but apt. " n ke et.
sc
Lili d t,_ L.. c iii
that r." w Cc;', ea c:
cc act ,iii, in a tu,e' - runri:
ter u..---- .. ..aG ? t-e ~'e\_ ,.,.
tt.a, F':3: a_t-rus race.
1 ne a r-_:, 'p' era.
C,. C .. :'u'._:.. D...r:.t:.
Ii .. :.
~...,,.,.., ~, b.--ter mF be a decent
and n , irar. But an aamini--
t-:..',- ht is n- . Wtl tart W. ac',er per-
s. I t i lo be used for inde,_?e:,
c. e purge??s. He is nc:
L, itch 1( 'lrt the CIA Of its ill:.
urge my cJ"t' gli E. to
F'BI, acid g:',; rein; art
o . to eit'al cut h tree sickries5
t',f L.ire's: has shown during his
we s"ou;d say to
hell. "Get trOn_ thL ho-se and cure
ihysf .,.
On)y vale:. that sickness has been
p?i?ged fron the FBI should wt- permit
l .tri c R t bs ! c r to accept another pa-
1A :.i/ a Wee-TEE c: Luny--0R
'Bt request of Ni,-. S:i ?sox the fol-
loe. statement was ordered to be
prt!i:P,'. irl the RFC' FO
T~' GOLF. I.Tr. Prtsid~r.:. I am very
p,t ;f that the senate is voting
tc'd i. confirn-. W iI1'arn H. Weoste:
tt":e Fedorat B'.:'ci-.- C,` Ir-
t: of shat;, -e-C. '-f
b __ goer d ai ?.`t
e erneed 1,:.1)' C G= .,.
it: respoIsib:ti tE; I' a: a._. s fart
nears cri:.iinai .
o:,. of wino: a.. A _.. - ca.. he
p:
.,.. ' ; ud..:: '
As a member of rue S-.-,,
C, tee. I ha\, lived r ..- o -,.: , ns
du.:ring the pas cent tr, he-c fa-
li"!.:,ar with Juc'v,:-
standards, both fc,r h;ne c'f arty for
r. s hl' pet sc,ruh
others. with his
integrity a d \':,. to s:ne of
character as he d:._..,E?c tne .n. a
steady course.
Once again. I was privi'.eeed to sit c-:.
the committee charged cc-side:-
ation of Judge- V,co fors r.:-:n . ~:.iu .
The In*, i` one Cc:r.._..,.,ee rill. tE'd.
comr'rebe-rs.\e alto e, E c r.:.
oration hearing_ w lily.' s u tinned
Judge Webster's fitness for the po_'-
tior. of Director of Ce-n-_ a.
Bence. Throughout this Lr r,ro;: and
sometime-s gruel:n, rev: i,^-v of cur
record at the- FBI J'o::E e Wt beer du-
tree: _-.._...:- .
an f C,- L
V:ba, . ii. Y..
weicad r_: _gn, if t:i? Prvest L.,
n( _ e: a e?; .. . e.g-ratter.
tat' Curtgresi- t~~l'~ rue c-crnrcuttee. 1
w'_,u:c have- is ac , i e tree Prey cicr;t of
m~: pas:;;, r, t:: and if he wo-- is
yo_ I wog. n..,.
net offertc sot as to
is ita\e.'
As the cc,:intr. reeo'ers from some
of the m:_, servos ic,rei?:: pollo
t}:c,:_ aithe'_a respect for the law car
tree w'i of the American people it is
important to know that in Wii:iam
W.. b: ter we }:ate a roar: why has dE-ni-
cai. of his life to tree law and
ca-,- oc counted or. to cord:nt. cbs,
cc.... ne - and to serve the Ame:.
cart pee:::t to the best of his u:,co.ru
4
J.u_ as Judge We-bs'er responded to
country's cal' IG years ago to re -
suor. Order to an organization .carc-
1S:-. in tarr:isiand C: arr a? - his country
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S 6720 CONGRESSIONAL RECORD - SENATE May 19, 1987
is again asking him to fill another telligence agencies to deal with include cause Congress disagreed with trading
leadership role. This time at the Cen- state-sponsored terrorism, narcotics arms for hostages, disagreed with ne-
tral Intelligence Agency, where, I am interdiction, and technology security. gotiations with a terrorist state, and
certain, he will answer this call by im- As our expectations for the intelli- disagreed with the administration's
parting his own high standards to that gence community increased, it was in- approach to Nicaragua.
organization. evitable that new lines of authority In fact, the track record of the intel-
Mr. BENTSEN. Mr. President, Wil- and accountability would have to be ligence committees keeping secrets is
liam H. Webster has had a long and established. very- good. Under my direction, the
distinguished career of service as a Congressional oversight has played Senate Intelligence Committee under-
U.S. attorney in St. Louis, as a U.S. an integral rote in the development of took a study of published media ac-
district judge, and as judge on the new lines of accountability. The Intel- counts which revealed secret informa-
Eighth Circuit Court of Appeals. ligence Oversight Act of 1980 estab- tion and relied on leaks for such infor-
He has served 9 years as Director of lished precise notification procedures oration. The result of our study were
the FBI, in order that Congress could properly informative: 147 stories were found in
He is not a stranger to us here in the exercise its constitutional oversight a period of 151 days. Of the 147 stories
Senate: we have confirmed him three role. Oversight of sensitive intelligence only 13, or 9 percent, cited congres-
times for positions requiring the high- operations involves the intelligence sional sources and none were attrib-
est degree of integrity and ability. community, which must operate in uted to the Intelligence Committee.
He has appeared before the Select secret if it is to be effective, and the Over 90 percent of the leaks came
Committee on Intelligence many Congress, which is accustomed to open from the executive branch. I think
times, and we know him well. debate and public dialog. these results show far better than any-
As FBI Director he has been inti- Congressional Oversight of Intelli- thing else just how specious the argu-
r. ately involved inthe intelligence ac- gence has evolved considerably since it ment that "Congress cannot. be trust-
tlvities of the U.S. Government. and was formalized in the 1970's-and it
has served as Chairman of the Work- will continue to evolve to meet the ed because it leaks" is.
ing Group on Counterintelligence and new intelligence challenges of the late The problem is simply a lack of trust
a member of the Special Interagen- 20th century. But oversight is a proc- on the part of officials that were de-
w, Group on Intelligence. ess that depends on people to make it termined to pursue their goals irre-
In the course of its hearings on this work. It involves trust among the par- gardless of the will of Congress. The
nomination., the Select Committee on ties. Congressional oversight is a form answer is not to pass further restric-
Intelligence conducted three open of a social contract which must have Live legislation-the answer is to re-
hearings totaling almost 11 hours over commitment from both parties if it is build the trust relationship that is so
3 days, plus two closed sessions on to work effectively, necessary for oversight to work.
r:.atters that were deemed too sensi- We have witnessed what can happen I have long argued that the proce-
tive for public discussion. when the process breaks down. The dures governing oversight of the intel-
Judge Webster has answered ques- select committee hearings have heard ligence community are sound and not
tions on every conceivable subject re- detailed testimony, amplifying the tes- in need of revision. Judge Webster has
lating to his conduct as FBI Director, timony heard by the Senate Intelli- a tremendous opportunity to revitalize
to the activities of the FBI while he gence Committee last fall, which lays relations between the intelligence
has served as Director, and on the out how a private covert action network community and Congress. I believe
manner in which he would conduct was established to circumvent the re- that he will do just that. Throughout
himself as Director of Central Intelli- quirements of the 1980 Intelligence his long and distinguished career,
genre. Oversight Act. Judge Webster has shown himself to
Following these hearings the Com- Many have been quick to proclaim be a dedicated and honest public serv-
mittee voted unanimously, 15 to 0 to that oversight failed in the wake of ant. I look forward to his confirma-
recommend that Judge Webster be the Iran-Contra affair. But this view tion.
confirmed by the Senate. reveals a lack of understanding about Mr. President, I ask unanmous con-
The position of DCI is one of the what oversight can and cannot do. sent that an article by former Director
most sensitive and important positions Oversight can impart the wisdom of of Central Intelligence, Stansfield
in Federal Government, the Senate into the intelligence proc- Turner, be entered into the RECORD.
This country has been without a per- ess. Oversight can argue for larger in- Admiral Turner's article, in the form
r--anent DCI since William Casey was telligence budgets to meet the new of an open letter to Judge Webster.
hospitalized some months ago. threats of the 1980's. And oversights offers much that all future DCI's
It is vital that we fill this position, can help to improve the quality of in- should take to heart.
and I am pleased that someone of telligence when it focuses on the intel- There being no objection, the article
Judge Webster's stature-someone ligence process. was ordered to be printed in the
who had certainly earned the right to Oversight cannot. however. prevent RECORD, as follows:
rt,lire with honors if he had chosen to determined people from evading or cir- [FTom the New York Times, Max. 13, 1987)
do so-has agreed to accept the nomi- cumventing the law of our Nation.
nation. Oversight did not fail in the Iran- ALE-T'rER TO WILLIAM H. WEESTEF
CONFIRMATION OF WILLIAM WEESTEP, AS Contra affair-certain individuals in By Stansficid Turner)
DIRECTOR OF CENTRAL INTELLIGENCE the administration failed to live up to WASHINGTON.-Dear Bill, Thanks for being
Mr. DURENBERGER. Mr. Presi- their responsibilities to keep Congress wiling to take the job at the Central intelli-
dent. I am pleased to rise today to sup- adequately and fully informed of all genre Agency. The nation needs you there
port the confirmation of William H. significant intelligence activities. This badly. There will likely be months of diffi-
Webster to be the 14th Director of was a failure of people not of the proc- cult investigations ahead, but I would like to
Central Intelligence. Judge Webster ess. suggest that there can be opportunity in the
faces formidable tasks in this position. Some have tried to argue that Con- adcty.
So ro m many mistakes have been made in the
Perhaps most important is to renew gress could not be trusted to keep such past. few years in and around the White
leadership of the intelligence commu- important secrets; as the Iran initia- House and the C.I.A. that the President has
nity that the Congress and the Ameri- tive. I have never understood why Ira- agreed to make radical changes in the way
can people can trust. nian mullahs and middlemen like Gor- he uses the C.I.A. That will help you im-
I spent 8 years on the Senate Select banifar were more trustworthy than measurably. Witness two excerpts from his
Committee on Intelligence, the last 2 the elected representatives of the talk to the nation March 4:
as chairman. I saw first hand how the American people. As the hearings in- "I am also determined to make the Con-nal responsibilities of the intelligence vestigating the Iran-Contra affair pro- procedures o for consultation or o pns with work. the e C Corn.
Proper
community have changed in the reed, it is becoming increasingly clear gress will be followed. not only in the letter
1980's. The threats we expect our in- that Congress was not informed be- but in the spirit.
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--I've also directed that any covert activity peared to condone assassination, support of For these reasons, I believe the
be in support of clear policy objectives and antiterrorist actions by Lebanese intelle- Senate should unanimously advise and
in compliance with American values. I gene that got out of the C.IA.'s control consent to the nomination of William
expect a covert policy that if Americans saw and resulted in some 80 innocent deaths, Web tser to be Director of Central In-
it on the front page of their newpaper, and the arms deliveries to Iran. None of teiliger t This agency deserves Central In-
they'd say, "That makes sense."' these passed the verdict of "makes sense." mitment c to his agency ves excel om
The Administration has previosuly resist- It is also very difficult to keep a covert
ed these policies strongly. The C.I.A. has re- action covert if It does not make sense. lence from its Director. Judge Webster
stated them from time to time. External Under the Hughes-Ryan Amendment, you offers this commitment.
forces. though. hate made such policies in. must obtain Presidential approval and The PRESIDING OFFICER. Who
eti4ablc?. Co.^.gressional oversight, for fn- notify the Congress of all covert actions. yields time?
dance. is the result of the greater and There are bound to be leaks. This means Mr. BOREN. Mr. President, I yield 4
greater demacrat'zation of American life that we have forsaken the ability to under minutes to the Senator from Montana
since you and I entered Amherst College in take covert actions that would not be ac- min tea to ttl.
1941. We are much less willing today W cepted by the public. The President. in when
vteld to authority just because it is author- effect, acknowledged that he is now wiliing Mr.
people of MELCHER.
gene MT. ration first
became
ity. You and I have come to see the tradi- to accept that
ttnnal power of committee chairmen in Con- It is not a high price to pay, because it aware of the Federal Bureau of Inves-
gress watered down, junior officers in the would be contrary to the spirit of our consti- tigation it was during the bank rob-
militarv daring to ask why they are doing tutional process to carry out fcreigT- policies berg days in the early thirties and the
w!,.at tLe> are doing and factory Korkers ad- in secret that the public and Congress apprehension and disposal of Dil-
v:;orig management would not a Copt if known and also because linger.
From the 1940?. to the GO s almost no one
o.a~ide the C.I.A. sough' a say in what was the scope for covert act on has narrowed re And in the later time she FBI inyes-
markabiy in the past 20 years, enecialiN a(-
gi,ing on inside that se,-re,, organization. tions to change the political complexion of ligation of Organt7,eo crime drew the
prTh,ce r pofubltc accepted that as a neonssary ross other countries. attention of the public. and perhaps C the cold war, and th e ew ques- o[,;;i ec b) Prot jd:ng mane> with few flFor instance. to 1954 Dwigli*. D. Else-Whoa- many of the public are aware of the
tons asked By the ]ate 60 s, the Congress er decided that he did not line the Gusto FBI's work on income tai; evasion. but
malan Government The C.I.A with not there are also some duties that the
ti?gan to 19ry about the the Ryan ac- much more than radios broadcasting reports }B1 has. in connection with Indian res-
,cr s.. In t requiring ng that hhe cs
.4mendmer,; requiring thCongress be in- of the movements of nonexistent troops, ert?ations and the major crimes that
formed wnen the C.I.A. undertook covert helped --our man" into office. That policy are committed on Indian reservations.
A0 ions. A year later, it oruered a halt to a would probably not work today because It is a requirement of law' that the FBI
covert action in Angola. communications are too good in most coun-
That same year brought the Church com- tries for such deception to deceive. Tomor- inv'estigate on Indian reservations.
mittet. whose investigations revealed that row, when commercial photographic satef The special duties of the FBI on
unaccountable power can lead to mistakes. liter are more broadly ava;fabie. it will be Indian reservations in Montana caused
The Congress decided that we could not even more difficult. Convert action has an me to write late in 1985, in November
have any unaccoutable agency of Govern- important niche, but it is a more narrow one specifically, to the special agent in
ment. riot even our most secret int.elligence than we previously thought. charge in Butte, MT, about crime on
Organization. Finally, what I found perhaps most dis
Montana reservations. I received a re-
From 1977 to 1981, we worked to make turbing in the Tower commission report was c on to from erv FBI, i rct ed the
Congressional oversight compatible with se- the evidence that some C.I.A. people were P
Crecy. It quickly became clear that you must out of control- responding to Colonel Director, Judge Webster, in February
have good will and trust on both sides to do North's request for covert help without 1986, and it was a resume of what was
that. Without trust, the Congress, may insist proper authorization; treading close to, if occurring.
on knowing details that could endanger the not over, the law in assisting the contras. Might I point out that part of that
lives of agents or other secrets, and without and submitting statements that have proved response was that on the Blackfoot
good will the C.I.A. cannot win the support to be false. Indian Reservation in Montana, just
from Congress that it needs. The people in the C.I.A. are among the
In their concern for secrecy. President very best in our Government, but-the pres- one of our reservations, there were 99
Reagan and former Director William J. sures to which we subject them are unique. major crimes with three convictions.
Casey told the intelligence committees as A few of them may go wrong from time to This was during a period between
little as possible. The most obvious damage time. Given the present environment. you June 30, 1983, until August 1, 1985.
was that the Administration had neither have a marvelous opportunity to establish a And those crimes involved death or se-
the advice of the Congress on the Iran hos- more careful management system. rious bodily injury or other personal
tage swap nor its support. What you now In short, this time of trouble is also a time crimes of violence like kidnapping or
face is the possibility of new laws requiring of opportunity to cement the President's rape, or r robbery, and so forth.
such full disclosure that you might feel in- pledges and to assert a greater degree of assault,
Ninety-nine rape, so three
hibited from conducting some sensitive op- control at the C.I.A. Both are overdue-and convictions seemed to demonstrate the
eratIons. both are essential.
Building on Mr. Reagan's pledge to make Mr. DIXON. Mr. President. I have point that the investigations of these
oversight work, however, you can restore known Bill Webster personally for a major crimes were not resulting in sig-
confiuence and trust. Tne Congress would long time. Since our days together at nificant amounts of convictions. I had
-
prefer this. I believe. but you will have law school at Washington University. I not been informed of significant im
abused. ado There Congress will that sysrecy io net being have never doubted my friend's hones- provement since that date in 1985. Not
ance from C.LA professionals his integrity. or his unswerving much happened that I was aware of
essionails . to some re sharing s itn-
-
formation with the Congress. Espionage and commitment to what is right and fair during my recent discussions with
cotert action have traditionally been viewed in Government. Judge Webster over the past several
in the C.I.A. as unique undertakings that William Webster is committed to weeks. I have emphasized my concerns
demand extraordinary secrecy There is good government. He cares deeply that crime on many Indian reserva-
probabi~ nowhere in our Government about what this Nation stands for. and tions in Montana was not under con-
where so much secrecy in justifiable. We I sincerely believe this commitment trot.
hate just seen, though. where excess secre
cc can have disastrous will be reflected as he serves the He has brought me up to date on
ith results.
The p::ranoia K'lttl which Vice Adm. John American people in his capacity as Di some improvement, and I am pleased
M Poindexter and Lt Col Oliver L North rector of Central Intelligence. to say that. But there is still lack of at-
do idcd up information and limited its distri Mr. President. this country needs a tention. Judge Webster, in a letter to
but ion on the grounds of secrecy is just man of William Webster's character to me today outlined the steps that the
what did them in lead its intelligence apparatus, a vital Federal Bureau of Investigation will
President Reagar; s pledge on covert ac- tool of U.S. foreign policy. It is urifor- take in trying to get better control
tioni should also help. His conversion hers tunate that this crucially important over crime on Indian reservations.
action.- hating that been the bunted public re co times At the heart of this was a discussion
bjected Government agency has suffered a
b> rte co;tiert from
the
trte mining of Nicaragua's harbor_ publica- loss of credibility. Its role in American, of the eta reorganization of the FBI Judge
lion of a manuall for the contras that ap foreign policy is too vital.
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S 6", 22 CONGRESSIONAL RECORD - SENATE
Webster has also, in light of all this se-
nous concern, recommended that
there be a reassessment of the studies
that have gone on since 1994 about
FBI reorganization-
I srn pleased that Judge Webster has
set the course for the FBI over the
next several months in looking into
these problems in depth and attempt-
ing to get better coordination between
the vanouss agencies that are responsi-
ble for law enforcement on Indian res-
ervations. He will also recommend
that during the reassessment period,
that the FBI will consult with Mon-
tana and Idaho Senators and Con-
gressmen, State. local, and Indian offi-
cials, and civic leaders. This approach
is needed and the coordination of all
law enforcement offices is essential.
Butte has been the location of the
special agent in charge for the divi-
sion. It is a propel geographic location
and the eentia. work of adequate in-
vestigation and preparation of cases
has been suc(tessfully carried out in
the past in the two States. Coordinat-
ing the work of FBI and other law en-
forcement agencies can be greatly im-
proved but it depends more on the
work on the ground where the crimes
are cornmitted_ than where the divi-
sion headquarters are located- The
problem is not Butte. It is the lark of
coordination. Today's letter from
Judge Webster commits the necessary
effort to get on top of the problems.
Mr. President. I ask urani-maus con-
sent to have printed in the RscoRL my
letter Co the special agent in charge,
dated November 1985, and the re-
sponse by Judge Webster in February
1986. with attached documents, as well
as Judge Webster's letter of today and
documents that are attached to it,
There being no objection. the mate-
rial was ordered to be printed in the
Racoen, as follows:
U.S D?rARrxr:rn- Of JCSTICE,
FELCKAL Ei'aaAV Or INvESTiGA'ION.
Wash,,-ngtor.. DC, February 4. .986.
Hjr. MARK A,*rF:rws.
Ch.cirrr,.ac. Seiect Co"i tke on ;ndtan A:-
fc i rs. L'-S. Senate. Wash : raptor. DC.
DEAR MR CHAIRMAN. I air: writing in re-
sponse to the November 22. 1985, letter
from Senator John Meicher to Special
Agent in Charge William Fallin of our Butte
Office regarding the Senator's concerns
about the effectiveness of law enforcement
of Indian reservations in Montana. The fog-
lowing comments concerning the FBIs role
in Federal law enforcement on Indian reser-
vations tr. Montana relate directly to Sena-
tor Meicher s six questions
1. The Butte FBI Office has overall re-
sponsibility for the investigation of Crimes
on Indian. Reservations (CIR' in Montana.
The office consists of a complement of
seen Special Agents. a Special Agent in
Charge and an Assistant Special Agent in
Charge. The Butte Office is responsible for
the adrnlritatration of eight satellite offices
in Montana knowri as Resident Agencies
(RA). five of which are responsible for CIR
matters. These RAs are located in Cut Bank
(2 Agents). Great Falls (3 Agents). Glasgow
(2 Agents,, Missoula t3 Agents) and Billings
(5 Agents). The three additional RAF. are lo-
cated in Helena (2 Agents'- Boaeman (2
Agents) and Kalispell (2 Agents;.
Y. Enclosure 1 sets forth the named RAs
that serve Indian reservations in Montana
and the distance between each RA and res.
ervation Enclosure 2 lists the, distance be-
tween our Butte Office and each Indian res-
er iLtion within Its responsibility.
At the present time. my associates are
evaluating a proposal submitted by Special
Agent in Charge Fallin to reduce the three-
Agent complement in Great Falls to two
Agents and to reestablish the RA at Havre
with one Agent. Under this proposal. the
fiavrs RA would handle in%erigatwe mat-
ters in Lioerty County Hill County Blaine
County and at the Fort Belknap and Rocky
Boy Indtar, Reservations. This new change
would afford our assigned Agent immediate
access to Fort Belknap (50 miles! and Rocky
Boy (25 miles).
3-5. Refer to enclosure 3. which is a two-
year statistical analysis of CIR cases opened
by our Butte Office from June 30. 1983,
through October 8. 1985 Listed declinations
are based upon U.S. Attorney guidelines.
6- The FBIs working relationship with
Montana tribal and Bureau of Indian. Af-
fa.-s (B1A i offices is pro)ected toward the
eventual nationwide shifting of the PBIs
primary investigative responsibilities for law
enforcement on Indian reserattons to the
BIA, Department of the Interior (DOI:. and
the tribal police. during the past five years.
extensive efforts have beer. implemented to
accomplish this goal, which has been the
policy of the Department of Justice since
1980 This policy encourages U.S. Attorneys
having jurisdiction over Indian matters to
utilize the investigative services of tribal
and BIA poliooc as. a means toward Indian
self-determinaitor.. It is currently published
in the United States Attorneys Manual, and
reads as follows
9-20.145 INVESTIGATIVE JURISDIC-
TION
"The FBI has investigative jurisdiction
over violat.iarrs of 18 U.S.C 1152 and 1153.
Frequently by the time the FBI arrives on
the reservation some investigation will have
been undertaken by tribal or Bureau of
Indian Affairs .BIA police. It is recognized
that the ability, of the tribal and BIA police
can vary from reservation to reservation.
and United States Attorneys are free to ask
for FBI investigation in all rases where it. is
`elf that such is requried. However. United
States Attorneys are encouraged arid au-
thorized to accept investigative reports di-
rectly from tribal or BIA police and prepare
a case- for prosecut urn without FBI investi-
gatior. in all cages where you fee' a suffi-
cient iniestiga'ion can be undertaken by
BIA or tribal- law enforcement officers."
In spite of the impiementation of this De-
partmenta'. policy. the FBI continues to
conduct the ma.ortt. of the investigations
of major trim: na; offee-lses teat occur or.
Indian r enaror In vari,-is conl-rences,
meetings and sem;rimrs witr.. U.S Attorneys
and FBI officials if has been determined
that a variety of concerns have been ex-
pressed in regard to transferring investiga-
tive responsibilities in all major feinnies too
the BIA and tribal police Among the con-
cerns voiced is the importance of uniformity
in delivering law enforcement services to
the Indian people the timeliness and thor-
o tghness of investigation the reporting of
investigation for prosecutive consideration,
and the ability to provide coverage of out-
of-state leads when the BL's assumes the in-
vestigative responsi bli ties. Some U.S. Attor-
neys have indicated that they had not. been
satisfied with BIA s investigative response
on cases currently within BiA's jurisdiction
and did not favor a blanket transfer of re-
sponsibilities The U.S. Attorneys also ques-
tioned the sufficiency of the manpower pool
May 19, 198;^
ayafiable to BIA to handle a hig'h votume of
investigations.
Consideration is presently being given to
exploring the possibility of extending to the
BIA and other tribal police departments ju-
risdiction for negligent homicide investiga-
tior.s. Should such extensions take place,
the FBI will, foflow each of those Investiga-
tions with the respective agencies.
It should be not Hd that there will be no
transition of law enforcement from the FBI
to the Ind'a-.. police until the Indian police
develop a ca eer-;y pe law enforcement ser-
ice with officers who can practice the law
enforcement skills that they are taught and
become expert in them The rapid turnover
of officers in the Indian police ranks is a
detriment to the effectiveness of Indian
police organizations and must be addressed
as a number one priority prior to placing
undue emphasis on removing the FBI from
its law en ur cernent responsibilities on
Indiar, lend.
Toe FBI has attended various meetings
with De .a-tment of interior 4DOI) officials
in efforts to expedite the shifting of the
FBI s role or reser ations to the BIA. The
DOI has a Division of Law Enforcement
Services IDLES;, BIA which does not have
line authority or control of BIA investiga-
tors or,, reservations. The BIA investigators
are directed by non'-a% enforcement-trained
personnel. At the present time. if the Chief
of the DLES desires any action to be taken
on a reservation he must request this action
through the BIA ores Superintendent (not
law enforcement trained:, who then passes
this request on to the Reservation Superin-
tendent (riot law enforcement trained) to
de,ermine if he desires this action to take
place. Due to this type of arrangement. the
BIA DUES has been hampered at times in
executrig its responsibilities.
The BIA is assigned one FBI National
Academy (NA) student position in each of
the four classes trained annually at the FBI
Academy at Quantico, Virginia. During
1982. three student positions were filled: in
1983, four student positions were filled; in
1984. four positions were filled: and in 1985,
three positions were filled by BSA students.
It should be noted that Indian tribal police
officers are aliowed to attend the Treasury
Departments consolidated Federal Law En-
forcernent Training Center. Gly-neo, Geor-
gia Coordination for this training is han-
d)ed by the BIA.
The FBI has conducted numerous local.
Indian Training Schoois for BIA and tribal
polio- in the areas of report writing, invest-
gative techniques, crime-scene search and
evidence preservation. The total, Fiscal Year
BIA and 1nd7an training statistics sponsored
by the FBI for 1982 there were 29 schools
with 5'S attendees. Fiscal Year 1983 t?:ere
were 33 schools with 693 attendees: Fsca'
Year 1984 there were 33 schools with 752 at
tendees. and Fiscal Year 1985 there were 18
scr,oots with 442 attendees. In December.
1985. our Butte Office conducted a ihret-
day- Basic Law Enforcement Techniques
Training Session in Browning, Montana, for
26 BIA and tribal police.
This type of training continues to en-
hance the professional capabilities of BIA
and tribal officers As their professional
Qualifications are enhanced, the quality of
work that they produce will also improve,
and we would expect subsequently the U.S.
Attorneys will come to rely more and more
on their invesigative efforts.
In addition to the training given to the
BIA and the Indian law enforcement com-
munity. the FBI has also conducted two sep-
araie crow-cultural Indian seminars for FBI
Special Agents working primarily Indian
matters Instructors and guest speakers in-
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C
L A
r
a
May 19, 1987
eluded prominent Individuals from the
Indian community and the BIA.
The'FBI presently supports the Montana
BIA and tribal police through training and
during their investigations offers guidance
and counseling. as well as the services of the
FBI Laboratory and Identification Divi-
sions. The FBI will continue in this regard
in the event these agencies assume full re-
sponsibility for all investigations on Indian
reservations.
Continued coordination by the FBI with
)faders of the Indian community on matters
of mutual interest is a priority matter to
me. In this regard, as recently as October
28. 1985, Supervisory Special Agent (SSA)
Allan E Meyer, Unit Chief. General Crimes
Section, Criminal Investigative Division,
FBI Headquarters. attended and participat-
ed in the ninth Inter-American Indian Con-
ference held in Santa Fe, New Mexico. This
forum presented an excellent opportunity
for SSA Meyer t.o discuss several of the pre-
viously mentioned matters. and by so doing,
open additional lines of communication
with other attendees.
I trust that the above information will be
of assistance to you and the Committee
rim tubers.
Sincerely yours,
WILLIAM H. WEBST ER.
Director,
RESERVATION 'RA CovER:NC RESERVATION
Blackfeet/Cut Bank.
Rocky Boy/Great Falls.
Fort Beiknap'Glasgow.
Fort Peck.'G'asgow.
Flathead
Crow Billings.
Northern Cheyenne'Billings.
DISTANCE BerwEEN RA AND RESERVATION
Blackfeet/Cut Bank:
Browning-35 miles.
East Glacier-48 miles.
St Mary--57 (appx).
Heart Butte-55 (appx).
Rocky Boy/Great Falls:
Rocky Boy-93cappxl.
Havre-l 13 miles.
Box Eider-91 (appx).
Fort Belknap 'Glasgow:
Fort Belknap-122 miles.
Hays-152 Cappx).
Lodge Pole-142 (appx).
Harlem-135 (appx).
Fort Peck; Glasgow
Fort Peck-22 (appx).
Poplar-70 miles.
Wolf Point-49 miles.
Flat head,'Missoula:
Poison -66 miles.
Crow 'Billings:
Crow Agency--57 (appx).
Lodge Grass-79 (appx).
Pryor-25 (appx).
Hardin-46 miles.
Northern, Cheyenne 'Billings:
Lame Deer-103 (appal).
U.S. SENATE,
SELF : COMMITTEE ON INDIAN AFFAIRS,
Washington, DC. November 22, 1985.
Mr. R' D. FALLIN,
Special Agent in Charge. U.S. Federal
Bureau of Investigation. Butte. MT.
DEAR MR. FALLIN, I have longstanding con-
cerns about the effectiveness of law enforce-
ment on Indian reservations in Montana. I
kin contacted frequently by Indian and non-
Indian constituents who feel that the atten-
tion and services provided by Federal law
enforcement officers and prosecutors on
Indian reservations in Montana are inad-
equate.
In order to better understand the Federal
law enforcement situation on Indian reser-
vations in Montana, I would like you to pro-
vide me with the following information:
1. the location of the FBI field offices in
Montana and the number of agents in each
field office:
2. which field offices serve Indian reserva-
tions in Montana and the distance between
each field office and the reservation It
serves:
3. for each of the last five years, how
many cases did the FBI investigate on each
reservation in Montana (please break out by
year, by reservation, and by the type of
crime):
4. For each of the last five years, provide
the number and type of cases, broken out by
reservation, investigated by the FBI which
were (a) submitted to the U.S. Attorney for
prosecution: and (b) prosecuted in Federal
Court. For those cases prosecuted, please in-
dicate the final disposition:
5. for each of the last five years, provide
the number and type of cases. broken out by
reservation, which were submitted to the
U.S. Attorney for prosecution and declined.
Please indicate the reason for declination by
the Attorney;
6. please describe the nature of the FBI's
working relationship with the Tribal and
Bureau of Indian Affairs enforcement offi-
cers on each Indian reservation in Montana.
Include in this description any informal or
formal arrangements between the FBI and
reservation law enforcement that facilitates
the investigation of federal crimes on the
reservations in Montana.
I appreciate a prompt response to this re-
quest.
Best regards.
Sincerely,
S 6723
JUNE 30, 1983 TO AUGUST 1, 1985-Continued
Ni d uses No at tC tam Total cases
MICI1M1;
(il On" CD
WOW
_._.
C-li 0............. ....
D-2 0 ...__.........._.
No^,nerr C?,erenne.... .._.... .... 198A-39 4 53E
C-43 3 ........ ..._._
0-1 1 . .. .......... ---------- --- -
Iota. _. _.._ __........ 49, 74 49; U
' ' e -r
C,, Or ID?.a' ke ahx--IrY41E lUtr Or s ' sr, boil inju and
Der!" pe';Dra ,dome a noeQ i E. I,,drapnj a_:aut. WE rubSe') el. -
l9Ei
G:ma or hdia: Reevrt,ur-tiTh pries ceaK--1980
trim a (-ear kr..ema'or -Ni p'DDe'ir ::rte--195
Gnu or Irdar Resevaua--E. ,emee arc of care mvsMnf triDa
tun : -'.981'
ax m~sDeneana
Cases closed by declination
Blackfoot ................................................. 54
Rocky Boy ............................................... 18
Fort Belknap .......................................... 20
Fort Peck ................................................ 25
Flathead .......................... ........................ 0
Crow................. ......................................... 12
Northern Cheyenne .............................. 25
Total .............................................. 154
U.S. DEPARTMENT OF JUSTICE,
FEDERAL BUREAU OF INVESTIGATION,
Washington, DC, May 19, 1987.
Hon. JOHN Mri.CHER,
U.S. Senate,
Washington, DC.
DEAR SeaATOR MELCFER' I appreciate very
much the opportunity to discuss the law en-
forcement situation in Montana and espe-
cially the management of our Butte Divi-
sion, which encompasses both Montana and
Idaho. This is, of course, a continuation of
our previous discussions and correspondence
and of the briefing provided to you by Exec-
utive Assistant Director John Glover.
First, I understand your deeply felt con-
cern that there be more effective law en-
forcement on the Indian Reservations and I
agree that greater effort should be made to
improve the combined effectiveness of the
law enforcement agencies involved in this
effort. I believe that significant progress has
been made. as reflected in our current sta-
tistics but recognize that other agencies are
also involved and other statistics may vary
from ours. The FBI will undertake to see
what additional means are available within
the law enforcement community, including
the FBI, to improve coordination on the res
ervations and will fully support your efforts
in this regard.
Second. I know that you understand my
desire to improve the management of our
field offices, especially those offices with
significant numbers of resident agencies
scattered throughout large territories. The
Attorney General has been furnished with a
number of studies and recommendations
that have been made dating back to 1984.
None of these studies or recommendations
suggest any diminution in the investigative
strength of the FBI currently assigned to
our Butte Division. In fact. in recent years
there has been a significant increase in the
division's target staffing level. I have previ-
ously assured you that I would not under-
take to dictate a decision during the time I
remained in office should the Senate con
firm my nomination as Director of Central
Intelligence. That has been, and will contin-
ue to be the case.
Because of your deep concern, and in def-
erence also to Senator Baucus, I will recom-
mend that a reassessment of the accumulat-
ed studies be made under the direction of
our Inspection Division and that the new
Director and the Attorney General take no
DISTANCE BETWEEN RL'T'E CENTRAL OFFICE AND
RESERVATION
Blackfeet:
Browning-238 miles.
East Glacier-251 miles.
St. Mary-260 (appx).
Heart Butte-218 (appx).
Rocky Boy:
Havre-266 miles.
Box Eider-244 (appx).
Fort Belknap-315 miles:
Hays-348 (apex),
Harlem-310 miles.
Lodge Pole-355 C appx ).
Fort Peck:
Poplar--494 miles.
Wolf Point -473 miles.
Flathead:
Polson-185 miles
Crow:
Crow Agency-36"s (appx).
Lodge Grass-389 (appx).
Pryor-335 appx).
Hardin-269 miles
Northern Cheyenne:
Lame Deer--413 (appx).
No d core:
A Dnerx
No. oo use
mnvriec or
otfeise
Iota', uses
conaLUDn;
' 1"vHt_?c
Roap boo._..._. _........... .... 198A-2!
0
C2t
Beknat....._....__.......- 19EA-19
Foil
C_,r
t'-i
C_ 5C
Fatneas_ P a n e s : . . . . . . . . . . . . . . . . . . . . . . .... _.... ...._.. 198 c
G- `
Ror___ . 198x?
b
3'
f E.'
3 5;
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Mr. S6724 CONGRESSIOt NAL RECORD - SENATE May 1.9, .1987
action on this matter until a more current pleased hat FBI Di President
rector am William these difficult times. a position as crA
&~~~em has tap winpletpd. I ~valso
recommend that all of f the Senators and Webster has assured Senator MEIZ.HER scat to the Nation as the Directorship
Consre :amen from Montana and Idaho, as and myself that the Bureau's Butte. of Central Intelligence cannot be aI?
well as ottwer State, local and tribal officials MT division office will remain in lowed to languish unoccupied.
and civic leaders be consulted and their Butte pendir a study of FBI open The chaos which has characterized
views incorporated in the assessment. Final ations on the division's Indian reserves- some elements of this h country's heen
ly. I'm certain that the Attorney General tional security app
chronicled a
in the pt essdaily. nstthe plast roceed-
and ?or the new Director will discuss their ti stin. final co, cl.:sions with you at the avprovri The
gui hed record of office
ate tine. s is enhanced by Butte's irge of select corigT S. Tonal commit-
ten ri':enes
i be L e r e all of the sbo'e i in ac:ardar ce
with. our d:;c zin^s and I to', wit, be hat's- central iocati,m, convenient to Mon- tees and through the worst of the inde-
factor~ to you W: , best wishes. Lana s and Idaho's Indian reservations, pendent counsel. The Senate Iruelli-
Si:,cerely, where many of the Bureau's investiga- gence Committee uridertDok the initial
v~ESDire., tions are conducted. inquiry into the Iran-Contra affair in
'V~ILLIAM H.
piie
ctor. The Butte office also contributes full knowledge of the contributions in-
,.R;ME ON ;fiOtAN FRRVATION t9t CLASSIFICATION substantially to the local community, telligence activities make to the for-
ACMPL:SNME.NTS employing approximately 70 people. mation and implementation of 'United
These yobs are important to Sutt.e, a States, foreign, and defense policies.
----- --- -"-"--- -- - --- --- - Ne-a community rich in history, but more The importance of maintaining acon-
oar: 01esI recently hit hard by the downturn in gruence between the foreign policy
the natural, resource industry, goals of the country, as articulated by
aas twr I are confioeni that when the FBI the administration and in laws passed
- - - - - - - completes its study of Bureau open- be Congress. and the execution of
~..~ 403 ations on Indian reservations. it will ss.? " those pcii,es by the inteiligerwt Mrn-
munity lies at the heart of intelligence
12 tf
L become clear that Butte is the best n to.
se e: a cation for coordinating investigations oversight.
- - - - on these reservations. It is for precisely this reason that we
BU'TT'S PERCEN-AGE Of 1OIAL RRtAt' I thank Mr. Webster for his cc,nducted exhaustive interrogation of
thoughtfulness in calling for this candidates for the position of inDCL terrogation It
- " etc study and I anxiously await its recom- was clear that a complete and public
disclosure of all matters which might
v t fir` Ma'_ ~" ~` mendation.
Mr. BOREN. Mr. President, ow be re;evant tc the tenure of the Office
t,~ xa n n its3 much time remains to this side? was in order. Investigating corr Of es
21 23 (3B' B il
SE: 155
saes _ is ios 2. f349, It n7e r ;"? The PRESIDING OFFICER. Two of the past have been criticized for
G ,9 6 43 3 30 a ibl; minutes and fifteen seconds.
Mr. BOREN. Mr. President, at this putting too much information relating
time, in case other members of the to the conduct of covert operations
v~uc .x ~~ ~ before the public, and in so doing.
appear CASES committee v t m. I reserve the recausing irreparable damage to the
mMr. COHEN. time. Mr. President, how Process by which the Nation safe-
------ -
uards its security. It i< a entrcism
, Mr.
a
00
o Kzrr w l much time remains on this side? g
nnt ,ws?s - IW The PRESIDING OFFICER. Four which expresses a fundamental insen-
~"Di minutes and seventeen seconds. sitivity to the needs of a democracy
- - - -- - Mr. COHEN. Mr. President, on May and underestimates the wisdom of the
IL 3C 26~ 13' 1, 1987, the Senate Intelligence Com? people, in whose hands the strength of
"' "
qe.
13 r 18. X15 I% mittee voted 15-0 to report favorably the Tdatior, ultimately rests.
to the Senate on the nomination of Secrecy can find its proper function
lye
BL^.I Pt-ii' OFF TCTA: BINEAU X CASES Judge William H. Webster to be Direc- in a democracy only to the extent that
for of Central Intelligence. This UTan- it is used to accomplish .goats and pob-
imous vote came after extensive delib- cies expressed through democratic
~~ Rxx,.x arc "~c erations on his qualifications for the legal processes and is limited by the
position.. bounds of the constitutional frame-
The committee's inquiry focused on work. In many ways, entrusting the s lead sei it f9'3 1 ;1C7c to ?.31 25 i?%? regarding
the role ofgth DClt his des eeris lptoofsuppor ency polic hothro
lsi~ its
,cr 21 34, 1? ,7W tt 1273, views on the congressional oversight secret means is the most delicate of all
the any abuse
-- -- --- process, and his record as Director o of of Executive app ntmen s, for any
t~ME ON {NDIAh RESEr'V~AT1Ob D~Tn OR SERIOUS the Federal Bureau of
BODL INIURT We paid particular attention-both in tential for our sometimes precarious
open and closed hearings-to several system of checks and balances.
--- Miami, issues which relate to matters current- It is for this reason that the commit-
ow'" 0""` ly being investigated by the select con- tee had to seek Judge Webster's firm
owl, Mme: 1>a~ gressional committees and the inde- pledge to abide by the legislation gov-
Wit pendent counsel. Judge Webster has erning the oversight of intelhgeno?.
responded under oath, both orally and and for this reason that his reactions
,y~ - - -- --- it 35 in written form. to all of the questions to a seemingly endless stream of docu-
1?Bc
.... ....... submitted to him by the committee merits and press reports detailing alle-
relevant to these issues. Based on our gations of impropriety by the Bureau
inquiry and those responses, I feel it or other Government entities had to
lic.
imperative that the Senate confirm bed the CD in and full
other agencies ubthe
-K, are r him as expeditiously as possible.
pemw a cm a. use The Central Intelligence Agency and intelligence community are to retain
'" a"t m-j` the intelligence community at large support for their activities in the
have been without a permanent Direc- aftermath of the investigative process-
tor since William Casey was hospital- es which are currently underway, they