STATEMENTS OF COMMITTEE MEMBERS
Durbin, Hon. Richard J., a U.S. Senator from the State of Illinois
Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin
Feinstein, Hon. Dianne, a U.S. Senator from the State of California
Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa
Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah
Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts
Kyl, Hon. Jon, a U.S. Senator from the State of Arizona
Barr, William P., former Attorney General of the United States
Bell, Griffin B., Senior Partner, King and Spalding, and former Attorney
General of the United States, Washington, D.C.
Chertoff, Michael, Assistant Attorney General, Criminal Division, Department
of Justice, Washington, D.C.
Heymann, Philip B., James Barr Ames Professor of Law, Harvard Law
School, and former Attorney General of the United States
Katyal, Neal, Visiting Professor, Yale Law School, and Professor of Law,
Georgetown University, Washington, D.C.
Silliman, Scott L., Executive Director, Center on Law, Ethics and National
Security, Duke University School of Law, Durham, North Carolina
Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin
Feinstein, Hon. Dianne, a U.S. Senator from the State of California
Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah
Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont
Schumer, Hon. Charles E., a U.S. Senator from the State of New York
Sessions, Hon. Jeff, a U.S. Senator from the State of Alabama
Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina
Lynch, Timothy, Director, Project on Criminal Justice, Cato Institute, Wash-
ington, D.C.
Nardotti, Michael J., Jr., Major General (Retired), former Army Judge Advo-
cate General, and Partner, Patton Boggs LLP, Washington, D.C.
Prosper, Hon. Pierre-Richard, Ambassador-at-Large for War Crimes Issues,
Department of State, Washington, D.C.
STATEMENTS OF COMMITTEE MEMBERS
Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin
Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah
Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts
Sessions, Jeff, a U.S. Senator from the State of Alabama
Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina
Al-Maqtari, Ali, New Haven, Connecticut
Boyle, Michael J., Attorney, New Haven, Connecticut, on behalf of the Amer-
ican Immigration Lawyers Association
Dinh, Viet D., Assistant Attorney General, Office of Legal Policy, Department
of Justice, Washington, D.C.
Emerson, Steven, Executive Director, Investigative Project, Washington, D.C.
Goldstein, Gerald H., Esq., Goldstein, Goldstein, and Hilley, San Antonio,
Texas on behalf of the National Association of Criminal Defense Lawyers
Strossen, Nadine, President, American Civil Liberties Union, New York, New
York
Toensing, Victoria, diGenova and Toensing, LLP, and former Deputy Assist-
ant Attorney General, Criminal Division, Department of Justice, Wash-
ington, D.C.
DeWine, Hon. Mike, a U.S. Senator from the State of Ohio
Edwards, Hon. John, a U.S. Senator from the State of North Carolina
Feinstein, Hon. Dianne, a U.S. Senator from the State of California
Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa
Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah
Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts
Kyl, Hon. Jon, a U.S. Senator from the State of Arizona
Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont
McConnell, Hon. Mitch, a U.S. Senator from the State of Kentucky
Schumer, Hon. Charles E., a U.S. Senator from the State of New York
Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina
Ashcroft, Hon. John, Attorney General of the United States, Washington,
D.C.
Timothy H. Edgar, Legislative Counsel, December 4, 2001, statement
American College of Trial Lawyers, Irvine, California, letter and statement
American Council of Chief Defenders, Washington, D.C., statement and at-
tachment
December 4, 2001, statement
William F. Schulz, Executive Director, statement
September 11 detainees, sample information
Angel, Cecil, Detroit Free Press, December 3, 2001, article
Heritage Foundation, Washington, D.C., November 5, 2001, memorandum
Human Rights Committee, Charles D. Siegal, Chair, Los Angeles, California,
December 3, 2001, letter
Kmiec, Douglas W., Dean and St. Thomas More Professor of Law, The Catho-
lic University of America School of Law, Washington, D.C., letter
Koh, Harold Hongju, New York Times, November 23, 2001, article
Law professors and lawyers, joint letter
Schulz, William F., Amnesty International USA; Kenneth Roth, Human
Rights Watch; Gay McDougall, International Human Rights Law Group;
Catherine Fitzpatrick, International League for Human Rights; Michael
Posner, Lawyers Committee for Human Rights; Lynn Thomas, Minnesota
Advocates for Human Rights; Len Rubenstein, Physicians for Human
Rights; and Todd Howland, Robert F. Kennedy Memorial Center for Human
Rights, joint letter
Wall Street Journal, December 4, 2001, editorial
Washington Post, November 16, 2001, editorial
Wedgwood, Ruth, Wall Street Journal, December 3, 2001, article
Wilgoren, Jodi, New York Times, December 4, 2001, article
York, Byron, National Review, December 3, 2001, article
ALPHABETICAL LIST OF WITNESSES
Al-Maqtari, Ali, New Haven, Connecticut
Ashcroft, Hon. John, Attorney General of the United States
Barr, William P., former Attorney General of the United States
Bell, Griffin B., Senior Partner, King and Spalding, and former Attorney
General of the United States, Washington, D.C.
Boyle, Michael J., Attorney, New Haven, Connecticut, on behalf of the Amer-
ican Immigration Lawyers Association
Dinh, Viet D., Assistant Attorney General, Office of Legal Policy, Department
of Justice, Washington, D.C.
Emerson, Steven, Executive Director, Investigative Project, Washington, D.C.
Goldstein, Gerald H., Esq., Goldstein, Goldstein, and Hilley, San Antonio,
Texas on behalf of the National Association of Criminal Defense Lawyers
Heymann, Philip B., James Barr Ames Professor of Law, Harvard Law
School, and former Attorney General of the United States
Katyal, Neal, Visiting Professor, Yale Law School, and Professor of Law,
Georgetown University, Washington, D.C.
Nardotti, Michael J., Jr., Major General (Retired), former Army Judge Advo-
cate General, and Partner, Patton Boggs LLP, Washington, D.C.
Prosper, Hon. Pierre-Richard, Ambassador-at-Large for War Crimes Issues,
Department of State, Washington, D.C.
Silliman, Scott L., Executive Director, Center on Law, Ethics and National
Security, Duke University School of Law, Durham, North Carolina
Strossen, Nadine, President, American Civil Liberties Union, New York, New
York
Tribe, Laurence H., Tyler Professor of Constitutional Law, Harvard Law
School, Cambridge, Massachusetts
DEPARTMENT OF JUSTICE OVERSIGHT: PRESERVING OUR FREEDOMS WHILE DEFENDING AGAINST TERRORISM
WEDNESDAY, NOVEMBER 28, 2001
UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, Washington, D.C.
The Committee met, pursuant to notice, at 9:05 a.m., in Room SD-226, Dirksen Senate Office Building, Hon. Patrick J. Leahy, Chairman of the Committee, presiding.
Present: Senators Leahy, Kennedy, Kohl, Feinstein, Feingold, Schumer, Durbin, Hatch, Grassley, Specter, Kyl, DeWine, Sessions, and McConnell.
OPENING STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE STATE OF VERMONT
Chairman LEAHY. Good morning. This is one of a series of hearings this Committee is holding on the Department of Justice's response to the September 11th attacks and on implementation of the anti-terrorism legislation, the USA PATRIOT Act.
I know I speak for those on both sides of the aisle in beginning this hearing by commending the hardworking men and women of the agencies of the Department of Justice and also our State and local officers for their dedicated law enforcement efforts. We have seen it across this country, and, of course, we have seen it especially in the affected areas of the terrorist attacks.
Now, at the time Congress worked on the anti-terrorism bill, many observed how important congressional oversight would be in the aftermath. And to fulfill our constitutional oversight obligation, Senator Hatch and I invited Attorney General Ashcroft to appear before the Committee today, but he asked to have his appearance put off until next week so that he could spend time with the U.S. Attorneys who are in town today and tomorrow. And on Monday, I learned that the Department was asking that Mr. Chertoff appear as our first witness at this hearing.
I have accommodated both requests by the Attorney General. I look forward to his appearance before the Committee next week on December 6th. In the meantime, our oversight hearing today and additional hearings next Tuesday should help build a useful record on several significant issues.
We are all committed to bringing to justice those involved in the September 11 attacks and to preventing future acts of terrorism. As we showed in our passage of anti-terrorism legislation, Congress
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