February 25, 2009
NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on "Getting to the Truth Through a Nonpartisan Commission of Inquiry" for Wednesday, March 4, 2009 at 10:00 a.m. in Room 226 of the Senate Dirksen Office Building.
By order of the Chairman.
Statement Of Senator Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,
On A Commission Of Inquiry
February 25, 2009
As Prepared
... We .. know that the past can be prologue unless we set things right ... There has been discussion, and in some cases disagreement, on how best to do this. There are some who resist any effort to investigate the misdeeds of the recent past ... There are others who say that, regardless of the cost in time, resources, and unity, we must prosecute Bush administration officials to lay down a marker. The courts are already considering congressional subpoenas that have been issued and claims of privilege and legal immunities - and they will be for some time ... A failed attempt to prosecute for this conduct might be the worst result of all if it is seen as justifying abhorrent actions. Given the steps Congress and the executive have already taken to shield this conduct from accountability, that is a possible outcome. The alternative to these approaches is a middle ground ... That middle ground would involve the formation of a commission of inquiry dedicated to finding out what happened. Such a commission's objective would be to find the truth. People would be invited to come forward and share their knowledge and experiences, not for the purpose of constructing criminal indictments, but to assemble the facts, to know what happened and to make sure mistakes are not repeated ... I am talking about this process with others in Congress, with outside groups and experts, and I have begun to discuss this with the White House as well. I am not interested in a commission of inquiry comprised of partisans, intent on advancing partisan conclusions. Rather, we need an independent inquiry that is beyond reproach and outside of partisan politics to pursue and find the truth ... My proposal for a commission of inquiry would address the rest of the picture, which is to understand how these types of policies were formed and exercised in the last administration, to ensure that mistakes are not repeated. I am open to good ideas from all sides as to the best way to set up such a commission and to define its scope and goals ...
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