Congressional Record: September 18, 2000 (Senate)
Page S8641-S8642WEN HO LEE Mr. GRASSLEY. Mr. President, I am here on the floor at this particular time to ask the President of the United States who "they" are, and I hope the word "they" includes the President of the United States. I hope the President of the United States is the chief "they." I hope we don't get into a position of debating what the definition of the word "they" is. The Constitution is pretty clear-- the President of the United States has all the executive power that exists in our Government. That is the background for my visiting with you about the Wen Ho Lee case, the President's comments last week in regard to the release of Wen Ho Lee, and how the executive branch treated this Chinese American. This is the latest instance of President Clinton failing to take responsibility and refusing to hold himself accountable for the actions of his administration. [[Page S8642]] The background of Wen Ho Lee--for those who may not have been following this over the last year--is that the Government has recently agreed to let this former nuclear scientist at Los Alamos Laboratories plead guilty to a relatively minor charge and go home with a slap on the wrist. I think we all agree that his release is the justifiable thing to do. But it was only a short time ago that the executive branch was claiming that Wen Ho Lee was such a serious threat to American national security that he belonged in solitary confinement and in shackles with practically no ability for Mr. Lee to even contact his family. Now, after this long period of time in confinement, he gets a slap on the wrist and his freedom. Obviously, the executive branch of Government couldn't back up its allegations with proof or this case would not have settled as it did. Despite the dire pronouncements made to the public about Wen Ho Lee, the fact is the Government didn't even have a case. It had only suspicions. Mr. Lee has, of course, paid a very high price for the suspicions of some in the executive branch. Maybe because Lee is Asian American, there is not the outcry over the loss of civil liberties that there would be had Lee been a member of some other minority group. The same people who speak up against some minorities being mistreated because of civil liberties evidently don't seem inclined to speak up in the case of an Asian American. Mr. Lee's treatment has caused widespread public outcry. How can this happen in America where we treasure freedom and where the rule of law has been the basis for our country's law going back to the setting up of the colonies? How could the government damage the reputation of a citizen by labeling him as a spy for the Communist Chinese, lock him away for 9 months of solitary confinement, and then just simply drop the case? Our Government has damaged its reputation by the way it handled the Lee case. The American people are outraged. Pundits and political observers have raised legitimate questions about the abusive way in which Mr. Lee was treated by the executive branch of Government. In the midst of this justifiable criticism, President Clinton decided that it was time for him, as President of the United States, to chime in. President Clinton happens to be the Chief Executive Officer of the country. He thinks, like the rest of us, that the executive branch of Government may have abused its power in the way it went after Mr. Lee and kept him confined for such a long period of time. What troubles me about President Clinton's comments is that he acts as if he, as President of the United States, is just some sideline observer who doesn't have anything to do with the way the laws in this country are enforced. As every high school student learned in their civics classes, the executive power of the Government is vested in the President of the United States, article II, section I: The executive power shall be vested in the President of the United States of America. This is pretty simple language and pretty definitive. These words means the President is in charge of law enforcement. The President is in charge of protecting our national security. So, even if the President delegated some of his power to the Attorney General, the President is responsible for what happened to Mr. Lee. I hope the President can just once before he leaves office, and as part of his legacy, say he is responsible for what happened under his watch. I would like to have him say: I and the people I appointed are responsible for what happened to Mr. Lee. But, no. He said in his news conference "they" did this--"they" held him; "they" had these charges. It was always "they," "they," "they." I happen to think President Clinton is the chief "they." He is above all the rest of the "theys." It happens that President Clinton seems to think the Justice Department is some agency of government outside of his control. Surely the President knows better than this. The Washington Post certainly does. This past Saturday, the Post editorial page commented on the Wen Ho Lee case: President Clinton asks us to see him as one more commentator troubled by the case, rather than as the head of the government that brought it. In other words, I think the Washington Post is saying the President is, in fact, the chief "they;" or he is in charge of all the rest of the "theys." Of course, as far as I am concerned, the Washington Post is right on this point. The nation is waiting for real leadership, not another evasion or more misdirection. President Clinton may be an "artful dodger," but this is one dodge that just won't work. The American people elected President Clinton to be in that office so he could lead, not blame subordinates. The Constitution is crystal clear that the President has the ultimate responsibility of leadership and the ultimate power of our executive branch. It is high time for President Clinton to follow the Constitution and take responsibility for the sorry actions that took place in regard to Mr. Wen Ho Lee during this administration. I yield the floor, and I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. Kyl). The clerk will call the roll. The assistant legislative clerk proceeded to call the roll. Mr. THOMAS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________