On the recordFebruary 25, 2010
Anywhere in America there is a criminal investigation, it might be pointed out to a criminal suspect that it would be better to cooperate or the death penalty could be a potential punishment for his crime. It is against the law under this McDermott provision for an intelligence professional to in any way threaten physical harm or coercion against a terrorist in order to get information. In other words, what goes on every day all across America in the criminal justice system would be prohibited in this provision in the manager's amendment. It is in many ways unthinkable. In many ways, it's topsy-turvy land where we forget who the good guys are, who the guys trying to keep us safe are, and who the bad guys are. It's all turned upside down. We all remember the photos of abuses from Abu Ghraib in Iraq. They were deplorable. The people responsible were prosecuted under the criminal law, as they should have been. But to extrapolate from that, the source of restrictions here starting on page 33 of the manager's amendment is, I think, indefensible. Intelligence is a serious business. The people who are involved in it risk their lives to keep us safe. And to threaten, as this law would, to put them in jail for 15 years if they don't give somebody, whatever the terrorist says is part of their individual religious beliefs, I think, is dangerous, irresponsible.
