So i take it your annals is we are not entitled to any legal opinion rendering to the executive Branch Decision makers . Senator, as you know, there have been is that correct . Is that correct . Well, its a caveat of an answer i wanted to say. That in certain sucircumstances the president has directed im saying do we have a right to that . I do not think so. We have no right to access the president can decide to give us access, but we have no right, in your judge. Ment to access . I think you have a right to understand the legal basis. Okay, thank you. My time is up. Thank you, maam. First of all the, thank you both for your service to our country and congratulations to your family, as well, for the sacrifices they make. I wachbnted to share with ya concern of what i believe is a lack of coherent policy. Along those lines, i wanted to ask you your opinion on whether theres intelligence valued including those who were apprehended outside the United States. Yes, i think there can be intelligencevalue. And the critical oh, im sorry. Senator, i believe it is critical when apprehending a terrorist, the First Priority should be in gathering sbel jen intelligence from that ter rigs. Let me just make this comment. One is just looking back at the tragedy that occurred in benghazi, its apparent that there was the increasing danger and the volatility of the area regarding the dki diplomatic min before it was in tact. So i wanted to ask you what do you believe the inr role should be let me go further on that. In the aftermath, they knew on the day of the attack that, in fact, it was not a spontaneous demonstration that had turned violent. So, specifically, how do you believe the inr provides input, relevant sbel jenls to the inner agency process, the decisionmakers, et cetera, what is the role we see in that moving forward . Senator, the primary role of the bureau of intelligence and research is to provide an understanding for the overall context in k4 we are operating the broader, political and economic environment and to make sure that poll siicymakers inclg Diplomatic Security have access to the realtime basis sbel jenls information and personnel overseas. This is one of the things, that if im confirmed, i want to make sure that we have done right in terms of making sure that they have access to everything they need and that we are providing that broader, con textual understanding going only. We had a statement a few days ago from the Israeli Defense minister about his belief and his concerns that the iranians are using their embassies to build a infrastructure in the western hemisphere. Theres a mandate strategy to counter that influence. But let me ask you, what are your views on their influence in the western hemisphere . And in particular, will you comment on that . Id like to take a question for the record, if youd like. Let me verify one thing on the nsa situation. Its my understanding that this judge, judge leon, made his restraining order, which has been or his injunctioinjuncth has been stayed, and that was announced last month. A District Court judge who was convicted on three counts for support for terrorism, specifically financial and monetary, specifically involving alshabaab. And then a case was brought exactly on this point. And the judges opinion last month said that the program was constitution. No one had a fourthamendment right on meta data. We didnt have cell phones, as well. So perhaps it is a Good Opportunity now that we have conflicting opinions and we have 15 fisa judges that have never found the case unconstitutional as it reviews the Program Every 90 days. I think now most people believe a federal court judge has declared the case or declared the program unconstitution nal. Well, there are differing opinions now. Thats the state of play. And the assumption is that its going to be appeal ed and the Supreme Court will eventually make a decision. I just wanted to say that i dont think theres any member of this program that wants to support unconstitutional. We do want to support those things that can enable us to protect this country. And we believe that that program is one of not the only one, but one of them and it is our intention to review other programs based on the law. So i think your position is really most important in all of this. And thats where ive been pressing on the olc opinions. Unless we know the administration basis for igts sarngsing a program, its very hard to oversee it. And we have been all during and i was going to ask this question i mean, olc attorney jay biby wrote congress may no more regular late to maintain and interrogate than it may regulate its ability to troop movements. Well, where am i going with this . Where im going is we have to know what regulations enable a president to move and say yes, do this. And if we dont see it, its very hard to exercise oversight. Now, an administration might want that. They may not want us to exercise it. I know that up close and personal because you are going to encounter some heat from us in that regard. I think most of us have been here a very long time. And we know that we need this information. And not just well, we can give them that but we cant give them that. Thats why holding um things that this committee has asked for, specifically with respect to the detention and interrogation report, is so very sensitive with us. I have been after the staff, complete the c. I. A. Reviews. Its appropriate if we change the report. It isnt appropriate, annotate the fact that the cia disagrees and why they disagree. Lets get on with it. Lits vote to declassify the summary and recommendations. And findings which is about 300 pages. I mentioned it again today and the staff said well, weve asked for information from the cia and we havent received it. So we cant really complete what we need to complete. I would like our staff sit down with you and explain exactly what it is and take some action because we have been able to not to obviously have a positive response. Thats cumbersome rhetoric, but its off the top. Lp you do that . Yes, and i fully would like to work closely with this committee to make sure that you get action as appropriate. Ive already taken back your concerns about the pieces of information that you all said were outstanding. Good. Well, if you would please let me know what the response is, i would appreciate that very much. Thank you. And i will also note if theres no response. So thank you. The only thing i would is is add is the chairman and i have made a request of the entire community about all programs that are operational as other entities and we intend to do a full overview. Some of which we may find you didnt even know about. So once your confirmation is complete and well look forward to working with you in that arent. To make sure that we have access to the agencies and other entipties within the jurisdiction of the community are provided to us so that we can make sure that we have the tools with which to do our job. So thank you very much. The staff just passed me a note and said you dont have to mention this, but im going to mention it anyway. That is that the declassification for the benghazi report is going very slowly. Anything you can do to be helpful in speeding that up, wed very much appreciate. Senator king . A bit of a concluding statement. You all have some of the most important jobs in the United States government. Some of the most important jobs of the United States government because im convinced were engamged in a war. September 11th was pearl harbor, in effect. Theyre going to come in the hull of a ship with a drublgtive device that looks like a suitcase. Your Important Role that youre going to be the counsel of, presuming youre confirmed, advising the cia as to what the law is. Please dont misunderstand that responsibility. I believe you and we, this committee, has a special responseblety because unlike virtually any other part of our government this is a secret part of our government. All of the checks and balances of the public and the press and the Interest Groups rnt present. Therefore, those of us who have the responsibility of overseeing the conduct of this agency i believe is a special and weighty one. I understand human nature. I feel you have to resist temptation and be very strong in your advice. Otherwise, theres nobody else manning the barricades of the Fourth Amendment and the fifth amendment and the 14th amendment. You have to help protect this. A secret agency in democracy is almost a contradiction in terms. I understand why we need it. We definitely need it. In this new kind of conflict that were engaged in. We have to realize it throughout history. We have to have all of the strength that we can muster to protect against that. Youre a key person in that process. So i hope you will really think hard about who it is you represent. And its the people of the United States. Its not the National Director of intelligence. You have a gravely pompbt role. Im impressed wi your experience and background. I dont mean to lecture you, but i think its so important, i had to say it. So thank you very much. Well said. In the interest of time, ill submit some additional questions for the record. Thank you. Id ask that you have all requests in by 5 00 on friday. Thank you. Thank you. Your response about providing documents, you said you would do so if appropriate. Thats a pretty big loophole. Whats not appropriate . Give us your menu . What documents do you believe are in the possession of the cia that we should not see. Yes, but the c. I. A. General counsel is in a different position. I know that Steven Preston provided an opinion and a written statement for providing classified matters. Whatever are in the best interests of the understanding of the legal basis in terms of what is appropriate, i think that what else would be appropriate . What would not be appropriate for this committee to see . Im not sure. Im not having insight into what types of documents that the c. I. A. Has. And generally provides or wouldnt provide. It would seem that it would be appropriate to share. Maybe situations where theres privileged material. What kind of privilege . Executive . Where there could be attorneyclient privileged material, for kmampl, where there could be another way, though, of making sure that the committee was informed. So, for example, a whitepaper type of approach instead of providing the actual deliberations with a summary of that. Its still true to the underlying reasoning. Any other documents that arent appropriate . I just really dont know the universe of documents that we could be talking about. As i said, wrapped up in the Attorney Client is wrapped up. And you dont think even if theres no Attorney Client relationship, that youre not entitled to deliberative documents . I think there can be situations in which deliberative documents, where there would be an attorney as part of the scenario, but deliberations without attorneys could be something that would be protected by the dlibl rative process privilege. But i think its important to understand not only the legal basis, which is what i feel like i would be responsible for if i were confirmed. But also what types of activities the cia is engaged in. Its been a frustrating speernls. You either cant find documents or theres some kind of privilege that might exist. Its pretty vague stuff. Its just not ak sechtble. Going back to the question that ifgs eluding to before, i want to talk to you about water boarding for just one minute. In your judgment, is water boarding torture . Yes, both the president and the attorney general has said that water boarding is torture and the president has out lawed that. I would like to say for the people who were involved in the eit program who relied on the advice from the department of justice who did so reasonably and in good faith, i dont believe they should be punished. Glp senator, my opinion is yes. And is it torture in the geneva conventions . It would be a vie lagolation article iii, yes. Thank you very much, senator. Do you have other questions senator king . Let me thank our two witnesses. I know this is always hard and an intense time. You are on the record. Want we do is sensitive. And the need really is for cooperation. And we believe that the American People deserve that to the extent we can achieve it. We look forward to having a positive relationship with you hopefully, well be able to move these nominations shortly. So thank you very much and the hearing is adjourned. Thank you very much. And thank you all for coming. We are very, very grateful for your attendance. Thanks so much. [applause] and now to london for Prime Ministers question time live from the british house of commons. Every wednesday while parliament is in session Prime Minister David Cameron takes questions from members of the house of commons. Prior to question time the house is wrapping up other business. This is a life coverage on cspan2. It still has a great deal to offer. It gives no guarantees of the future in the industry which is going to be absolutely crucial to the future development. Does he want to out talk is on dribble friend . Thank you, mr. Speaker. Isnt the most exciting thing about the report is the consensus is discovered in industry with
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