December 11, 2008 CONGRESSIONAL RECORD — SENATE S10939 

The Guantanamo list also includes two 

Saudi brothers, Hassan and Walid bin 

Attash. The government describes them as 

something like Qaeda royalty. Military officials said during Guantanamo hearings that 

their father, imprisoned in Saudi Arabia, was 

a ‘‘close contact of Osama bin Laden’’ and 

that his sons were committed jihadists. 

Walid bin Attash is facing a possible death 

sentence as a coordinator of the Sept. 11 attacks. Hassan bin Attash was alleged to have 

been involved in planning attacks on American oil tankers and Navy ships. 

Hassan bin Attash’s lawyer, David H. 

Remes, said the government’s claims about 

the detainees were not credible. He and other 

detainees’ lawyers say that the government’s 

accusations have been ever-changing and 

that much of the evidence was obtained 

using techniques he and others have described as torture. ‘‘You look at all of this 

stuff, and it looks terribly scary,’’ Mr. 

Remes said. ‘‘But how do we know any of it 

is true?’’ 

The extensive use of secret evidence and 

information derived from aggressive interrogations has led critics around the world to 

conclude that many detainees were wrongly 

held. Nearly seven years after Guantanamo 

opened its metal gates, only 18 of the current 

detainees are facing crimes charges. 

While both presidential candidates have 

said they would close the detention center, 

they have not said in detail how they would 

handle the remaining detainees. 

Mr. McCain has said he would move the 

Guantanamo detainees to the United States 

but has indicated that he would try them in 

the Pentagon’s commission system established after 9/11. After the conviction at 

Guantanamo, last summer of a former driver 

for Mr. bin Laden, Mr. McCain said the verdict ‘‘demonstrated that military commissions can effectively bring very dangerous 

terrorists to justice.’’ 

Mr. Obama has said that the Bush administration’s system of trying detainees ‘‘has 

been an enormous failure’’ and that the existing American legal system—trials in either civilian or military courts—was strong 

enough to handle the trials of terrorism suspects. 

But in a speech on the Senate floor in 2006, 

Mr. Obama suggested that the allegations 

against many of the detainees needed to be 

taken seriously. ‘‘Now the majority of the 

folks in Guantanamo, I suspect, are there for 

a reason,’’ he said. ‘‘There are a lot of dangerous people.’’ 

Some of the remaining prisoners have appeared determined to show how dangerous 

they are. ‘‘I admit to you it is my honor to 

be an enemy of the United States,’’ said a 

Yemeni detainee, Abdul Rahman Ahmed, a 

hearing record shows. Officials said Mr. 

Ahmed had been trained at a terrorist camp 

‘‘how to dress and act at an airport’’ and to 

resist interrogation. 

A Saudi detainee, Muhammed Murdi Issa 

al Zahrani, was described by Pentagon officials as a trained assassin who helped plan 

the suicide-bomb killing of Ahmed Shah 

Massoud, the Afghan rebel leader, on Sept. 9, 

2001. 

‘‘The detainee said America is ruled by the 

Jews,’’ an officer said at a hearing after 

interviewing Mr. Zahrani, ‘‘therefore America and Israel are his enemies.’’ 

One man caught with Abu Zubaydah insisted on his innocence but described a training camp outside Kabul, Afghanistan, where, 

according to information he gave to interrogators, men were given ‘‘lessons on how to 

make poisons that could be inhaled, swallowed or absorbed through the skin.’’ 

Mr. bin al Shibh was caught with a group 

of six Yemenis, all of whom are still held, 

after a two-and-a-half-hour gun battle. The 

records of those detainees include allegations that some were ‘‘a special terrorist 

team deployed to attack targets in Karachi.’’ 

One of the men, Hail Aziz Ahmad al Maythal, 

was trained in the use of rocket-propelled 

grenade launchers, machine guns and 

‘‘trench digging, disguise techniques, escape 

methods, evasion and map reading,’’ according to the military’s allegations. 

The records include many of the murky 

cases that typify the image of Guantanamo, 

where detainees take issue with their own 

supposed confessions and, sometimes, their 

identities. And those doubts too are to be 

part of a new administration’s inheritance. 

‘‘I was forced to say all these things,’’ an 

Algerian detainee, Adil Hadi al Jazairi bin 

Hamlili, said at his hearing when confronted 

with his confession to murder and knowledge 

of a plot to sell uranium to Al Qaeda. ‘‘I was 

abused mentally and psychologically, by 

threatening to be raped,’’ he said, adding, 

‘‘You would say anything.’’ 

Abdul Hafiz, an Afghan accused of killing a 

Red Cross worker at a Taliban roadblock in 

2003, told a military officer that he had the 

perfect alibi. ‘‘The detainee states again that 

he is not Abdul Hafiz,’’ the officer reported 

to a military tribunal. 

f 

TRIBUTE TO SENATORS 

GORDON SMITH

Mr. LEAHY. Madam President, I 

would like to pay tribute today to the 

service of Senator GORDON SMITH, who 

has served the people of Oregon and his 

country with honor. I have had the 

pleasure of serving with Senator SMITH

during his two terms here in the Senate, and during that time he, and his 

wife Sharon, have been become dear 

friends. Marcelle and I have often enjoyed traveling with Senator SMITH

and his wife Sharon, including a couple 

of trips to Davos, Switzerland, for the 

World Economic Forum. 

Senator SMITH began his political career in 1992 when he was first elected to 

the Oregon State Senate. There he 

served as Minority Leader, and the 

President of the Senate during his first 

term in office. Since his election to the 

United States Senate, Senator SMITH

has always been willing to reach across 

the aisle to bring our colleagues together and his leadership has produced 

a list of impressive legislative accomplishments. 

During his two terms here in the 

Senate, Senator SMITH has committed 

himself to efforts on behalf of the people of Oregon, supporting both criminal 

justice reform and expansion of youth 

services. Following the tragic death of 

his son Garrett, Senator SMITH worked 

tirelessly as an advocate for the early 

intervention and prevention of youth 

suicide, establishing a grant program 

for youth mental health programs 

through the Garrett Lee Smith Memorial Act which was signed into law by 

President Bush in 2004. I also appreciate the partnership that we forged in 

advancing the Innocence Protection 

Act, a package of modest procedural 

reforms relating to the death penalty, 

which I introduced in 2000, and much of 

which was enacted several years later. 

Marcelle and I have valued his friendship and wish GORDON and Sharon all of 

the best. 

JOHN WARNER

Madam President, for most of my 

time in the Senate it has been my 

privilege to serve alongside one of its 

most respected members, the senior 

Senator from Virginia, Mr. WARNER. As 

he prepares to retire from his Senate 

service, I would like to pay tribute to 

him as a leader, a legislator, and as one 

of my closest friends in this body. 

JOHN WARNER is a living emblem of 

the finest the Senate has to offer. He is 

a skilled policymaker who actively 

contributes to the civility that helps 

the Senate function as the Founders 

intended. 

Senator WARNER has represented the 

Commonwealth of Virginia with vision, 

persistence and wisdom. He has helped 

lead the Senate through debates on 

some of the most nettlesome national 

security issues of our time. Always a 

gentleman, he has carried himself with 

the utmost integrity and honesty. He is 

a Senator of his word. We have worked 

together on many issues, and I am 

going to miss his counsel and his 

friendship. 

JOHN WARNER came to the Senate in 

1979, after early service in the U.S. 

Navy and the U.S. Marine Corp’s, 

which led to his successful tenure as 

the Secretary of the Navy. He quickly 

made his mark on one of Congress’s 

most important committees for steering our national security apparatus, 

the Senate Armed Services Committee. 

He rose quickly in seniority and has 

served as the committee’s chairman, 

ranking member, and chairman emeritus. 

He formed a now legendary partnership with Senator Sam Nunn of Georgia, and together they worked to fundamentally restructure the Nation’s 

war-fighting organization in the mid1980s. He has worked closely with the 

committee’s current chair, Senator 

LEVIN, and with ranking member Senator JOHN MCCAIN, to support our 

troops through the wars in Iraq and Afghanistan. As a member of the Defense 

Appropriations Subcommittee, I have 

seen how the two key defense committees have come together to make that 

extensive and crucial department work 

better. JOHN WARNER has been an important part of this superb working arrangement, and it was fitting that the 

fiscal year 2007 Defense Authorization 

Bill was named in his honor. 

Senator WARNER is an accomplished 

advocate for Virginia—the home to a 

wide variety of military installations, 

as well as to rural and urban communities of varied needs. He has tackled 

the difficult transportation challenges 

of the Washington, DC, metropolitan 

area, making a real difference in the 

lives of millions. As a part time resident of Virginia I have always called 

him my Senator away from home. 

Marcelle and I have enjoyed the 

friendship and company of JOHN and 

his wife Jeanne, including on the Senate’s delegation to the recent 60th Anniversary of D-Day. Foreign leaders 

know Senator WARNER extremely well; 

S10940 CONGRESSIONAL RECORD — SENATE December 11, 2008 

they see him, as we do here in the Senate, as a man of great stature and wisdom. 

I thank JOHN for his service and for 

his friendship, and Marcelle and I join 

all Members of the Senate in wishing 

JOHN and Jeanne all the best in their 

future endeavors. 

CHUCK HAGEL

Madam President, I rise to acknowledge the work and commitment of a 

colleague whom I have had the pleasure of serving with for the last 12 years 

here in the U.S. Senate. Senator CHUCK

HAGEL joined the Senate in 1997 after 

an already successful career in business 

and public service, both in his home 

State of Nebraska and here in Washington, DC. 

While in the Senate, CHUCK has been 

a strong independent voice for all Nebraskans and citizens of this country. 

He is not afraid to share what is on his 

mind and he is certainly not afraid to 

reach across the aisle to work with all 

Senators. In one of his first acts of bipartisanship, Senator HAGEL joined me 

as a cosponsor of the Landmine Elimination Act of 1997. I worked with 

CHUCK, who was himself injured by 

landmines while in Vietnam, to ban 

new deployments of antipersonnel 

landmines. 

Senator HAGEL has demonstrated an 

incredible alacrity on defense and foreign policy issues. While it was not 

popular within his own party, he made 

the difficult decision to support a 

timeline for the withdrawal of troops 

from Iraq. This is just one example of 

many stances he has taken in Washington that demonstrates how CHUCK

HAGEL was an independent voice that 

Nebraska is proud to call their own. 

I am also pleased to know CHUCK and 

Lilibet as wonderful travel partners. 

The last trip we took together, in May 

2007, was to the Middle East to assess 

regional conflicts in Jordan, Lebanon, 

Israel and the West Bank. Trips like 

these provide the opportunity to get to 

know Senators and their spouses beyond the day-to-day encounters in 

Washington and I cherish the time we 

had to together. 

I am pleased to call CHUCK a friend 

and voice of reason in the U.S. Senate. 

I will miss him as both a friend and 

colleague. Marcelle and I and wish him 

and Lilibet well in whatever way he 

will next serve Nebraska and our Nation. 

PETE DOMENICI

Madam President, I would like to pay 

tribute to the senior Senator from New 

Mexico, a dedicated public servant, a 

respected lawmaker and a man I am 

proud to call my colleague, PETE

DOMENICI. 

From his first days in the Senate in 

the 93rd Congress, to now 35 years 

later, Senator DOMENICI has earned a 

reputation as a powerful champion for 

New Mexico. While he and I have not 

agreed on some issues, I have never 

questioned his commitment to do what 

he believed was right for this country 

and the State of New Mexico. However, 

I might question which of our Italian 

grandmothers made a better meatball, 

but then again I wouldn’t want a fight 

to break out here on the Senate floor. 

Senator DOMENICI has too many accomplishments to list here today. Senator DOMENICI has had a long and distinguished career in the U.S. Senate. 

However what stands out most to me is 

his unending drive to enact Mental 

Health Parity legislation which he 

worked on so closely with our late colleague Paul Wellstone. I believe it was 

a fitting tribute to enact this legislation in the closing days of the 110th 

Congress. 

I know it can sound repetitive when 

people hear Senators make remarks 

such as these about our colleagues as 

they are leaving the Senate. But I 

think it is important for the public to 

know that despite all the squabbling 

that goes on in Washington, there is 

the deep respect, affection, and caring 

that goes on among the Members of 

this body. After an incredible 35 years 

of service New Mexico and the whole 

United States are grateful, and I consider myself fortunate to have served 

33 years with PETE DOMENICI in the 

U.S. Senate. Marcelle and I wish PETE

and Nancy the best. 

GORDON SMITH

Mr. COLEMAN. Madam President, 

when the Founders envisioned this 

Senate, I believe they hoped it would 

be a place where strong opinions, established life skills and varied experience would come together to serve the 

nation. Senator GORDON SMITH of Oregon has matched that standard and 

the whole nation has benefited. 

I have always been encouraged and 

inspired by Senator SMITH’s forwardlooking mind and his energetic advocacy of a better life for all Americans. 

He has fought for better schools for our 

children. He confronted the reality of 

America’s ‘‘drop-out culture’’ and 

fought for individualized attention for 

at-risk kids. 

We have worked together to ensure 

that the Medicaid Program fulfills its 

promise to America’s less fortunate, 

and to extend the excellent quality of 

American health care to a broader and 

broader share of the population. 

It has been an honor to work with 

GORDON SMITH on the Aging Committee 

in particular. His tireless advocacy to 

ensure that our seniors are afforded the 

dignity and respect they deserve has 

been an inspiration. 

GORDON SMITH has also been a strong 

voice for Oregonians on the environment and the natural treasures in their 

State. And he turned personal tragedy 

into a nationwide effort to prevent suicide. 

On issue after issue, GORDON SMITH

has demonstrated a boundless enthusiasm for the process of reform, and a 

confidence that we can always make 

government programs more responsive, 

more relevant and more effective for 

the American people. 

Like the modern day Oregon pioneers 

he represents, GORDON SMITH has always demonstrated both a fierce independence and a strong belief that there 

is a better way—if we dream big, work 

hard and stick together, there is no 

problem too big for America. 

In ‘‘Mr. SMITH Goes to Washington,’’ 

Hollywood memorialized the commonsense man, of impeccable character, as 

the ideal Senator. GORDON SMITH would 

have fit the part perfectly. I will dearly 

miss his integrity, his enthusiasm, and 

his friendship in this place. But I am 

excited for what the next chapter of his 

leadership will mean to Oregon and 

this country. I hope we can all bring 

more of his can-do spirit and positive 

energy to the urgent challenges we face 

in the days ahead. 

f 

TRIBUTE TO TUCKER SHUMACK 

Ms. SNOWE. Madam President, I rise 

today to recognize Tucker Shumack’s 

dedicated service to the Senate Committee on Small Business and Entrepreneurship over the past 3 years. An 

integral part of the committee staff, 

Tucker always performed his duties 

with the livelihood and success of 

small business owners in mind. 

Tucker began his Capitol Hill service 

in the office of Senator Paul Coverdell 

from his home State of Georgia. After 

attending law school, Tucker returned 

to Washington to work for the Congressman, and later Senator Johnny 

Isakson, also from Georgia. When he 

came to the Small Business Committee 

in the fall of 2005, Tucker was wellgrounded in the ways of Capitol Hill. 

From day 1, Tucker was proactive in 

efforts to mitigate the often unfair tax 

structure that small business owners 

face. Tucker’s insights on these subjects have proven immensely critical 

to me over the years. 

Tucker has had many legislative successes helping me forge commonsense 

bills that appeal to Members on both 

sides of the aisle. Just last year, Tucker was invaluable in helping me develop provisions to extend the Work 

opportunity tax credit, to expand small 

business expensing and enhance the refundable child tax credit. These vital 

extensions give more people a chance 

at gainful employment and allow thousands of small businesses to succeed 

and thrive. 

Whether it was extending the new 

markets tax credit, advocating for a 

fairer and simpler Tax Code, or confronting the mess known as the alternative minimum tax, Tucker consistently brought colleagues together to 

find reasonable and sound solutions to 

the myriad tax problems facing Americans. His ability to forge lasting relationships has made him a key player 

on Capitol Hill, and his diligence and 

perseverance have made him a trustworthy ally. My legislative priorities 

have been well served because of Tucker’s talents and expertise. 

Always the Southern gentleman, 

Tucker is easy to get along with because of his charm, grace, and wit—the 

latter of which Tucker is most famous