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I can't adequately characterize the enormity of the
despicable acts that have been directed against us.
My family and friends in New York City are safe, but
I have many friends who are not so lucky, and I hold
them in the Light. There is no reason to believe that
the architects of such wanton killing have been satiated
by the blood of thousands of innocents, or the grief
of hundreds of millions. We must act to protect ourselves,
and we must respond to the attacks against us.
Most members of the coalition signing the statement,
"In Defense of Freedom," warn of the danger to our liberties,
and to our Constitutional heritage from hasty ratification
by Congress of the Attorney General's proposed legislation.
I share those fears, but my perspective is different.
I warn against the danger of ineffectiveness because
I have participated in previous Congressional races
to action.
Before we can plan and adopt an appropriate national
response, we first must understand. We must understand
what allowed these acts to happen, and why. We must
understand the ways in which our security forces, our
intelligence agencies, and our laws were inadequate
to protect us -- before we respond. We must fully understand
what we are trying to accomplish -- before we decide
that our present means and laws are inadequate. Taking
the necessary time to understand what we need to do
does not dishonor our dead. Indeed, to act in haste,
with the resulting legislative sloppiness, and to resort
to rhetorical cliches, dishonors them.
I am here today because I played a major role in the
legislative stampede in 1986 after Len Bias, the basketball
star, died from a cocaine overdose. I was counsel to
the House Judiciary Committee and had been writing anti-drug
laws since 1979. In August 1986, I saw the principles
of careful legislating I had been taught cast aside.
I saw the House of Representatives, in a declaration
of war on drugs, undertake major revisions of numerous
laws in the course of a few weeks. In September, the
Senate followed suit, dispensing with hearings and the
opportunity for analysis and reflection.
In 1986, after only a few hours of committee consideration,
mandatory minimum drug sentences were approved, which
led to the wreckage of a 15-year effort to reform Federal
criminal sentencing laws. One consequence was that experienced
Federal judges left the bench. Scores of senior judges
refused to try drug cases any longer.
As a consequence of other provisions, our relations
with Latin America were hurt by adoption of the hastily-conceived
drug certification law. A hastily created money laundering
law was adopted. It is so broad that it is used frequently
for criminal conduct that is not money laundering.
The crucial step that Congress omitted in 1986 was
first gaining an understanding of the problem, and how
to address it. The consequence of failing to understand
the problems -- drug addiction, the nature of the drug
trade, the economics of the drug trade, drug-related
crime, organized crime, corruption, drug-related death
and disease – is that the problems haven't gotten better,
and, in many instances, much worse. The death rate from
drugs has increased by 50 percent since 1986. Drugs
are cheaper, more potent, and more plentiful.
This failure is not from lack of effort. Our Federal
anti-drug spending has increased seven-fold from less
than $3 billion in 1986 to almost $20 billion this year.
The number of Federal drug prisoners has increased from
12,000 to over 80,000.
After fifteen years, none of the legislative blunders
of 1986 have been fixed, notwithstanding a near-universal
agreement on their ineffectiveness, their great cost,
and the evidence they have been counter-productive.
The mistakes of congressional haste are not easily corrected.
A very real danger is that in the next few days Congress
will pass laws and create programs that won't reduce
the threat of terrorism. The risk is that only agencies
that have ineffectually fought terrorism so far will
get added powers and more money.
Like the millions of volunteers who have given blood
and money and labor to the rescue effort, Congress will
have satisfied its need to do something. The desire
to act is a natural desire of those in public service,
especially at a time of crisis. But in 1986, I saw the
congressional need to do something lead to the hasty
development and passage of the Anti-Drug Abuse Act.
At this time, we think of the courage of others –
of police officers, fire fighters, and of passengers
on hijacked aircraft. Members of Congress are eager
to honor such courage, and to associate themselves with
it. In 1986, they remembered the courage of a murdered
DEA agent, Enrique Camarena. In the 1988 Anti-Drug Abuse
Act, Congress named a funding program after Edward Byrne,
a murdered New York police officer. A flood of words
about courage will pour out of word processors, onto
the floor of the House and Senate, and into the TelePrompTers.
But the President and congressional leaders are not
interested in congressional courage. They want displays
of unity. The congressional leadership bundles numerous
provisions – some meritorious, and others worthless
or worse – into a single package, hundreds of pages
long, daring a skeptical Member to vote no. In such
times, Members of Congress rarely demonstrate courage
– they cast their votes in near unanimity. The recent
death threats made against Rep. Barbara Lee (D-CA) illuminate
the potential price of such courage if the anti-terrorism
response is packaged in a single bill.
America must demand a higher standard than merely
letting Members of Congress and the public feel good
because Congress passes a tough-sounding bill. Members
of Congress must insist on the opportunity to process
legislation in discrete sections so that separate provisions
can be debated separately. Members of Congress must
not be forced to vote for odious or worthless provisions
because they are part of the package labeled as the
fight against terrorism.
Should we expect that all Members, most Members, any
Members of Congress will read, word by word, the package
of new laws they are considering? How many Senators
and Representatives will base their remarks and their
votes on anything other than bullet-point summaries
prepared by young staffers, relying upon briefing points
prepared by party leaders, or by the Justice Department?
When it comes time to vote, how many Members of Congress
will have thought about the history of such efforts,
about the implications of such measures, or about the
price in lost liberty to be paid by innocent Americans?
Will Congress attempt to actually quantify the gains
in security?
Restraint, analysis, and reflection are the necessary
steps toward understanding what must be done. These
steps are not luxuries.