Statement
of Ranking Minority Member Sen. Patrick Leahy (D-Vermont), Hearing of
the Senate Judiciary Committee, May 13, 2003
Statement
United States Senate Committee on the Judiciary
Narco-Terrorism: International Drug Trafficking and Terrorism
A Dangerous Mix
May 20, 2003
The Honorable
Patrick Leahy
United States Senator , Vermont
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Todays hearing focuses on narco-terrorism. We can
all agree that it is a laudable goal of the United States to rid itself
of any illegal source of money through which terrorist organizations
are funded. Moreover, the problem of illegal drugs and the ravages of
untreated drug addiction give us reason enough to battle drug trafficking.
As a former prosecutor, I recall the tentacles of drug use and distribution
that attack all aspects of our society.
As this
Committee considers one important terrorism issue, it is impossible
to ignore last Fridays disturbing Knight Ridder report that the
Justice Department has camouflaged routine prosecutions as terrorism
cases. In January, the General Accounting Office reported that, for
fiscal year 2002, three-fourths of all so-called terrorism convictions
by the Justice Department were wrong in that they were not terrorism
convictions at all. And, in the first 2 months of this year, the Justice
Department purported to file terrorism charges against 56 people - though
again at least 41 have nothing to do with terrorism cases - a fact the
line prosecutors acknowledge. This is cause for great concern and reason
enough to have the Attorney General return to testify before this committee.
I look
forward today to discussing something that will help in the fight against
terrorism consistent with the goals and policies of the USA PATRIOT
Act. My concerns in this area are not new, having sponsored legislation
for many years to strengthen federal prosecution and seizure of illegal
proceeds of international drug dealing and criminal activity, to deter
and punish international crime, to protect U.S. nationals and interests
at home and abroad, and to promote global cooperation against international
crime. Indeed, I supported Section 2339C of the USA PATRIOT Act that
for the first time specifically established felony offenses for providing
or collecting funds for terrorists.
To assist
in curbing the influx of drugs to the United States and stopping the
flow of money used to finance terrorist activities, we must provide
both support and scrutiny to our federal agencies charged with this
responsibility. This Committee should use its oversight power to examine
closely the administrations efforts in this area. What tools provided
by the USA Patriot Act are being used, and to what effect? Despite repeated
overtures, I have yet to be told whether and how many of the measures
enacted in the USA PATRIOT Act including new authority for the
Secretary of Treasury to restrict or prohibit access to the U.S. financial
system and punish those who aid in financing terrorist organizations
- are being used. I am also concerned that the U.S. has not found a
way to work consistently and effectively with other governments and
private entities in the common fight against terrorism.
I hope
this hearing will also address the recent criticism of the Council on
Foreign Relations, in cooperation with the Markle Foundation, that the
administration has not yet developed a clear, consistent strategy that
unites anti-drug and counter-terrorism policy. I hope our witnesses
explain why the FBI continues to reassign hundreds of agents from drug
enforcement to counter-terrorism, when they believe that drug profits
are fueling terrorist activities. Mr. Casteel of the DEA has openly
and correctly stated that his agency is not an anti-terrorism organization
I am curious whether the DEA is receiving the support and information
it needs from the FBI and other agencies that do have an antiterrorism
mission. There continue to be conflicting reports in the press and among
administration officials whether drug trafficking is a major funding
source for terrorist networks other than Colombias FARC. Indeed,
Administration officials who provided briefings before this hearing
even said there was no defined link between extremist groups such as
Al Qaeda and Hizballah, and drug trafficking.
Narco-terrorism
must not become a catchphrase that justifies throwing money and resources
at policies that have little or nothing to do with reducing drug abuse
or protecting the national security. Decisions about involvement in
other nations affairs must be made with great care. As I have
said in discussing Plan Colombia, we must be ever mindful of crossing
the line from counter-narcotics to counterinsurgency. Even in nations
where we have tremendous influence and a physical presence, such as
Afghanistan, we are confronted with limits to our power. The DEA reports
this year that Afghanistan returned to its former position as the worlds
largest producer of illicit opium in 2002 despite a so-called ban on
poppy production in 2001 and DEAs prediction in December 2001
that this drug market could be eliminated. Despite our presence in Afghanistan,
is increased poppy production a sign of problems to come here? What
can and should the U.S. be doing to reduce the demand for heroin, especially
among our youth? These are the questions that need answers.
I hope
this hearing provides an opportunity for the Committee to learn what
our law enforcement agencies are doing in their mission to combat terrorism
and preserve national security. I would particularly like to thank Senator
Biden for serving as the Ranking Member for this hearing, and for his
long involvement in narcotics issues.
As of May
29, 2003, this document was also available online at http://judiciary.senate.gov/member_statement.cfm?id=764&wit_id=50