USS "Cole" Investigation

Floor Speech

USS ``COLE'' INVESTIGATION -- (Senate - May 07, 2008)

Mr. FEINGOLD. Mr. President, this past weekend a front page article in the Washington Post reminded us of the devastating attack on the USS Cole and the inability--or unwillingness--of the administration to see the investigation to the finish line. Nearly 8 years since the attack on the Cole, and 6 1/2 since September 11, 2001, an attack directly linked to al-Qaida--and to bin Laden himself--remains stalled, at best, with few answers to key questions.

I would like to take a minute to remind my colleagues of the attack I am referring to--an attack perhaps not as seared into our memories as those horrific ones of 9/11, but one that is equally as painful for those who lost loved ones and are still waiting to hold someone to account. On October 12, 2000, as the USS Navy destroyer Cole stopped briefly to refuel in the harbor of Aden, Yemen, it was attacked by a small boat loaded with explosives. The attack killed 17 members of the ship's crew, including a sailor from my home State of Wisconsin. At least 39 others were wounded. According to the 9/11 Commission Report, ``The plot .....was a full-fledged al Qaida operation, supervised directly by [Osama] bin Laden.'' Although teams from the FBI and other U.S. agencies were immediately sent to Yemen to investigate, the Yemeni government was hesitant to participate in the investigation.

While the Yemenis eventually agreed to a joint investigation, the 9/11 Commission Report notes that the CIA described Yemeni support for the investigation as ``slow and inadequate'' and that in the early stages of the investigation President Clinton, Secretary Albright, and others had to intervene to help. What followed was a number of arrests by the Yemeni government of people connected to the attack--including those found to have close links to al-Qaida--but less than 3 years after their arrest, 10 were able to escape from prison.

Shortly after the jail break, the Justice Department unveiled a 51-count indictment against two of the escapees, including cell leader Jamal al-Badawi. Both were indicted on various terror offenses, included the murder of U.S. nationals and U.S. military personnel. Yet Yemen refused to extradite al-Badawi. Despite a trial in 2004 that condemned him to death--a sentence which was later reduced to 15 years in prison al-Badawi dug his way to freedom in 2006 with a number of other convicts. Although he surrendered 20 months later, al-Badawi was able to strike a deal with the government which rendered him a free man. No one has been charged in U.S. courts and none of those imprisoned remain behind bars. The USS Cole investigation remains unfinished as there has been no real accountability for the deaths of 17 Americans.

I am deeply troubled by the message we are sending to our enemies by allowing this investigation to languish, while many of those involved in the attack walk free. Since 2003, I have repeatedly requested information from the State and Defense Departments, CIA, and FBI about these attacks, the circumstances surrounding the detention and escape of the suspects, and efforts to find and detain those involved. In 2006, I wrote to Secretary Rice and the Director of National Intelligence, DNI, expressing grave concern about al-Badawi's multiple escapes and in 2007 I strongly condemned the Yemeni government's decision to release him.

There is little to inspire confidence in our efforts to hold these terrorists to account for their actions and even less to show for our work to date. Our reliance on the government of Yemen to detain and prosecute these known members of al-Qaida--and their inability or unwillingness to do so--calls into question the partnerships and relationships we have secured in our efforts to meet the number one threat we face. The State Department's 2007 ``Country Terrorism Report'' notes that Yemen has ``experienced several setbacks to its counterterrorism efforts'' and recounts multiple examples of the Yemeni government's inability to apprehend escaped convicts--many of whom are members of al-Qaida and are associated with the USS Cole attack. Furthermore, for the past two years Yemen has been listed as a terrorist safe haven because of al-Qaida's ability to ``reconstitute operational cells there'' and carry out ``several terrorist attacks against tourist targets.''

How reliable is the Yemeni government as a partner in the fight against al-Qaida and its affiliates if it has been designated as a safe haven for terrorists? What efforts are being taken to ensure the Yemenis commit to combating terrorists and work with us to hold those responsible for the USS Cole attack accountable? Can we assure the American people that the Yemenis will ensure al-Qaida is denied access to resources, opportunities and safe spaces from which to operate? We cannot simply rely on others to do our work--especially when they are clearly not doing the job that needs to be done. We cannot sit back and allow others to take the reins while we remain distracted.

The war in Iraq has brought about a dramatic and regrettable shift in our priorities--a shift away from the top threat to our national security. Despite the persistent calls from the majority of Americans, we remain bogged down in Iraq--while it drains our resources, saps our attention, and depletes us of our ability to focus on our top national security concerns. I am concerned that this same lack of focus may be behind the administration's failures with respect to the attack on the Cole. The administration has paid relatively little attention to the marginalization of the USS Cole investigation, despite how critically important it remains to our national interest.

The global fight against al-Qaida and its affiliates must be our top priority, and the administration must take seriously its responsibility to ensure that the al-Qaida operatives behind the attack on the USS Cole are held to account for their heinous actions.

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