
FOR IMMEDIATE RELEASE AG
Our responsibility at the Department of Justice is to defend
these principles-against all enemies, foreign and domestic-so
that every American has a fair chance to realize the promise
America offers. These are values that I feel deep in my heart.
My family and I have been blessed to call America home and to
have been given the chance to achieve the American dream. My
hopes and the aspirations of many others with similar stories
are reflected in the words of the Declaration of Independence
and of the Constitution, and are secured by our laws providing
equal justice to all. And by tradition and statute, it is in
many respects the Attorney General who serves as the guardian of
those hopes and ensures that that dream is available to all of
our children, and to future generations. To me, this is what the
Department of Justice stands for, and that is what I will keep
in mind every day as I work for our nation. What does this ideal
mean in concrete, practical terms for what we do at the
Department? It means that we must strive forward tirelessly to
defend America's freedom and security while we build a freer,
more just society with equal opportunity for all. The top
priority of the United States government remains protecting our
citizens from an unfamiliar type of enemy, one that does not
share our values, or cherish life, or respect the rule of law.
This foe is quite willing to pursue the mass murder of innocent
Americans and the destruction of our way of life in order to
achieve their goals. For this reason, they must be defeated.
Without security, there can be no real freedom, and we cannot
relent in fulfilling this most basic obligation of government.
Great progress has been made during the last three years in
making us safer here at home, thanks to the hard work of
millions of men and women in federal, state, and local law
enforcement, in our intelligence community, and in the military.
But this very success confronts us with a new challenge: As the
months and years since September 11 pass, complacency becomes
our enemy. It is all too human to want to put out of our mind
the horror perpetrated on thousands of our fellow citizens and
their families. But we must not forget the individual sorrows
wrought by those brutal, unlawful, and unprovoked attacks. Each
victim had his or her own story, and we must fortify our resolve
by remembering them. Allow me a moment to recall one such
victim, whose story is told in a recently published book about
the struggle to survive inside the Twin Towers.
Tom McGinnis, a trader at a special meeting of Carr Futures on
the 92nd floor of the North Tower called his wife at 10:20 a.m.
on September 11.
"This looks really, really bad," he said.
"I know," said Mrs. McGinnis, who had been hoping that his
meeting had ended before the airplane hit.
"This is bad for the country; it looks like World War Three."
Something in her husband's tone alarmed Mrs. McGinnis.
"Are you ok, yes or no?" she demanded.
"We're on the 92nd floor in a room we can't get out of," Tom
said.
"Who's with you?" she asked.
Tom mentioned three old friends-Joey Holland, Brendan Dolan, and
Elkin Yuen.
"I love you," he said. Then he mentioned their daughter. "Take
care of Caitlin."
Mrs. McGinnis was not ready to hear a farewell. "Don't lose your
cool," she urged. "You guys are so tough, you're resourceful.
You guys are going to get out of there."
"You don't understand," Tom said, "there are people jumping from
the floors above us." Tom McGinnis again told his wife he loved
her and Caitlin.
"Don't hang up," she pleaded.
"I got to get down on the floor," he said.
The phone connection then faded out.
For the families of the victims of September 11, these wounds
that pierce the heart are still fresh and will never fully heal.
And so it should be for all of us, if we are to have the
fortitude and resolve to continue defending America.
Despite our successes in capturing or killing many terrorist
leaders, in destroying their bases of operations in Afghanistan
and elsewhere, in raising our nation's defenses and in helping
to spread liberty around the world, the threat posed by al Qaeda
and other similar groups is still very real.
We cannot afford to assume the quiet of today will mean peace
for tomorrow. As President Bush recently reminded us, "We must
not allow the passage of time or the illusion of safety to
weaken our resolve in this new war."
At the Department of Justice, we are keenly aware of the
continuing threat posed by terrorists-I see it every morning
when I begin my day with an intelligence briefing. Last week, I
traveled for the first time as Attorney General. I visited South
Carolina, where front-line prosecutors from the United States
Attorney's offices were meeting to discuss the lessons and the
successes of our Anti-Terrorism Advisory Councils.
These brave and dedicated men and women work each day to track
down, disrupt, and prosecute terrorists. We owe them our thanks,
and we must continue to support their efforts with the right
tools and resources. Law enforcement officers and prosecutors
repeatedly tell us that one of the most important weapons they
have in the war against terror is the USA PATRIOT Act.
Following September 11, the Justice Department asked law
enforcement: "What do you need to better protect our citizens?"
For two months our elected leaders met, discussed, and debated
our laws and our options under the Constitution. The Bush
Administration worked closely with both parties in Congress to
shape a proposal that gave law enforcement the tools it needed
to secure the homeland while protecting our liberties. It is
important to note that this period of intense discussion
preceded the enactment of the PATRIOT Act-even as our nation
worried about another imminent enemy assault.
Three years later, we can say the PATRIOT Act is working: it has
helped prevent additional terrorist attacks. As we look at the
challenges of the future, it is important to remember why the
PATRIOT Act is so effective. First, the Act lowered the
bureaucratic wall that separated law enforcement from the
intelligence community. Second, the Act ensured that law
enforcement could battle terrorism by deploying many of the
legal tools that had long been used to fight drug smugglers,
mobsters, and other criminals.
Some of these important provisions are set to expire at the end
of 2005. But as the President has warned, the terrorist threat
will not expire on that schedule. The coming Congressional
deliberations regarding the reauthorization of the PATRIOT Act
are important. Debate and discussion reflect our strength as a
democracy. We all share the same goal: to give law enforcement
the tools they need to keep America safe, while honoring our
values, and I look forward to hearing the views of others on
this critical question. I am willing to support improvements to
our laws that make America safer. What I will not support are
changes in the law that would make America more vulnerable to
terrorist attacks.
As we take steps to prevent another terrorist attack against
America, the Department will also move aggressively in other
areas to promote equal justice for all. Let me speak for a few
moments about six such areas: the President's Project Safe
Neighborhoods initiative; victims' rights; immigration reform;
obscenity prosecutions; human trafficking; and judges.
For the past four years, the President has challenged the
Department of Justice to work with our federal, state, and local
law enforcement partners to drive down the rate of violent
crime, crimes committed with guns, and trafficking in illegal
drugs. We have met the challenge. Today crime is at a 30-year
low.
The President's Project Safe Neighborhoods - which coordinates
the efforts of Federal, state, and local law enforcement to
stamp out crimes committed with guns - has been a key reason for
that success, and an example of the cooperation the President
had demanded. So is our latest Project Safe
Neighborhoods-inspired initiative, Violent Crime Impact Teams.
The VCIT initiative has shown how we can fight crime better,
expand freedom, and open new opportunities in communities that
had lost all hope.
To date, our ATF-led Violent Crime Impact Teams have moved into
15 cities in need of anti-crime reinforcements. These teams also
include DEA agents; Deputy U.S. Marshals; state troopers and
county sheriffs; probation officers; and federal and state
prosecutors. Working together, they have taken the most violent
and the most dangerous offenders off our streets.
The progress thus far in our 15 cities in just the first nine
months has been outstanding. We are now expanding this program
to new communities. Today, I am pleased to announce that VCIT
strike forces will soon be on the streets in five additional
cities: Hartford, Connecticut; Houston, Texas; Fresno,
California; Camden, New Jersey; and New Orleans, Louisiana.
As we battle crime, we must also defend the rights of crime
victims and assist them in their recovery. That is why this
Administration has been the first to urge Congress to pass the
Victims' Rights Amendment, which would ensure that victims have
a constitutional right to information about the proceedings and
to participate appropriately in the proceedings. This is a
priority for the President and a priority for me.
I applaud Congress for enacting the Justice for All Act, which
strengthened protections for victims. Currently, the Justice
Department is working hard to implement these measures, which
improve crime victims' access to information about the criminal
process and give them a stronger voice in seeing justice done.
In addition, I will soon issue guidelines for victim and witness
assistance in order to ensure that Department of Justice
employees fully understand their responsibilities to victims.
Another area where we will improve is in the administration of
immigration laws. Every year hundreds of thousands of immigrants
come to this country with the vision of a better life. They,
too, have hopes of being part of one country with shared dreams.
The Department's immigration judges and the Board of Immigration
Appeals make important decisions every day about which aliens
will be granted asylum or removed to their own countries. In so
doing, they are charged with protecting the security of the
American people as well as ensuring that those eligible for
asylum are given the protection of this great nation.
The Justice Department defends these immigration decisions in
the federal courts of appeals. But we know that the Department
and the federal courts are straining under the weight of an
immigration litigation system that is broken. Under the current
system, criminal aliens generally receive more opportunities for
judicial review of their removal orders than non-criminal
aliens. Aliens should be given hearings that are fair and
complete. But reforms would ensure that the system does not
reward criminals or overburden our court system with unnecessary
appeals. Such reforms are now pending in Congress, and I urge
the Congress to act promptly to pass these measures and send
them to the President for signature.
Another area where I will continue to advance the cause of
justice and human dignity is in the aggressive prosecution of
purveyors of obscene materials. I am strongly committed to
ensuring the right of free speech; the right of ordinary
citizens and of the press to speak out and to express their
views and ideas is one of the greatest strengths of our form of
government, but obscene materials are not protected by the First
Amendment, and I am committed to prosecuting these crimes
aggressively. As an example, recently, the Department announced
our appeal in an important obscenity prosecution in Pittsburgh,
which involved materials that depicted rape, sexual assault, and
a variety of other degrading conduct. I have directed Department
officials to carefully review federal laws to see how we might
strengthen our hand in prosecuting obscenity.
The President has also made a firm commitment to combating one
of the most pernicious moral evils in the world today: human
trafficking, modern-day slavery. This abomination does not exist
only in other lands; it exists right here, on our shores. Today
its victims are usually aliens, many of them women and children,
smuggled into our country and held in bondage, treated as
commodities, stripped of their humanity.
In one case from New Jersey, for example, two defendants
befriended young girls working at a roadside taco stand in
Mexico. They offered to smuggle them to the United States, to
give them a chance to find "husbands" and a better life. Once
here, however, the girls found captivity in a brothel. Through
isolation, physical beatings, threats, and psychological
coercion, the girls were forced to perform acts of prostitution,
often more than six times a day. All the money had to be turned
over to the defendants. Under the "rules of the house," the
girls were not permitted to have any outside contacts, or even
to speak to one another. The Justice Department's Civil Rights
Division prosecuted and convicted five defendants in this case,
the two ringleaders receiving 17 years' imprisonment.
This is only one example. The Justice Department has been
extremely active, showing large increases in prosecutions and
investigations in this area and we will continue to do so under
my watch. We have partnered with other federal agencies to
create more than 20 anti-trafficking task forces around the
country. But there is more to be done.
States, governors, and legislatures can help by adopting
anti-trafficking laws. The Justice Department has created a
model state anti-trafficking law, and I intend to send a copy of
it to every governor and legislative leader in those 40-plus
states that do not yet have their own anti-trafficking laws.
In protecting the lives and dignity of our citizens, the
American people expect and deserve a Department of Justice-and a
government-guided by the rule of law and inspired by a love of
their liberties.
But one cannot extend freedom and opportunity for every American
unless we have justice in the courts. And we cannot have justice
in the courts without judges who respect the Constitution.
This is why President Bush has consistently nominated to the
federal bench men and women of integrity, character, and
professional excellence. Every one is a nominee who believes in
strictly and faithfully interpreting the law. They believe, as
Alexander Hamilton wrote in Federalist No. 78, that "The courts
must declare the sense of the law; and if they should be
disposed to exercise WILL instead of JUDGMENT, the consequence
would equally be the substitution of their pleasure to that of
the legislative body."
Our representative system of government and our courts require
men and women who understand that this is the appropriate role
for judges, and the Senate must play its appropriate
constitutional role in this process. I have seen first-hand the
crisis and administrative strain created by the delay in
considering some of the President's nominees.
It is true that many of the President's nominees have received
up-or-down votes and have been confirmed. But under our system,
every nominee is entitled to an up-or-down vote. And several of
the President's nominees for the courts of appeals have been
denied that up-or-down vote, even though those nominees are
eminently qualified, highly rated by the American Bar
Association, and would receive majority support if the full
Senate were allowed to vote on them. This situation has to
change, and I want to work with members of the Senate to find a
resolution. We know that some day, we will have a vacancy on the
Supreme Court - it may not be this Term or the next, but it will
happen - and it is imperative that this broken process be fixed
before we arrive at that point. If a President nominates a
person who is qualified to serve in the Judiciary, and that
person has the support of a majority in the Senate, then under
our system that nominee should be confirmed.
Seventy-five years ago this year, the man for whom the Hoover
Institution is named presented a vision for our nation. Herbert
Hoover's years of public service were guided by the belief that
America's sacrifice in defending freedom abroad would strengthen
the founding values of our nation: freedom, justice, human
dignity, and most important, opportunity.
"Equality of opportunity is the right of every American-rich or
poor, foreign or native born, irrespective of faith or color,"
Herbert Hoover said. "Only from confidence that this right will
be upheld can flow that unbounded courage and hope which
stimulate each individual man and woman to endeavor and
achieve."
It is a testament to the vision and leadership of our Founding
Fathers, and of men like Presidents Hoover, Reagan, and George
W. Bush that today, the Department of Justice continues to
defend the ideals that have transcended time and generations and
transformed the world.
I commit to you that I will do all I can as your Attorney
General to uphold this vision and these values. We will fight
for an ideal of justice expressed in the Constitution-one that
shirks no duty and overlooks no obligation to the safety and
security of our citizens. We will fight for justice that
protects opportunity and lifts up every life. We are one
country, and this is the dream that we all share.
Thank you again for having me here today. May God bless you and
your families, may He continue to guide your decisions, and may
He continue to bless the United States of America.
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