Transcripts For CSPAN2 Key Capitol Hill Hearings 20131102 :

CSPAN2 Key Capitol Hill Hearings November 2, 2013

Table. They are reviews. We use them we review them very carefully afterwards. That is why we think our programs have improved over the years because we listen to what you have to say and try to give you the type of programs you really are interested in. We would also have another announcement. Our committee will be having on friday november 15 an address addressed by ambassador marc grossman. He is the vicechairman of the cohen group. He will be speaking about the Diplomatic Campaign in afghanistan and pakistan. He will be at the University Club at 8 00 a. M. On november 15 so please take out your black areas in iphones. We also have another speaker. The Senior Adviser for transnational Homeland Security and Counterterrorism Program at the center for strategic and international studies. That will be wednesday december 4. Also at 8 00 a. M. To 9 00 a. M. And that also will be held at the University Club which is on 16th street in the northwest. I also have a very special announcement. As many of you know the Aba Standing Committee is the oldest Standing Committee in the american bar association. We actually just celebrated our 50th anniversary in 2012. Its a committee that was started by then aba president lewis powell who then went on to have more of an extraordinary career with the Supreme Court. There was another major individual who is a force in setting up our committee and that was a man named lloyd. He is one of the Founding Fathers of the committee and was a force in National Security law and the understanding of the rule of law and civil liberties. We have created an award and its one of the most prestigious awards are committee can give out. As i look around the room i see friedman is in the audience and he was a recipient of the word but i have the great pleasure of announcing that this years award winner is John Norton Borg and id like you to give a round of applause. [applause] john has had an amazing career. He got a lot of applications for the award but im holding up his cd which runs 22 pages. Small print. Ill give you the table of contents. 47 books, five accord views and apparently is spending so much time writing books he does not have time to read books he could see only has five look reviews. 88 articles monographs and book chapters 33 newspaper articles and letters 58 testimony statements including government testimony and statements. One arbitrary of decision and eight im published papers that soon may be published now that you are an award winner. He has had an extraordinary career of such dedication to the rule of law and National Security. Its hard to think of someone who would be a more worthy carry on traditions and i cant thank you enough john for doing what you have done for our committee and what you will continue to do for the rest of this panel and what you will continue to do for us as long as you still have rest and you so thank you so much. I also want to point out that today we are going to have a full day. John is going to be doing his panel with an extraordinarily extinct distinguished group of people who i think have the tradition of we stand tall and we swing hard and we call it as we see it. Thats why so many people come to us because of our bipartisan approach. Later in the day we will be having cybersecurity future challenges with mary derosa and it may well have a keynote address by jeff smith a partner and porter talking about the National Security london will be ending with the applicable issues facing lawyers would tell harvey and well be having the honorable james baker from the u. S. Court of appeals for the armed forces and dutch blakey who will be discussing ethics. Those of you have to stay for your ethics cle that will be coming on at 2 15 to 4 00. With that its my distinct pleasure to pass the podium on to john who will running be running a panel for which we are looking forward to extensively and thank you again john. Harvey thank you so much for the honor of perceiving the lehman award. I knew Maury Liebman very well, a recipient of the president ial medal of freedom and maury had just done extraordinary things for this country and for the rule of law and the world. So it is a very special pleasure for me and a the special honor to have an award named after this great american. We have a particularly important subject matter to discuss on the first panel today. It is that of the nexus between transnational crime and terrorism and other issues in National Security. This is an issue that i think is not really understood. There has not been the kind of focus on this as there has been in many other areas of National Security law in recent years. And yet the magnitude of this problem is one that has been growing and is today a very serious issue. The director of National Intelligence testified with the congress of the United States last year that the nexus between crime and terror was in fact one of five key threats to the United States National Security today. Now there are many different parts of that nexus and i will leave it to our panel to really discuss that for you in depth, but part of it of course is the ability of groups that are using organized crime and using crime to raise money to finance a variety of terrorist activities and other National Security threats including insurgency. In addition to that there is going to be a sharing of logistics. There is going to be a learning of tap tics from one group to another. We see particularly the nexus of this in terms of locations in areas for example of collapsed government and failed government or areas such as venezuela which have regimes that are in fact very difficult for the United States in Foreign Policy. So there are many different interrelations here that unfortunately seem to be getting more serious by the day and we have a panel that i think is certainly one of the best panels one could possibly put together to talk about this. The real top experts in the United States on this subject. Our first panelist is spike bowman who is a specialist in National Security law and policy. Most recently he served as the deputy of the National Counterintelligence executive. He served before that is the Senior Research fellow at the National Defense university and prior to that he was in the Senior Executive Service Federal bureau of investigation is the senior counsel for National Security law and is director of the intelligence issues group at the National Security branch. Please join me in welcoming spike bowman. [applause] thank you, john. When we think of organized crime i think most of Us Incorporated about the east coast of the United States when we look at the crime families and things like that and we tend not to really look at it as a National Security issue. After all what disorganized crime do lex its money and it takes money from people and takes money from organizations from institutions. It corrupts police and officials in the government at officials and engages in arms trafficking and so forth. The problem you have with looking at it as simply a criminal enterprise is that you cant have effective organized crime if you dont have corruption somewhere along the line. In addition to that if you have anyplace in the world which is unstable you have a breeding ground for organized crime and if you think about it depending on how you count it there are 195 countries in the world a great majority of which are failed states which gets a lot of opportunity and breeding ground for organized crime. Instability in any region is a threat to all of us. Instability also allows organized crime to flourish in these areas and organized crime doesnt want the rule of law to be well protected or established in these areas. After all the rule of law is an enemy of organized crime. So this is one of the problems that we face. Now we started looking at organized crime as a National Security issue rather tenuously quite some time ago. Everyone in this room is familiar with executive order 12003 which was written in 1981 and when that order came out one of the things that the order established as a National Security threat was International Drug and International Terrorism investigations. Not for cicely organized crime but of course what are International Drug organizations engaged in . International organized crime. As you move forward in time you begin to look at it a little more specifically as a National Security issue. The president ial decision in 1995 clearly declared International Crime a threat to National Security and the same year 1995 the National Security strategy recognized organized crime as a National Security issue. In 2002 the National Security strategy again recognized it as the Social Security issue. The same in National Security strategy in 2006 and then in 2009 and National Intelligence estimate recognized it. By 2010 the National Security council was heavily invested in transnational organized crime. So this is basically something that has been growing and evolving and its something we need to look at as a National Security threat terry at if we think of the traditional methods of organized crime we can begin to see that this is something that really does affect us on a transnational issue. For one thing trying to combat it and trying to combat any transnational threat is difficult because you start as lawyers thinking about how you manage transnational threats and for us it is the rule of law. The rule of law requires courts and requires prosecution and requires witnesses. It requires evidence. It requires choice of law when youre talking about different borders. So that is a major issue. One other thing that has come up in a very short period of time and by that i mean about 20 years is the influx of cyberissues into organized crime. I dont want to take up the next panels discussions on cybersecurity but pink about this for a minute. Since about the mid1980s to about around 2000, we began to occupy all of us began to occupy or live our lives in cyberspace. Probably there may be a few of you out there that dont have a facebook account. But basically we began to live our lives in cyberspaccyberspac e and this is one of the things that organized crime is beginning to take significant advantage of. Because it is easier and safer and cheaper to try to steal money electronically than it is to go rob a bank or set up a traditional fraud scheme organized crime has invested very heavily in cybercriminal activity. One of the consequences of that is we have seen an increasing number of organized crime groups form around the influx of cyberissues in our lives. If you think about it for a minute, you think about all the things that you do in cyberspace that criminals can take advantage of. You buy things on the internet. All of us buy things on the internet in the year credit cards out there and those of you and probably everybody in this room as hot something from athens on. You go back to amazon and buy something new and amazon says do you want to use the same credit card as last time . They dont ask you for your credit card number. You select the one that you want them to use. When these organizations get hacked you tend to lose things. I used use the example of my daughter. I have a 25yearold daughter who doesnt like to carry cash around and she uses a credit card or atm card for everything. A couple of years ago christmas she visited some friends of mine in honolulu and as she took off from San Francisco airport and was airborne out of San Francisco i got a call from her Credit Card Company saying that asking if she had just charged something on her atm in illinois. We spend 25 of the worlds research and development dollars. So we are the biggest target in the world for proprietary information, and we are we are losing billions of dollars each year in from pro proprietary thefts. They have gone actively to the area. And businesses are the only beginning just to try to cope with this. Only a few years there when we go to businesses and say youre going to be here is what you need to do. They would say, well, i have to spend money to do that. My obligation is to give my dividends to the shareholders. Or that have to go to the board of directors and ask permission to spend money for something that doesnt come to the bottom line. Were seeing that change a little bit today. You know, when olympics were held in china a couple of years ago we didnt want them to take the blackberry and come back and plug it in to the system. We if get bill gates not to take the computer. Linda took hers. [laughter] so anyway. I think that one of the things that what is the actual threat of organized crime to us today . And i think very clearly it has evolved in a short period of time to something that is more than just violence and racketeering, but something that becomes very personal to all of us. With that, i think i will stop here and let the next panelist speak. Thank you very much. [applause] our next panelist is thomas, who is president of international. A Consulting Firm based in washington. He previously served as assistant director of the federal bureau of Investigations Office of International Operations from 2004 until his retirement in november 2008. His 29year career in the fbi included 11 years as a member of the u. S. Government Senior Executive service. He directed the office of International Operations which included officers at fbi headquarter in washington, d. C. , and 76 legal offices in us embassy and consulate worldwide. He served as a member of the executive committee of inter poll. Thank you. I would like to i guess amplify what spike talked about in term of organized crime and basically the evolution of the u. S. Efforts to combat it. Both domestically here and working throughout the world with other organizations to try to stop it. Much has been made over the years that organized crime and terrorist groups were going to form a partnership that would be devastating to the United States, developed countries, and developing countries. What we have seen over the years its not exactly worked out that for several reasons. In the areas where they cooperated a great deal they have expertise in explosive i have, creating fax travel documents, accessing the Global Financial networking, committing violence white collartype crime. All of those type of things to go against the government regulations in laws that exist in various countries. Frost groups do the same thing. Where they differ is that the leaders of organized crime not trust jihadists. At all. The reason for that is theyre in business to make money. They will use violence and the threat of violence and absolutely depend on public corruption from police, judges, legislator, they require corruption to exist and flourish, but theyre in the business to make money. If youre in the business of using violence or committing crimes to sustain a political motive, a religious motive, other reasons than greed, they dont trust you. You dont think the way they think. They dont want to hear about it. In term of what spike mentioned about cyber. This part is true. One of the things we talked about i took over the fbi organized Crime Program in 1997 and ran it for five years until 2002. So i was running that during the transition what occurred after 9 11 in term of government programs. And, you know, we saw many things. Spike mentioned some of the legislative changes and decision directors that went out in the 90s. That part was true. When i took over in 97. It was right after the time period where in addition to International Terrorism and International Narcotics trafficking, organized crime was then deemed and labeled a threat to United States National Security. Therefore, the directive stated that in certain circumstances Law Enforcement and the Intelligence Community coul

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