June 3, 1970
Page 18014
The PRESIDING OFFICER. The Senator from Idaho is recognized.
Mr. CHURCH. Mr. President, a false issue is being raised in this debate. No one is questioning the right of the President of the United States, acting as Commander in Chief, to go to the rescue of captured Americans if he feels a quick surprise rescue operation is feasible. The rights he possesses under the Constitution, as Commander in Chief, cannot be compromised by Congress.
It is, therefore, unfair to assert that Americans who may be captured in Cambodia might somehow suffer if this amendment is rejected. That is a false issue.
The truth is that the President himself set the limits on the Cambodian operation. He himself said American forces would not penetrate into Cambodia more than 21.7 miles. He himself said these forces will be withdrawn by the end of June.
If we were to agree to the amendment offered by the Senator from Kansas, the Senate would be exceeding the limits set on the Cambodian operation by the President himself. We would be authorizing him, despite his own limitations, to retain American forces in Cambodia indefinitely as long as he made a finding that American prisoners of war remained in this country.
Mr. President, if this amendment were agreed to, President Nixon would never invoke it. To invoke it would be to repudiate his own Cambodian policy. Moreover, if he were ever to invoke it, it would not be to serve the best interests of American prisoners of war. By prolonging our occupation of Cambodian territory, he would be increasing, rather than reducing the number of Americans captured by the enemy and made prisoners of war.
If the Senate wants to serve the best interests of American prisoners of war, we should comply with the policy the President himself set down. It is, thus, incumbent upon us to vote against the amendment offered by the Senator from Kansas. I trust that the Senate will reject the amendment.
Mr. MUSKIE. Mr. President, by no means the least grievous aspect of the war in Vietnam is the inhumane treatment of American prisoners of war by the North Vietnamese. Such treatment, and the continued refusal by the North Vietnamese to even identify those prisoners they are holding, is intolerable and offensive to the civilized conscience.
It is equally inexcusable for us to attempt to play politics with the feelings of anguish and despair of those related to American servicemen either missing in action or being held as prisoners of war. Such would be the effect of the Dole amendment, No. 662, to the Foreign Military Sales Act.
This amendment is irrelevant both to the substance of the Cooper-Church amendment and, more importantly, to our future success in negotiating the release of American prisoners of war.
It is an obvious attempt to eradicate any meaning which the Cooper-Church amendment might have.
I am troubled, as we all are, over the POW situation, and I recognize the need to focus concern on this issue. But I will not support a proposal which plays on the emotions of the many Americans deeply concerned over this tragic situation for the stated purpose of freeing the President's hands to continue our involvement in Cambodia.
Mr. THURMOND. Mr. President, I am pleased to take this opportunity to indicate my full support for the pending amendment, No. 662, introduced by my able friend BOB DOLE; further, I would like to commend Senator DOLE for introducing this vital measure and for presenting it so well.
As we know, Senator DOLE has long been a champion for our boys who are being held prisoner in Southeast Asia and for their families and friends who have been so frustrated in their attempts to get word of them. In offering the amendment which we will vote on shortly, the distinguished Senator from Kansas has come through again, not only for that relatively small group, but also for millions of concerned and compassionate individuals throughout the world.
Mr. President, the amendment is very simple. It states in effect that the President shall have the power to operate inside Cambodia in order to protect or rescue American prisoners of war there, notwithstanding the provisions of the Cooper-Church amendment.
Mr. President, this is only a restatement and reaffirmation of constitutional powers which the President now possesses; but considering the temper of the times, it is very necessary that such a restatement be confirmed by the Senate today. As the world watches us closely, we must show that the U.S. Senate does not intend to knuckle under to pressure and abandon our boys who have fought so valiantly for us.
Mr. President, I am proud to be a cosponsor of the Dole prisoner of war amendment, and I urge its overwhelming approval by this body.
Mr. DOLE. Mr. President, may we have order?
The PRESIDING OFFICER. The Senate will be in order.
Mr. DOLE. Mr. President, I wish to state again that the amendment we are about to vote on was offered in dead seriousness. It is not a frivolous amendment; it is not a travesty. Some say we are holding out hope to wives, mothers, and children of prisoners of war and those missing in action.
Yes, we are holding out hope to the wives, mothers, and children. That is all many of the wives, mothers, and children of American prisoners of war and Americans missing in action have had.
My friends, last night most of us went home and we played with our children and we had dinner. Yes, it was life as usual in this country. It was life as usual for us, but what about the American prisoner of war? What about Americans missing in action?
I do not stand in the Senate today and say that if we agree to the amendment there will be freed one, 10, or 50 American prisoners of war tomorrow or the next day. But at least we would not deprive the President of that right. If we have faith in the President, and many of us do, the amendment provides that if the President determines that citizens or nationals of the United States are held as prisoners of war in Cambodia by the North Vietnamese or the forces of the National Liberation Front, then the so-called Church-Cooper amendment shall be inoperative.
That is all it provides. It would not vitiate the Church-Cooper amendment, and it would not nullify it.
It does strengthen the amendment. It says to American prisoners of war and Americans missing in action that the U.S. Senate on the 3d day of June 1970 strengthened the hand of the President.
To those who say the President has this right in any event, let me say if the President has that right it does no harm to underscore and emphasize that right and make it a part of the Church-Cooper amendment.
Mr. President, to those who say the amendment is limited and should include North Vietnam, Laos, and Thailand, I would hope that other amendments may be offered to so provide. But above all let us hold out some hope for the mothers, wives, and children of the 1,529 American prisoners of war and Americans missing in action. It is a small group and if one adds to this group the 20 or 30 news commentators and camera crews it is still a small group; it does not represent many votes, it cannot mount much pressure, nor is it a lobby organization; but they are Americans and to my friends in the Senate on both sides of the aisle today we can vote for the American prisoners of war and Americans missing in action. We can do no less.