MIKE POMPEO CONFIRMATION HEARING 1050 - 1240
UNITED STATES SENATE JOINT COMMITTEE ON INTELLIGENCE HEARING:
Nomination of Mike Pompeo
Hearing Type: Open
Date & Time: Thursday, January 12, 2017 - 10:00am
Location: Dirksen 106
WITNESSES:
Mike Pompeo
Director of the Central Intelligence Agency
CIA
(AUDIO GAP)
BURR:
Some things in life you find that there are no answers to questions. We don't have an answer to the power problem that we had yet, but we have ruled out the vice chairman's comments and we have ruled out that this is a conspiracy on the part of Senator Collins to highlight critical infrastructure in -- in the cyber world.
I'd like to thank the vice chairman for his opening words.
And at this time I'm going to shorten my introduction to a very limited thing. We are honored to have two Kansans here: current Senator Pat Roberts, and former Senator and Leader Bob Dole.
I would recognize Senator -- Senator Roberts for the first introduction of Representative Pompeo.
ROBERTS:
Well, thank you, Mr. Chairman, Mr. Vice Chairman, and members of the committee.
As one of this committee's former chairmen, I fully appreciate the awesome responsibility that comes with sitting on this dais. Not only are you charged with authorizing the intelligence activities of the United States, perhaps more importantly you represent the collective conscience of the American people as you oversee and scrutinize these activities.
As you know well, service on the Intelligence Committee takes -- and must take place largely behind closed doors and without fanfare. It is work that keeps you up at night, but it is work that needs to be done to ensure that our intelligence professionals have the guidance and the resources that they need.
Today, however, you meet in open session to consider the nomination of my good friend and my Kansas colleague, Congressman Mike Pompeo, to be the next director of the Central Intelligence Agency. My esteemed friend, Senator Bob Dole -- my mentor, my colleague, and Kansas' favorite son -- and I appreciate the opportunity to share briefly with you Mike's background and his achievements.
Ultimately, I believe Mike has the experience, the knowledge, the judgment, and the skills necessary to lead the Central Intelligence Agency.
Mike is Army strong. That comes from a Marine.
He graduated at the top of his class at West Point and then served as a cavalry officer patrolling the Iron Curtain before the fall of the Berlin Wall. He later joined the 2nd Squadron, 7th Cavalry, in the 4th Infantry Division.
After completing his military service Mike attended Harvard Law School, where he was an editor of the Harvard Law Review. Because he is an attorney, Mike understands the law. He will respect the limitations that we have placed upon our intelligence services and he will preserve our constitutional values.
After practicing law Mike returned to his mother's roots in south central Kansas, running several very successful businesses in Wichita before making the decision to run for Congress back in 2010. Mike came to Washington with a strong desire to serve the people of the 4th District and also ready for a challenge. He sought a seat on the House Intelligence Committee at a time when intelligence-gathering methods were under fire.
As an experienced legislator, Mike Pompeo understands and respects the role of Congress and the need for vigorous oversight. I believe he will provide the Intelligence Committees with candid and honest assessments and provide the information the committee deems necessary to fulfill its oversight responsibilities.
I trust that he will also demand that of everyone who serves at the CIA. And in doing so, I know and he knows the difference between intelligence reporting and an intelligence product with salient input from all within the intel community, thus making sure our intel community does not become mired in assessment failure.
Mr. Chairman, there are few positions in government with greater importance than that of the director of the Central Intelligence Agency. At a time when Democracy and freedom are under assault by radical elements fueled by hatred our intelligence-gathering services must have -- must have -- a strong leader who will guide their mission and ensure the safety of the American people and not be swayed by any political interference.
Those who serve in or in support of the clandestine service deserve our gratitude and out highest respect. The best way I know how to demonstrate that respect is to give them a leader that will have their backs and at the same time demand excellence of each and every one of them.
Members of the committee, Mike Pompeo will be that kind of leader. I urge you to support this nomination.
It is now a privilege to introduce to the committee someone that needs no introduction, Senator Bob Dole, for more insight we regards to Mike Pompeo's leadership that has benefited all of us in Kansas and in our nation.
Bob?
BURR:
Senator Dole, the floor is yours.
DOLE:
Let me grab -- my eyesight is not too good so I thought it was perfect in the other room.
(LAUGHTER)
But I'm happy to be here, of course, Mike and Susan and your son, and it's a great honor for me.
And it's an honor just to come back to the Senate. I don't get up here very often, and I know members of both sides of the aisle understand what a privilege it is to serve. And I see my fraternity brother, Chairman here, and my fellow Kansan, Ron Wyden, from Wichita, and others that I know very well.
I didn't see -- oh, I did see Susan. She's here somewhere. And Diane Feinstein here?
Where?
Oh, Diane and I used to work together. Some of it was good.
(LAUGHTER)
But anyway, I'll just take a minute because we lost a few minutes making a transfer.
But I always thought that you tested a member of Congress or senator by what they did at home, and what kind of a record they compiled, and what kind of constituent service they had, and whether they really were into what they were elected to do. And Mike has a great record in Kansas, whether it's with the aviation industry he worked closely with and had legislation pass that created more opportunities for small plane manufacturing and -- which created jobs. We need jobs in Kansas; certainly we all do in all our states.
He had extensive work with veterans, and I'm -- do a lot of work with veterans myself, volunteer. And he's had over 600 cases where he's tried to be helpful and has been helpful to veterans and their families. And to me that is a mark of a good person, big heart, responsibility. Because no one needs more attention these days than those who served our country, and Mike understands that.
And I think of all the people he's helped in our state. It's very important.
He's also been active in the biotech, engineering, whatever that is. He got 101 Democrats to vote with him; it was totally bipartisan. And it really doesn't deal with the CIA but, again, it's an indication of how hard he worked as a representative from the 4th District of Kansas.
And so I told Mike I'd come up and speak for him or against him and he said, "Let me call you back." And so I'm very proud to be here because I know this man and I know he'll do a great job and he understands there are no politics in the CIA. It's very, very difficult and responsible work.
So thank you all for being here this morning. And I may run again so I'll probably be up here looking for bipartisan support, so -- but have a good day, and you've got a good candidate here.
Thank you.
BURR:
Senator Dole, thank you very much for your service to the country, your service to the Senate, and your service to those in Kansas.
Senator Roberts, thank you for your past leadership on this committee and, more importantly, your current contribution to the United States Senate.
With that, Mr. Pompeo, I'd like to ask you to stand. And, Mike, if you would raise your right hand?
Do you solemnly swear to give the committee the truth, the full truth, and nothing but the truth, so help you God?
POMPEO:
I do, sir.
BURR:
Please be seated.
Mike, before we move to your statement I'll ask you to answer five standard questions the committee poses to each nominee who appears before us. They just require a simple yes or no answer for the record.
Do you agree to appear before the committee here and in any other venues when invited?
POMPEO:
Yes, sir.
BURR:
If confirmed, do you agree to send officials from your office to appear before the committee and designated staff when invited?
POMPEO:
Yes, sir.
BURR:
Do you agree to provide documents or any other materials requested by the committee in order for it to carry out its oversight and legislative responsibilities?
POMPEO:
Yes, sir.
BURR:
Will you both ensure that your office and your staff provides such materials to the committee when requested?
POMPEO:
Yes, sir.
BURR:
Do you agree to inform and fully brief to the fullest extent possible all members of the committee of intelligence activities and covert action, rather than only the chair and the vice chair?
POMPEO:
Yes, sir, subject to something that the president directs, I do. I will always try and do that.
BURR:
Thank you very much.
We'll now proceed to your opening statement. The floor is yours, Mike.
POMPEO:
Thank you very much, Senator Burr, Senator Warner, members of the committee.
Senator Dole, thank you for your kind words this morning. But more importantly, thank you to your service to our nation and to Kansas as a public servant here, as an elected official, and as a soldier in World War II.
Kansans -- and I think it's safe to say your former colleagues here in the Senate -- know they've benefited from your wit, your patriotism, and your kindness. I sure know that I have. Thank you so much for agreeing to be here this morning.
Senator Roberts, thank you, too, for your warm introduction. I'm especially grateful for your guidance over the years, not simply because you're the dean of the Kansas congressional delegation, but due to the insights that you've shared with me in your role as the former chairman of this committee. Semper fi, sir.
DOLE:
Mike, I may have to leave early. I finally got a client.
(LAUGHTER)
POMPEO:
Senator Dole, I completely understand. Thank you very much for being here, sir.
Chairman Burr, Vice Chairman, senators, thank you for the opportunity to appear before you today as the nominee of the director of the Central Intelligence Agency.
I want to thank the staff of this committee, too, for your kindness and attention through the nomination process.
I'd like to thank President-elect Trump for nominating me. It's an honor to be selected as the next steward of the world's premier intelligence agency.
I look forward to working with Senator Coats, the nominee for the director of national intelligence, and supporting him in his critical role should we both be confirmed.
I also want to thank Director Brennan and Director Clapper for their many, many years of selfless service to our nation.
I'm grateful, of course, to the people of the 4th District of Kansas, who have entrusted me for the past six years and change to represent them in the United States House of Representatives. It has been a true honor.
And finally, I want to thank my patient and patriotic wife Susan, and my son Nicholas, each of whom I love dearly.
The two of you have been so selfless in allowing me to return to public service, first as a member of Congress and now, if confirmed, working with warriors who keep America safe. I cannot tell you how much it means for you all to be with me here today.
Having been a member of the House Permanent Select Committee on Intelligence, I understand full well that my job, if confirmed, will be to change roles from centrality of policymaking to information- provider. The director must stay clearly on the side of collecting intelligence and providing objective analysis to policymakers, including to this committee.
I've spent the majority of my life outside of politics, first as a Army officer, and then as a litigator, and then running two manufacturing businesses in Kansas. Returning to duty that requires hard work and unerring candor is something that is in my bones.
Today I'd like to briefly sketch some of the challenges I see facing the United States, address trends in intelligence, and describe what I see as the Central Intelligence Agency role in addressing each of those.
This is the most complicated threat environment the United States has seen in recent memory.
ISIS remains a resilient movement that still controls major urban centers throughout the Middle East. We must ensure that they and those they inspire cannot expand their reach or slaughter more innocent people.
The conflict in Syria is one of the worst humanitarian catastrophes of the 21st century. It has led to the rise of extremism and sectarianism, as well as further created instability throughout the region and in Europe and, indeed, all across the world.
Iran, the world's largest state sponsor of terror, has become an even more emboldened and disruptive player in the Middle East. Russia has reasserted itself aggressively, invading and occupying Ukraine, threatening Europe, and doing nothing to -- to aid in the destruction and defeat of ISIS.
As China flexes its muscles and expands its military and economic reach, its activities in the South and East China Seas and in cyberspace are now pushing new boundaries and creating real tension. North Korea, too, has dangerously accelerated its nuclear and ballistic missile capabilities.
We all rely on intelligence from around the globe to avoid strategic and tactical surprise. Intelligence helps make the other elements of national power effective, including economic and legal measures against weapons proliferators, terrorist financiers, and other criminals.
Foreign governments and liaison services are vital partners in preventing attacks and providing crucial intelligence. It's important that we all thank and appreciate the foreign partners who stand with us in helping make sure that we all have the intelligence we need to keep America safe.
If confirmed, I intend to advocate for a strong and vibrant intelligence community and for CIA's centrality in that community. There are at least four long-term trends making the urgency of supporting intelligence paramount.
First, the intelligence community finds itself a potential victim of long-term negative budgetary trends, which can weaken the fabric of our intelligence community.
Second, as with the proliferation of chemical and biological weapons and ballistic missile technology, countries such as North Korea have overcome low barriers of entry to engage in offensive cyber operations. The United States must continue to invest wily -- wisely to maintain a decisive advantage.
Third, the effects of dislocation and poor governance present critical challenges but also new targets and opportunities for the CIA's collection and analysis.
And finally, the insider threat problem has grown exponentially in the digital age.
The greatest threats to America have always been the CIA's top priorities. It will be the CIA's mission and my own, if confirmed, to ensure that the agency remains the best in the world at its core mission: collecting what our enemies do not want us to know.
In short, the CIA must be the world's premier espionage organization.
One emerging area for increased focus is the cyber domain. Sophisticated adversaries like China and Russia, as well as less sophisticated adversaries like Iran and North Korea, terrorist groups, criminal organizations and hackers, are all taking advantage of this new borderless environment. The CIA must continue to be at the forefront of this issue.
As the president-elect has made clear, one of my top priorities if confirmed is to assist in the defeat of ISIS. We must maintain an aggressive counterterrorism posture and also address manifestations of this great threat beyond ISIS and Al Qaida.
With respect to Iran, we must be rigorously objective in assessing the progress made under the Joint Comprehensive Plan of Action. While I opposed the Iran deal as a member of Congress, in confirmed my role will change. I'll lead the agency to aggressively pursue collection operations and ensure analysts have the time, political space, and resources to make objective and sound judgments.
Similarly, it's a policy decision with respect to how we will deal with Russia, but it will be essential that the agency provide policymakers with accurate, timely, robust, and complete intelligence and clear-eyed analysis of Russian activities to the greatest extent feasible. As a member of the House Intelligence Committee, I fully appreciate the need for transparency and support from members of Congress. I've lived it.
We owe it to our constituents to get to the bottom of intelligence failures. But we owe it to the brave Americans of the intelligence community not to shirk our responsibility when unauthorized disclosures to the media expose controversial intelligence activities, or when Edward Snowden, from the comfort of his Moscow safe house, misleads the American people about intelligence activities.
On my first visit to CIA headquarters just a few years ago I visited an analytical targeting cell. Some of you have probably done this, as well. I saw a woman who appeared as though she'd not slept for weeks. She was poring over data on her computer screen.
I introduced myself. I asked her what she was working on, and she said she was just hours away from solving a riddle to locate a particularly bad character she had been pursuing for months.
She had her mission. Its completion would make America safer. She was a true patriot.
In the past few years I've come to know there are countless men, women just like her at this agency working to crush our adversaries.
This past weekend I took a moment and visited Arlington National Cemetery. I've done this many times. But on this visit I paid special attention to the markers that commemorate CIA officers who have perished ensuring our freedom in so many places most Americans will never know -- agents who put their offices -- put themselves and their lives at risk.
We know the sacrifices of the families of each of these CIA officers from our role performing intelligence. Those families sacrificed greatly, as well.
As I walked among these heroes I was reminded of the sacred trust that will be granted to me if I am confirmed. I will never fail it.
I'm honored to have been nominated to lead the finest intelligence agency the world has ever known, working to keep safe the people of the greatest nation in the history of civilization. If confirmed, I will be sworn to defend the U.S. Constitution for the third time in my life -- first as a soldier, then as a member of the House of Representatives, and now to work with the president and each of you to keep America safe.
Thank you all for the opportunity to speak with you this morning. I look forward to your questions.
BURR:
Mr. Pompeo, thank you for your testimony this morning.
For members we -- we will recognize based upon seniority for five minutes of questions. I would note for members there is a closed session of this hearing that will start promptly at 1 p.m.
I would remind members that we're in open session and that questions for Representative Pompeo today in this session should be limited to those that can be discussed and answered in open session. And I trust that if you ask something that can't the witness will make sure that he answers it when we get to closed session.
With that, Mike, I'm certain that from your experience on the HPSCI, and specifically your involvement in the select -- House Select Committee Benghazi investigation, you understand how valuable intelligence can be to oversight. If asked by the committee, will you provide the raw intelligence and sourcing behind agency finished products and assessments if, in fact, this committee needs it to complete its job?
POMPEO:
Senator, I -- I have been on the other side of this and I know how central it is to make sure you have all that you need to perform your oversight function for intelligence collection activities and all that the agency does. You have my commitment that I will always do everything I can to make sure I get you the information that you need, including an expanded set -- set of information.
I understand on a handful of issues you've reached agreement. I heard Director Clapper testify before you -- I believe it was last week; it may have been the beginning of this week -- and I promise to honor the commitment that Director Clapper made to this committee.
BURR:
Thank you for that.
There's been much discussion about the role of the Central Intelligence Agency and what it played in the detention and interrogation of terrorism suspects as part of the RDI program. These detention facilities operated by the CIA have long since been closed. President Obama officially ended the program seven years ago.
I think the debate space on this subject has become confused, and I'm certain that the law is now very, very clear. Do you agree that it would require a change in law for the CIA or any government agency to lawfully employ any interrogation techniques beyond those defined in the Army Field Manual?
POMPEO:
I do.
BURR:
You've been a outspoken critic in the past of policy and activities of this administration that you disagreed with in line with representing the people of the 4th District of Kansas. As head of the CIA you'll be in a position to speak truth to power and provide the president with your agency's unbiased, unvarnished, and best assessment of threats facing our nation -- assessments that will inform his approach to those very policies and activities that you may have criticized in the past.
Will you be able to set politics aside and provide the president with clear-eyed assessments free of political interference?
POMPEO:
Senator, I -- I -- I appreciate the question. And I -- when I say that I mean I understand deeply the question that you're asking. I've spent my life telling the truth, sometimes in very, very difficult situations, as a lieutenant, as a member of Congress -- in fact, as a member of the Oversight Committee, where sometimes we get placed in difficult situations talking to our constituents about things that matter an awful lot for American national security, and sometimes we just can't reveal them.
You have my commitment that every day I will not only speak truth to power but I will demand that the men and women who I have come to know well over these past few years who live their lives doing just that will be willing, able, and follow my instructions to do that each and every day.
BURR:
Thank you for that.
Vice Chairman?
WARNER:
Thank you, Mr. Chairman.
And again, Congressman, it's great to see you.
To ensure that I don't -- we don't end up with a light turnout again I won't redo my second half of my statement. But I do want to get you on the record, Mike, on a couple of issues that we have discussed, particularly about this inquiry into Russian active measures.
And I want to also reiterate the chairman's -- the chairman's comments of the -- the absolute necessity to make sure that you bring forward this analysis in an unvarnished way. And I -- I think you've made that clear to the chairman, and I know you've made that clear to me in -- on a private basis.
So if we can go through some of these questions fairly quickly, do you accept the conclusions of the I.C. regarding Russia's active measures?
POMPEO:
Senator Warner, I do. I've had one briefing. I attended the -- or the meeting, which the president-elect was briefed. Everything I've seen suggests to me that the report has an analytical product that is sound.
WARNER:
Do you pledge to -- to cooperate with the SSCI's Russia inquiry and to provide and make possible all necessary materials and access to personnel if needed?
POMPEO:
Senator Warner, I do. I think that's incredibly important.
WARNER:
Do you pledge to continue to pursue your own investigation into ongoing Russian active measures and any attempts they or others may have to undermine the United States, our political system, or our position in the world?
POMPEO:
Senator, I do. Indeed, I would expect that the president-elect would demand that of me. It is fully my intention.
That's -- I should share, that's my view with respect to all the product that the Central Intelligence Agency produces. We learn, we continue to develop intelligence if we're worth our salt. We will continue to gain insights that are valuable to policymakers, both the president-elect and you all.
I will continue to pursue foreign intelligence collection with vigor no matter where the facts lead.
WARNER:
Congressman, I've been critical of the tenor of some of the president-elect's comments about the -- the workforce and the professionalism of the I.C. In your opening statement you were very eloquent about the one that had been without sleep for some time.
In light of some of those comments, I have concerns about the morale throughout the I.C., but particularly at the CIA at this point. What plan do you -- will you have to go in and reassure the people who work at the CIA? How do we make sure, in a world where it's increasingly challenging to get people to step up and serve, both in terms of recruitment and retention, that we can -- you can reaffirm that you will have the CIA employees' backs?
POMPEO:
Senator, I -- let -- let me begin by saying I am confident that the Central Intelligence Agency will play a role for this administration it has for every previous administration, as providing powerful intelligence that shapes policy and decision-making inside this administration. I am confident that President-elect Trump will not only accept that but demand that from the men and women not only at the CIA but throughout all of the 17 intelligence communities.
With respect to me personally, I have come to understand the value of the Central Intelligence Agency. I -- I have seen their morale through tough times, where they have been challenged before, and I have watched them walk through fire to make sure that they did their jobs in a professional way and that they always were aimed at getting the truth in depth and in a robust way to policymakers.
I have every confidence that not only will I demand that, that they will continue to do that under my leadership if I am confirmed.
WARNER:
I think it's going to be an ongoing challenge, and -- and if you're confirmed I obviously wish you the best and think that it's critically important. I see many of these CIA employees. I have the opportunity to represent them. They live in the Commonwealth of Virginia. They work in this region and -- and it's been a challenging time for them.
I also want to get to -- in light of some of the -- the comments during the campaign the president-elect made, I think a subset of that -- of this issue, as well, is making sure going forward the CIA represents the diversity of the world, and particularly in terms of Muslim Americans being engaged. How do we reassure them, in light of some of the comments made?
And then also as you -- I concur with you that the challenge with ISIL is an enormous one. How do we make sure -- how would you go forward to make sure that our Muslim allies in our fight against ISIL, that they're going to continue to have a strong partner in the United States and not one that is going to in any way discriminate based upon faith?
POMPEO:
Senator, it's absolutely imperative. We have a -- a workforce out at the agency that's incredibly diverse. As you all well know, to achieve their mission we have to have folks from a broad background set as well as with language skills that represent all parts of the world so that we can perform our intelligence operations properly.
And we have partners in the Muslim world that provide us intelligence, and who we share with in ways that are incredibly important to keeping America safe. I am counting on -- and I know you are, as well -- that these liaison partnerships will continue to be additive to American national security. And you have my commitment that our workforce will continue to be diverse. I hope we can even expand that further so that we can perform our incredibly important intelligence collection operations all around the world.
BURR:
Senator Risch?
WARNER:
Thank you, Mr. Chairman.
BURR:
Senator Risch?
RISCH:
Mr. Chairman, I've had a -- a considerable amount of time with Mike over the years and recently. I'm going to -- and we're on a short string here. I'm going to reserve my questions until we get to the closed hearing portion of the hearing.
Thank you, Mr. Chairman.
BURR:
Senator Feinstein?
FEINSTEIN:
Thanks very much, Mr. Chairman.
I -- I just want to begin by saying I really appreciate the private meeting we had an opportunity to have. For me it was a clarification. I do appreciate your apology. I take it with the sincerity with which you gave it.
I want to ask one follow-up question to what the chairman asked, and that's dealing with those enhanced interrogation techniques. And that is that if you were ordered by the president to restart the CIA's use of enhanced interrogation techniques that fall outside of the Army Field Manual, would you comply?
POMPEO:
Senator, absolutely not. Moreover, I can't imagine that I would be asked that by the president-elect or then president.
But it's very clear. I -- I voted for the change that put the Army Field Manual in place as a member of Congress. I understand that law very, very quickly and am also deeply aware that any changes to that will come through Congress and the president.
FEINSTEIN:
And regular order.
POMPEO:
And regular order, yes, ma'am. Absolutely.
With respect to the outlines of what's in the Army Field Manual, there's -- there's no doubt in my mind about the limitations it places not only on the DOD but on the Central Intelligence Agency, and I'll always comply with the law.
FEINSTEIN:
Another question: How will you handle the president- elect's reputation of the intelligence community's high assessments that Russian intelligence units, namely the GRU and the FSB, did, in fact, hack and spearphish into the campaigns and parties of both political parties this past campaign season?
POMPEO:
Senator, as with -- I think I answered Senator Warner the same way. My obligation as the director of the CIA is to tell every policymaker the facts as best the Intelligence Agency has developed them.
With respect to this report in particular, it's pretty clear about what took place here, about Russian involvement in efforts to hack information and to have an impact on American democracy. I -- I am very clear-eyed about what that intelligence report says, and I have every expectation as we continue to develop the facts I will relay those not only to the president but the team around him and to you all, so that we all can have a robust discussion about how to take on what is an enormous threat from cyber.
I think you all know that. You all have lived it.
This is -- this is very real. It is growing. It is not new in that sense. But this was an aggressive action taken by the senior leadership inside of Russia, and America has an obligation and the CIA has a part of that obligation to protect that information.
FEINSTEIN:
Thank you very much. Appreciate that.
POMPEO:
Thank you, Senator. And if I may say thank you, too, for coming back today. And I hope your recovery is very, very speedy.
FEINSTEIN:
Thank you. I appreciate that.
You and I discussed Director Brennan's beginning efforts on modernization of the CIA and trying to set up a different mechanism which would make it more effective. What can you tell us today about how you would proceed in that direction?
POMPEO:
Senator Feinstein, there was a major modernization program that, frankly, is still in the shakeout crews at the agency. It's -- it's been going on for a while, but still lots of things to work through.
My observations from my time as a member of Congress are that the goals were noble and they were trying to get to the right place, and that, in fact, many of the changes that were made may well end up making sense. But I think I have an obligation as I go in to evaluate that, share those evaluations with you.
I've heard from a number of you about your observations about its effectiveness. Some of you have a set of views that are opposed. You may not even know that about each other just yet.
But I'm going to go in; I'm going to take a look. My expectation is that, from my time as a small businessperson, when you make a change of this scope and scale that you don't get everything right in that, and my obligation is to try and make sure that we've got everything right, that there are clear lines of decision-making and authority and that the analytic product that is coming out is true and clear and real.
FEINSTEIN:
Just one last question. You mentioned the Iranian what we call the JPOA.
And I think whatever one thinks of the settlement in its entirety, under this Iran has shipped some 25,000 pounds of enriched uranium out of the country; it's dismantled and removed two-thirds of its centrifuges; it's removed the calandria from its heavy water reactor and filled it with concrete; and it's provided unprecedented access to its nuclear facilities and supply chain; Iran's estimated breakout time has moved from two to three months to a year or more.
In November on Fox News you said you can't think of a single good thing that's come from the Iran nuclear deal. Not one.
Now, thus far the CIA has provided oversight to this committee with very solid analysis of what the level of compliance is, and thus far it has been extraordinarily positive. I'd like you to comment on this because -- and particularly your comments -- because this -- this nuclear deal is, in effect, just that. It doesn't include other things that are bad things that Iran has done. It's just the nuclear agreement. And they have, in fact, conformed to it thus far.
So would you comment, please?
POMPEO:
Yes, Senator.
First, you have my commitment that we, if I am confirmed at the agency, will continue to evaluate their compliance with the agreement in the way that you have just described the agency has been doing to date. I concur with you that that work has been good and robust and that intelligence, I think, important to policymakers as they make decisions.
I think my comments were referring to the post-January 2016 rampage of Iranian increased activity, and that's -- I know you share my concern about that, as well. So when I was speaking to the -- the risk that Iran presents it was certainly from those activities, whether it's the fact that they've now had -- we now have had missiles that we've had to fire back at into Yemen, the Iranian-supported Houthis. The list is long. They're still holding Americans in Iran. Those were the concerns that I was addressing that day.
You have my commitment as the director of the CIA, if I am confirmed, that we will continue to provide you the intelligence to understand both what's taking place in the nuclear arena with respect to the JCPO and its compliance as well as to the set of activities that are outside of that.
FEINSTEIN:
Thank you very much. I appreciate that.
Thank you, Mr. Chairman.
BURR:
Senator Rubio?
RUBIO:
Thank you, Mr. Chairman.
Mr. Pompeo, thank you, first of all, for your service to our country repeatedly in the Army, in Congress, and now here in this new role. I know we're going to have a closed hearing later today so the questions I'm about to ask you I ask that you answer based on open- source information available to the general public and -- and also your understanding of the law of war, as a graduate of West Point and your service as an officer in the U.S. Army.
First of all, your understanding as a officer in the U.S. Army, is military targeting of civilians in -- a violation of the law of war?
POMPEO:
Oh, Senator, intentional targeting of civilians is absolutely a -- a violation of the law of war.
RUBIO:
Based on open source and information available to the general public, in the conflict in Aleppo, Syria, have Russian forces conducted repeated attacks against civilian targets?
POMPEO:
Sir, based on open-source reporting it appears that they have.
RUBIO:
Do you believe, based on your knowledge, again, acquired through open sources and -- and your just general knowledge of geopolitics, that Russian military forces could conduct a repeated attack against targets in Aleppo, Syria without the express direction of Vladimir Putin?
POMPEO:
It seems intensely unlikely to me, Senator.
RUBIO:
And again, all of the answers you just gave are based on open sources, unclassified?
POMPEO:
Yes, sir.
RUBIO:
OK.
The second question I have is -- and I think you've already said that you accept this as a fact -- that there is, indeed, an effort by Russian intelligence and others associated with the Russian government to sow a -- to conduct a campaign of active measures in the United States designed to sow doubt about the credibility of our elections and our democracy, to sow divisions and chaos in our politics, to undermine the credibility of political leaders and the like? You -- you agree that that assessment, that we are in the throes of a active measures campaign that probably predates this campaign but has certainly ratcheted up?
POMPEO:
Yes, Senator. It's -- it's a longstanding effort of the Russians. And frankly, there are others out there engaged in a similar set of activities. It is something America needs to take seriously and a threat that we are vulnerable to today.
RUBIO:
And -- and, in fact, it is the exact activity they've undertaken, for example, in Europe and in other countries, as well. We've seen this same sort of pattern in other places, correct?
POMPEO:
Yes, Senator. And I -- I'd -- I'll add to that we have elections -- important elections -- taking place in the year ahead in Europe and around the world, and we need to be deeply cognizant of all of the foreign actors with malign intent who are attempting to impact those elections, as well. And I think the CIA has a role in trying to understand that threat in a deep and fundamental way and sharing that with each and every member of the policymaking community.
RUBIO:
Now, again, not asking you to rely on any intelligence or classified information, just in your judgment, as you see the state of American politics in the political discourse; a president-elect who has questioned at times the judgments of our intelligence agencies; opponents to our president-elect who continuously question the legitimacy of his election; the shameful leak in the media regarding unsubstantiated, unsourced information designed to smear the president-elect; the fact that Russia and Vladimir Putin have become a dominant theme in political coverage in this country for the better part of three months, if not longer -- as you look at all of that, in your personal opinion does -- is Vladimir Putin and the Russians looking at all this and saying, "We've done a really good job of creating chaos, division, instability in the American political process"?
POMPEO:
Senator, you -- you put a lot into that, but let me try and unpack it just a touch.
I certainly want to make sure I talk only about my observations and judgments based on unclassified information...
RUBIO:
Yes, sir...
(CROSSTALK)
POMPEO:
... but I -- I -- I have no doubt that the discourse that's been taking place is something that Vladimir Putin would look at and say, "Wow. That was among the objectives that I had, to sow doubt among the American political community, to -- to suggest somehow that American democracy was not unique." I believe it is fundamentally unique and special around the world.
It -- it shouldn't surprise any of -- any of us at all that the leadership inside of Russia views this as something that might well redound to their benefit.
RUBIO:
And my last question involves an area that you may not get asked by anybody else on the committee. You might, but it regards the Western Hemisphere. And I just ask if you would pledge to work within the interagency to ensure the collection and coverage of the Western Hemisphere, and in particular nations like Cuba, Venezuela, Nicaragua, Ecuador, Bolivia, that we focus on threats that may emanate from those places.
POMPEO:
Yes.
RUBIO:
Thank you, Mr. Chairman.
BURR:
Senator Wyden?
WYDEN:
Thank you, Mr. Chairman.
And thank you, Congressman...
POMPEO:
Thanks, Mr. Wyden.
WYDEN:
... for coming out to -- to visit.
At a time when the president-elect is on record as supporting torture, blocking Americans' ability to protect themselves with strong encryption, and has encouraged the outsources of intelligence- gathering to the Russians, it's my view you're going to have an enormous challenge to be an advocate for honorable policies. It's already clear that several key members of the president-elect's national security team advocate illegal policies.
So this morning my view is we need to find out what you're for. And I'm just going to tick through some of the issues we talked about in the office.
Let's start with surveillance, if we could. You recently wrote a op-ed article saying that Congress ought to pass a new law reestablishing the collection of all metadata. Those are your words: all metadata. So you would basically get the Congress and the country back into the business of collecting millions and millions of phone records on law-abiding people.
You go on in this op-ed article to say that these phone records ought to be combined with publicly available financial and lifestyle information into a comprehensive, searchable database. So you would be in favor of a new law collecting all of this data about the personal lives of our people, and I think it would be helpful if you could start by saying are there any boundaries, in your view, to something this sweeping?
POMPEO:
Senator, you and I did have a chance to discuss this. There are, of course, boundaries to this.
First and foremost, they begin with legal boundaries that exist today. That piece that I was referring to was talking about U.S. -- the U.S. government's obligation to do all that it can in a lawful, constitutional manner to collect foreign intelligence important to keeping America safe...
WYDEN:
Congressman, that's not what you were talking about.
POMPEO:
Senator, I...
WYDEN:
You said collecting all metadata.
POMPEO:
Yes. Senator...
WYDEN:
All metadata.
POMPEO:
Let me, if I might, just continue.
Yes. I -- I still continue to stand behind the commitment to keep Americans safe by conducting lawful intelligence collection.
When I was referring to metadata there I was talking about the metadata program that the USA Freedom Act has now changed in fundamental ways. I, you should recall, voted for the USA Freedom Act, and I understand its restrictions -- its restrictions on efforts by all of the U.S. government to collect information.
WYDEN:
You -- you wrote this op-ed since the passage of the law, so after the law passed you said, "Let's get back into the business of collecting all of this metadata." And I'm curious what kind of information about finances and lifestyles would you not enter into your idea of this giant database?
POMPEO:
Well, sir, first of all, I have to begin by saying today that would be -- in -- in most instances what you referred to there would be unlawful under current law, and so as the director of the CIA you have my assurance we will not engage in unlawful activity.
But I think this committee, the American people demand that if there is publicly available information, someone has out there on a public available site, I think we have an obligation to use that information to keep Americans safe. If someone's out there on their Facebook page talking about an attack or plotting an attack against America, I think -- I think you would find the director of the CIA and the intelligence community grossly negligent if they didn't pursue that information.
WYDEN:
Congressman, I don't take a back seat to anybody in terms of protecting this country when our security is on the line. I wrote the section in the Freedom Act that gives the government emergency authority to move when it's critical to protect the country. That's not what we're talking about here.
You're talking about your interest in setting up a whole new metadata collection system, which is far more sweeping than anything the Congress has been looking at. And if you would, before we vote I would like you to furnish in writing what kind of limits you think there ought to be on something like this.
Let me see if I can get in one more question.
The president-elect had indicated on the Apple issue that, in effect, he thought that there shouldn't be strong encryption and that he basically would consider pushing for mandated back doors into encrypted products. And that's been the position of the FBI, some very influential members of Congress.
Now, you have not been a cheerleader, as far as I can tell, for weakening strong encryption, which is something I think that sounds constructive. If you're confirmed as CIA director are you willing to take the president, the FBI, and influential members of Congress on on this issue? Because I think it's clear weakening strong encryption will leave us less safe.
And I'd like to hear your views with respect to strong -- strong encryption, and would you be willing to take the president, the FBI, influential members of Congress on when they advocate it? Because they're going to.
POMPEO:
Senator, first of all, I did not mean at all to suggest you were second to anyone with respect to keeping America safe. If I implied that, I did not intend that.
You should know, I take a back seat to no one with respect to protecting Americans' privacy, either. I think that is incredibly, incredibly important.
With respect to encryption, it's a complicated issue. I -- I know enough about it to begin to form judgments, but I want to talk to you about the process, the framework I'll use.
It's -- and I think this applies across a broad range of issues we'll discuss today. When we're dealing about an issue like encryption that has commercial implications, national security implications, privacy implications, I will do my best to understand what it means to the Central Intelligence Agency and what it means to our capacity to keep America safe, and I will represent its interests as my part of a larger effort to make sure that we get that policy decision right.
And if, in fact, it is the conclusions of folks out at the agency and our team, and I concur in that assessment, I can assure you I will present that rigorously, whatever the views of the president are or any of the members of his team. I will -- I will -- I will do my best to get that right and represent -- do my role as the director of the CIA if I am confirmed.
WYDEN:
Thank you, Mr. Chairman.
BURR:
Senator Collins?
COLLINS:
Thank you, Mr. Chairman.
Mr. Pompeo, first let me say that I was very heartened by our meeting and our telephone call in which you showed that you fully understood the role that you have as CIA director to keep this committee well informed. I expressed to you my frustration of questioning members of the Intelligence Committee and then finding that there was more to the story and that there were omissions at times -- not deception, but omissions; and even more frustrating reading in the paper the next day leaks that have come from the administration -- not necessarily the CIA.
And I think that erodes the trust that is essential for us to perform our oversight function, which is absolutely critical since you don't have the regular oversight mechanisms. And just for the record, if you could reassure me again on your willingness to be very forthright with this committee, I'd appreciate it.
POMPEO:
Yes, ma'am. I can assure you that I -- we talked about the fact that I have lived that life a bit, as well. And I -- I understand it's not only in -- the -- the interest is so broad, right? This is what we -- you spoke to. You mentioned it here.
This is a unique space where we operate in places where the American public doesn't always get a chance to see everything. And so the willingness to make sure that we share this information to policymakers, who we trust will keep this information safe and secure and handle this information appropriately, is absolutely critical. You have my assurance I'll do everything to make sure that this committee has a relationship with the agency that is forthright each and every day.
COLLINS:
Thank you.
I want to turn to the issue of cyber threats and cybersecurity, which has been an obsession of mine for many years, since Joe Lieberman and I tried to bring a cybersecurity bill to the floor in 2012 only to have it filibustered.
I believe that the recent focus on the cyber intrusions in the campaigns has greatly increased the public's awareness of this problem. But the fact is that the cyber intrusions go far beyond the political space, troubling, though -- and appalling -- though that is.
There was a 2015 memo by the chairman of the Joint Chiefs of Staff and the secretary of defense that said that the Department of Defense is subjected -- this was a public menu -- memo -- is subjected to 100,000 attempted cyber attacks each day.
Now, those are attempts; not all of them go through. They're from our -- they're from nation states; they're from terrorist groups; they're from hackers; they're from international criminal gangs. You name it. That's 3 million per -- per month.
How would you assess our preparedness in the cyber domain?
POMPEO:
Senator, we've got lots of work to do, may be the best way to summarize that. Not only the government that is protecting our systems -- and we have talked a lot the last few days about the systems that belong to private entities -- political private entities -- but I know you've done a great deal of work in making sure that the national infrastructure, including its private sector infrastructure, has the capacity to do what it needs to keep not only business issues in the place that they need to be. Lot of these folks are subcontractors for the United States government as well, right, private companies that have important information about American national security activities.
And so we have an awful lot of work to do. There is no reason to expect that this threat is going to diminish, and that will take a whole-of-government effort to do that, shared by the executive branch and the legislative branch to achieve better cybersecurity for the national infrastructure, as well.
COLLINS:
Let me very quickly express two concerns about Iran.
One, there are increasing reports that Iran is using its civilian air fleet for illicit purposes, including the transfer of arms to terrorist groups. If confirmed, would you make a priority to provide an assessment to Congress of whether or not Iran is using its civilian air fleet for such purposes?
POMPEO:
Senator, I will. I'm happy to share with you, too -- I've read about this, as well -- I'm happy to share with you in closed session the knowledge that I have. It concerns me greatly the activities of -- of Iran Air and Mahan Air that are taking place today in Iran.
COLLINS:
And finally, do you believe that the monitoring and verification regime in our agreement with Iran, the JCPOA, as currently constructed, is adequate to ensure that Iran is fully complying with the agreement? Do you think that the IAEA has sufficient access and to detect any Iranian cheating?
POMPEO:
Senator, the Iranians are professionals at cheating, and so while I think we have a very sound inspection regime, I have to tell you I worry about the fact of "the thing that we do not know, we do not know." And so you have my commitment that I will continue to improve and enhance our capacity to understand that and do everything I can to diminish the risk that, in fact, we are missing something.
COLLINS:
Thank you.
BURR:
Senator Heinrich?
HEINRICH:
Thank you, Chairman.
And thank you, Congressman Pompeo, for taking the time to sit down with me earlier this week and for your willingness to answer the -- the prehearing questions that a number of us submitted to you.
I hope your responsiveness to committee inquiries continues unabated should you be confirmed. That was certainly the -- the tone that you set with me in the office, and I appreciate that.
As I told you in our conversation, I've had serious concerns over the last few years that that has not always been the lay of the land between the director and this committee. And I understand that the DCIA has a mandate to be fully supportive of the men and women who work there. That is critical.
However, I also hope that when -- if you are lucky enough to fill that very important position, that we will have a -- a new approach of being open in hearings and with regard to congressional oversight.
I want to start on an issue that was central in some of the prehearing questions and in our conversation. You indicated that you would seek the counsel of experts at the CIA to determine whether adhering to the Army Field Manual and conducting interrogations was an impediment to gathering vital intelligence.
You've been supported of the use of enhanced interrogation techniques in the past, saying back in September of 2014 that President Obama has continually refused to take the war on radical Islamic terrorism seriously and cited ending our interrogation program in 2009 as an example.
Can you commit to this committee that under current law, which limits interrogation to the Army Field Manual, that you will comply with that law and that the CIA is out of the enhanced interrogation business?
POMPEO:
Yes. You have my full commitment to that, Senator Heinrich.
HEINRICH:
Thank you.
Let me jump to another issue. Senator Wyden had touched on this earlier, but I want to follow up a little bit.
As the -- the director and as somebody who sat on the -- the House Intelligence Committee over the last couple of years you're very familiar with the -- the changes in law that have been made under current law, the USA Freedom Act that was passed recently. What changes to that law would you encourage the administration to seek, if -- if any?
POMPEO:
Senator, I -- I currently have no intention of seeking such changes. But as I think we discussed when we met, I will, I am certain, if I am confirmed, learn a great deal about the program, and develop a deeper understanding and hear lots of views inside the agency, and I will -- I'll -- I'll look to experts there and experts outside.
And if, in fact, I conclude that there need to be changes to the USA Freedom Act that protect America I will bring them to you and have the full expectation that you will all consider them fairly, as well.
HEINRICH:
I know we were recently briefed on the -- the -- basically the status of being able to collect important information under that law. I would assume that there was probably a similar briefing on the House side.
Were you a part of that, and do you feel like, at least with what you know today, that the surveillance that needs to be done is happening under that structure while protecting innocent Americans form unnecessary intrusion?
POMPEO:
Senator, I've -- I've not had a chance to have a complete briefing on that, but I can say that I have not heard anything that suggests that there is a need for change today.
HEINRICH:
Jumping, once again, over to the JCPOA, I know the -- the day before you were nominated to be the director you said that you look forward to, quote, "rolling back the -- the Iran deal." How would you characterize your position on that today, and would you stand by that statement?
POMPEO:
Senator, just so the record can reflect that that communications was approved before I was aware that I was going to be the nominee to the Central Intelligence Agency.
Having said that, look, my -- I -- I spoke to this a great deal. It was -- it was my view that the JCPOA was a mistake for American national security. I -- I believed that.
But it's also the case that after than I came to the understanding that that was the arrangement this president thought was in the best interest of America and I worked to make sure that it was fully implemented.
And now, if I am confirmed I'll -- I'll continue to do that in my role as the director of the CIA. I will -- I will endeavor to provide straight information to you all about the progress that the JCPOA has made towards reducing the threat from Iranian nuclear activity and share with you when that's not happening, as well.
HEINRICH:
Thank you, Congressman.
BURR:
Senator Blunt?
BLUNT:
Thank you, Chairman.
So, Congressman, I know we were all pleased we had a chance to visit with you privately. You quickly reached out to members of this committee and met with us, and we'll have a chance to visit later today in the classified setting.
I want to go back a little bit to your discussion with Senator Wyden. One of your last comments you made there was that you gave ground to no one in -- in respecting America's privacy. And if you want to give any examples of that in your House career, that would be fine.
But as I understand -- as I understood what I thought was that discussion about a -- a more expanded collection effort, it was collecting things that people had chose to no longer keep private, collecting things on social media that people had put out there. And I believe at some point you mentioned if somebody was talking about an activity that could be terrorist or other related, that the director of the CIA should have some interest in that.
And am I right in -- so you see a different privacy standard if someone is trying to maintain their privacy, as opposed to someone who is putting information out there that anyone can see?
POMPEO:
(OFF-MIKE)
(UNKNOWN)
Mike, hit your button.
POMPEO:
Yes, sir.
I may not have added there, look, the primary responsibility for that here in the United States is not the Central Intelligence Agency; it's -- it would be other agencies inside the federal government.
So in the first instance, the focus of the Central Intelligence Agency is foreign intelligence collection. Make -- make no mistake about that.
But yes, I was referring to things that were in the public space, that -- the U.S. government ought to make sure that we understood fully and that we didn't leave publicly available information off of things that we were using to prevent all kinds of bad and terrorist activity here in the United States. I -- as a member of Congress I voted repeatedly on pieces of legislation that were important for protection of American privacy.
It's something that if you come from south central Kansas people know. You know that, being form Missouri. People are deeply cognizant of the need for space for themselves to live away from the government, and it's something that I hold dear and treasure myself, as well.
BLUNT:
The -- on -- on the issue of encryption, I've, for some time on this committee, at -- at even public hearings, and specifically at public hearings, have had both the director of the FBI and NSA, I can recall on both of them saying encryption is the best thing out there and maybe in some cases the worst thing out there. But there -- there seems to be a real sense that encryption is more often a cyber protection than something that we should create a way around.
And -- and what's your view of -- of encryption in a ongoing way and what the government could or should do to -- to try to -- to permeate encryption that's already out there in -- in equipment?
POMPEO:
Senator, I always -- I always start on this topic reminded of my role as the director of the CIA. It's first to comply with the law, so as you all develop policies around encryption you have my assurance that I'll always direct the people that work for me to comply with the law with respect to private communications.
Second, I think we need to acknowledge that encryption is out there and that not all encryption takes place here in the United States, and so the rules that we put -- and policies we put in place here in America are things that the intelligence community is going to have to figure out a way to perform its function knowing that that encryption will continue to be out there.
And then finally, we spent a lot of time talking about how we handle encrypted devices for Americans and for encryption here in the United States. My effort will be to understand it more fully, to make sure that I understand its impact on my role to keep America safe, and to work alongside you to develop a set of policies that achieve that goal while still achieving all the other goals that we have here in America.
BLUNT:
And spending some time in House Intelligence, seeing the relationship between the DNI and the CIA, what do you think you can do to advance the ability of the DNI to do their originally stated job of coordinating information, being sure everybody has access to the information that's out there in -- in a better way than we have currently seen?
POMPEO:
So the statute's pretty clear about our respective roles and responsibilities. I have now had a chance to reread that a couple of times since my nomination.
I am excited about Senator Coats' nomination. If he's confirmed I look forward to working alongside of him.
I've also -- I've read the histories. I -- I know that there have been conflicts before between the director of national intelligence and the director of the Central Intelligence Agency. I -- in -- in my role as a small business owner I saw that, too. You'd have different people with different roles and you'd see conflict.
My effort was every day to work hard to make sure that we were additive, that we each found our own space, that we worked across those borders not only individually, but we directed that our organizations would accomplish that, as well. So it's not just the two senior officials, I think, that have had conflict before.
We need to make sure our organizations each understand that there is a place for the director of national intelligence to ensure that there is good communication among the dozen-plus intelligence agencies, and that that information is shared in a timely fashion. The -- the director of the CIA has his plate full performing his primary functions, as well.
BLUNT:
Thank you.
Thank you, Chairman.
BURR:
Senator King?
KING:
Thank you, Mr. Chairman.
Congressman Pompeo, welcome.
POMPEO:
Thank you, Senator King.
KING:
And I always -- as we discussed, I believe, an outside view in an agency that tends to be -- not tends to be but is -- secretive is an important point of view. So I -- I appreciate your willingness to serve.
The larger question: The great foreign policy mistakes of my lifetime -- Vietnam, the Bay of Pigs, and Iraq -- all were based in one way or another on bad intelligence or, more accurately, intelligence that was tailored to fit the demands of the policymakers. You can't read the history of those decisions without coming to that conclusion.
There is no more intimidating spot on the face of this Earth than the Oval Office. Will you commit to giving the commander in chief, the president, unpleasant news that may be inconsistent with his policy preferences based upon the best intelligence that the CIA can develop?
POMPEO:
Senator, you have my commitment. And while I today am going to avoid talking about conversations that the president and I had with as much energy and effort as I can, I can tell you that I have assured the president-elect that I'll do that, as well. I have shared with him that my role is central to him performing his function, and important and critical only when I perform my function in that way, when I take the great work that these men and women put their lives at risk to develop and I deliver that to every policymaker in a way that is straight up and forward.
And I commit to doing that with you and with the president-elect.
KING:
If he doesn't say at some point, "Mike, I'm disappointed in you. Is that the best you can do," you've failed.
The president-elect's national security adviser, General Flynn, has been quoted as saying the CIA has become a very political organization. In your written response to our questions you said there is a sense of a more politicized intelligence environment. That -- I'm -- that's sort of like, "People are saying there is a more politicized intelligence environment."
What do you mean by is there a sense of that? Do you agree with General Flynn or do you not?
POMPEO:
So I -- I've had a chance as a overseer to observe the Central Intelligence Agencies, and I, when I've had a chance to sit with them, have watched them fight through fire to get the -- the real facts. I have seen, however -- I've seen political actors from all stripes attempt to try and shape that. And I don't mean in hard ways. There's no demand...
KING:
But I'm not talking about outside political actors. I'm -- this -- this allegation is that the agency itself has become politicized. Do you believe that?
POMPEO:
I -- I have -- I have -- my experience is that I have not seen that.
KING:
I appreciate that.
There are unsubstantiated media reports that there were contacts between the Trump campaign and the Russians. If confirmed, will you commit to exploring those questions and if you find there is validity to those allegations refer the information that you discover to the FBI?
POMPEO:
I -- I -- I want to make clear that I -- I share your view that these are unsubstantiated allegations.
KING:
I emphasized that.
POMPEO:
I understand. I want to make sure that is...
KING:
These are very serious allegations.
POMPEO:
The -- look, there are a number of very serious things that have taken place. The -- the leaks that occurred, as well, I consider to be intensely serious, too, and I think Director -- Director Clapper's statement from last night or this morning about his concern about these leaks is worthy, as well.
But to your question more directly, I promise I will pursue the facts wherever they take us. The Central Intelligence Agency has that as one of its singular functions and you have my commitment that I'll do that with respect to this issue and each and every other issue, as well.
KING:
Thank you.
On July 24, 2016 you sent the following Twitter, quote, "Need further proof that the fix was in from President Obama on down? Busted: 19,252 e-mails from DNC leaked by WikiLeaks." Do you think WikiLeaks is a reliable source of information?
POMPEO:
I do not.
KING:
And the fact that you used the word "proof" -- "need proof" -- that would indicate that you did think it was a credible source of information.
POMPEO:
Senator King, I have never believed that WikiLeaks was a credible source of information?
KING:
Well, how do you explain your Twitter?
POMPEO:
I don't -- I'd have to go back...
KING:
Your tweet, sorry. I don't want to be accused of the wrong term...
POMPEO:
I appreciate that. I'd -- I'd have to go back and take a look at that, Senator. But I -- I can assure you, I -- I have some deep understanding of WikiLeaks and I have never viewed it as a credible source of information for the United States or for anyone else.
KING:
I appreciate that. Thank you. And I appreciate your candor here today and look forward to further discussions.
And I just hope that you will hold onto the commitment that you've made today because it's going to -- it's not going to be easy. But your primary role is to speak truth to the highest level of power in this country. I appreciate, again, your willingness to serve.
POMPEO:
Thank you very much, Senator King.
BURR:
With the indulgence of all members, I made a -- a promise to all members on the committee that were they in other confirmation hearings and they showed up I would show them preferential treatment on recognition. And if there is no objection, I would like to recognize Senator McCain for five minutes of questions.
MCCAIN:
I thank you, Mr. Chairman, and I apologize. I'm chairing the committee for hearing on General Mattis.
First of all, I'm here to support Congressman Pompeo's nomination despite the -- he has overcome a very poor education and he's been able to surmount that -- that handicap, which has been a burden for him throughout his career.
I just want to -- as you know, we conducted -- we passed legislation that only -- treatment of prisoners would only be in accordance with the Army Field Manual, and that law was passed -- vote was 93-to-7 in the United States Senate on that particular amendment. Will you -- will you continue to support that and enforce that law?
POMPEO:
Senator -- Senator McCain, I -- I voted for that and I will.
MCCAIN:
Thank you. And will you -- if you have any recommendations you have for changing the Army Field Manual or other roles governing interrogation you'll share those with Congress?
POMPEO:
Yes, sir.
MCCAIN:
And I don't want to take the time of the committee, but obviously the Russians have been hacking. There is no doubt about that, obviously. And whether they intended or what -- and what their intentions were, whether they actually succeeded or not, there is certainly no evidence.
What -- what do you think it's going to take to deter Vladimir Putin's continued interference not just in our elections but attempts to have access to our most sensitive and classified materials, secrets? There's a long, long list of offenses in cyber that Vladimir Putin and the Russians have -- have -- have basically compromised our national security. What do -- what do you think it takes to deter him?
POMPEO:
I -- I don't know that I can answer that question comprehensively today, but I can tell you it is going to require an incredibly robust American response -- a response that is a security- related response -- that is, we have to get better at defending against these; and then a response that holds actors accountable who commit these kind of actions against the United States of America. And the form, the nature, the depth, the severity of those responses will be decisions of policymakers that'll be beyond me, as the director of the Central Intelligence Agency.
But I do view my role there as central in providing you with a deep understanding of what's taken place, how that took place, and a set of options surrounding the kinds of things in the intelligence world, at least, one might take action on so that we could successfully push back against it.
MCCAIN:
Wouldn't the first step be to establish a policy and -- as to how we treat cyber attacks and, therefore, from which we could develop a strategy? And right now we have no policy.
POMPEO:
Senator, I -- I would agree with that. It is very -- very important that America, all of government, develop a policy with respect to this, and I, if confirmed, promise I will work alongside you to help in developing such a policy with good intelligence.
MCCAIN:
Right now we are treating these attacks on a case-by- case basis, which is not productive nor, I believe, enterprise that would lead to success. Is -- do you...
POMPEO:
I would -- I would agree with that, Senator.
MCCAIN:
Do we have the capabilities, in your view, to adequately respond to cyber attacks? I'm talking about the capabilities now, not the policy.
POMPEO:
Senator, I -- I want to be a little careful in open session talking about the full scope of American capabilities, but this is an amazing nation with incredibly smart people, and if given a policy directive to achieve the objective you're describing, I am confident that America can do that.
MCCAIN:
I thank the chairman and the indulgence of the committee.
And, Congressman, I'm sure you'll do a outstanding job. We look forward to working with you.
BURR:
Senator Lankford?
LANKFORD:
Thank you, Mr. Chairman.
Mike, it's great to see you. We -- you and I served together in the House. I saw up close and personal the tenacity of your work, how seriously you took the tasks there, that you engaged immediately in policy issues, and your passion was to be able to come and help. And that still remains today.
Your greatest asset is, no doubt, Susan and your tremendous relationship and your family, and I know that will be a great asset to the nation, as well. And so thank you for stepping up to do this.
Your whole life changed a month ago when you accepted the possibility of the nomination for this, and so thanks for stepping up and do it.
Let me ask about the role of the CIA and its face and the direction that it looks. Can you walk me through your philosophical perspective of it being a foreign face, and what is the role in the United States for the CIA?
POMPEO:
Senator, first of all, thanks for the kind words. I enjoyed working alongside you on important policy matters, as well. And right back at you, right, Cindy?
Look, the Central Intelligence Agency has a mission. It's to steal secrets and it's to be an espionage agency, getting ahold of information that bad actors around the world don't want us to know. These are foreign entities, foreign actors, foreign countries.
Whether they're -- whether it's Iran, or Russia, or whoever that actor may be, the Intelligence Agency's fundamental role is to make sure that we deliver that information to policymakers so that you all can make informed judgments about how to respond and to keep America safe. That's its function.
It has lots of pieces to it. There are people pieces. We have to make sure we have the finest talent from all across America so that it can deliver that product. We need to make sure we have policies and processes in place so that we can deliver that.
We need to make sure when asked to perform covert action activities that we do so in a professional way consistent with the law and vigorously execute the president's directives there.
This is a world-class foreign intelligence service that, if confirmed, I am humbled to have the opportunity to lead.
LANKFORD:
So let -- let me ask about gathering intelligence and getting it in a timely basis to the president and other decision- makers and policymakers. It has been one of the ongoing disputes is the speed of the turnaround, how fresh is that information, and at times for agencies to think and rethink and edit and re-edit information so that by the time you get it it's so sterile and so old that it's not as useful anymore.
So walk me through just the methods and -- and thoughts about trying to get fresh information to policymakers and the president.
POMPEO:
Senator, it's incredible, important that the information is timely. And I understand sometimes there is a -- a tradeoff between speed and depth and accuracy, right, and completeness, but that just means we have to be world-class.
Businesses do this every day. I tried to do it in the times that I ran my two small companies. We have to make sure that the CIA is world-class with respect to developing this information in a timely, speedy fashion, getting it to policymakers in a way that is both reliable and timely.
We -- we've all seen this. It's a complex world with difficult foreign intelligence collections and pockets, and we have to make sure that the agency is world-class with respect to delivering that to you.
LANKFORD:
So let me ask a strange question for you: You're going to often be in meetings with Dan Coats and yourself and the president. What's the difference in the information that you're bringing to the president, and how -- how can you and the director of national intelligence cooperate together in bringing information, and what's the differences in the roles there as the two of you sit and bring information to the president?
POMPEO:
Well, the DNI -- and Senator Coats, if confirmed in his role -- will have the important function of being the -- the president's senior intelligence policy adviser. I have the glory, if confirmed, to lead the world's premier intelligence collection organization. Certainly with respect to human intelligence we have a unique capacity that is unrivaled in the world, and I hope to be part of making it even better.
And so we'll bring a set of different perspectives. He will have spent more time evaluating the intelligence that comes from different parts of the intelligence community. Then I will have -- I will have been focused on the work that our agency does.
And I have great confidence that he and I will work together to deliver a comprehensive view of America's intelligence posture and the information that has been derived from that.
LANKFORD:
OK. Thank you...
POMPEO:
Thank you...
LANKFORD:
... very much, Mike, for your service, and, Susan, for yours, as well.
POMPEO:
Thank you, sir.
LANKFORD:
So, Mr. Chairman, I yield back.
BURR:
Senator Manchin?
MANCHIN:
Congressman -- thank you, Mr. Chairman.
Congressman, thank you for your service and...
POMPEO:
Thank you, Senator Manchin.
MANCHIN:
... and also congratulations on your nomination, and to your family, I'm sure, are extremely proud of you, and they should be.
With that being said, you know, we live in a troubled world today, as we all know, and -- and I think I just want to hear your thoughts on your experiences within the military and also your experience as a congressperson and the positions you've had in Congress on what do you consider the greatest threat the United States of America faces today and what person brings the greatest threat to our country or that wants to do us harm?
POMPEO:
That's always hard to rack and stack, especially in times of turmoil around the world that we find today. But let me -- let me give it a -- a throw.
So I -- I'd begin with the threat from terrorism as it extends into the homeland. If you asked what was the most immediate threat I think it's certainly that. That is, it presents the most immediate threat to -- personal risk to a person living in south central Kansas. And so we need to be...
MANCHIN:
A country associated with that?
POMPEO:
Oh, boy. There are too many to name, but let's -- let's start with the activity that's taking place today in Syria and Iraq and the threat that terrorists pose -- both -- both Sunni and Shia terrorists -- pose to the United States. So ISIS and Al Qaida would be the primary organizations today, but it extends far beyond that.
We've also seen challenges from radical Islamic terrorism in Southeast...
MANCHIN:
Do you believe terrorism is the highest threat that we face? I mean, I'm just saying in the position you have right now, the unclassified position you have right now and your experience.
POMPEO:
In the near-term threat to life and limb of Americans, yes. I'd put North Korea, China, and Russia right up there alongside them. Add Iran...
MANCHIN:
Which one has the weapons to do us harm?
POMPEO:
Oh, goodness. So the nuclear powers are the ones that have the biggest threat to do catastrophic harm to the United States.
MANCHIN:
And which person in the world do you -- do your -- in your estimation, has the desire to do us the most harm.
POMPEO:
Boy, to ask me for a singular individual is really a tough question, Senator Manchin. The -- the list is long.
MANCHIN:
There's a lot of them?
POMPEO:
Yes, sir.
MANCHIN:
OK.
West -- West Virginians are asking me continually, "Can we trust the intel community?" And they go back -- they keep referring back because through the political -- they listened to a lot of the political campaign rhetoric. You know, we had weapons of mass destruction; we declared war in Iraq, and we found out that maybe we could have taken a different course or altered that course.
So they have concerns about that, and I would just like to ask, do you have confidence in the intel community, the CIA in particular, where you're going into?
POMPEO:
I do. I do. Look, I -- I'd never stand here today to tell you that the agency has had perfection throughout history nor that it'll have perfection, if I'm confirmed, on my watch. But I have great confidence in the men and women that work out there.
They are -- you know them, right? They -- they are patriots; they're warriors; they're real people who have dedicated their life to keeping America safe. And I have the utmost confidence that -- that if I'm confirmed I will get an opportunity to lead a set of great Americans...
MANCHIN:
Right now...
POMPEO:
... that aren't politicized.
MANCHIN:
Right now I -- I think you'd have to agree that the morale is fairly low, and they're being hit by many different angles and different sides through the political process that we go through, which can be very -- very damaging, if you will.
What's your first point of order and what's your first steps that you intend to take if confirmed to life that morale up and let them know that we're all on the same side?
POMPEO:
Senator, I -- I -- I might just respectively descend from the predicate of your question a bit. I've had a chance over the last few weeks to spend a little bit of time with a handful of people out there. I haven't seen the low morale...
MANCHIN:
OK.
POMPEO:
... that you described.
Look, they -- they -- they're human beings. They're Americans, too, and they watch the political process.
But what I've seen from the spirited warriors out at the Central Intelligence Agency is a desire to sort of get out of the middle of this fight and continue to perform their function, right, to do their work in a way that they know how to do.
And they are -- I don't mean to denigrate the leadership at the Central Intelligence Agency at all today. Director Brennan has performed amazing service to America for an awfully long time. But many of them have served under multiple presidents, as well, and they know that times change and leaders change, and I think they are very much looking forward to the new administration, if confirmed, me as the director of the CIA to help them continue to perform their function in a way that...
(CROSSTALK)
MANCHIN:
Well, I -- I definitely wish you well on that and the optimistic out view you have. And my final question would be your thoughts on sanctions. What would be your thoughts on sanctions? Because we're looking at sanctions. Are we looking at it state by state, country by country, or should we have a blanket, basically, piece of legislation here that says that any country that has been state-sponsored cyber attacks on the United States of America, should we not have basically sanctions in place to address all of them the same, or should it be country by country, deciding on what sanctions that we think will be more detrimental?
But I'm just saying that if it's been the intel community confirms that it's state-sponsored sanctions, certainly we know exactly what they're going to be facing if we confirm that.
POMPEO:
Senator, you've actually given my first opportunity to step out of the political world today and tell you, look, that decision, that policy, I think, will be left to others. I do have a record. With respect (ph) to sanctions I have voted for legislation authorizing sanctions on a number of countries during my time as a member of the United States House of...
MANCHIN:
Were they evaluated country by country or do you...
POMPEO:
My recollection is, Senator, they were nation-by-nation sanctions that we were evaluating.
MANCHIN:
So basically whatever relationship we have with that nation, it could be a little bit easier on one, tougher on the other. Don't -- don't you think us as policymakers should have sanctions that say, "Listen, if you do this to us and it's -- and it's confirmed and it's state-sponsored by you, whether it be financially, whether it be economically, whatever it might be, these sanctions will go into effect immediately"?
POMPEO:
Senator, I'm -- I'm going to defer on the policy question today. I'll make sure you have all the information you need to form good judgments about that.
MANCHIN:
Thank you very much, and congratulations.
POMPEO:
Thank -- thank you, Senator Manchin. Thank you, sir.
BURR:
Senator Cotton?
COTTON:
Mike, welcome before the committee, and congratulations on your nomination to be the director of Central Intelligence.
Susan and Nick, it's good to see you again. I know that you're very proud of Mike, as we all are.
This has been a very thorough hearing. We've spent Lord knows how many hours at the agency and traveling around the world, so I think I have a pretty good sense of your views on these questions. Therefore, I'll reserve the rest of my question until a closed hearing, when we can have a little more frank discussion.
Since Senator McCain scurrilously attacked your education I'll stand up for our Army background.
I will say I'm troubled somewhat by the material I found in -- in your biography that you came in first in your class at West Point and therefore had your choice of branches and chose armor instead of infantry.
(LAUGHTER)
I will consider this a youthful indiscretion that does not reflect on your current service, and I will see you this afternoon.
POMPEO:
Thank you, Senator Cotton.
BURR:
I am glad to see, Mike, that you haven't forgotten where the razor is, like some Army veterans.
(LAUGHTER)
COTTON:
I'm preparing to deploy covertly.
BURR:
Senator Harris?
HARRIS:
Representative Pompeo, I was glad to meet with you earlier this week, and congratulations on your nomination.
For clarification, have you read in its entirety the I.C. report assessing Russian activities and intentions in recent U.S. elections?
POMPEO:
I have.
HARRIS:
And do you fully accept its findings? Yes or no?
POMPEO:
I've seen nothing to cast any doubt on the findings in the report.
HARRIS:
OK.
And your voting record and stated position on gay marriage and the importance of having a, quote-unquote, "traditional family structure" for raising children is pretty clear. I disagree with your position, but of course you're entitled to your opinion.
I don't want to -- that, however, to impact your opinion on that matter, the recruitment or retention of patriotic LGBT women and men in the CIA, some of whom have, of course, taken great risks to their lives for our country. Can you commit to me that your personal views on this issue will remain your personal views and will not impact internal policies that you put in place at the CIA?
POMPEO:
Senator Harris, you -- you have my full commitment to that. I would only add that in my life as a private businessman this same set of issues was out there. I had my views at that time, as well, and I treated each and every member of the workforce that I was responsible for at those times with the dignity and respect and demanded of them the same things that I demanded of every other person that was working as part of my team.
HARRIS:
And do I have your assurance that this equal treatment will include policies related to childcare services, family benefits, and accompanied post for dependents?
POMPEO:
Without knowing the full set of policies and benefits at the Central Intelligence Agency -- I haven't had the chance to find -- find that out just yet -- you have my assurance that every employee will be treated in a way that is appropriate and equal.
HARRIS:
And that you will not put in place any policies that would discriminate against any members because of their sexual orientation.
POMPEO:
Ma'am, I -- I can't imagine putting in place any policy that was discriminatory with respect to any employee.
HARRIS:
Thank you.
And I'm also concerned about rhetoric related to Muslims from high-profile members of the incoming administration -- in particular, Lieutenant General Michael Flynn, with whom I imagine you'll be working closely. I don't want that to impact recruitment or retention of the patriotic and critically important Muslim men and women of the CIA, some, of course, who have taken great risks to serve our country.
Can you commit to me that you will be a tireless advocate for all members of the CIA, all of the workforce?
POMPEO:
Yes, ma'am.
HARRIS:
CIA Director Brennan, who's spent a 25-year career at the CIA as an analyst, a senior manager, and station chief in the field, has said that when, quote, "CIA analysts look for deeper causes of rising instability in the world, one of the causes those CIA analysts see as the -- is the impact of climate change." Do you have any reason to doubt the assessment of these CIA analysts?
POMPEO:
Senator Harris, I haven't had a chance to -- to read those materials with respect to climate change.
I do know the agency's role there. Its role is to collect foreign intelligence, to understand threats to the world -- that would certainly include threats from poor governance, regional instability, threats from all sources -- and deliver that information to policymakers. And to the extent that changes in climatic activity are part of that foreign intelligence collection task, we will deliver that information to you all and to the president.
HARRIS:
In the past you have questioned the scientific consensus on climate change. Nevertheless, according to NASA, multiple studies published in peer-reviewed scientific journals show that 97 percent or more of actively published climate scientists agree that climate warning trends over the past century are extremely likely due to human activities. In addition, most of the leading scientific organizations worldwide have issued public statements endorsing this position.
Do you have any reason to doubt NASA's findings?
POMPEO:
Senator, I've actually spoken to this in my political life some. My commentary most all has been directed to ensuring that the policies that America put in place actually achieve the objective of ensuring that we didn't have catastrophic harm that resulted from changing climate. I continue to hold that view.
I, frankly, as the director of CIA, would prefer today not to get into the details of climate debate and science and just -- it seems my -- my role is going to be so different and unique from that. It -- it is going to be to work alongside warriors keeping Americans safe, and so I -- I stand by the things that I've said previously with respect to that issue.
HARRIS:
So I'm not clear. Do you believe that NASA's findings are debatable?
POMPEO:
Senator, I -- I have to tell you, I haven't spent enough time to tell you that I've looked at NASA's findings in particular. I just -- I can't give you any judgment about that today.
HARRIS:
Can you guarantee me that you will and we'll have a follow-up conversation on this?
POMPEO:
I'm happy to continue to talk about it, yes, ma'am, of course.
HARRIS:
Thank you.
BURR:
Senator Cornyn?
CORNYN:
Congratulations, Congressman Pompeo, on your -- on your nomination...
POMPEO:
Thank you, Senator.
CORNYN:
... and your family. I know they're very proud of you and I have every confidence that you will do an outstanding job as the next director of the CIA.
I want to ask you about the comments that were made by the FBI director back in May 2016 when he identified what he called the Ferguson effect on law enforcement. And hang in there with me. Let me -- let me make the application to this -- to this context.
Basically the -- the argument was that law enforcement was -- restricts being self-restrained in terms of its policing activities, thus exposing law enforcement to assaults, and many of which were deadly assaults. And the public safety was not being enhanced because they were not using the full array of their authorities for fear of -- of what might happen, in terms of public opinion or political retribution.
I have read your predecessor's, General Michael Hayden's, book "Playing to the Edge," and it strikes me that he states the -- the proposition well in terms of my view about what our intelligence authorities ought to do in collecting intelligence and protecting the safety and security of the United States.
I don't want our intelligence officers and authorities to restrain their activities for fear of political retribution or for fear of -- that they will be criticized for using the lawful authorities granted by the United States government to the edge. Not going over the edge, but I want to make sure that they take full -- they take full use of those lawful authorities.
I know that one of the conundrums that we have in a democracy is that when we start talking about what those authorities are and what they should be there is a natural reticence to do so because, of course, in Russia and China and North Korea and Iran they don't have those problems. In dictatorships and autocracies they just do what they want to do without regard to any oversight, any laws, any constitution that necessarily and importantly limits what we can do in a democracy.
But I think there is a danger when we start talking about the role of our intelligence agencies, that either wittingly or unwittingly sometimes misinformation or disinformation about the nature of the activity and nature of the authorities enters into the debate in a way that eventually damages or limits our ability to play to the edge of our lawful authorities in the interest of our security and safety.
I just want to get an idea from you about what you think the director's role is in terms of engaging in the debate when it comes to what authorities that -- that the -- the -- either the -- your agency or the FBI or other members of the intelligence community need.
There was a question about metadata, which, of course, metadata is not content. It's -- the United States Supreme Court has said that there's no reasonable expectation of privacies where the 4th Amendment isn't implicated. This is information that's routinely collected by other law -- by law enforcement agencies.
But my concern is -- and maybe I'm not being as direct and clear as I should -- I just want to know what you think your role will be in terms of standing up and defending the lawful authorities of the -- of the intelligence community in order to play to the edge of that legal authority in -- in the interest of the safety and security of the American people.
POMPEO:
Senator, thank you for that question. It's a great and incredibly important question.
I -- I -- I share your concerns that we -- we run the risk of not using the authorities in a way that is important and keeping America safe if -- if folks are afraid that there'll be political retribution.
One of my tasks in that vein will be to make sure that we're doing it right, that we are doing it in a legal and constitutional way. And then when we are, to defend the people who were doing that vigorously and with all my might, and to have their backs at every single moment. You have my word that I will do that.
There's -- there's a second piece to this, as well, I think, that's important, and you -- you hit upon it, which is I think we have an obligation as leaders to share with the American people all that we can about what's going on and what's not going on and to do so in a truthful and complete manner. It's part of why I think the oversight function is so important.
To the extent we're surprising people, whether we're surprising members of Congress or we're surprising the public, we run the risk of losing those very important authorities. And so I think each of us has a responsibility, and if confirmed as the director of the CIA I will see it as my responsibility to do everything I can to make sure that we're talking about the critical nature of these authorities and how they keep Americans safe and the -- the goals that they have accomplished in this good work in a way that permits the intelligence community to lawfully and constitutionally do all of its responsibilities.
CORNYN:
Mr. Chairman, can I follow up just briefly with one last question?
BURR:
Senator can.
CORNYN:
And of course none of those authorities are going to be decided, in all likelihood, by the Supreme Court of the United States. In other words, the Office of Legal Counsel, the -- the appropriate authorities at the Department of Justice are going to give guidance to the CIA and our intelligence community on what those -- where that line is so you can, consistent with your commitment, make sure that you apply the law that Congress has -- has -- has passed and is signed by the president.
But ultimately no one's ever going to give you 100 percent assurance that you're playing consistent with those laws, as interpreted by the Department of Justice and the Office of Legal Counsel, won't be criticized in a political format later on in such a way as to cause retaliation, perhaps, or some concern that intelligence officers are going to jeopardize their career and their family's livelihood by playing consistent with the best and highest legal guidance that they're given.
How do you view that role? And maybe that's just inherent in the nature of our system, but it always strikes me as a tremendous disservice to our men and women in the intelligence field for politics to intervene and come back and undermine the lawful authorities and direction that our intelligence community is given when they're conducting their activities.
POMPEO:
Senator, it's a real risk. It's an important part of my role to make sure that we have clarity, that those lines that you talk about are clear and bright, and so that this risk that you refer to -- I've -- I've -- I've heard others talk about it as second-guessing -- is minimized, happens as rarely as possible, and that there aren't surprises to people as they go through.
That -- that's incredibly important, and the director of the CIA has an important role there both making sure that we're behaving lawfully and, when we do, defending the men and women who we ask to do really hard things inside of those laws.
CORNYN:
Thank you.
Thank you, Mr. Chairman.
BURR:
The chair will recognize Senator Warner for a brief statement and then Senator Wyden for one question.
WARNER:
I just understanding what my friend, the senator from Texas, has been saying, but I -- I want to -- some (ph) of the comments I just wanted to respond, put on the record.
One of the things that's impressed me with you, Congressman, in our meetings is your thoughtfulness, and I think you're a student of history, as well. And we've talked about that.
And I think part of the responsibility of the agency that you may head is unique in that it -- it is tasked with taking on covert activities and relies in many ways upon the oversight of this committee and -- and, frankly, the trust of the American public to not go over the edge. And I think there have been times -- and we could debate those times -- where clearly in the history of the agency there have been examples where, whether it was through political pressure or otherwise, the agency went over the edge and unfortunately that, in the end, did not make America safer.
I'd also say that in many of these areas, whether it's the changes of technology -- and I know there's a robust debate around encryption and privacy in the digital age -- that edge is not defined yet, both in a legal standpoint, and in many times Congress has not done its job in terms of giving those -- those policy guidances.
So I want you and hope that you will carry out your duties and keep America safe, but I think we get into a treacherous area when we're trying to push over an edge where those -- those edges are not defined or Congress has not done its job.
Thank you, Mr. Chairman.
WYDEN:
Mr. Chairman, thank you.
Congressman, during the campaign the president-elect essentially laid out something that looks to me like outsourcing surveillance. He said about Russian hacking, "I'd love to have that power." He encouraged the Russians to hack Secretary Clinton's e-mails and suggested they be provided to the press.
But we're now in a different period. He's the president-elect.
And it's one thing to talk, as we did earlier, with respect to your idea for collecting metadata in the future -- all metadata, in your words -- but I want to ask you about outsourced surveillance.
If a foreign government, an organization, a company, or an individual provided the agency with the communications of Americans on whom there were no warrants, what would your response be?
POMPEO:
Senator, that's a complex question that you've asked. I understand that there are policies in place, I believe at the agency, may even be at the Department of Justice, with respect to this very issue.
If I can step back and tell you that, look, it is not lawful to outsource that which we cannot do under -- that -- that the agency cannot do under its laws. That is...
(CROSSTALK)
WYDEN:
That -- that -- that's not the question. You can't request the information from a foreign government. We understand that.
But the question is, what happens if it's provided to you, especially since it's being encouraged?
POMPEO:
Senator, my understanding is that the same set of rules that surround the information if it were collected by the U.S. government apply to information that becomes available as -- as a result of collection from non-U.S. sources, as well.
WYDEN:
Mr. Chairman, your courtesy has been appreciated.
I would only ask, in writing I'd like your response on that. Obviously part of this involves minimization; there are other issues, 12333 (ph). I'd like that in writing, and I'd also like in writing before we vote what limits you would have on your metadata proposal, particularly since you're advocating that it apply to personal lifestyle information and the like.
Thank you, Mr. Chairman.
BURR:
It was the hope of the chair that we would allow the congressman an hour in between this and the closed session. We are down to 30 minutes.
I'm going to recognize Senator Harris for a very brief question, if I may, and then I would ask if there are any additional follow-ups they be moved to the closed session.
HARRIS:
Sure.
Mr. Pompeo, on the issue of climate change I understand you're not a scientist. What I'd like to know and what I want to hear from you is I want a CIA director who is willing to accept the overwhelming weight of evidence when presented, even if it turns out to be politically inconvenient or require you to change a previously help position.
And so I -- what I want to hear from you is a guarantee that when presented with that evidence you are willing to then take a position that defers to the weight of that evidence even if it requires you to change a previously held position that may have been politically helpful to you or a position that you have taken during your tenure in elected office.
POMPEO:
Senator, you have my commitment to that. I am an engineer by training. Facts and data matter, and you have my assurance that in, if I'm confirmed, my role as the CIA director I will -- I will look at the evidence and give a straight-up answer to you and to all the policymakers to whom I have a responsibility.
HARRIS:
Thank you.
BURR:
Congressman Pompeo, this brings to a close the open session of this hearing. Let me add to what Senator Cornyn and Senator Warner spoke on, and that is that it's important that we realize that every president has the authority to -- to provide direction or directives, and that's certainly been the case for every president that I've been involved with in the intelligence community. And that directive expands or contracts, in some cases, the ability of the agency. And all members of this committee should realize that.
I want to apologize for not giving you the hour, and I apologize for the power interruption. But I want to thank you for your service to Kansas. I want to thank you for your service to the Congress. I want to thank you for your service to the country.
As a board member of West Point, as you have served like I have in the past, I want to thank you for how you've used your military education and, more importantly, how that's highlighted the greatness of the institution and the role it plays in developing future leaders of the country which -- of which you exemplify that. For that we are grateful.
This hearing is adjourned.
POMPEO:
Thank you, Senator Burr.
Thank you, Senator Warner.
List of Panel Members and Witnesses
PANEL MEMBERS:
SEN. RICHARD M. BURR, R-N.C. CHAIRMAN
SEN. JIM RISCH, R-IDAHO
SEN. MARCO RUBIO, R-FLA.
SEN. SUSAN COLLINS, R-MAINE
SEN. ROY BLUNT, R-MO.
SEN. TOM COTTON, R-ARK.
SEN. JAMES LANKFORD, R-OKLA.
SEN. JOHN CORNYN, R-TEXAS
SEN. MITCH MCCONNELL, R-KY. EX OFFICIO
SEN. JOHN MCCAIN, R-ARIZ. EX OFFICIO
SEN. DIANNE FEINSTEIN, D-CALIF. VICE CHAIRMAN
SEN. RON WYDEN, D-ORE.
SEN. MARK WARNER, D-VA.
SEN. MARTIN HEINRICH, D-N.M.
SEN. MAZIE K. HIRONO, D-HAWAII
SEN. JOE MANCHIN III, D-W.VA.
SEN. KAMALA HARRIS, D-CALIF.
SEN. CHARLES E. SCHUMER, D-NEV. EX OFFICIO
SEN. JACK REED, D-R.I. EX OFFICIO
SEN. ANGUS KING, I-MAINE
WITNESSES:
SEN. PAT ROBERTS, R-KAN.
FORMER SEN. BOB DOLE, R-KAN.
REP. MIKE POMPEO, R-KAN., NOMINATED TO BE CIA DIRECTOR