to adjudicate that, wasn't that so? >> i believe that was the position we took. left last

so the strange thing is when you talk about legal opinion and i appreciate the former solicitor general and how well he's held in regard, but what you are saying is you pick an opinion and the opinion could be wrong, but your opinion is you don't ball under us. in fact, our oversight is irrelevant, that you don't have to answer questions. you don't have to produce documents that you can withhold care that has been a consist pattern in this administration. yesterday the president of the united states asserted it for a new bright, inherent right not to deliver a political appointee who serves that interfaces with the dnc and the dccc on the democratic national committee and the democratic congresscongress ional committee works directly with those had to plan the president's targeting of races to support democrats for their reelection on a partisan basis and we are not even not hear from the person

because there is an inherent right not to produce out. so when you say here that you stand in the attorney general's letter is well thought out, that you don't need a special prosecutor, do you know how absurd it sounds to the american people, absurd it sounds to the american people that you don't need a special prosecutor because all you political point he overseen the people who elected level may be career people who could move up ,-com,-com ma the political people are including cnet, that there's knowing limits? i just find it amazing and i know that mr. horsford is flat. and i'm sorry he's like because he will once again get an opportunity to take the party line. you are not producing a contempt of congress because you've got this new opinion that shall shouldn't present to the court, or in this case to the grand jury.

but you haven't given it to us and today is the first time we hear about it. so i joined that the chairman and reiterating that we need a special prosecutor because you are political appointee, your boss is a political appointee held in contempt by congress. people that work for you work for you at your pleasure and you are controlling an investigation that is overreaching a decision by the fact lois lerner has been found to have violated laws as she targeted conservatives for their views. this committee has produced a massive document showing lois lerner targeted down and get you sit here today and find that you are relying on some well known, worked their vivid individuals decision is that we are supposed to believe that. i have got to tell you when the gentleman from nevada talks a contempt, yes, we have contempt for the men you work for because in fact congress has a matter of

record held them in contempt for failure to deliver documents. your office has implied that a federal judge had no right to even consider a case that was directly on point, a nixon era point of lying to congress and refusing to deliver documents related to those false statements. i am ashamed that you say here day after day implying that there is a reason for a special prosecutor. for what reason you want an independent prosecutor is not to be independent of somebody download, but to be independent of view. mr. chairman, i thank you for your indulgence and i yield back. >> i thank the gentleman. let me do this. one other line of questioning here, mr. cole. and they've been cole. i'm a thinner while them are almost done because they both on the order. august i seven, 2010, then chairman obstacles be revealed

information about coke industries in order to an eye that they somehow didn't pay the full amount of taxes. how posting this information whether he interviewed the tax information remained unknown. my question to you is this. if a white house employee with a 61 a three authority piece 61 a three protected information and made that public, which he or she -- what he or she learned, would that be a crime? >> you know, i have to have all the facts and circumstances. what definitely happens when they're 613 03 information is take the ig department for the irs investigates the matter, determines whether or not they believe there is any criminal violation of 61 a three and if they believe there has been won, they presented to the justice department.

>> have you guys investigated this matter? have you or are you going to investigate this matter? >> it depends on whether tigta. it is that to tigta to decide if >> one more and i will let the ranking member have some time before we conclude. just to reiterate this because it is so frustrating to me into so many of the good votes they get the privilege of representing in the fourth district of ohio. when in fact you have the fact pattern we do, the fbi leaks into "the wall street journal" and i was going to prosecute. the president of the comment and the fact that barbara boxer is the lead investigator part of the team is maxing out the campaign. that interaction with lois lerner and 2013 but the database to donors see for information. you had it for four years and said the information was

confidential. all of that fat, all of that christ for a special prosecutor. i would think he would want it so you could say we are going to be -- it would be a welcome thing to do to find something that republicans, democrats, everyone can agree on. fine. but that investigation. that be sent to anyone. if that doesn't warrant a special prosecutor, i don't know what does. when i look at the elements contained in statue, and if that doesn't need it, i don't know if you ever create. with that, i thank you for being here today, mr. cole and i will yield to the ranking member. >> thank you, mr. chairman. just a few points i want to cover at the end of this theory. number one, i want to note that

the chairman of the full committee was highly critical of our fellow member, mr. horsford, noting that mr. horsford had left the room. the fact is the matter we have been called to vote and we have less than seven minutes on the clock to go vote. that is why mr. horsford was not hear him was not here to defend himself against the charges made by the chairman of the full committee. secondly, before i let you go, mr. cole, i speak on behalf of the full committee and we all really want to know what happened to the missing e-mails. all of us. we are all somewhat skeptical that they can't be recovered. all of us. we urge you to do your is to nurture colleagues to find those missing e-mails. because when the e-mail is sent

to and it makes people suspicious inmates to unfounded charges are reckless allegations and this is an arena where reckless allegations find a home and so i think it would make a lot of sense to redouble your efforts to find those e-mails. i also want to mention a lot has been made in the hearing today about improper influence on the irs having to do with citizens united and the way that the irs folks were targeting certain 501(c)(4) groups. i want to mention here that the inspector general's court, mr. george found that lois lerner, former director of exempt organizations did not discover the use of inappropriate criteria that we are all talking about an silly year later june 2011 after which

she immediately ordered the case to stop. >> while the gentleman yield for one point of clarification? we are going back to this tigta report that says she didn't though until june of 2011 when the majority of the tigta report were based on e-mails. to teach that conclusion is hard. i yield back. >> that's a fair point. i want to go on. i also want to point out that the inspector general's report found that employee subsequently became using different inappropriate criteria without management knowledge. in fact the general's report stated, and i quote, the criteria were not influenced by any individual or organization

not hide the irs. in other words, russell george, inspect your general whose reporter brought here before this committee started the firestorm that has been raging for more than a year and a half. his report said flat out that these irs people were not influenced by any organization or individual out that the irs. i yield. >> one of the reasons is because we didn't have the e-mails from the justice department that lois lerner. we got those because they did a foia request. we would never have mr. pilger or mr. smith in for a deposition. he didn't have the information in his hand. >> let's let the witness answer a question here. mr. kohl, are you aware of any information to be a fact that

inspector general statement there is incorrect? >> now. the understanding of the interaction between the justice department and the irs on those two meetings was that the irs and the first and so there's really nothing we can do here and nothing came of it on the second meeting there's never any substance discussed. >> i thank you for that. i yield back. the point i make is that it's a timeframe for the e-mails are lost. i'm not even sure the irs would tell us the last e-mails but for the judicial foia requests, which uncovered the lois lerner e-mail. once they knew we got some thing for justice. let them know we lost all the e-mails that were not safety agency and mr. kohl has told us today that some of the documents they are withholding are more

vague respondents. he said he can't guarantee it is not. >> that's correct. i just can't answer your question. >> would be nice if you look to testify today. you could have answered that question. right? know what documents you would think he would know what documents you are withholding from the committee. >> were in the process of gathering and collect them in the process is not done yet. >> we accommodate your schedule. you know to ask about this stuff and you didn't even review didn't even reveal a quick >> i knew at the status was that the review. >> because you didn't review it, you cannot guarantee the documents you withhold our lois lerner e-mails. >> i can't tell you that they are either. >> i know you can tell us either way because he didn't look at them. >> that's correct. >> we've been investigating this for 14 months. he think he would review the documents you are not going to let us leave. i think my ranking member would

agree with that. you should have reviewed this stuff and you didn't do it. and that is the whole point. we would have not known lois los santos e-mails from us but for judicial foia request and richard pilger was talking with lois lerner and 2010. we would've never known that. and i tell us you're not even -- i want to thank the deputy attorney general for being here and the committee is adjourned. [inaudible conversations] sound not -- [inaudible conversations]

>> earlier today come the united nations council held an emergency meeting to discuss the malicious airliner shot down over ukraine. u.s. ambassador to the u.n., samantha power ,-com,-com ma took part in the meeting. here is the part of what she had to say. >> yesterday we were all shocked by the downing of galatian airline flights 17. all 290 people aboard, 283 passengers and 15 crew were killed. as we stared at the passenger list yesterday, we saw next to three of the passenger namesake i. as we now know, the letter i stand for it to. -- incident. to the families and transit debit comes, it is impossible to find words to express our lives. we can only commit to you that

we will not rest until we find out what happened. a full credible and unimpeded international investigation must begin immediately. the perpetrators must be brought to justice. they must not be sheltered by any member state of the united nations. let me share with you our assessment of the evidence so far. we assess malaysian airlines flight of the team carried these 219 a people from amsterdam to quell a lump or was likely downed by a service to air missile, and sa 11 operated from a separate location in eastern ukraine. the airliner was traveling at a cruise altitude of 33,000 feet and the need with typical for an airliner collided establish flight corridor frequented by commercial traffic. the fibers transmitting its assigned transponder code

corresponding with its flight plan and flight tracking data was publicly available on the internet. there was nothing threatening or provocative about mh 17. of the operational systems located near the border, only the sa 11, sa 20 and sa 22 systems are capable of hitting an aircraft at this flight altitude of 33,000 feet. we can rule a shorter range to be in a pretty tense including man had, sa eight and 13 systems which are not capable of hitting an aircraft at this altitude. early thursday, and sa 11 system was reported near sydney by a western reporter in separatist were spotted hours before the incident with an sa 11 system at a location close to the site where the plane came down.

separatists initially claimed responsibility for shooting down the military transport plane in posted videos that are now being connect it to the malaysian airlines crash. separatist leaders also boasted on social media about shooting down a plane, but later deleted these messages. because of the technical complexity of the sa 11, it's unlikely separatists could have effectively operated a system without assistance from knowledgeable personnel, thus we cannot rule out technical assistance from russian personnel and operating systems. ukrainians to have sa 11 systems in their inventory. however, we are not aware of any ukrainians have systems in the area to shoot down and more importantly, since the beginning of the crisis from ukrainian air defenses have not fired a single missile despite several alleged violations of their airspace by russian aircraft. this also follows a pattern of actions by russian tax

separatists. on june 13th, separatist aceh may ukrainian plane carrying paratroopers and nine crew. june 24th the council was meeting to welcome ukraine's unilateral cease-fire, we received word that separatists down the ukrainian helicopter, killing all nine on board. on july 14, separatists claimed credit for a time that the military cargo plane at 6000 meters and on july 16 claimed credit for the downing of ukrainian fighter jet. if indeed russian tax separatists were behind this attack on a civilian airline commit their and their backers would have good reason to cover up evidence of their crime. bass, it it is extremely important that an investigation he commenced immediately. in the first instance, tos ee monitored should ensure that as a first responder lay the foundation for a first further international organizations and individual nations including those whose citizens are big guns of the tragedy.

yesterday president obama assured uk's president president portioning go that efforts to allow that efforts will offer all possible assistance upon his request. president portioning co. has invited the independent and credible international civil aviation to join an investigation. international investigators must be granted immediate full amount utterback says to the crash site all those concerned russia, or russia should agree to facilitate access by international investigators. in this regard, we look to the asinine to reach agreement with separatists and others in the region to make this possible. all evidence must remain undisturbed in any evidence to make the site by the russian tax separatists operate in the area should be promptly returned and handed over. russia needs to make this happen. >> is a portion of ambassadors power remarks from earlier today at the u.n.

now we want to your thoughts on the investigation into the galatian airline crash. go online to facebook.com/c-span two join the conversation. you can also use hash tax c-span chat. several of you have rd weighed in on facebook. donald posted remember when the u.n. was relevant? either. janis as i know we do not trust the u.n., but in this case let's get the investigation underway. and tomorrow on "washington journal" will have more about the downed galatian airliner with the foreign policy institute. they demand action for gun tents in america discusses the work of the organization and what numbers are doing to combat the violence. enter rots of club for growth looks at his group's opposition to the highway trust fund bill making its way through congress. plus your phone calls, taste the comments in tweets. the "washington journal" live

saturday 7:00 a.m. east are not used in. >> john quincy adams was second advanced to the elect you to the white house. he was the second northerner to be elected to the white house. he was only one of two anti-slavery precedence to be elected to the white house. she was deeply feared by the south that worried that his vision of a unified country in which the federal government and the state were partners in a relationship that enable the federal government to play a leading role in fighting the country together through infrastructure projects, through supporting manufacturer and so

on, that he was deeply suspected by the southern states regarding the they wanted too much power from the federal government. >> on thursday, general motor's ceo testified in front of the subcommittee on the recall of nearly 26 million vehicles. she was joined by kenneth feinberg, who is heading up gm's compensation program perfect and families that does affect it. this panel runs about 50 minutes. >> already. this hearing will come to order. today we agreed to set the tragic management others by general motors to kill people. first, i want to acknowledge in my opening remarks, then from a

viewpoint, the ceo of general motors, mary trinh rehab start to end with courage and conviction has confronted head-on the problem in the corporate culture that caused it. some see the record number of recalls the general motors is a problem. i see it as a good time. sidekick, i want to briefly say that i think i speak on behalf of all members of congress who have asked very difficult question surrounding this tragic event that while we are asking tough questions, we have great respect for the workers of general motors. i would like to take this moment to thank the workers at general motors. you are terrific. you build good cars. and you were also the big guns

of outrageously incompetent management. management was the problem here, not workers. we did some time and i find it thorough and damning. there is a difference and deceive. among engineers and physicians of important response ability. and fact check, is very clear that the culture of lawyering up and whack a mole to minimize liability in individual lawsuit killed innocent customers of general motors. i have many questions about the failures of the legal department today. i am also interested today in hearing from mr. fine for who

has been asked to put together a plan to compensate those who have suffered from these management failures. here's here independently from the what is at general motors. he is appearing independently of the witnesses at general motors and he will exert an end in his role as he makes decisions about compensation to the many people who have suffered. in a certain i thank him for being here today in that regard. but perhaps i am even more interest to you today in understanding how in the aftermath of this report how in the world in the aftermath of this report did michael milikin keep his job. i do not unders and other general counsel for a litigation

department that had this massive failure of responsibility, how he would he allowed to continue in that important leadership role in this company. and the questions i asked today will be surrounding what he knew and why he didn't know it and what kind of direction did he give a legal department that would allow them to do nothing in the face of the evidence they were confronting over years of litigation by people who were trying to get the attention of general motors about the fatal defect in the product they were selling. senator heller. >> chairman mccaskill, thank you. a guide to thank the witnesses here today for both hearings and also the chairman to castle for

the second hearing on general motors. today based on the findings of status valukas report we find this one of the darkest years of general motors. approved by gm even though it failed to meet gm's to standard specification for tort resisted. due to these failures by the nations which would slip for morons to accessory with little more than a knee hitting a key with a car driving over a bomb. the car's power shut off while it was being driven. i racecars my entire life. i will tell you even for the most experienced drivers, there is nothing more terrifying than a loss of power while moving at high speeds. they can only imagine the sheer terror of the individual who's driving vehicles the moment the ignition slipped into -- or slipped out of for a period with

those drivers didn't know us their cars swerved across lanes, hit walls, inclines, working entries is that you want and that could have saved their life, the airbag was not going to deploy because the power to the airbag also shut off. yes, this is a big asked after a few crashes general motors is able to understand it nations which problem, and many more lives could have been saved. but as the valukas report points out, group after group, committee after committee within gm failed to take action or acted too slowly for over a decade. two critical factors have been identified as reasons for this. first, gm dale to understand how its cars were built. let me repeat that. gm failed to understand how its cars were built. incredibly, the official findings pin the blame for the

delay to recall this car and the fact that gm didn't understand how it don't cars built. psychic on the same engineer who approved the original ignition switch changed apart in in 2006 and didn't inform any person that gm and did not change the part number. people died and millions more were put at risk because gm didn't understand it don't car and one engineer cut corners and changed the torque on the part without telling anybody or again changing the model number. 54 frontal crashes in more than fatalities later we find ourselves here this morning for a second hearing on this issue. it is truly a dark chapter in the history of general motors. what we need to do today is the full story. is that the lucas report

accurate? is it the definitive account of this matter are either missing pieces? ceo is with us today and it is my hope he will help the subcommittee to understand if there's additional information that provides us with more of a complete picture. i hope his testimony today will be forthcoming and not circle the wagons. we need to know what happened here in the responsibility to the families and survivors to provide it the picture. if delphi does more than identified or boost their inaccuracies, now is the time to make this known. the valukas reports offers a strong timeline of the issues, but i have turned that it may not paint the entire picture. i'd like to explore whether they're fully cooperative. in the valukas report it states

delfi hard and didn't supply. combatants and all americans deserve to know that ferber tecate general motors failed to damage straight the basic level of corporate competence. there will be a discussion regarding whether changes of laws are necessary and however if gm understood how there were cars were then followed current legal obligation to report defects in a timely manner, lives would've been aged we would would not be here today. thank you. >> thank you, senator heller. r. for witness today and our first panel consists entirely of kenneth feinberg and ms. tran five who are in charge to find that will compensate many of the people who have suffered tragically as a result of gm's failures that we look forward to your testimony thank you for being here, mr. feinberg.

>> i want to thank the chair for her vigorous leadership in this matter. i want to thank all the members of this committee, said committee. i particularly want to thank senator bloom at all and his staff. they provide a valuable suggestions as to what this protocol should the like and indirectly it must thank senator blaum. and directly because senator blaum was critically important and very instrumental in the design of the 9/11 victim, patient fund, which proved to be a precedent for much of what is and this protocol and i want to publicly thank senator blunt for his work many years ago in the drafting of the 9/11 victim compensation sent. ms. camille biros were for the last 35 years has worked at my side in the drafting, design and administration of the 9/11 fund, the bp oil spill fund, one from boston marathon, virginia tech

okay or if a more defined, et cetera. she's also here to answer any questions the committee might have about the administration of this program. it is a bit premature to be talking about this program because we do not begin receiving claims until august 1st, a few weeks from now. we are right on track. this protocol will form the basis for the submission of claims. i think lawyers around the country for their input as to what this fund might look like. i think various nonprofit foundations, interested in automotive safety were there in her. and i also must say in mind of what the chair i sat, i think general motors from the top down they been very helpful and can turn to in drafting this

protocol. this compensation protocol how whether it's entirely our collective responsibility. my responsibility. i don't think there's anybody who provided as input that is entirely satisfied with all aspects of the protocol. the perfect is the enemy of the good and we will see. but i am optimistic that as the chair pointed out in her introductory comments, we will competence they the innocent victims of this tragedy. that is the purpose of the protocol and i am confident that it will succeed. now we begin august 1. claims can be submitted for the next five or august 31st, the 31st. we will stay in active work into processing claims that may come

in late in the year. we are not going to disappear in december 31st. so we will stick around. there's a very interesting features of this protocol, of this compensation program that i can highlight one minute. it is uncapped. we are authorized to pay as much money as is required through the processing of eligible claim. the bankruptcy of gm is no barrier to compensation. if there were accidents that occurred before the bankruptcy, they are as eligible as accidents that occurred after the bankruptcy. there are some people who already settled their claims years ago with general motors and signed a release that they will sue. they can come into this program. and if there are compensation was there title ii additional common nation, they will be

paid. the contributory negligence that the driver speeding, cell phone texting while driving, intoxication, e. relevant. we are not looking at the driver or the circus dances of the drivers negligence. we are looking at the automobile and only at the automobile to determine whether or not the defect is ignitions which was the proximate cause of the accident. so you never know on these programs. we have our fingers crossed. we are cautiously optimistic. we build on the success of past similar programs. i believe beginning august 1 we will be ready as the chair and others have insisted to be cared receiving claims. the document patient will deliver to the committee.

we'll be ready to receive claims. we will pay those claims within 92 not 180 days after the claims are substantially complete. finally, we have a very pervasive notice program to reach out to all eligible claimants, all those who think they might be eligible. we are determined to reach every driver were injured victim to make sure they know of this program and we are confident that the program will work as intended. thank you at >> thank you so much come mr. find her. a couple questions. when i hired you to administer this compensation program, to general motors plant in a limitation on the program scope? if so, what were the limitations they laid out quite >> the only limitation they laid out was the limitation that only

certain eligible vehicles are subject to this program. as the chair of medicine repeat their limitations in my jurisdiction. and 9/11, i sent commerce and blunt and others drafted that legislation, there was limitations. the only limitation in the program that she had been tested on were that only the eligible vehicles listed on page three of the protocol are eligible for consideration. >> did you suggest any classes or coverage that should be included to general motors rejected? >> no. i am not an automotive engineer. i asked to general motors, what are the vehicles? what is the definition of an eligible vehicle that could give rise to a valid claim. this was their response, which was reflected expressly in the

protocol. >> so if the airbags didn't deploy, but should have, if there's any evidence that the seat belt pretension or his work as, under your protocol the victim is not eligible quite >> that is right. the aim is not eligible if the power was on and the air bag did deploy. if the airbags to deploy and the seatbelts were working, then a fortiori the likelihood that the ignition switch could've been causing the accident is not possible. so we concluded, and i concluded that airbag deployment renders the claim ineligible. airbag non-deployment or reclaim in which the damar family or her family say we don't know whether the airbag deployed or not eligible. file the claim and we work with the claimant did not regard.

>> so, let me make sure i understand. if the airbag did not deploy, you are eligible if you are in one of the cars on the list? regardless of the seep out quite >> exactly. >> the total decision here is what card is and whether or not the airbags to plate. >> and/or whether the seep else deployed. it is the same issue. if the seat else deployed, it couldn't have been the ignition. >> i'm confused by white humane seatbelt deployed. >> would you explain that for the record, ms. biros? >> it is not the seatbelts per se. it is the pretension nurse, which are electrically controlled or understanding us out. if they were operational, then it is unlikely the cause of the accident was the russians which.

>> so what you are saying is that the pretension or server can comment that is an indication there was not a shutdown of the powers that would prevent the airbags point. >> that's correct. >> with a few of the situation where there is a frontal crash the airbag doesn't deploy and second later there is a rear crash in the airbag is deployed quite >> file a claim. if there is a frontal crash in the airbag didn't deploy, we want to look into the claim. >> so you are open to looking at each situation was that would be a situation where the airbags to deploy, but not until the second crash. i want to make sure everyone is clear that even if the airbag didn't deploy, even if you're airbag is deployed, it could depend on the facts of your case. >> that an interesting hypothetical for law school, but i'd like to take a look at that claim. >> i think there is one.

>> would like to take a look at it. >> the issue. the switch goes off and on easily. it floods off easily. in-flight that because there is not appropriate turkey neck. so things that don't move it or is it just as easily as writing off the road home and cook go ask him a frontal crash could move it from a too long, correct? would look at that problem. theoretically you're correct. two answers to your hypothetical. , highly unlikely that circumstance teaches positive occurs. i guess it could. highly unlikely. what i want to avoid that this program is being inundated a thousand claims were the airbag ploy, making it extremely unlikely that it was the nation's switch causing delay in getting money out the door to

the vast number of claimants which clearly can demonstrate airbag non-deployment through police report, photographs, and satoru. the whole key to this program as you and others have pointed out is getting money out the door as fast as possible to eligible claimants. that is why the airbag deployment provision in the protocol is designed frankly to discourage thousands of people from filing a claim when in the overwhelming number of cases, the overwhelming number of case does come the airbag non-deployment is a certain step in the direction of finding eligibility. >> well, if questions about the amount of money you have to spend an also punitive damages, but it has a feeling my colleagues look into those before we finish the questions will be those to my colleagues and turn it over to senator heller.

he might thank you, madam chairman. again, thank you for being here. i don't know that it's clear that this discussion before the program is forward. i want to go back to what the chairman is asking. there's no scenario critique of him from run to accessory, have an accident or so have the airbag deployed. >> that's right. senator mccaskill raises a hypothetical situation, but it's not the type of situation that would justify drafting a compensation program that would invite anybody with the airbag deployed to file a claim. >> it took 10 years and you're telling me that scenario can happen? >> it is so rare you don't want to discourage claims from being filed at the overwhelming case is for airbag non-deployment is a major step in the direction of finding eligibility. >> he said he will compensate

all in the big guns. let me give you a scenario since this is preliminary. suppose i'm driving a kobold in the airbag doesn't deploy in the key goes from one to ask us to read walk away in a period but i destroy the car. am i compensated quite >> that is a litigation matter. you are not compensated under protocol limited to death in physical injury. you may well be compensated and there are thousands of lawsuits pending uneconomic damage to the car, diminished value of the car. that is not the scope of this death and physical injury program. >> why would you stop would you stuff their? isn't a loss a loss? >> loss is a loss from the very beginning of my conversations with lawyers representing injured and deceased times. it was always understood that this program, blake 9/11, blake

9/11 and one from boston this death and physical injury. i'm not saying they don't have a valid claim. they don't come of this program. >> is very way to appeal this decision? >> which decision is that? >> in the courts i assume there is. >> any appeal to gm? >> they can appeal to gm as well. i want to ask about the comp patient. i don't know if your performance indicators moving forward on what you and yours as well have based underpaid. i think there's important to have comp patient transparency. knowing here you are being compensated by gm, transparency is important. will you or your staff be paid based on the number of claims made or the number of claims processed or anything of that nature? >> absolutely not.

>> let me talk to you a little bit about bp because i know previous administrations of the bp oil spill the compensation fund did receive some criticism from some of the stakeholders that you're working for the oil companies interest instead of being independent. >> all say. >> how do we know you'll be independent in this case and be accountable to the terms legs >> first of all, as with bp coming you will recall when that criticism came my way, i asked former attorney general michael battisti of the bush administration to review my whole conference patient, the whole way we've been about being paid, my independence and he wrote an opinion letter, which i made available, making it very clear that i was independent and doing the type of work i was

asked to do. the only real way that you blunt criticism that is sure to come about my comments nation, the only way is how fast you get money out the door to eligible claimants in a generous ways so that they can see the conduct of this program and professed independent backs up by the way the claims are being processed. i will say again until these claims begin to come in and people see how they are being processed and how they are being found eligible, i will confirm criticism and not where you have to address it. >> okay, fine. >> thank you very much, chairman mccaskill for holding this hearing. thank you both for being here. the investigation into the general motors ignition switch defect issue paints a picture of a company that for years showed

indifference in the fact that evidence of risk and danger. i believe there are still questions to be answered in a key point perfect comes, mr. feinberg, and one of the reasons we are having a hearing today is how the fund will work and how the claims will work. i also greatly appreciate the fact that ms. barra, the new gm ceo has stepped up and taken us had i not only with the recalls, but also with setting up this fund and working with the dems, something very bad happened here and we all know that. as you know, mr. fine word, on the results and history will judge whether their street justice for these victims and i am glad that the chairman held this hearing so quickly after i last went to we can continue to be informed and ask questions. in my case i have a fixed, a very young woman named natasha weikel. she is of albert lea, minnesota.

she was only 19 years old. she died when her car but barely a 71-ounce per hour into a grove of trees. she was a hockey goalie. she had a lovely note she wrote to her death rate before she died about how she always knew he had her back and was there and i know all she wants now -- they want now is to make sure they gm has their back. so my first question is about these young fake is piercing many of these cars involve younger drivers, i'm a saturn driver. i still have a seat team-year-old saturn so i can relate to this. and the chevy cobalt, the kind of car that she was killed in common the chevy cobalt. can you ensure that there will be fair compensation for younger but what is often harder to us as with the earning potential will be? the mac absolutely.

like 9/11 were many young people died in a growth rate of the pentagon, even younger people will make sure compensation is generous and adequate enough for you under protocol lays out in some detail how we will go about s. meeting conference nation for younger non-wage earners who were in school or have not yet become a professional or employment career. we also lay out rules that allow any younger victim or anybody who's died in the crash was terribly physically injured to come in and see us and we will develop a tailored compensation program, what i call track p. that reflects the unique circumstances of those younger people and will be glad to do that under the rules of the

protocol. >> you against the lower participation rate for younger people because of the fact you haven't seen this in the past? >> now. >> concerns have been raised about some secrets about the documentation required that he be too burdensome. some say it may be difficult to prove years ago in admissions which caused the crash. >> first of all, a lot less burdensome and quicker than if they go to court to prove their claim. i'll tell you that. there is a provision in this protocol that makes absolutely clear that if anybody files a deficient claim, they can find the documentation. we work -- this is a point senator bloomberg all asked about. we work with the claimant to try and cheer that deficiency. there are various ways, a menu of options as to documentation, contemporary police report, the car, the black box in the car, insurance reports, warranty and maintenance. will work with the claimant. photographs.

perhaps one of the best examples of cooperation citing senator metcalf goes with the ability photograph showing a front-end collision and no airbag deployment. that case they must he is well on way to eligibility. so we will work with the claimant to make sure that even though some of these claims are very old, the act that's occurred a decade ago. we will try to reconstruct the documentation. >> one last question. under the terms of 2009 free from liability for injuries and deaths that occurred pre-bankruptcy. can you assure the plaintiffs still have equal opportunity to compensation regardless of whether and when gm went through bankruptcy? >> that is absolutely assured that recommendation. >> thank you very much. >> senator bond. >> thank you, chairman. the chairman and i obviously

should mention her first comments we have a number of gm employees in the day. we are grateful for those employees and the work they do turn about anything that reflects on their products, future opportunities, their ability to make a good living that they make with the hard work they do. so what do not this is important to a period it is important to the country. i appreciate your comments here's certainly when we set up a model after 9/11, the eight via of the one you continue to pursue its victims are not subject to which judge they were eyeing two. you don't have cases handled one way somewhere and one was a morels. there's still the legal option if they want to take it. but if they want the assurance that these cases will be handled in a way that has a structure, and they have that from you. in that structure as i understand it, when it come time

to settlement, you have the authority on what the settlement would be. and i bet i'm not? the mac that is correct. the program is entirely voluntary. no one has to come into this program. if they do come in the program, we will determine the eligibility and the amount of confidence nation and that's with 9/11, only after they know what they receive, how generous it is, only then do they agree to waive going to court in order to receive the money and there is no appeal to my determination and gm cannot -- cannot reject our final determination. they have agreed in advance to abide in a no decision made. >> am i right in believing that gm has no input on your final determination on an individual case would be? >> they can provide whatever information they want answered

my determination to complete the record. what they have the record i've heard that gm has anything they want to add. once we make that determination, they have knows they. they have no right to appeal. they have no right to second-guess. they are gone for the determination we make. >> at what point do you think you begin to do with individual cases? august 1st claim start to come in and under the protocol once the claim is deemed substantially complete, once we had the document tatian, within 90 days we will begin to process the claims, authorized payment and invite the claimant to accept the compensation. >> you said earlier you were grateful and helping draft the protocol in addition to determining eligible vehicles ,-com,-com ma was there anything they added to the protocol?

>> yes. i asked gm and plaintiff lawyers and nonprofit foundations what you think about the dollar levels. what do you think about the price is, the procedures? i'm not a big general motors for the ceo to mr. milikin and down the line, extremely co-opt it, construct is. they say one he to do the right thing. i have only appreciation for general motors in assisting the actual draft dean of the protocol. i doubt anybody likes all of it except ms. biros in the aisles. but they provided us valuable in pertinent grateful to them. make thank you for your leadership on this and so many funds like this and i wish you well and certainly everybody is to go forward with trying to do with these claims in the best possible way.

in terms of the company, better late than never. for those people who were dramatically impact did and to have lost that they will never recover from, and senator klobuchar was talking about, that no permit daughter to her father is a sad last and only thing to have at the last moment so that congress life. we will be very good as you work your way through this. i think the company made a good choice and look forward to watching that as this progresses. >> thank you, eric. >> senator blumenthal. >> thank you, madam chairman. i want to thank you for having this hearing, which is very important. i think mr. fine work for your work, very challenging work in this area. i have only five minutes here, the u.s. employment five minutes, in fact five hours and i appreciate your openness and continue to work any of these

very profoundly important details. but the devil here is in the details and then the discretion that you will have. .. added to the list of the chevrolet kobold among others, we now have multiple models, chevrolet, oldsmobile, gm has now recalled more than

14 million cars in 2014. many of the reasons for these recalls are defects in the same part, the ignition switch, that kill people and injured many in the matter that you are providing your compensation from . i have to believe the compensation fund happens to be expanded. i believe strongly that your fund must be extended to include those victims of the deaths, injuries, and damage in those other recalls. would you agree with me? >> i cannot agree or disagree. i have no jurisdiction, senator. i can be very clear on this. just as with these other compensation programs, policymakers tell me in drafting protocol this is what is eligible. i have no authority to go beyond

the list of automobiles listed in this compensation fund. >> which you recommend to a gm that it expand or extend the fun? >> that is entirely up to gm. that is entirely up to a gm. i am not an automotive engineer. all i can say, senator, is when gm asked me to create a fund and administer that fund, they made it very clear that the only models this problem and the context of the problem gave rise to this special compensation on these models. as with september 11th and pp, i must abide by that delegation of authority. >> let me move into another topic. i can tell you about instances where the airbag deployed, and

that crashes were the result of this. this is a real. i have talked to people who drove those cars, they stalled, and they were able to turn them on. i can present to you specific instances of crashes. will you consider them and make refunds? >> i want to see those claims. i have talked in the last three or four months to automotive engineers, to lawyers, to gm officials. i think it is such an unlikely possibility -- >> no -- >> but if it is i would like to see that claim. of what. >> let me close with this thought. i am inspired to raise it by the observation raised by senator castle above the lawyering here.

leaders typically are supposed to be the corporate conscience, supposed to be the ones to make sure that corporations comply with a lot in spirit and letter. here the lawyers 44 actually enabled cover-up, concealment, deceit, and even fraud. i believe, although we use the word alleged as lawyers all the time that the criminal investigation now underway by the department of justice will find culpability on the part of those lawyers. would you agree with me as someone who has been a member of this profession and done it with great distinction for a long time, the lawyers here failed the public and failed gm? >> i agree that the lawyers working in the public interest or should. i do not know enough about the underlying circumstances that gave rise to this to make an official, on the record decision

about all lawyers in this case. >> thank you, madam chairman. >> welcome. senator baldwin is here as a special guest of this committee today. we welcome you and your questions. >> thank you, chairman and ranking member, for allowing me ted joined today. i am not a member of the committee, but i have had discussions with family members. let me just share by way of an opening statements, on the night of october 24th, 2006, 3 girlfriends that you heard about earlier were returning from a trip to a walmart in st. croix county, wisconsin. one of the border counties between wisconsin and minnesota.

they were heading east in a 2005 chevrolet that suddenly lost power. the steering wheel locked, and the car careened into a telephone pole. the air bags never deployed. the accident killed natasha and amy and left macon seriously injured. as you heard from the senator, she was a goalie on her soccer team. her parents could count on one hand the number of times they had seen her in a dress. the tomboy also had an artistic side that impressed her teachers with her drying enter parents with her poetry. the first thing that comes to mind when her parents, teachers, and friends remember her is her laugh. it was infectious. once she got going her whole class could not help but join in. she loved playing with her nieces and nephews and dreamed of one day opening a day care to work with kids professionally.

officer keith young was one of the first officers to arrive on the scene that night. a 20-year accident reconstruction veteran, officer young was able to correctly identify the cause of the crash, that the ignition had been turned from of the one to the excess reposition shutting off the car's engine and disabling the car airbags. he sent the report to the national highway traffic safety administration and it subsequently to gm . despite the careful and at the -- analysis no action was taken. for the parents of these wisconsin girls this hearing, of course, is of little solace. nothing we do here today can repair the damage that has been done. the best we can do is work to

ensure that no other family has to endure when they have. again, i think the chair and ranking member for allowing me to join this. mr. feinberg, for you i have only one very simple question i hope. one of the victims in the october 2006 accident was sitting in the backseat. her family expressed concerns to my staff in preparation for this hearing that gm did not consider this victim one of the official 13 victims because there is no back seat airbag that could have then failed to deploy. mr. feinberg, can you shed some light on if the back seat passenger will be included in this compensation program? >> the answer is absolutely yes. not only the back seat passenger , pedestrians, occupants of a second vehicle

that collide with the defective vehicle, all included, all can file a claim. based on your summary it sounds like a very eligible claim whether you are the driver, a passenger, pedestrian, or the occupant of another vehicle all eligible to file. >> thank you. thank you. >> i just have one question, and then we need to move to the other panel because we have a series of votes at midday. there are no punitive damages in this, and this is a very difficult and get-wrenching decision for lawyers. i want to make sure i understand this procedurally. if, for example, a victim from missouri is 81 years old, obviously her damages in terms of compensatory are going to be smaller because she was near the end of her life. her case is such that i think factually there would be a strong case for punitive damages if she files a claim and it

gives an award from you, is she then obligated to take that award, or can she leave it on the table and allow her attorneys the opportunity to litigate the issue as to whether or not her claim can still be heard because of misrepresentations that were made in bankruptcy around the gm bankruptcy filing? >> if i understand your question , the compensation will remain on the table for 90 days during which time the claimant can decide whether to accept that kind -- compensation, release her right to litigate for punitive damages, or decide no, i think i am going to go the litigation route and try and get not only compensatory damages but punitive damages as well. that is entirely the option of the claimant. >> this is really a difficult and cat-wrenching choice for a

lawyer which i know you understand because of your background. typically the bar to overcome a bankruptcy decision as to what plans are discharged is difficult to overcome because you have to show that there was fraud. that is a high bar in the law. on the other hand, it seems hollow, i think, to many of these victim families that just because their loved one was of a certain age or at a certain income level general motors will really never feel the brunt of what punitive damages are designed to do, and that is to penalize the corporation for exactly the kind of conduct that was present at general motors. i am sure you acknowledge this is a difficult decision for these families. >> i do acknowledge that. of course, you and i can agree that if a claimant decides that 100 percent compensation leaves open the question of a punitive

damage verdict against gm, there will certainly be some lawyers and some claimants who will opt to seek punitive damages. so it is not as if a claimant who comes into this fund and decides to accept full compensation, it is not as if there is no option for somebody else to go and seek those punitive damages. i think one way or the other your hypothetical is true, senator. someone will certainly co after a gm for punitive damages, if just under the hypothetical it is not this claimant decides of what 100 percent of this money right now. >> i understand and wish we could leave it open longer so there would be time for the issue to be litigated so lawyers make advice based on decisions the courts have made in the fact pattern. >> you know how long that would be. if there is going to be litigation over punitive damages

you are talking about years and years of uncertainty. >> we understand. a thank-you, mr. feinberg. >> thank you very much. [inaudible conversations] [inaudible conversations] >> earlier today, rear admiral john kirby held a briefing at the pentagon on the malaysian airliner shot down over the ukraine. he said he saw strong evidence that the plane was hit by a surface-to-air missile. here is more. >> this morning secretary spoke with malaysian defense minister and offered his deepest condolences and those of all the men and women at the department of defense for all those of -- aboard the flight and those affected by this tragic -- tragedy. they've secretary reiterated the united states is prepared to assist to and they agreed the investigation must be credible, transparent, and and indeed. all parties in the vicinity of the crash site, russian, pro-

russian separatists, and ukrainian must agree to an immediate ceasefire, the only way to ensure safe and unfettered access for international investigators. still collecting taxes. international investigators need to be given time and space to do their job. clearly as the president noted a short while ago, we see strong evidence that malaysian airlines flight 17 was hit by a missile. the missile was launched from a location near the border control by russian separatists. this incident obviously occurred in the context of the conflict fueled by russian support for these russian separatists and that support has included arms, material, and training. as we investigate who did this and why, this terrible tragedy or -- tragedy underscores the need for russia to take immediate steps to the escalating crisis in ukraine and

support the ukrainian government's plan for a cease-fire and peace settlement. >> that was a portion of today's briefing held at the pentagon. now we want to hear your thoughts on the investigation into the malaysian airline crash. go online to join the conversation. you can also please us. several of you have already weighed in on the facebook. no passenger should ever be shot out of the sky for any reason. they are not at war. this is a tragedy and should never have happened. cody said, this is extremely serious. the u.n. must demand answers for this crime. that is what this is, not a crash but a crime. tomorrow on washington journal more about that downed malaysian airliner. after that shannon wants demand action discussing the work of her organization and what members are doing to combat it gun violence.

>> forty years ago of the watergate scandal led to the only resignation of an american president. throughout this month and early august american history tv reaches its 1974 and the final weeks of the nixon administration. this weekend opening statements from the house judiciary -- judiciary committee as members consider articles of impeachment against president nixon. >> a very unique position within our political system. the one act of in which the entire country participates. the outcome is accepted. the occupant of that office stands as a symbol of our national unity and commitment.

the judgment of the people, the majority will undone, that symbol to be replaced through the action of elected representatives and it must be for a substantial and not trivial offense. >> watergate 40 years later sunday night at 8:00 eastern on american history td. >> earlier this week the senate foreign relations committee held a hearing on unaccompanied immigrant children on the u.s. southern border. state and justice department officials testified on the economic hardships and violence that have driven them out of their home countries. this runs two hours and 45 minutes. >> good morning. this hearing will come to order. we are here today because we have a humanitarian crisis on

our southern border, now a refugee crisis which i would argue requires an emergency response domestically and the urgent recalibration of our foreign policy. just as important that we address this crisis in my view, it is equally important that we cannot rush to change our laws in a way that would strip these children of their rights to due process. in dealing with this crisis it is imperative that we understand its root causes and why it is not about america putting out a welcome mat but about a desperate effort by desperate parents to do what any parent would do to protect their child from violence and the threat of death. we have with us to panels of experts who will help us understand the factors that have driven nearly 60,000 unaccompanied children in the past five months alone to flee their countries and seek refuge in the united states.

this past weekend in a piece and the university of new york times was writing about a sixth grade. his father was murdered by gangs while working as a security guard. three people he knows were murdered this year. four others were gunned down on the corner near his house in the first two weeks of the year. a girl his age was beaten, had a hole cut in her throat, her body left in a ravine across from our house -- his house. christian said, it's time to leave. for carlos, a 14-year-old, who worked in a dump picking of scrap metal when he was a boy in making a dollar or two a day, when he was nine years old he barely escaped to the drug-traffickers who were trying to rape him. when he was tanned the drug-traffickers pressured him

to try drugs and join a gain. he has known a people who were murdered, three killed in front of him. in one case he watched as two hit men brazenly shot two young brothers execution-style. these are the tragic stories of life-changing experience is that too many children face in central america every day. tens of thousands of children whose stories are unknown but no less tragic. for me as someone who has closely followed latin america for decades, the current crisis in central america is no less shocking than for anyone else, but it does not come as a complete surprise. at the end of the civil war that has raged in central america during the 1980's and 90's we did not pay enough attention after the wars to the region. we did not remain significantly engaged with our central american neighbors. we did not work closely enough with him to address the structural problems, social,

economic development or the violence. i have complained strongly and argued forcefully that the years of cuts to the region would come at our own peril. besides the deep poverty we have enormous challenges in central america where we have the confluence of major drug-trafficking to the united states where we have gangs that have dramatically increased in el salvador from 600 to 40,000 then, of course, human traffickers who take advantage of those circumstances. and the efforts that we failed to take in is up now with the crisis on our southern border. year after year when we review

budgets administrations have said that our costs and cuts to latin america and central america come at a price. unfortunately in part we are seeing that price today. so we are going to spend almost three and half billion dollars to deal with the consequences of the causes in central america, but we will deal, luckily -- luckily because we have only spend $110,000,000.5 central american countries. under this proposal is 300 million to deal with the core issues of citizens security, combating traffickers, combating the drug cartels, combating the gangs 300 million, $3.4 billion. it would seem to me that at some point we will focus on their core problem so that we do not have the consequences in our

country or the challenges of the deeper issues that are facing central america as it relates to citizen security. one other point, all of this hearing is about root causes and how we might deal with it. let me take a moment of personal privilege saying i oppose the changing of the existing law. they're is a reason why that law was passed. it was our best to my non contiguous nation's caught fleeing over 2,000 miles, there may be a greater probability that you have a real case to be made for asylum because you have a credible fear of a loss of your life, which under our law, as i hear those who advocate for the rule of law, under our law is very clear. if you clean off to thousand

miles and were told by the gain join or die, if you fleet 2,000 miles not to ever experience that tragic and dramatic set of circumstances , you don't come with anything but the clothing on your back, and when you get here to the united states you will need a reasonable amount of time to be able to produce the facts to make that case. it does not come with you. i understand the desire to accelerate process and accelerating without due process is not acceptable. i believe the law presently as a series of provisions that would give the administration the wherewithal to decelerate but with due process. i support the efforts for the resources that are necessary to meet the challenge, but by the same token, those who just have a different view about what this law was intended to do which

passed with broad bipartisan support in both houses of the congress and signed by a republican president is not something that i personally can accept. the short and long-term strategies that will restore public confidence in the justice system's and resources that dismantle the smuggling networks making sure that children and families deported from the united states will be many under the existing law. received sufficient attention and support and how they can lay strong foundation so that we can have as citizens security in central america so that we will not face the consequences and they will face a more prosperous future. with that, i would like to recognize distinguished ranking member. >> mr. chairman, i want to thank

you for having this hearing. i know this is an issue you feel very passionately about. i was glad to it join you in the senate-past immigration bill. it was not a perfect bill, as no bill is. certainly the immigration bill we passed out of the senate, i'm sure, can be improved, but i really do believe that the type of thing we are dealing with on the border now cries out for us as a congress to deal with immigration reform home. and we hope that at some point we will do that. you stressed some things in your opening statement, and i will stress some different things in my opening statement. my guess is that there are multiple things, reasons as to why we're having this problem on the border, and it is my hope

over the course of the next two or three weeks that we will take into account all of those factors and put something in place that does solve this problem. i wanted thank you for calling the hearing, the witnesses for being here today. as i mentioned, i hope we will be able to establish a common understanding of the situation in central america. i hope we will identify what mexico and central american countries are being asked to do to address the flow of unaccompanied minors across the border. finally i hope we can identify the administration's strategic priorities for engaging central american and neighbors and taking responsibility for addressing the region's problems in order to secure sustained economic growth. the immediate problem is at our borders, and it is our

government's immediate responsibility to ensure the integrity of our borders. the ongoing migration crisis involving a company children is pushing our border patrol and human services personnel beyond their capacity to cope. the flow of unaccompanied children started to spike in 2012. unlike in the past -- and i think this is very important -- when migrants' sought to evade -- wind migrants sought to evade u.s. authorities these migrants are turning themselves and because they know they will not be immediately returned. this is a real change in the way the behavior is at the border, and i think it is something we should focus on in addition to the comments the chairman made. game-related violence that targets the young certainly makes them want to leave central america. the hope of joining a family are

getting education and a better life is also a powerful incentive to leave. the levels of violence and lawlessness across central america really are nothing new. nothing much has changed in that regard, and yet we have this huge influx that is occurring. something else is clearly happy here. word of mouth and local news reports have spread about children being cared for by u.s. authorities, being connected with family here and being allowed to stay. a significant factor has developed due to both the unintended consequences of current u.s. law as well as the actual and perceived enforcement policies of the administration. it is highly likely that human traffickers are marketing this new way to get into the u.s. which may also help account for the spike. u.s. mexican central american law enforcement efforts have been focused on counter

narcotics operations and not this phenomenon. post 9/11 u.s. attention was understandably focused elsewhere in the world. but we cannot afford to ignore this state of affairs in central america. this migration crisis may well pass, but it will occur in one form or another calling attention to the need for the united states to kraft and implement appropriate immigration policies to account for the clear unintended consequences of current law and its application by the administration. ..

thank you. >> thank you, senator corker. and this one comment i have stay. i do agree with you that it's a private party immigration reform that pass united states senate a year ago had been needed taken up by the house of representatives. i won't say we wouldn't have the problem because root causes to this. we'd be better able to deal with the challenge because the amendment you authored with senator joe and ultimately tell border enforcement, trafficking in a series of other critical issues that would've been helpful to us today. i appreciate your comments. let me introduce our first panel , thomas shannon, counter

the state department. ambassador shannon has a long has been hemispheric and does well this issues. emperor schwartz swartz at the criminal department of justice. thank you for being here. let me advise you your full statements have been included in the record. i ask you to summarize in five minutes or so so we can get into the q&a. we'll start with you, ambassador shannon. >> mr. chairman, senator corker, distinguished members of the committee, thank you or the opportunity to get by today. it is not to appear before you put my colleague from the department of justice, bruce swartz. i'd also like to thank you, mr. chairman. and you senator corker for the work you have done in moving ahead in nominations through the recent conservation as genial in a ponderous enhancer diplomatic presence. thank you very much for the effort you have made and the committee has made. i'm grateful for the offered

committee to address the consequences of the surge in unaccompanied children along the southwest border. in my written test money and they had her understanding of the challenge we face on our south was border of the strategy we've advised to address her diplomatic engagement to this point in regard to that challenge and why quick approval of the president supplemental budget request is important and necessary. as we consider challenges posed by the migration of money can mean children, i would like to note the following. first, migration by unaccompanied children is not a fairly new phenomenon along the print tier. what distinguishes and makes unprecedented visit kaizen comp is addition as both chairman and the ranking member noted. what was his tour we have largely met and phenomenon is now a central american phenomenon. in fact it is comp and traded on three countries or three service countries. one of mahler, honduras and el

salvador. the implication here of course is that the flip in the source country said the unaccompanied children means that something dramatic is happening in these three countries and something is driving this migration. while the motives are mixed, and many being driven by traditional fact are such as family reunification and economic opportunity underlying much of the migration is the fear of violence caused by criminal games. there is a significant push factor for the migration coming from central america in these three countries. at the same time as has been noticed, the push factor is exploited by traffickers and the understanding of u.s. law and u.s. prank this has allowed them to market a certain approach to bring in unaccompanied children to the border, especially the idea taken into the border and turning them over to u.s.

authorities can something which is near. the third point i would like to make is the migration is regional. for much of it is directed towards the united days, the impact is being felt throughout the region. the u.n. high commissioner on refugees is registered a 400% in recent request neighboring countries, which from our point of view means while most of the children are heading to the united states largely because they haven't been bowling in the united state or networks of migration that they can plug into, those for whatever reason are just lame to other countries in the region. a fourth as we devise a response to mowing our approach has to be regional, that it has to involve the source in the transit countries, but also addressed those affected by the migration. in other words, we cannot solve the problem alone. we need to build partnerships. again, i just came from mexico in the mexican frontier with guatemala and what is drinking about the migration is mexico is now not only is ours in a turn

the country of migration, but also a destination countries and many are in mexico, which means mexico's experiencing problems with experience over time with migration and means we have a basis for common unders and in an approach in accretion issues. but also, guatemala has become a transit country is under and salvadorans crosscourt amal appeared to the mixing of purposes and relationships among the five countries that are both transit and destination countries creates new opportunities for partnership. through our diplomatic engagement in the region in fairly short time that we would first of all fashion a common of understanding of the problem among united days, mexico, guatemala, honduras and el salvador. we have created a common public messaging campaign to counter marketing tactics of the smugglers, which we believe is

beginning to have an impact. we've establish the mechanisms of cooperation on immigration and border security with guatemala commotion is the reason not been on the southern border initiative and we've begun repatriation of adults with children. the first flight to honduras has already happened and we are working towards similar repatriations to guatemala and i'll saw the door. as we engage with the central americans on the causes and drivers of this migration, we have an opportunity to build a regional strategy the supplemental request of 300 million f. i have noted as a down payment on the larger strategy paired with that, i conclude my remarks and i look forward to your question. >> general schwartz. >> chairman menendez, senator corker, members of the committee, thank you for the opportunity to discuss today the department of justice's law enforcement response to the problem of unaccompanied children crossing illegally into the united states.

the department of justice is of course running the full range of authorities to bear on this problem. in particular its immigration authorities. at the same time we are focusing our criminal justice authorities and that response takes two forms. first, our own investigations and prosecutions within the united state. in fact, our work overseas to help build the law enforcement capacity of our partners in the source countries from which these children are coming. let me turn first to our law enforcement investigation and prosecutions. our strategy in this regard has three prongs. it attacks the smugglers, the criminal gangs in the countries that these individuals that prey upon them and the cartels that exploit and profit upon the smuggling of these children through territories they control. with regard to our smuggling work, we built on a long has her a successful prosecution of

smuggling organizations. we had to literally thousands of these cases, including complex international criminal smuggling groups. but i senator corker has noted today, this presents a new type of smuggling in a new more difficult issue from a long first appeared to smugglers do not have to cross the border since children are encouraged to present themselves in sense or intelligence to suggest that many of the smugglers are not operating in large-scale organization, the rather small groups. nonetheless, we are committed to developing strategies to attack the smugglers to investigation or prosecution into that in deputy attorney general cole met last week with u.s. attorneys on our southern border to push for strategic thinking in that regard. the second prong as i mentioned is our attack on the criminal gang that prey on these children and their home and helps further migration to the united states. in this context, organized crime

and section within the department of justice aggressively target the leadership of ms-13, the 18th street gang in other trends national criminal gangs that attack not only these children and their family members, but also pose a threat to the united states. we have continued and will continue to bring such cases. the third prong as i mentioned this our attack on the cartels. the cartels, our intelligence to chess, profit by taxing these individuals, these children as they come through territories and sometimes it's lumenis couriers or otherwise. here too we of course have a strategy that looks not only at these cartels, but also the full range of the enterprise. we also disruption activities including one last month led by dea, bringing together countries and contraband. it has been noted we cannot do this alone.

the second part of the criminal justice response is working to build the capacity of the countries from which these children are coming. in that regard, we have both a short-term and long-term goal. the short-term goal is to build the kind of trusted partners and units within these countries that we can work with is there a long first to partners and can also address the most serious violent crimes within those countries. the fbi state department has treated and taking units p. dea has great special investigative units. homeland security also has vetted unit. these units create an important nucleus for prosecuting these cases within the countries of trusted prosecutors and police counterparts and they help protect u.s. citizens as well by doing so. our longer-range strategy is to build the capacity of these countries across the criminal justice system from investigations to prosecutions to prisons.

in that context we that context where two organizations within the department of justice dedicated to that task. our overseas prosecutorial development opted in our criminal justice development office. our strategy in both of this case oozes with state department support to place a long-term basis federal prosecutors in the airline person experts in those countries to work with their counterparts and to think through a systemic change to their justice system. here too we have had success in these countries. we have seen this work. recent work in colombia. the senate work in the balkans and around the world and that's the department of justice strongly supports the supplemental funding request here, which among other things would provide a million dollars to allow the department of justice to increase displacement of prosecutors and senior line force made to work with their counterparts in the source countries and to help reduce the violence asserts is one of the drivers for the crisis we face

today. thank you. i look forward to your questions. >> thank you, both for your testimony. let me ask you, ambassador shannon and the president $3.7 billion supplemental he request, less than 10% of funding is destined to address the root causes of recurring refugee crisis. in addition to the same time the supplemental columns, the administration proposed a 20% cut in fy 15 to its regional security initiative. so i am trying to understand how we will spend billions to deal with the consequent is, but we are presented to a 20% cut in a central american regional security initiative. can you explain to me how that

makes the right policy sense for us? >> thank you cribbage for the question. it is a good one that goes to the heart of the challenge we face. 20% cut was the product of a larger budget request in a constrained budget requirements in which we had to balance a variety of competing demands. obviously in light of what is happening right now, we need that 20% back and we need much more of it. the supplemental budget request is a two-part request enunciate out the largest part of that goes to dhs and hhs for law enforcement and hermas there was as jesus christ says and it's a considerable amount of money, but it is in response immediacy of the crisis on our border in the presence of a significant number of people on the border and the need to process them.

>> look, i am with you on the supplemental although i might structure it a little differently. but i am with you in the supplement. we have a crisis we had to deal with. i said that the press event. but we will have a continuing to if we don't begin to deal with the root causes, the opportunity to that unit they are both police enforcement as well as prosecutorial opportunities if we don't use their intelligence integrated on the drug traffickers within the region, if we don't help them fight against gangs that are heavily armed. that is not just about being a good neighbor to central america. that is in our own national purity interests. because where do they think drugs are headed? where is the demand? here. what we think traffickers want to take care?

here. where do the tanks ultimately impart to write the synergy to their resources? they are through that process. it is in around national security interests. this is what i've been trying to say for years and i hope that we will see a change of course both by the administration and by the congress who share his plan because no one has an paying attention to what is happening in the hemisphere in a way that understands in our own front yard, in our own national interest. so i hope that this becomes a defining albanese moment for us to be think in that policy a different way. much has been said by some quarters about the pull factor of such actions as deferred action. isn't it true that deferred action would not give anyone who comes now or who has come in the

last year any access to any adjustment or status in this country? >> that's my understanding. >> is it also true that even the immigration law passed by the united states senate that had a date of december 2000 i believe it was 11, you have to physically be in the country? that would not give anyone who comes subsequently any status or any eligibility for any cause of right other than maybe through a silo to come to the united states in the tv opportunity to day. is that true? >> that's my understanding. >> would that be true, mr. swartz? >> yes, mr. chairman. i look at the continuing argument that we have pulled

back his hearing people seem to be blind to the violence factors. it seems to me that island since a large part. i'm sure there's a universe of children who may have a parent here or other relative and want to be reunited. it will not have a legitimate claim and they will ultimately be deported. but it seems to me that there is a fair number of children who are alternately flamed violent. because if that is not one of the driving factors of this crisis, why are we seeing the same old factors of children coming from other central american countries as i did these three and others in the region. >> as we interview the children as they come across our border as their apprehended and turned themselves into border patrol and his others interview other countries in the region.

there are mixed motives here in the testimony and underline the miss the violence. many of these children come from her account balance of druker telepresence is the strongest and they live one on top of the other. >> now, some on my colleagues have called for cutting off all assistance to the government says they don't do more. i believe that these governments have a responsibility. i share that with the three ambassadors in this country is in a private meeting i had with them. i share that with their head of state defendant throughout the region. it is important to point out in guatemala and correct me if i am wrong on this or you have any additional information. three city launched a massive media campaign urging children not to migrate impreza impreza's

party in the guatemalan congress presented legislation doing grease penalties and efforts to combat human smuggling. in honduras, the government has moved one of its elite police unit, which receive training through state department programs to the border to turn back children seeking to flee the country and the first lady has also played a prominent role in terms of public messaging. and i unders and that there is a new agreement signed between the government of guatemala and mexico with reference to the border security between their two respective countries and that there is an deoxy, sons of our agreement and decisions by the mexican government in addition to those bilateral agreement to move resources and to pursue any elimination of those whose peak to ride the train of death and to look at

interior enforcement. is that information that i'm leaving publicly? is that correct information or is that wrong? and if it is right, is there a young satanists that is happening? >> it is correct, sir. the efforts by the american government, especially the first latest work on a public messaging campaign to highlight the dangers of illegal migration northward especially for unaccompanied children has been welcomed by us. what we're been able to do through the public messaging campaign is to change the region because previously would migration was largely meant going forward looking for work, this was seen as some team that wasn't immediately evident on port to the source countries. now the face of the migrants of unaccompaunaccompa nied children is created a dynamic these countries must respond to nar's bonding to them.

they just are a southwest border by the first ladies of guatemala and honduras and thereafter to work with their own governments to promote public messaging has an import part of our larger came came. mexico has also begun to engage with us in a very helpful way in the southern border initiative, which is what you were referring to was announced by president ito on the mexico's southern border with auto mall in the present of the guatemala president has also established a tiered system of interdiction that will help manage the flow of migrants across those borders, separating out the legal migrants who work in the border area, but then attempting to interdict migrants moving north. as i'm noted earlier, what transit companies becoming a destination country and finding the migrants moving north are actually standing in texaco

either because they seek work or because they are recruited by cartels as they move through the more conflicted son of mexico. so what we are seeing as we fashion a common understanding and fashion, strategies, new opportunity for partnerships with mexico in particular, but also with guatemala, el salvador and honduras will put us in a position to better to you with this problem. the next thank you here's senator corker. >> thank you, mr. chairman. thank you oath for being here. i want to begin with the phenomenon that has occurred. we had an extensive debate last year and border security as part of immigration reform. one of the things that was focused on was the effectiveness of order control and there was this whole issue of science caddied, where basically the border control agents would try to determine how many people it come across the border because we couldn't detect all the people coming in as a result of

not getting into any scientific way of resolving that, we ended up with the border control amendment that the chairman mentioned earlier, which just said what we are going to do. what has changed quite a big issue with border control was we didn't feel like we had any idea of who was really coming across because they were trying to avoid the authorities. now all of a sudden twelve-month later they are trying to turn themselves in to authorities. so just tell me what has happened in the last 12 months of this 180 degrees change the behavior of people coming into our country. >> well, that is the big question, sir, the one we've been struggling with. as we interview migrants coming across and engage with partners, one of our primary purposes is to understand the drivers and the networks are missing these people. as you noted in your opening remarks, the marketing being

used by smugglers has played an important role in the company minor. >> had a nice conversation break prior to this and i appreciate it. i want to know, and must answer that question -- so i got some of the background stuff. but that phenomenon of people coming in to our country and instead of avoiding the authorities, turning themselves in, you've got to have him cut his estimate is driving it. what is it quick >> smugglers know what happened on the first tier with children present those to border patrol officers. it taken into custody and will be turned over to hhs. what we try to highlight in our public messaging is the process did not end there. the children will then go into deportation proceedings and for those who are determined not to have a protection needs, they will be deported. that has been not a been a

smugglers marketing strategy. what happens on that frontier is unders that by the smugglers and this is one of the reasons they've been successful. >> so addressing policy issues certainly needs to be a part of what we are doing. so jay johnson presented to a large group of senators yesterday other than quoting my friend, senator mccain, was very loose knit and i thought he did a very good job laying out -- john, that was a joke. other than laying out, you know, i thought he laid out the problem very, very well. one of the things he taught about that i think is correct is for seventh of the people coming in are adults. i mean, we are focused on this children issue, but a big part of people common under this phenomenon are adults that are not accompanied by minors. is that correct?

>> i'm not familiar with the adult coming in getting removed immediately. let's are talking about adults coming with children. >> so there's three categories. there's adults with minors and then there are minors. i know there's differing categories as to how we deal with those, but we have a large group of adults. we've got adults with minors. what are we doing specifically with dennis president quite >> obviously ths can answer this better than i come up with my understanding is adults with minors, cross initially we were unwilling to separate the children from the adults, so the adults were being hauled, put into deportation proceedings and then released under their own recognizance. but we have begun to deport adults with minors. in fact, the first deportation flight has gone to honduras either yesterday or the day

before and with an additional 12 salvadoran guatemala. >> at another solution here. i'm seeking is theirs. some have said one of the big problems we have with minors is we are putting them with guardians of the will within the country that many of them are not documented. therefore they are very unlikely to ever show up back in the court. some people have advocated that incentive do they not put these young minors in detention facilities to care for them there. what is your response to that quiet >> welfare, this is the department of homeland security in hhs issue, but i would say that holding children in detention for a long time is that for kids and therefore you either need to hasten our deportation processes and proceedings were put on its family. >> so the first deportation proceedings are occurring. is that correct? >> for adults with minors. the deportation for children has

been ongoing over time. the mac is very concerned when children are placed with guardians are foster parents or whatever terminology is for that and when they are a documented that it's very unlikely they are going to combat the courtroom to actually be adjudicated. sometimes i guess there's 500 days they go by 400 days, 300 days with her that occurs and make it very unlikely. it appears to me we have a policy issue that while the cartels in tanks may be taking advantage of it, it is some unit is easily taken in and adjust. is that correct? >> without a doubt they take advantage of the processes and the rule of law countries and deportations can be lengthy. one is to provide funding for those proceedings. however, i am not sure the exact number who show and talk show these proceedings.

but there is a region to show up, especially if your intent is to file a request for asylum. .. the number of young people coming into this country during this phenomenon? >> again, senator, i understand thatt