Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, my amendment will strike section 1022 of the bill that prohibits the transfer or release of prisoners from Guantanamo…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, my amendment will strike section 1022 of the bill that prohibits the transfer or release of prisoners from Guantanamo Bay, Cuba, to the United States.
We are currently imprisoning 41 people at Guantanamo, 26 of whom are being detained indefinitely without charge or trial, with no proceedings, no hearings, and no opportunity to plea their case, essentially forever.
Beyond existing as an affront to fundamental American values, Guantanamo is a dangerous counterproductive relic of the past. National security experts and our own military commanders agree that Guantanamo harms our national security by serving as a recruiting tool for terrorists and damaging our relationships with allies.
Furthermore, it is increasingly difficult to justify the annual cost of holding each Guantanamo detainee, which is now climbing to an incredible $10 million a year per detainee. Guantanamo is now the most expensive prison on Earth, costing U.S. taxpayers approximately $445 million per year. This is especially disappointing when you consider that each prisoner in Federal maximum security penitentiaries costs only $78,000 a year. Not only does our refusal to close Guantanamo diminish our legal and ethical reputation throughout the world, it also costs American citizens astronomical sums of money for no purpose.
We have made excellent progress towards reducing the numbers of prisoners, and we should continue to do so. About 35 percent of released prisoners were confirmed or suspected of returning to the battlefield during the Bush administration. But the Obama administration developed a robust framework to ensure released detainees were more closely supervised to reduce the likelihood of a return to the battlefield.
The Bush administration struck diplomatic bills to repatriate large batches of prisoners to countries like Saudi Arabia and Afghanistan in bulk, and many recidivists came from those batches.
By contrast, the Obama administration developed an individualized review process by six agencies to determine whether to recommend transferring a detainee. Over time, it also developed more careful diplomatic and monitoring plans with receiving countries to ease a prisoner's reintegration into that country's society.
When the first detainees arrived at Guantanamo in January 2002, America was still reeling from the 9/11 attacks, and the war in Afghanistan had only just begun. Yet, 15 years later, it is clear that the war on terror has dragged on for too long, as we have expanded our involvement in costly clashes in Yemen, Somalia, and Syria. In doing so, we have embroiled ourselves in needless, endless conflict, without an exit strategy or a clear strategy for success.
The recent vote for Congresswoman Barbara Lee's amendment to repeal the 2001 Authorization for Use of Military Force in the House Appropriations Committee demonstrated that Congress is finally realizing a blank check for perpetual war must be reevaluated and reconsidered.
Similarly, as we reconsider the 2001 AUMF, I look forward to working together in a bipartisan manner to close the Guantanamo prison, reevaluate our approach to these detainees, and close another dark and sad chapter that has damaged our national honor.
Guantanamo's continued operation provides a momentous challenge to the founding principles of the United States, that no person may be deprived of liberty without due process of law, and certainly may not be deprived of liberty indefinitely without due process of law, and for each day that its doors remain open, it becomes increasingly difficult for our Nation to claim the moral and ethical high ground.
We must close the detention facility at Guantanamo now, and this amendment will help us achieve that goal.
Mr. Chairman, I urge my colleagues to support this amendment, and I reserve the balance of my time.
Mr. Chairman, how much time do I have remaining?
Mr. Chairman, I yield myself 15 seconds.
I will simply observe that this amendment prohibits the President from transferring prisoners.
Do you really think that Donald Trump, the current President, needs the prohibition that he would transfer prisoners to maximum security prisons in the United States if it weren't safe to do so?
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, it costs the American taxpayer $10 million a year per detainee to keep a detainee in Guantanamo. To keep that same detainee in a Federal maximum security penitentiary in the United States would cost $78,000. That is a ridiculous waste of our military budget. Nobody has ever escaped from a Federal maximum security prison.
Transferring these prisoners to Federal maximum security prisons in the United States would pose no danger to anybody.
And yes, some of these prisoners may be the worst of the worst. Many are not. They were not all caught on the battlefield. Some of them were sold for bounties by people in different tribes or groups in Afghanistan. Some of them were not captured on battlefields at all. Some of them are innocent; some are not.
But to keep them in Guantanamo for $10 million each per year with no possibility of getting out is an affront to our values. It is an affront to our liberties. It is an affront to our military budget and to our pocketbooks, and it is, frankly, plain foolish.
I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I will not take 5 minutes. This amendment will strike section 1023 of the bill that prohibits the use of funds to construct or modify facilities in the United States for Guantanamo detainees. The provision is simply designed to further delay the transferred detainees out of Guantanamo and is unnecessary and counterproductive.
The arguments for this amendment and against it are essentially the arguments for and against the previous amendment that we just went through. That amendment prohibited the use of funds to transfer prisoners. This amendment prohibits the use of funds--this provision, rather, prohibits the use of funds to construct facilities in the United States to receive such transferees. It is essentially the same pros and cons.
I just want to mention, though, that yes, some of those detainees may be the worst of the worst, but they will still be detained. But some of them are not. They are people who were caught up in bounty situations where they were sold for money because we were giving a bounty if someone claimed that so and so had been in combat against us, but we didn't really know.
We now know mistakes were made. We may choose to say some of these people can go home, and others can stay in the United States. It is simply, again, a question that we shouldn't be
spending $10 million a person, instead of $78,000 a person, to hold them in secure facilities.
The other thing that Ms. Stefanik of New York said I must comment on, she said we are holding people in Guantanamo because if we transfer them to the United States they will enjoy the constitutional rights of prisoners in the United States, and that we don't want to do, for whatever reason. She didn't say.
But the fact of the matter is, Guantanamo was built for that purpose because it was thought by the Bush administration initially that people held outside of the Continental United States, in Guantanamo, which is in Cuba, not the United States, would not enjoy constitutional rights, could not use the writ of habeas corpus and other things.
However, a series of Supreme Court decisions said that was wrong. The prisoners held in Guantanamo Bay have the same constitutional rights as prisoners held in prisons in the Continental United States, so there is no difference on that whatsoever. You can look up the Supreme Court decisions. They are not secret.
And what it comes down to is a prejudice against holding people here because of a ridiculous fear that people will escape from maximum security prisons, which no one has ever done in the United States, and we can't hold dangerous terrorists here, and we shouldn't release terrorists.
But nobody is talking about releasing terrorists. And you can hold dangerous terrorists and dangerous mobsters, dangerous all kinds of people, in maximum security facilities in the United States.
There are really two things we should do: bring them to maximum security facilities in the United States because it saves a lot of money and because it removes a major recruiting tool for our enemies abroad. And, within constitutional rights, people should have the opportunity to have a hearing.
What is most offensive is not that they are at Guantanamo, as opposed to some prison in the United States, what is most offensive is that we are holding some people without any hearing, without any due process, essentially forever.
And yes, we have held people as prisoners of war during the pendency of a war. But we don't claim these people are prisoners of war. We don't give them the rights of prisoners of war. We are just holding them. I am not sure how we are holding them, but we are holding them with no claim of any kind of due process, with no finding that they have, in fact, been terrorists in an individual case; and that is just against all American values.
I reserve the balance of my time.
Mr. Chairman, I reserve the balance of my time.
I reserve the balance of my time.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, how much time do I have remaining?
Mr. Speaker, first of all, no one is proposing to release these people, although some probably should be released, but no one is proposing that, so take that red herring off the table.
Second of all, I, too, have visited Guantanamo, and I don't know how you tell by visiting Guantanamo that these prisoners are the worst of the worst, or not, just by looking at them.
Thirdly, again, they have the same constitutional rights there as here, so you are not changing anything. And bringing them to maximum security facilities in the United States, while it may cost some money if you had to increase the facilities first, instead of spending $445 million, or $10 million a detainee, you would be spending $78,000 a detainee, which would free up your military budget, part of it, for other things.
There is simply no rational reason for keeping these people in a military base in Guantanamo which simply serves as a recruiting tool and a measuring rod for our enemies abroad. So again, I urge the adoption of this amendment.
I yield back the balance of my time.