Mr. Chairman, if the gentleman's amendment merely required the President to come up with a plan that Congress and the American people could look at on exactly what he would do and how he would do it to close Guantanamo, including what the…
Mr. Chairman, if the gentleman's amendment merely required the President to come up with a plan that Congress and the American people could look at on exactly what he would do and how he would do it to close Guantanamo, including what the costs would be, where he would move them, what the cost of security wherever he would move them would be, I might support that.
The truth of the matter is in all the time since the President has been in office, he has not come up with a specific plan that has gotten the support of the American people or this Congress. Even when Democrats controlled both Houses of Congress, they were not able to pass any legislation to close Guantanamo.
So if he can put a plan together that gets the support of the Congress, support of the American people, I think that may be a step forward. But to say we are going to close it and, oh, by the way, along the way you can tell us what you are doing and how you are doing it, that is putting the cart before the horse.
The President needs to get the support of the American people. So far he has not done that. The American people have been clear: they are uncomfortable with those detainees coming here. Therefore, it is premature to close it, and this amendment should be rejected.
Mr. Chairman, I claim the time in opposition.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. McKeon), the distinguished chairman of the committee.
Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, this amendment has previously been defeated in the House. Members have voted on it before, and I think it should be defeated again.
This is the underwear bomber case. A foreign terrorist flies into the U.S. in order to kill as many Americans as possible. The bomb malfunctions, the terrorist is captured, he is immediately given under the amendment American constitutional rights, including the right to remain silent.
Now, in fact, the underwear bomber was questioned for about 50 minutes before the FBI gave him his Miranda rights and he quit talking. But meanwhile, when he knows he has the right to remain silent, he quits talking, we have no idea how many more bombers there are, where they may be, or how we may be attacked again.
Actually, this amendment goes further than the Obama administration even wants to, because the administration has admitted that there are several dozen terrorists in Guantanamo that cannot be tried in article III courts and are too dangerous to release. So what happens to them under this amendment? If they can't be tried, they are released.
Especially if you put this amendment with the previous amendment, they come here to the United States, they can't be tried in article III courts because it reveals too much information, so what do you do with them? That is part of the problem. We need this flexibility for indefinite detention.
Secondly, the Supreme Court has held that this right of detention goes hand-in-hand with an authorization for the use of force. I believe probably constitutionally the President has that authority when he has the authority to use military force. So trying to take it away not only limits the options, it is impractical in this case.
It is, of course, true that everybody detained has that right of habeas corpus to contest their detention in front of an article III court, as the gentleman said, even those foreigners held in Guantanamo. But to say that everybody immediately goes into the court system I think would be compromising our security.
I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, admittedly, there are some difficult issues involved in detention, particularly with this war against terrorists that we are involved in.
But you have got to look at the bigger picture, and part of what one needs to look at is how one is going to deal with these situations. We just debated an amendment where the argument was close Guantanamo. Now we have an amendment on the other hand that says everybody that is here, including the people presumably that we would bring back from Guantanamo when it was closed, automatically and immediately goes to article III courts.
It is not my argument that some of the people in Guantanamo cannot be tried in article III courts. That is what the administration tells us.
So how does this fit together?
It doesn't, not without releasing very dangerous people out into society or into the world.
Secondly, when it is clear that you have greater rights when you come to the United States, rather than if you attack us from some other place, the incentive is to come to the United States because that is where you are given the greater rights. That is the perverse incentive under this amendment. It would be a mistake.
I yield back the balance of my time.
Madam Chair, I claim the time in opposition.
Madam Chair, I yield myself 3 minutes.
Madam Chair, as the gentleman indicates, he offered this amendment last year, and it failed, and I believe it should fail again.
As the gentleman knows, I believe very strongly that the AUMF should be updated. In fact, this House has voted twice to update it, but then the Senate failed to take any action whatsoever, and I don't think there is any reason to believe that there is any more likely prospect of the Senate acting now than before.
So what this amendment would do, it would be to repeal the AUMF against terrorists, without anything, anything at all to replace it and, frankly, without any prospect of having anything to replace it, at least in this Congress, so we would be left with no authority to take action against terrorists bent on killing Americans.
I can't help but note, Madam Chair, that they just opened the 9/11 museum in New York in the last few days. Have we forgotten so quickly about what this AUMF is all about?
One other factor, the President has made some comments about engaging Congress on this issue, but he has exercised absolutely no leadership whatsoever in doing so. What does the President propose, if he proposes an update to the AUMF?
We have no idea. Unfortunately, that lack of leadership is all too common for this administration.
Meanwhile, what is happening in the world? Well, terrorism is growing, and it is getting more dangerous. I note there was a New York Times story just 3 days ago, where the new director of the FBI says that, before he was sworn in and got access to the latest information, he underestimated the terrorist threat.
``I didn't have anywhere near the appreciation I got after I came into this job just how virulent those affiliates had become,'' Mr. Comey said. ``There are many more than I appreciated, and they are stronger than I appreciated.''
Yet the Obama administration, Madam Chairman, wants us to believe that terrorism is done; we have got them on the run. Everybody's going to live happily ever after. That sort of wishful thinking is not only unrealistic, it is dangerous.
As a matter of fact, Richard Haass, the president of the Council on Foreign Relations, has written within the last month that:
American foreign policy is in troubling disarray.
David Brooks wrote in The New York Times:
All around, the fabric of peace and order is fraying.
I would suggest that a substantial part of that disarray and fraying is the sort of wishful thinking that we can wish terrorism and other problems away and go along and the world is not going to bother us.
In other words, short-term political messaging is taking precedence over longer-term strategic interests; so repealing the current authority that helps the military protect us against terrorism, without something to take its place, is exactly that kind of wishful thinking.
Madam Chair, I reserve the balance of my time.
Madam Chair, I reserve the balance of my time to close.
Madam Chair, I yield myself the balance of my time.
Madam Chair, the gentleman argues that, oh, we don't really need these authorities, that there are other authorities.
Well, either they are important, or they are not. Either article I, section 1 makes a difference in what the President can do to defend the country, or it is all superfluous, and I don't know why we continue to have these debates and declare war.
Obviously, there are different views about how far a President's power under article II goes, but most people believe article I, section 8 means something and that for the Congress to authorize the use of military force means something.
I would say, parenthetically, the last thing we need is to get all balled up in court arguing about this after we have repealed the AUMF, but have nothing to take its place.
Secondly, the gentleman argues that: well, we are not going to do anything unless we make a deadline.
I hate to remind us all, but we have had deadlines before that we have not exactly met. Unfortunately, repealing something this serious without something to take its place is a dangerous game, I think, to play.
The evolution of al Qaeda is a very serious issue, Madam Chair. We should be having a conversation about how to update the Authorization for Use of Military Force, but we still have to protect the country while we are having that discussion.
Unfortunately, this puts the cart before the horse, deciding to repeal before we know what will be used to replace it.
This amendment is not about Afghanistan, Yemen, Mali, Somalia, or anywhere else. This amendment is about us. This is about protecting Americans, and when the President and the military have the authority that the Constitution allows us to give them to protect the country, we should not abandon that lightly.
The world is still dangerous. The terrorists are still coming for us. We need to keep this in place unless and until there is a more updated AUMF to replace it.
Madam Chairman, I oppose the amendment and yield back the balance of my time.