Congressional Record: April 30, 2007 (Senate)
Page S5307-S5308



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN:
  S. 1249. A bill to require the President to close the Department of
Defense detention facility at Guantanamo Bay, Cuba, and for other
purposes; to the Committee on Armed Services.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
to close the U.S. detention facilities at Guantanamo Bay, Cuba.
  Guantanamo has become a lightning rod for international condemnation.
Both allies and enemies have decried the stories of detainee abuse and
the U.S. refusal to acknowledge that the individuals held at Guantanamo
are legally entitled to be treated in accord with the Geneva
Conventions. In short, the continued use of Guantanamo is causing more
damage than benefit in our war on terrorism.
  The Supreme Court determined last summer that the Geneva Conventions
applies to Guantanamo detainees, and Congress passed the Military
Commissions Act in response. There remain court challenges and policy
questions as to whether the proceedings at Guantanamo are now legal.
What is clear, however, is that, whether legal or not, Guantanamo is
harming our national interests.
  This is not solely my view.
  Secretary of Defense Gates testified recently before the House
Defense Appropriations Subcommittee. He said, ``I came to this position
believing that Guantanamo should be closed. I know that people have
expressed that as a wish. The president has expressed it as a wish.''
The Secretary remarked that Guantanamo has ``a taint about it.''
  According to media accounts, the current and former Secretaries of
State, Condoleezza Rice and Colin Powell, share this view.
  Unfortunately, these expressions will not necessarily lead to
concrete action. On March 23, White House Press Secretary Tony Snow
stated that it was unlikely that the Guantanamo detention facility
would close during the Bush Presidency.
  That is unfortunate, but I think the way forward is now clear. It is
time to close the detention facilities at Guantanamo, and it is time
for the Congress to act. And so today I am proud to offer legislation
to end detention operations at Guantanamo within a year.
  Approximately 750 enemy combatants--including individuals believed to
be Taliban fighters or al-Qaida irregulars have been sent to Guantanamo
since January 11, 2002. Roughly 385 are there today, and it is
estimated that only 60 to 80 of them will ever be charged. According to
a Pentagon spokesman last month, another 80 detainees remain at
Guantanamo despite having been cleared for transfer or release.
  This is an untenable situation.
  Let me be clear. I have no room in my heart for al-Qaida members or
affiliates. I know full well that they would kill innocent Americans
given half the chance. But the people in this administration who have
made these decisions have never recognized that it is not just for the
detainees' sake that we comply with U.S. and international law, it is
to our benefit as well.
  As Senator McCain and GEN Colin Powell have forcefully argued, we
treat individuals in accordance with international law to ensure that
Americans captured in battle are treated likewise.
  Unfortunately, due to the administration's decision not to apply
Article 3 of the Geneva Conventions and to allow new interrogation
techniques, there have been abuses. These have been documented, among
other places, in the official report by Air Force LTG Randall Schmidt
on June 9, 2005.
  Ironically, use of these techniques not only turned the tide of world
opinion and shocked our consciences, but they are inconsistent with
producing accurate intelligence.
  The second major result from mistaken administration policies has
been our fall from the world's leader in the realm of ideals, not just
in power.
  The detentions at Guantanamo have been decried, from moral leaders
such as Archbishop Desmond Tutu to political leaders like Tony Blair.

[[Page S5308]]

  Archbishop Tutu said, ``I never imagined I would live to see the day
when the United States and its satellites would use precisely the same
arguments that the apartheid government used for detention without
trial. It is disgraceful.''
  Prime Minister Blair commented that Guantanamo Bay is an ``anomaly
that at some point has to be brought to an end.''
  While world leaders and various offices of the United Nations have
criticized Guantanamo, terrorists around the world have used it to
rally new recruits. Just like the horrible scenes from Abu Ghraib, we
have found evidence that the disrespect for Islam and the Koran at
Guantanamo has helped breed a new generation of terrorists.
  The legislation that I introduce today would close the Guantanamo
detention facilities within a year of enactment.
  Everyone being held at that time would have to be transitioned to an
alternative legal status. There are five major options. Detainees could
be transferred to a civilian or military facility in the United States
and charged with a violation of U.S. or international law for
prosecution in a civilian or military proceeding; transferred to a
facility in the United States for continued detention, for individuals
judged to be enemy combatants; transferred to any international legal
tribunal that may be authorized for this purpose; transferred to their
home nation or a third-party government for further processing. This
would require that the Government obtain the required assurances that
the detainee will not be tortured or otherwise handled in a matter
against international law; or for detainees judged to pose no
continuing security threat to the United States or our allies,
released.

  What would this accomplish?
  First, and most importantly, it would end the stain on America's
reputation and reiterate that we are a nation of laws and justice.
  Second, moving trials to the United States, whether under the
military commission process or otherwise, would enhance the credibility
of those proceedings. As Secretary Gates testified, ``no matter how
transparent, no matter how open the trials, if they took place at
Guantanamo in the international community, they would lack
credibility.''
  Finally, moving detainees to the mainland would ease the logistics of
trials and oversight. It would obviate the need for the government to
run its own airline business shuttling Members of Congress, lawyers,
reporters, and military police to Guantanamo.
  Some will argue that closing Guantanamo will damage our security. Let
me make clear: I am not for releasing any terrorist, any Taliban
fighter, or anyone that we will have to face again on the battlefield.
  We have high-security prisons and military brigs around the nation
and know how to keep prisoners from harming the local population. In
fact, the Justice Department has successfully convicted Sheikh Omar
Abdel-Rahman and Ramzi Yousef for their roles in the first World Trade
Center bombing. Jose Padilla was held in a naval brig, and is currently
awaiting a trial in the United States. Our military and criminal
justice systems are up to this task.
  Nor is it the case that moving detainees from Guantanamo will hinder
our ability to gain intelligence from them. In fact, the majority of
detainees are not being interrogated at Guantanamo, and almost none of
them have any actionable intelligence left after imprisonment for
years.
  Finally, I am aware that legislation has been introduced to amend the
Military Commissions Act, especially with regard to its habeas corpus
provisions. I support these efforts. But legal experts have testified
that moving detainees to the United States would have little impact on
the Government's ability to prosecute them. The procedures of the
Military Commissions Act, or any other court martial or criminal
proceeding, do not depend on the location of the trial. Indeed, the
Supreme Court has already held that legal process at Guantanamo is
subject to U.S. law.
  As I said at the beginning of my remarks, it is our responsibility to
ensure that the war on terror is being fought in a way that maximizes
our ability to prevail. The situation at Guantanamo has impeded our
success. It has strained our relations with key allies. It has provided
fodder to our detractors. And it has dampened the national support we
need to keep fighting our enemies.
  After more than 5 years, it is time to close this prison. I urge my
colleagues to support this legislation.
  I ask that the text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

                                S. 1249

       Be it enacted by the Senate and House of Representatives of
     the United States of America in Congress assembled,

     SECTION 1. REQUIRED CLOSURE OF GUANTANAMO BAY DETENTION
                   FACILITY.

       (a) Closure of Detention Facility.--Not later than one year
     after the date of the enactment of this Act--
       (1) the President shall close the Department of Defense
     detention facility at Guantanamo Bay, Cuba; and
       (2) all detainees detained at such facility shall be
     removed from the facility and--
       (A) transferred to a military or civilian detention
     facility in the United States and charged with a violation of
     United States or international law and tried in an Article
     III court or military legal proceeding before a regularly-
     constituted court;
       (B) transferred to a military or civilian detention
     facility in the United States without being charged with a
     violation of law if the detainee may be held as an enemy
     combatant or detained pursuant to other legal authority as
     Congress may authorize;
       (C) transferred to an international tribunal operating
     under the authority of the United Nations with jurisdiction
     to hold trials of such individuals;
       (D) transferred to their country of citizenship or a
     different country for further legal process, provided that
     such country provides adequate assurances that the individual
     will not be subject to torture or cruel, inhuman, or
     degrading treatment; or
       (E) released from any further detention.
       (b) Immigration Status.--The transfer of an individual
     under subsection (a) shall not be considered an entry into
     the United States for purposes of immigration status.
                                 ______