DOCSLIB.ORG

Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, FIRST SESSION

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, FIRST SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION Vol. 159 WASHINGTON, WEDNESDAY, SEPTEMBER 11, 2013 No. 119 Senate The Senate met at 10 a.m. and was appoint the Honorable EDWARD J. MARKEY, a derstanding that the time is equally di- called to order by the Honorable ED- Senator from the Commonwealth of Massa- vided between the two sides; is that WARD J. MARKEY, a Senator from the chusetts, to perform the duties of the Chair. right? Commonwealth of Massachusetts. PATRICK J. LEAHY, The ACTING PRESIDENT pro tem- President pro tempore. pore. The Senator is correct. PRAYER Mr. MARKEY thereupon assumed the f The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. SCHEDULE fered the following prayer: f Let us pray. RESERVATION OF LEADER TIME Mr. REID. Following leader remarks, Eternal God, You are our rock, our the time until 2:30 p.m. will be divided fortress, and our deliverer, for we find The ACTING PRESIDENT pro tem- and controlled between the two leaders refuge in Your sovereign leading. On pore. Under the previous order, the or their designees, with Senators per- this 12th anniversary of the September leadership time is reserved. mitted to speak for 10 minutes each. 11 attacks, we thank You for the wis- f There will be a remembrance ceremony on the east side of the Capitol. Mem- dom You provide us in our trying OBSERVING THE TWELFTH ANNI- bers will gather in the rotunda at 10:45 times. Through the terrorist attacks, VERSARY OF THE ATTACKS ON a.m. You helped us to become more aware of SEPTEMBER 11, 2001 our vulnerability as a Nation, to better f appreciate the heroes and heroines who The ACTING PRESIDENT pro tem- emerge during seasons of crisis, and to pore. Under the previous order, there REMEMBERING SEPTEMBER 11, 2001 discover how the worst of times can will now be a moment of silence to pay Mr. REID. Mr. President, I can re- bring out the best in us. tribute to the Americans whose lives member events 12 years ago so clearly. As our Nation again confronts pre- were taken on September 11, 2001. I was not far from here at the time. I carious challenges, use our lawmakers (Moment of Silence.) was in S–219, which is a meeting room. as instruments of Your peace, bringing f That is where Leader Daschle held his hope where there is despair and order leadership meetings every Tuesday RECOGNITION OF THE MAJORITY where there is chaos. morning at 9 a.m. I was the first one in LEADER We pray in Your great Name. Amen. the room. Senator John Breaux from f The ACTING PRESIDENT pro tem- Louisiana came in and said: Flip on the pore. The majority leader is recog- TV. There is something going on in PLEDGE OF ALLEGIANCE nized. New York. The Presiding Officer led the Pledge f We turned on the TV, and it looked of Allegiance, as follows: as though something happened in New I pledge allegiance to the Flag of the ORDER FOR MORNING BUSINESS York. We just thought an airplane had United States of America, and to the Repub- Mr. REID. Mr. President, I ask unan- malfunctioned or something had gone lic for which it stands, one nation under God, imous consent that the Senate be in a wrong to cause the plane to hit that indivisible, with liberty and justice for all. period of morning business until 2:30 tower. f p.m. this afternoon for debate only, So the meeting started and the TVs APPOINTMENT OF ACTING with all other aspects of the previous were off. We were doing our business of PRESIDENT PRO TEMPORE order being in effect. the day when suddenly a group of po- The ACTING PRESIDENT pro tem- lice officers came in and grabbed Sen- The PRESIDING OFFICER. The pore. Is there objection? Without objec- ator Daschle and took him outside. He clerk will please read a communication tion, it is so ordered. came back very quickly and said: to the Senate from the President pro Mr. REID. Mr. President, the Repub- There is an airplane headed for the tempore (Mr. LEAHY). lican leader and I have spoken, and we Capitol. We have to get out of here. The legislative clerk read the fol- are working on a way forward based on There was a lot of confusion, to say lowing letter: the President’s speech and what has the least, as staff and Senators were U.S. SENATE, happened over the last few days. He ordered out of the buildings—plural. As PRESIDENT PRO TEMPORE, Washington, DC, September 11, 2013. and I will confer shortly again, but we left S–219, we looked out the win- To the Senate: right now we will be in a period of dow toward the Pentagon, and smoke Under the provisions of rule I, paragraph 3, morning business. Senators may talk was billowing out of it. We could see it of the Standing Rules of the Senate, I hereby about whatever they want. It is my un- so very plainly. At that time we didn’t ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6337 . VerDate Mar 15 2010 23:35 Sep 11, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.000 S11SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S6338 CONGRESSIONAL RECORD — SENATE September 11, 2013 know what was happening; we just breathe. We could see the perspiration will report back at a later time. Amer- knew we had been ordered to get out of on some of them. They dumped water ica must remain vigilant and ready to the building. on them—anything to give them some use force if necessary, and Congress Of course, we all have memories of relief. The video showed rows of dead should not take the threat of military what took place that day. I was the as- people. Hundreds of them were little action off the table. sistant leader, as was Senator Nickles children. Some of them were dressed in I want to spend a little time talking from Oklahoma. Senator Lott was the their play clothes, little fancy, colorful to Senator MENENDEZ, the chair of the Republican leader, and Senator T-shirts. committee. I want to talk to other Daschle was the Democratic leader. We Even as we pay tribute to America’s Senators who are trying to work some- were taken in helicopters from the tradition of freedom for every citizen thing out on their own, and I will do west front of the Capitol to a secure lo- across the globe, an evil dictator denies that. cation. When I was taken to the west its citizens not only their right to lib- Leaders in Damascus and Moscow front of the Capitol, the scene was erty but also their right to live. The should understand that Congress will eerie to say the least. There were lots Asad family is pretty good at killing be watching these negotiations very of people in black uniforms trying to people. The New York Times had an ar- closely. If there is any indication this create order out of confusion. Without ticle over the last 24 hours about his is not serious—that it is a ploy to going into a lot of detail, we went to a dad, because of the failed assassination delay, to obstruct, to divert—then I location, and the Vice President was attempt, killing 30,000 people he think we have to again give the Presi- there. He met with us and kept us in- thought needed to be killed—30,000. dent the authority to hold the Asad re- formed as to what was going on with That country, Syria, denies its citizens gime accountable. So it is our deter- the President. We spent the day there the right to liberty, but even more sig- mination not to let Asad’s atrocities go and then came back to the west front nificant the right to live. unanswered. How we answer is a ques- of the Capitol, where all Members of Yesterday I showed the video at the tion we will continue to pursue. But it Congress gathered. BARBARA MIKULSKI, caucus. No one wanted to see it. I is very clear that we wouldn’t be where for lack of anyone having a better sug- didn’t want to see it again. It was all I we are today—even my friend, the jun- gestion, said: We should sing ‘‘God could do to glance up. I had already ior Senator from Kentucky, today said Bless America.’’ She got the song seen it. Those visions will always be in the reason we are having the possi- started, and that was extremely memo- my mind. I showed my Senators a bility of a deal is because of the Presi- rable. video of this: little boys and girls and dent threatening force. We are going to have a ceremony in grown men with their eyes crusted, It is interesting. Asad has even de- a few minutes out front, and I will talk frothing from the mouth. It was such nied, until just recent hours, ever even a little bit there. The four leaders have unspeakable scenery. They were con- having had chemical weapons. So it is been asked to talk out there. vulsing, writhing, spasms from the poi- in Syria’s power to avoid these strikes, We did have a moment of silence re- son gas he used to murder his victims.
Load more

Recommended publications
  • No-Hearing Hearings
    NO-HEARING HEARINGS CSRT: THE MODERN HABEAS CORPUS? AN ANALYSIS OF THE PROCEEDINGS OF THE GOVERNMENT’S COMBATANT STATUS REVIEW TRIBUNALS AT GUANTÁNAMO By Mark Denbeaux Professor, Seton Hall University School of Law and Counsel to two Guantanamo detainees Joshua Denbeaux, Esq. Denbeaux & Denbeaux David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner Students, Seton Hall University School of Law 1 NO-HEARING HEARINGS AN ANALYSIS OF THE PROCEEDINGS OF THE GOVERNMENT’S COMBATANT STATUS REVIEW TRIBUNALS AT GUANTÁNAMO EXECUTIVE SUMMARY In the wake of the Supreme Court’s decision that the United States Government must provide adequate procedures to assess the appropriateness of continued detention of individuals held by the Government at Guantánamo Bay, Cuba, the Department of Defense established the Combatant Status Review Tribunals (“CSRT”) to perform this mission. This Report is the first comprehensive analysis of the CRST proceedings. Like prior reports, it is based exclusively upon Defense Department documents. Most of these documents were released as a result of legal compulsion, either because of an Associated Press Freedom of Information request or in compliance with orders issued by the United States District Court in habeas corpus proceedings brought on behalf of detainees. Like prior reports, “No Hearing Hearings” is limited by the information available. The Report documents the following: 1. The Government did not produce any witnesses in any hearing and did not present any documentary evidence to the detainee prior to the hearing in 96% of the cases. 2. The only document that the detainee is always presented with is the summary of classified evidence, but the Tribunal characterized this summary before it as “conclusory” and not persuasive.
    [Show full text]
  • 15-L-1645/DOD/194 (B)( 1) (B)(3) Natsecact
    (b)(i) (b)(3) NatSecAct TSnSC'l' Verbatim Transcript of Combatant Status Review Tribunal Heanng for JS~ 10024 OPENING REPORTER; On the record RECORDER: All rise. PRESIDENT: Remain seated and come to order. Go ahead. Recorder. RECORDER: This Tribunal is being conducted at 1328 March I 0. 200 • on board C .S. Naval Base Guantanamo Bav. Cuba. The following personnel are present: Captain (b)(6) United States Navy, President Lieutenant Colonel b) 6) • Cnited States Air Force, Member Lieutenant Colonel (b)(6) United States Marine (,lrps, Member Lieutenant Colonel (b)(6) , United States Air Fnrce. Personal Represemati,e LanguageAnalysis (b)(6) Gunnery Sergeant ----(b)(6) ..........l nited States Marine Corps. Reporter Lieutenant Colone·ffl~:o:")--,. United States Army, Recorder Captain (b)(6) 1s e gc Advocate member ,lfthe Tribunal. OATH SESSION1 RECORDER: All Ri:;c. PRESIDEl\:T: The Recorder will be sworn. Do you, LieutenantColoneJ!(b)(6) I solemnly swear that you will faithfullyperform the duties as Recorderassigned in this Tribuna! so help you Go<l'1 RECORDER: I do. PRESIDENT: The Reporter will now be sworn. The Recorder will administer tnc oath. RECORDER: Uo you Gunnery Sergeant !(b)(6) pwear or affirm that y<iu will faithfully disl~hargeyour duties as Reporter assigned in this Tribunal ro help you God? REPORTER: I do. PRESIDENT: The Translator will be sworn. JSN 1110024 Enclosure (3) Page I of27 (b )( 1) (b)(3) NatSecAct 15-L-1645/DOD/194 (b)( 1) (b)(3) NatSecAct TS:/SCF RECORDER: Do you swear or amnn that you will faithfully perfonn the duties of Translator in the case now in hearing so help you God? TRANSLATOR: l do PRESIDENT: We will take a brief recess now in order in to bring Detainee into the room.
    [Show full text]
  • Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate
    Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate Denis Steven Rutkus Specialist on the Federal Judiciary February 19, 2010 Congressional Research Service 7-5700 www.crs.gov RL31989 CRS Report for Congress Prepared for Members and Committees of Congress Supreme Court Appointment Process Summary The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular President’s years in office. Under the Constitution, Justices on the Supreme Court receive lifetime appointments. Such job security in the government has been conferred solely on judges and, by constitutional design, helps insure the Court’s independence from the President and Congress. The procedure for appointing a Justice is provided for by the Constitution in only a few words. The “Appointments Clause” (Article II, Section 2, clause 2) states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court.” The process of appointing Justices has undergone changes over two centuries, but its most basic feature—the sharing of power between the President and Senate—has remained unchanged: To receive lifetime appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Although not mentioned in the Constitution, an important role is played midway in the process (after the President selects, but before the Senate considers) by the Senate Judiciary Committee.
    [Show full text]
  • Presidential Authority and the War on Terror
    PRESIDENTIAL AUTHORITY AND THE WAR ON TERROR Joseph W Dellapenna" I. INTRODUCTION ......................................... 25 II. THE POWERS GRANTED THE PRESIDENT ..................... 27 III. THE POWERS TAKEN BY THE PRESIDENT ..................... 30 IV. PRESIDENT BUSH REACTS TO 9/11 .......................... 38 V. THE DENOUEMENT, PERHAPS 21 ........................... 44 VI. CONCLUSIONS .......................................... 46 [I]t is an established fact that documents justifying and authorizing the abusive treatment ofdetainees during interrogation were approved and distributed .... [T]his policy demonstrates that this war has tested more than our nation's ability to defend itself. It has tested our response to our fears and the measure of our courage. It has tested our commitment to our most fundamental values and our constitutional principles.' I. INTRODUCTION Immediately after the attacks on the United States of September 11,2001, President George W. Bush authorized the National Security Agency to undertake electronic surveillance in violation of the Foreign Intelligence Surveillance Act.2 This was only the first step of an expansive set of claims for the President to act on his own authority to respond to the "war on terror," without regard to whether Congress or the courts would approve or support * Professor of Law, Villanova University School of Law; B.B.A., University of Michigan (1965); J.D., Detroit College of Law (1968); LL.M. in Public International & Comparative Law, George Washington University (1969); LL.M. (Environmental Law), Columbia University (1974). 1. Alberto J. Mora, AnAffront to American Values, WASH. POST, May 27, 2006, at A25. Mr. Mora retired as Navy General Counsel in 2005. 2. Am. Civil Liberties Union v. Nat'l Sec.
    [Show full text]
  • Enemy Combatants": Modern Lessons from Mr
    Vanderbilt University Law School Scholarship@Vanderbilt Law Vanderbilt Law School Faculty Publications Faculty Scholarship 2004 The rP esident's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War Ingrid Wuerth Follow this and additional works at: http://scholarship.law.vanderbilt.edu/faculty-publications Part of the Law Commons Recommended Citation Ingrid Wuerth, The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War, 98 Northwestern University Law Review. 1567 (2004) Available at: http://scholarship.law.vanderbilt.edu/faculty-publications/43 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law School Faculty Publications by an authorized administrator of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Copyright 2004 by Northwestern University, School of Law Printed in U.S.A. Northwestern University Law Review Vol. 98, No. 4 THE PRESIDENT'S POWER TO DETAIN "ENEMY COMBATANTS": MODERN LESSONS FROM MR. MADISON'S FORGOTTEN WAR IngridBrunk Wuerth° I. INTRODUCTION The War of 1812 seems an improbable source for answers to modem questions about the President's power as Commander in Chief.' James Madison was not a strong wartime President and the office of Commander in Chief did not really come into its own until Lincoln took the helm almost half a century later.2 Modem scholarship on the President's war powers has 3 little time for the first declared war of the new 4republic, dubbed "Mr. Madison's war" by contemporaries who opposed it.
    [Show full text]
  • C05403116 O (B)(1) (B)(3)
    C05403116 o (b)(1) (b)(3) Verbatim Transcript ofCombatant Status Review TribunalHearing for ISN 10024 OPENING REPORTER: On the record RECORDER: All rise. PRESIDENT: Remain seated and come to order. 00 ahead, Recorder. RECORDER: This Tribunal is being conducted at 1328 March 10,2007 on board U.S. Naval Base Guantanamo Ba , Cuba. The following personnel are present: Captain U it tates Navy, President Lieutenant Colonel United States Air Force, Member Lieutenant Colonel United States Marine Corps, Member Lieutenant Colonel United States Air Force, Personal Representative Language Analysi Gunnery Sergeant 'ted States Marine Corps, Reporter Lieutenant Colone United States Army, Recorder Captain is the Judge Advocate member ofthe Tribunal. OATH SESSION 1 RECORDER: All Rise. PRESIDENT: The Recorder will be sworn. Do you, Lieutenant Colonel solemnly swear that you will faithfully perform the duties as Recorder assigned in this Tribunal so help you God? RECORDER: I do. PRESIDENT: The Reporter will now be sworn. The Recorder will administer the oath. RECORDER: Do you Gunnery Sergeant"swearor affirm that you will faithfully discharge your duties as Reporter assigned in this Tribunal so help you God? REPORTER: I do. PRESIDENT: The Translator will be sworn. ISN#10024 Enclosure (3) Page I of27 C05403116 RECORDER: Do you swear or affirm that you will faithfully perform the duties ofTranslator in the case now in hearing so help you God?' TRANSLATOR: I do. PRESIDENT: We will take a brief recess now in order in to bring Detainee into the room. Recorder note the date and time. RECORDER: The time is I:30 pm hours on 10 March 2007.
    [Show full text]
  • ACLU-RDI 574 P.1 DODDON-000496 UNCLASSIMED//FOU0
    UNCLASSIFIED//FOU0 UNCLASSIFIED SUMMARY OF BASIS FOR TRIBUNAL DECISION (Enclosure (1) to Combatant Status Review Tribunal Decision Report) TRIBUNAltai #7 ISN #: 3 1. Introduction As the CombatantStatus Review Tribunal (CSRT) Decision Report indicates, the Tribunal has determined that this detainee is properly classified as an enemy combatant and was part of or supporting Al Qaida forces. In reaching its conclusions, the Tribunal considered both classified and =classified information. The following is an account of the unclassified evidence considered by the Tribunal and other pertinent information. Classified evidence considered by the Tribunal is discussed in Enclosure (2) to the CSRT Decision Report. 2. Synopsis of Proceedings The Tribunal commenced this hearing on 2 October 2004. The Recorder presented Exhibit R-1, the Unclassified Summary of Evidence, during the unclassified portion of the Tribunal. It indicates, among other things, that the detainee admits he served as a personal driver to.Usanut Bin Laden (UBL) both before and after the attacks of 11 September 2001; admits he served as a member of UBL's bodyguard detachment and armed himself with a weapon; and admits was captured by Northern Alliance forces in the vicinity of Kandahar in possession of a weapon. The Recorder presented several other unclassified exhibits, including the detainee's Petition for Writ o led in the U.S. District Court for the Western District of Washington. The Recorder led no witnesses. The detainee participated actively in the Tribunal process. His Personal Representative submitted documents on his behalf, including a signed, sworn affidavit dated 9 February 2004 (Exhibit D-b). In the sworn affidavit, the Detainee admits he worked for Usama Bin Laden as a driver, the latest period being from February 2001 until after the Northern Alliance began its October 2001 offensive with American support.
    [Show full text]
  • Congressional Authorization and the War on Terrorism
    VOLUME 118 MAY 2005 NUMBER7 HARVARD LAW REVIEW ARTICLE CONGRESSIONAL AUTHORIZATION AND THE WAR ON TERRORISM Curtis A. Bradley and Jack L. Goldsmith TABLE OF CONTENTS I. IN T R O D U C T IO N ...................................................................................................................... 2048 II. Two MISCONCEPTIONS ABOUT THE AUMF ............................................................ 2056 A. War Declarations and Force Authorizations................................................................... 2057 B . Is This a "Real" W ar? .......................................................... .............................................. 2o 66 III. THE AUMF IN HISTORICAL PERSPECTIVE ................................................................... 2072 A. Historical Comparisonof Authorizations To Use Force ................................................ 2072 B . The Septem ber i8, 2oo A UM F ...................................................................................... 2078 IV. ADDITIONAL INTERPRETIVE FACTORS RELEVANT TO C ON STRUIN G TH E AU M F ................................................................................................. 2083 A. E xecutive Branch Practice......................................................................................... 2085 B. The AUMF and the InternationalLaws of War........................................................ 2o88 i. The Laws of War as a Source of Authorized Powers ................................................ 2091 2. The Laws of War as a Limitation
    [Show full text]
  • 15-L-1645/DOD/30 PRESIDENT: We Wlll Ta.Ke a Brief Recess Now in Order to Bring the Detainee Into the Room
    Verbatim Transcript of Combatant Status Review Tribunal Hearmg, for ISN 10018 OPENING REPORTER: On the record. PRESIDENT Remain seated and come to order. Please proceed, Recorder. RECORDER: I his ·1 rihunal 1s hcing conduc1cd at 1329. 30 March 200 7 on board U.S. Naval Base G • ' · · 'uha I he following personnel are present· Captain (b)(6) . llni1ed States Nav}. President Lieutcnanl Colonel (b)(6) lJnitcc! Stales Air Force. t-.·1emher • (b)(6) . : mted States Marine ( •>rps. Member """"~...._.,......,_..__~ . linitcd States Air l·orcc. Persona! i<\.·presentall\"C . ·1 ranslator ..G.,,.._ w_11_1c_rv_,,,,,Sc-,r-,... cam l(b)(6) I. llnited Slates Marine CNps. Reporter Majt'r (b (6 . 1..in1tcd States Air Force. Recordt:r Captain (b)(6) 1s the Judge Advocate member .if the Tribunal. OATH SESSION 1 lffCORDER: All Rise ·PRESIDENT: The Recorder will be sworn Do you. Major j(b)(6) l solemnly swcar 10 carry out the duties as !~ecnrder assigned in this Tribunal so hl'lp you God? RH'ORDER: I d1> . PRF.SJDE~·i : l'he Reporter will now be sworn. The Recorder will ad1111nistcr the oath . RFCOROF.R· Do you, Gunnery Sergean¥ b)(6) l.swear that you \v11! faithfully dischargc your duties"" assigned in this Trihnn:.il ~o hdp you God' REPORTER I do. , PRESJDE~T: The ·1ranslator will now Ix: sworn. RECORDER: 110 you c:wear or affirm that you will fonhfully perform the dutic!' of Translator in '. lb: case now in hearing. so help you <iod" TR/\~SLATOR : I do. ISN #10018 Enclosure (3) _l'a]C ~ of 37 15-L-1645/DOD/30 PRESIDENT: We wLll ta.ke a brief recess now in order to bring the Detainee into the room.
    [Show full text]