E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION Vol. 162 WASHINGTON, WEDNESDAY, FEBRUARY 24, 2016 No. 29 Senate The Senate met at 9:30 a.m. and was research project than anything. It does to have to comply with the legal re- called to order by the President pro call on Congress, however, to act. It strictions.’’ tempore (Mr. HATCH). turns out we already have. Congress Breaking the law as a way to sup- f has repeatedly, over and over again, posedly uphold the rule of law is just as voted to enact clear, bipartisan prohi- absurd as it sounds. It is time that the PRAYER bitions on the very thing the President President finally ruled that option out The Chaplain, Dr. Barry C. Black, of- is again calling for, and that is the categorically, and then he should fi- fered the following prayer: transfer of Guantanamo Bay terrorists nally move on from a years-old cam- Let us pray. into our local communities. We have paign promise and focus on the real O God, we would rest in You, for You enacted bipartisan prohibitions in Con- problem that needs solving today. alone can bring order to our world. gresses with split party control. We My own hope is that the Commander Reveal Yourself to our Senators, have enacted bipartisan prohibitions in in Chief will not put his own chain of guiding them on the path of peace. May Congresses with massive, over- command in the position of having to they place behind them disappointed whelming Democratic majorities. Just carry out an unlawful direct order. hopes, fruitless labor, and trivial aims a couple of months ago, Members of But, look, closing Guantanamo and as they lean on You for comfort and Congress in both parties expressed transferring terrorists to the United strength. Rebuke their doubts. themselves clearly one more time—not States didn’t make sense in 2008, and it Strengthen the good in them so that once, but twice, and on an over- makes even less sense today. We are a nothing may hinder the outflow of whelming bipartisan basis. President nation at war. The administration’s ef- Your power in their lives. Obama signed these bipartisan prohibi- forts to contain ISIL thus far have not Give might to the weak and renew tions into law as well. So let’s not pre- succeeded. The next President may the strength of the strong. tend there is even the faintest of pre- very well want to pursue operations We pray in Your Holy Name. Amen. tenses for some pen-and-phone gambit that target, capture, detain, and inter- f here. rogate terrorists because that is how Congress has acted clearly, repeat- terrorist networks are defeated. Why PLEDGE OF ALLEGIANCE edly, and on a bipartisan basis. The would we take that option away from The President pro tempore led the President now has the duty to follow the next Commander in Chief now? Pledge of Allegiance, as follows: the laws he himself signed. It shouldn’t Let’s be clear: The two options on I pledge allegiance to the Flag of the be that hard when you consider his ad- the table are not keeping Guantanamo United States of America, and to the Repub- monition yesterday about ‘‘upholding open or closing it, but keeping Guanta- lic for which it stands, one nation under God, the highest standards of rule of law.’’ namo terrorists at Guantanamo or indivisible, with liberty and justice for all. He said: ‘‘As Americans, we pride our- moving them to some Guantanamo f selves on being a beacon to other na- North based in a U.S. community. tions, a model of the rule of law.’’ That RECOGNITION OF THE MAJORITY Changing the detention center’s ZIP is interesting in light of a recent GAO LEADER Code is not a solution. It is not even se- ruling that the administration’s de- rious. The PRESIDENT pro tempore. The tainee swap of Taliban prisoners for The fact that the President missed a majority leader is recognized. Bowe Bergdahl violated the law. It is deadline for submitting a plan to de- GUANTANAMO DETAINEES especially interesting in light of the feat ISIL last week—presumably be- Mr. MCCONNELL. Mr. President, President’s continuing refusal to rule cause he was just too busy working on President Obama has left the American out breaking the law if he doesn’t get his ancient campaign promise—is com- people to wait for many years for a se- his way on Guantanamo. President pletely unacceptable. rious plan—one that poses no addi- Obama’s own Attorney General says he Some of the most senior national se- tional risk to our Nation or our Armed cannot unilaterally do that. It is clear. curity officials within President Forces, for instance—in pursuit of his President Obama’s own Defense Sec- Obama’s own administration are al- desire to close a secure detention facil- retary says he cannot unilaterally do ready working to better position the ity at Guantanamo Bay. Americans that. President Obama’s own top mili- next President for the national secu- have been waiting for 7 long years to tary officer says he cannot unilaterally rity challenges we will face in 2017. It find out what the serious plan might do that. In the words of one of our is time President Obama finally joined look like. They are still waiting today. Democratic colleagues, ‘‘He’s going to them and us in the serious work of What the President sent to Congress have to comply with the legal restric- keeping Americans safe in a dangerous yesterday isn’t a plan. It is more of a tions.’’ It is as simple as that—‘‘going world. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S967 . VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.000 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S968 CONGRESSIONAL RECORD — SENATE February 24, 2016 ORDER OF BUSINESS In abdicating this responsibility, judicial nominations. That was the Mr. MCCONNELL. Mr. President, we which the Senate has always upheld— fewest judicial nominations confirmed are going to move the confirmation never in the history of the country has ever. We were a much smaller country, vote back closer to noon in order to ac- a Senate simply refused to do any- perhaps, so ‘‘ever’’ might be a little commodate some important hearings thing, even meet with the person who much, but certainly in the last 50 or 75 that are going on this morning in sev- has been nominated. So Republicans years. That is quite a comparison: eral of our committees. are setting a dangerous precedent for BIDEN, 64; GRASSLEY, 11. future nominations, not only for the It gets even worse than that for my f Supreme Court but for the Senate friend from Iowa. In the entire 102nd RECOGNITION OF THE MINORITY itself as an institution. Congress, when JOE BIDEN was chair, LEADER Yesterday the Senate Historian’s of- the Senate confirmed 120 nominees—120 fice reported that the denial of com- judicial nominations under BIDEN. The PRESIDING OFFICER (Mr. mittee hearings for a Supreme Court Compare that to 16 under Chairman PAUL). The Democratic leader is recog- nominee is unprecedented. If that is GRASSLEY. The difference is stunning. nized. unprecedented, how about the fact that I would encourage my friend from f he won’t even meet with the person Iowa to focus on Vice President BIDEN’s who has been nominated? If that is un- actions and results, rather than cherry FILLING THE SUPREME COURT picking remarks of 25 years ago. The VACANCY precedented, how about the fact that a Member of the Senate won’t even go to Judiciary Committee of JOE BIDEN hon- Mr. REID. Mr. President, yesterday the White House to talk to the Presi- ored its constitutional obligations by the senior Senator from Iowa, along dent about filling the Supreme Court considering and confirming—even vis- with other Republicans on the Senate seat? iting with nominees—in a timely fash- Judiciary Committee, announced that The senior Senator from Iowa will be ion, even though they were a Repub- they won’t be holding a hearing on the first Judiciary Committee chair- lican President’s nominees. I can’t say President Obama’s eventual nominee man ever to refuse to hold a hearing on the same for the committee today. No to the Supreme Court. They won’t give a Supreme Court nominee. That is one can. As chairman, JOE BIDEN did his con- the eventual nominee the common quite an achievement, but not one of stitutional duty and processed four courtesy of even a meeting—no hear- which he should be proud. That sort of nominations from Republican Presi- ings, no meeting—and this was all done wanton obstruction is not what the dents to the Supreme Court, including even before the President sent a name American people want. It is not what Justice Kennedy—that vote occurred in to us. This is historically unbelievable the people of Iowa want. Last week no and historically unprecedented. the last year of President Reagan’s fewer than six Iowa newspapers issued Presidency—Souter and Thomas. Republicans don’t know who the scathing editorials calling on Senator nominee will be, and they have already Let us focus on Thomas just a little GRASSLEY to change course and give mentioned that.