National Defense Authorization Act for Fiscal Year 2022
Floor Speech
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Mr. SCHIFF. Madam Speaker, the past 18 months have been difficult for all of us. But through the hardship, Americans have found solace and serenity in our beautiful public lands.
Back home in Los Angeles, the Rim of the Valley Corridor stands out as a jewel of nature. We must preserve this area of striking beauty so that future generations can enjoy all that it has to offer.
My amendment will add 191,000 acres of the Rim of the Valley Corridor to the Santa Monica Mountains National Recreation Area, empowering the National Parks Service and the local community to better protect its natural resources and habitats.
This is a cause I have worked on for two decades and one that has overwhelming support among my constituents and those in the region. Let's get it over the finish line.
Madam Speaker, I thank Representative DeGette for her extraordinary leadership, and I urge a ``yes'' vote on the amendment.
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Mr. SCHIFF. Madam Speaker, this amendment clarifies the authority of military commission judges to order court processing at Guantanamo to be broadcast over the internet. This is a straightforward, noncontroversial amendment that the House has passed twice by voice vote.
The GAO has studied this issue and concluded there are no technical barriers to broadcasting proceedings on the internet, and it can be done while protecting classified information.
This amendment comes down to simply whether or not we believe the American people have the right to observe the military commission proceedings, including against members of al-Qaida who planned the 9/11 attacks.
I believe that families of victims, journalists, academics, NGOs, and any American interested should be able to follow the proceedings without flying to Guantanamo, a difficult and lengthy process at best. I also believe this amendment is important because these military commissions have, in fact, failed.
After so many years, they have not delivered anything that could be called justice, but their distance hides the extent of their failings.
As we work toward closing Guantanamo, which I strongly support, we should cease to hide the legal processes happening there.
Madam Speaker, I urge a ``yes'' vote, and I reserve the balance of my time.
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Mr. SCHIFF. Madam Speaker, I would simply point out that this amendment permits these judges to broadcast the proceedings so that people can witness them. It doesn't mandate that this be done in every case. I think these judges ought to have the discretion to do so.
This amendment makes it very clear that GAO has studied this issue and found that it is more than technologically feasible.
I think it is important that the American people, particularly the victims of 9/11 who would like to witness these proceedings, be allowed to do so. The victims of 9/11 can't easily travel--many of them can't travel at all--to Guantanamo to review the proceedings. I think that the victims of that heinous terrorist attack should have the ability to face those and observe the proceedings against those who have been charged with those offenses.
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Mr. SCHIFF. Madam Speaker, I continue to reserve the balance of my time.
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Mr. SCHIFF. Madam Speaker, I urge a ``yes'' vote on this amendment to increase transparency into the proceedings in Guantanamo and allow the victims of 9/11 to observe the proceedings, as many of them would like to, and I yield back the balance of my time.
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Mr. SCHIFF. Madam Speaker, I rise in support of this amendment.
In June 2020, as individuals came together to proclaim that Black lives matter and speak out against the murder of George Floyd, Donald Trump saw these lawful protests as an opportunity to once again abuse the power of his office.
The former President threatened to deploy U.S. military units to cities across the country to serve as de facto law enforcement. The threat only heightened an already tense situation and risked catastrophe had he followed through.
The posse comitatus laws protect American citizens against the abuse of the military as a domestic law enforcement agency, but it has loopholes that need to be fixed. My amendment would do so.
The goals of this amendment are simple: strengthen restrictions to ensure the mission of the U.S. military cannot be abused and protect the civil liberties of our citizens.
Madam Speaker, I urge support of the amendment, and I reserve the balance of my time.
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Mr. SCHIFF. Madam Speaker, it is not that complicated. The current posse comitatus laws prohibit violation of this rule against using the military for law enforcement purposes but apply it only to two branches of the military, the Army and the Air Force. This would extend it to the other branches of the military. It is as simple as that.
It also provides that if you violate the law, you shouldn't use the evidence from the violation of that law in court proceedings. That is a well-established principle of criminal law, and it ought to apply here as well.
It is really quite simple. That is what this amendment would do.
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Mr. SCHIFF. Madam Speaker, I will now close.
This amendment is quite simple. It would extend the posse comitatus law to all branches of the military so it is not abused.
This is not about defunding the police. That is the usual red herring argument when there is no argument to be made on the merits.
So this would simply say that the prohibition against abusing the military and dragooning it as a method of enforcing domestic laws ought to be extended to every branch of the military not just two of the branches of the military. And those who would violate this law cannot use evidence gained in violation of the law against individuals. So that is what this amendment would do.
Madam Speaker, I urge its passage, and I yield back the balance of my time.
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