Supplemental Appropriations Act, 2009 - Continued

Floor Speech

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Mr. McCONNELL. Mr. President, it is my understanding that earlier in the day my good friend from Illinois was suggesting that I had been a Johnny-come-lately on the issue of Guantanamo. So I would like to remind my colleagues that I offered an amendment 2 years ago right here on the floor of the Senate that passed 94 to 3 opposing bringing people at Guantanamo to the United States, and I believe my good friend from Illinois was not among the 3.

I would also remind him that I differed with the opinion of the previous President that Guantanamo ought to be closed. I don't think it ought to be closed; I think it ought to be left open. I also have differed with other Republicans on our side who have believed that Guantanamo ought to be closed, but none of them have said: Until you have a game plan for what to do with them.

We had the vote earlier today, with only six Senators dissenting on this Guantanamo issue and about whether there would be money not only in this bill but in any other bill spent for the purpose of bringing these detainees to the United States.

Now let's talk about what this amendment does--the one the Senator from Illinois was just describing incorrectly, in my view. My amendment calls on the administration to share its findings with Congress in a classified report--a classified report--that would indicate the likelihood of detainees returning to terrorism--we know many of them have been doing that--the likelihood of their returning to terrorism. It would also report on any effort al-Qaida might be making to recruit detainees once they are released from U.S. custody. The last requirement is particularly important, given that many of the remaining 240 detainees at Guantanamo are from Yemen, which has no rehabilitation program to speak of, and from Saudi Arabia which has a rehab program but which hasn't been entirely successful at keeping detainees from rejoining the fight after rehabilitation.

This is a simple amendment that reflects the concerns that Americans have about the danger of releasing terrorists, either here or in their home countries, where they could then, of course, return to the fight. Until now, the administration has offered vague assurances--quite vague assurances--that it will not do anything to make Americans less safe. This amendment says Americans expect more than a vague assurance, and it would require it.

Some have argued such a reporting requirement would reveal classified information. We just heard the Senator from Illinois say that. Nothing could be further from the truth. It would simply require the administration to share this information with a very limited, specific group in Congress with relevant oversight responsibilities which already has access to the most classified information imaginable--the very same people who already have access to this information.

Some have said a reporting requirement isn't necessary. This is also false. First, because we know the recidivism rate of detainees who weren't even considered a serious threat--this is the people they let go because they didn't think they were a serious threat--12 percent of them have gone back to the fight. It is perfectly clear we need to know whether any of the current detainees who may be released in the future pose a similar or even greater threat of returning to the battle. Moreover, a reporting requirement has proven to be necessary by the simple fact that the administration has been so reluctant to share any details whatsoever about its plans for the inmates at Guantanamo.

Senator Sessions, the ranking member of the Judiciary Committee, has made at least two formal requests for information from the Attorney General: First, in a letter of April 2 and, second, in a letter of April 4. To this day, Senator Sessions has not received a reply to either one. If the administration isn't willing to share information on these terrorists voluntarily, except, of course, with those folks in Europe, then Congress will have to require it through the kind of legislation my amendment represents.

Some have argued this reporting requirement would also hinder prosecutions by making evidence public. We just heard that from my good friend from Illinois. This is also false for reasons I have already enumerated. It would only require a summary of the administration's findings, and the summary would only have to be shared with a small group--a very small group--of Members in a classified setting. This has never disrupted prosecutions in the past. It will not disrupt prosecutions in the future.

Some have further suggested that a reporting requirement would be onerous. This is false. The administration says it already has begun its review of detainees. My amendment simply asks that it share with us the details of that review. Subsequent reports would be made on a quarterly basis, which is hardly onerous, particularly given the gravity of the issue.

Americans would like to have assurance that the President's arbitrary deadline to close Guantanamo by next January will pose no threat to themselves or their families. In fact, just today--this very day--FBI Director Mueller testified before a House Judiciary Committee about his concerns that detainees who are currently held at Guantanamo could present a serious risk not only upon transfer to their home countries but even upon transfer to maximum security prisons in the United States. He cited concerns for their ability to radicalize others and to conduct terrorist operations.

As to the latter, he cited gang leaders who have been able to run their gangs from prison as proof that terrorists could--I will continue on leader time, Mr. President.

The FBI Director just today cited the following: The possibility that gang leaders who have been able to run their gangs from prison as proof that terrorists could do the same. Imagine that. Terrorists in a prison in your home State organizing other prisoners.

The Director of the FBI has access to classified information. We recognize him as one of our Nation's top law enforcement officials. He is someone who should be taken seriously. That is what he said today.

Americans don't want terrorists plotting attacks against us anywhere. They certainly don't want them doing so in our backyards or down the road in the local prison. And Americans don't want terrorists whom we release attacking our service men and women overseas. That is why the administration should be required to let us know whether any terrorists released or transferred from Guantanamo pose a risk to our military servicemembers overseas. That is what my amendment would do.

With all due respect to my friend from Illinois, any other characterization of it, I must suggest, would be inaccurate.

I urge the approval of the amendment.

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Mr. McCONNELL. Mr. President, I wish to retain some of my leader time for rebuttal.

Let me just use a moment of my leader time to reiterate the fundamental point. The Director of the FBI thinks this is a problem; he just said so today. I know the Senator from Illinois is a great lawyer and understands all of these matters fully. We think it is important for the relevant Members of Congress to be assured that these terrorists do not have the kind of profile that would warrant their release.

This is not an attack on the current administration. The previous administration mistakenly released a number of detainees who went back to the battlefield. Why should we not learn from the experience of the past and apply it to the future? I hope my amendment will be adopted.

Mr. President, I ask for the yeas and nays.

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