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Senate Proceeding on May 20th, 2009 :: 1:34:15 to 1:54:20
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Dianne Feinstein

1:33:55 to 1:34:16( Edit History Discussion )

Dianne Feinstein: guantanamo bay naval base, cuba, because definitively been resolved by the courts, however, we caution that there that a district court would this set the predicate for guantanamo. keep these people out of the reach of american federal law

Dianne Feinstein

1:34:15 to 1:54:20( Edit History Discussion )
Speech By: Dianne Feinstein

Dianne Feinstein

1:34:17 to 1:34:37( Edit History Discussion )

Dianne Feinstein: and set with them separately from american law. now, is this right or wrong? it was definitiv because since then the supreme court rejected this position in four separate cases.

Dianne Feinstein

1:34:38 to 1:35:01( Edit History Discussion )

Dianne Feinstein: one, rasul v. bush in 2004. the court ruled that american courts in fact do have jurisdiction toear habeas and other claims from detainees held at guantanamo. two, hamdi v. 2004. the court u

Dianne Feinstein

1:35:02 to 1:35:25( Edit History Discussion )

Dianne Feinstein: authority to lawfully -- to detain unlawful combatants, but stated that this authority was not a blank check. in particular, the court ruled that detainees who were united states statistics, such as hamdi is, had the rights that all americans are guaranteed under the constitution.

Dianne Feinstein

1:35:26 to 1:35:46( Edit History Discussion )

Dianne Feinstein: three, in hamdan vs. rumsfeld in 2006, a constant chain of opinions. the court declared invalid the pentagon's process for adjudicating detainees and extended to guantanamo detainees the protection from cruel, inhuman and degrading treatment found in common article 3 of the

Dianne Feinstein

1:35:47 to 1:36:07( Edit History Discussion )

Dianne Feinstein: geneva conveions. the administration pushing through congress the military commissions act. this legislation expressly eliminated habeas corpus rights and limited other repeals to procedure and

Dianne Feinstein

1:36:08 to 1:36:28( Edit History Discussion )

Dianne Feinstein: leaving questions of fact or violation of law unresolvable by all federal this happens nowhere else in american law, but this military commissions act was enacted in the fal now the fourth opinion, that law

Dianne Feinstein

1:36:29 to 1:36:49( Edit History Discussion )

Dianne Feinstein: was then challenged through the court and overturned in the final supreme court decision in this area: budamean vs. bush decided in 2008. in that case, the supreme court stated that the writ of habeas

Dianne Feinstein

1:36:50 to 1:37:10( Edit History Discussion )

Dianne Feinstein: corpus applied to detainees even when congress had sought to take jurisdiction away. it stated that detainees must be allowed access to federal courts so that a lawfulness of their detention coul writing for the majority in this

Dianne Feinstein

1:37:11 to 1:37:32( Edit History Discussion )

Dianne Feinstein: budamean decision, justice kennedy wrote the following: the laws and the constitution are designed to survive and to remain in force in extraordinary times. liberty and security can be reconciled. and in our system, they are reconciled within the framework

Dianne Feinstein

1:37:33 to 1:37:53( Edit History Discussion )

Dianne Feinstein: of the several habeas petitions have in fact been filed and reviewed in the d.c. circuit since the budamean decision, and that process is ongoing today. in rulings make one thing

Dianne Feinstein

1:37:54 to 1:38:16( Edit History Discussion )

Dianne Feinstein: exceedingly clear. the legal rights of these de constitution, whether they are kept on american soil or elsewhere. attempts to diminish or deny these rhts have only served to delay the legal process in guantanamo. in fact, mr. president, only

Dianne Feinstein

1:38:17 to 1:38:38( Edit History Discussion )

Dianne Feinstein: three of detainees held at guantanamo have in fact been held to account for their actions. one is did hicks, australian. he pled guilty and has since been released by the australian government. salim hamdan, bin laden's

Dianne Feinstein

1:38:39 to 1:39:00( Edit History Discussion )

Dianne Feinstein: driver, was found guilty of providing material support for terrorism by his military commission. he was sentenced to five and a half years. but having already served five years in guantanamo, he was released to yemen in n 2008.

Dianne Feinstein

1:39:01 to 1:39:21( Edit History Discussion )

Dianne Feinstein: abalul, a guilty of conspiracy and providing materiel support to terrorism in november of 2008. he ref his own behalf and was given a life sentence. now today there are approximately 240 detainees at guantanamo.

Dianne Feinstein

1:39:22 to 1:39:44( Edit History Discussion )

Dianne Feinstein: in 2007, nearly two y introduced an amendment to the defense authorization bill to close guantanamo within one year and transition all detainees out of that facility. the amendment was cosponsored by 15 senators. unfortunately, it was not allowed to come up for debate.

Dianne Feinstein

1:39:45 to 1:40:05( Edit History Discussion )

Dianne Feinstein: within two days of his inauguration, president obama issued an executive order announcing the closure of guantanamo within one year a ordering a review of each detainee. let me say this, i believe that closing guantanamo is in our

Dianne Feinstein

1:40:06 to 1:40:26( Edit History Discussion )

Dianne Feinstein: nation's national security interest. guantanamo is used not only by al qaeda, but by other nations by governments, by individuals, by good people, by as a symbol of america's abuse

Dianne Feinstein

1:40:27 to 1:40:49( Edit History Discussion )

Dianne Feinstein: of muslims, and it's flaming the -- fanning the flames of anti-americanism around the world. as former navy general counsel alberto morris sd in 2008, "serving united states flag officers maintain that the first and second identifiable cause of u.s. combat deaths in iraq as

Dianne Feinstein

1:40:50 to 1:41:11( Edit History Discussion )

Dianne Feinstein: judged by their effectiveness in recruiting insurgent fighters into combat are respectively the symbols of abu ghraib and guantanamo." i deeply believe that guantanamo is a very important part of the larger efforts against terror it's a part of the effort to

Dianne Feinstein

1:41:12 to 1:41:32( Edit History Discussion )

Dianne Feinstein: show that americans are not hypocritical, at we do not pass laws and say, well, now there is a certain group of people who are exempt from these laws. detention at guantanamo has caused tension between the united states and our allies. the allies we try to get to

Dianne Feinstein

1:41:33 to 1:41:54( Edit History Discussion )

Dianne Feinstein: contribute more forces and other support for the war in afghanistan. and they are a rallying point for the recruitment of terrorists. so closing it is a critical step in restoring america's credibility the value of our judicial system.

Dianne Feinstein

1:41:55 to 1:42:15( Edit History Discussion )

Dianne Feinstein: the executive branch task force responsible for ensuring that guantanamo closes within the year is reviewing the on each of the roughly 240 detainees to determine the following: one, who can be charged with a crime and be prosecuted?

Dianne Feinstein

1:42:16 to 1:42:38( Edit History Discussion )

Dianne Feinstein: two, who can be transferred to the custody of another country, like the 500 or so detainees who have already left guantanamo? who poses no threat to the to another nation? and finally, who cannot be released because they do pose a

Dianne Feinstein

1:42:39 to 1:42:59( Edit History Discussion )

Dianne Feinstein: threat but can't be prosecuted perhaps because the evidence against them is the inadmissible product of interrogation? but let me be clear. no one is talking about releasing dangerous individuals into our communities or neighborhoods as some would have

Dianne Feinstein

1:43:00 to 1:43:22( Edit History Discussion )

Dianne Feinstein: us the best option is to psecute the terrorists who plotted, facilitated and carried out attacks against the united states. now let's look at the recd for a moment. let's see where some of these?? people are. the united states has prose individuals in federal court for

Dianne Feinstein

1:43:23 to 1:43:44( Edit History Discussion )

Dianne Feinstein: the bombings of united states embassies and the 1993 world trade center attack. it has prosecuted individuals plotting to bomb airplanes, for attending terrorist traing camps and for inciting violent acts against the united states.

Dianne Feinstein

1:43:45 to 1:44:06( Edit History Discussion )

Dianne Feinstein: according to this report, in pursuit of justice: prosecuting terrorist cases in the federal courts, issued in may of last year, more than 100 terrorism cases since the beginning of 2001 have resulted in convictions. the individuals held at guantanamo pose no greater

Dianne Feinstein

1:44:07 to 1:44:27( Edit History Discussion )

Dianne Feinstein: threat to our security than these individuals convicted of these crimes who are currently held in prison in the united states and are no danger to our neighbors, our communities. the bush administration has estimated that out of the 240

Dianne Feinstein

1:44:28 to 1:44:48( Edit History Discussion )

Dianne Feinstein: detainees at guantanamo, 60 to 80 could be prosecuted for crimes against the united states or its allies. current efforts to try these cases are ongoing. in the event the detainees cannot be tried in federal court or in standard courts-martial, the obama admistration has

Dianne Feinstein

1:44:49 to 1:45:10( Edit History Discussion )

Dianne Feinstein: recently proposed revisions to military commissions. this is an issue that we're going to have to loo closely in the coming weeks. our system of justice is more capable -- i of prosecuting terrorists and housing detainees before,

Dianne Feinstein

1:45:11 to 1:45:33( Edit History Discussion )

Dianne Feinstein: during, and we have the facilities to keep convicted terrorists behind bars from american citizens. the obama administration will determine which civilian military facities are best to accomplish these goals.

Dianne Feinstein

1:45:34 to 1:45:55( Edit History Discussion )

Dianne Feinstein: one example is the supermax facility in florence, here it is. it isn't in a neighborhood. it isn't in a community. it is an isolated supermax facility. it has 490 beds. they are reserved for the worst

Dianne Feinstein

1:45:56 to 1:46:16( Edit History Discussion )

Dianne Feinstein: of the worst. this facility houses not only drug kingpins, serial murderers and gang leaders but also terrorists who have already been convicted of crimes in this country there. have been no escapes and it is far, as i said, from america's

Dianne Feinstein

1:46:17 to 1:46:38( Edit History Discussion )

Dianne Feinstein: communities and neiborhoods, as are just about all of the maximum and supermax facility. this facility has housed terrorists like ramsi yousef, the mastermind of the trade center bombing and at

Dianne Feinstein

1:46:39 to 1:47:00( Edit History Discussion )

Dianne Feinstein: least six of his accomplices. openaccomplices omar abdel rahman, known as the blind sheikh, who was behind the plot to blow up new york city landmarks, including the united nations. bomber w tried to b airliner in flight. four individuals involved in the

Dianne Feinstein

1:47:01 to 1:47:22( Edit History Discussion )

Dianne Feinstein: 1998 bombings of u.s. embassies in kenya and tanzania. amad rasam, bomber, who was detained at the canadian border with explosives in his car as he was headed to the los angeles airport.

Dianne Feinstein

1:47:23 to 1:47:43( Edit History Discussion )

Dianne Feinstein: liman ferris, the al qaeda operator who plotted to blow up bridges in new york city. jose padilla, the united states citizen held for 3 1 an enemy combatant based on allegations that he had wanted to detonate a dirty bom inside the united states a

Dianne Feinstein

1:47:44 to 1:48:05( Edit History Discussion )

Dianne Feinstein: convicted of material support to terrorism. 9/11 conspirator, zacarias moussaou the kaczynski. and oklahoma city bombers, one of whom is now deceased, timothy mcveigh, and terry nichols.

Dianne Feinstein

1:48:06 to 1:48:26( Edit History Discussion )

Dianne Feinstein: these are but 12 of the -- these are but 20 of the 100, so there is ample evidence that the united states can and, in fact, does hold dangerous convicts securely and without incident. as i said earlier, i believe that not all detainees can be prosecuted. the bush administration has

Dianne Feinstein

1:48:27 to 1:48:47( Edit History Discussion )

Dianne Feinstein: identified a second group of 60 to 80 that could be transferred out of guantanamo if nation could be found that would accept them. again, the obama administration is finding some moving these detainees abroad. since january of this year,

Dianne Feinstein

1:48:48 to 1:49:10( Edit History Discussion )

Dianne Feinstein: there have been stories nations may accept some of the detainees. just a few days ago, france accepted an algerian detainee from guantanamo. these countries recognize that closing guantanamo is in the best interests of everyone and

Dianne Feinstein

1:49:11 to 1:49:33( Edit History Discussion )

Dianne Feinstein: are willing to be part of the solution. we sincerely thank them. finally, let me address the third category of detainee which presents the thorniest problem. the executive order task force will likely determine that there are some detainees that neither be tried nor transferred

Dianne Feinstein

1:49:34 to 1:49:57( Edit History Discussion )

Dianne Feinstein: nor released. secretary gates recently testified that there were 50 to 100 of these detainees. the president h to continue to detain such people under the laws of armed conflict and he very well may

Dianne Feinstein

1:49:58 to 1:50:19( Edit History Discussion )

Dianne Feinstein: need to exercise that authority. and i would support his doing so. in my view, this authority should be constrained and in keeping with the geneva conventions. detainees should only be held following a finding by the executive branch that this action is legal under

Dianne Feinstein

1:50:20 to 1:50:40( Edit History Discussion )

Dianne Feinstein: international law and i believe it is legal. these detainees should have the right to have a united states court review this determination, such as the boudamine decision guaranteed that habeas corpus of detainees will, in fact, be heard.

Dianne Feinstein

1:50:41 to 1:51:03( Edit History Discussion )

Dianne Feinstein: that judicial determination should be reviewed periodically to determine whether the detainee remains a threat to national security and should be continued to be detained. in this, there is a protocol of what i've just that said i believe will stand court scrutiny and enable the

Dianne Feinstein

1:51:04 to 1:51:26( Edit History Discussion )

Dianne Feinstein: president to continue detention of everyone that remains a national security threat to the mr. president, guantanamo, despite all the rhetoric on this floor, has been a symbol of abuse and disregard for the rule of law for too long.

Dianne Feinstein

1:51:27 to 1:51:47( Edit History Discussion )

Dianne Feinstein: four supreme court decisions should convince even the most recalcitrant of those among us. it is in our security interest that guantanamo be closed as quickly and carefully as possible. the fact is that no member of

Dianne Feinstein

1:51:48 to 1:52:09( Edit History Discussion )

Dianne Feinstein: congress wants to see or advocates the of terrorists or anyone who's a threat to our national security into our communities. and it doesn't have to, and it won't be done that way. of the 240 guantanamo right now, some can

Dianne Feinstein

1:52:10 to 1:52:31( Edit History Discussion )

Dianne Feinstein: be tried, some have been declared not to be enemy combatants, other may need to be detained in the future but in way that is consistent with our laws and our national security interests. i believe we should close guantanamo so i support the president in this regard.

Dianne Feinstein

1:52:32 to 1:52:52( Edit History Discussion )

Dianne Feinstein: i was able to get something into bills at one eliminated later on. this is a very important decision we're going to make. i very much regret that this amount was in the supplemental bill without a plan and i think that's the key. the plan wasn't there.

Dianne Feinstein

1:52:53 to 1:53:17( Edit History Discussion )

Dianne Feinstein: how would the money be used? nobody so it fell smack dab into the trap that some want to spring throughout the united states and that is that this administration or this united states senate would release detainees into the neighborhoods and communities of

Dianne Feinstein

1:53:18 to 1:53:39( Edit History Discussion )

Dianne Feinstein: the united states neighborhood and community, and, yes, we have maximum security prisons in california capable of holding these people as well and from which people -- trust me -- do not escape. so i believe that this really -- this has really been

Dianne Feinstein

1:53:40 to 1:54:01( Edit History Discussion )

Dianne Feinstein: an exercise i hope it's not going to be successful because i believe that american justice is what makes this country eyes of the world. american justice is what people believe separates the united states from other countries.

Dianne Feinstein

1:54:02 to 1:54:21( Edit History Discussion )

Dianne Feinstein: and american justice has to be applied it isn't, we then become hypocrites in the eyes of the world. we should return to our values, and one of the largest symbols of returning to these values is, in fact, the closure o

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