Category Archives: Black History

Pioneers, Activists, Black People, Black History

the Senate ~ CONGRESS ~ the House


budgetblow2climateThe Senate stands in adjournment until 2:00pm on Monday, June 23, 2014.

Following any Leader remarks, the Senate will be in a period of morning business until 5:30pm with Senators permitted to speak therein for up to 10 minutes each.

Following morning business, the Senate will proceed to Executive Session and proceed to a series of up to 4 roll call votes:

–          Motion to invoke cloture on Executive Calendar #779, Paul G. Byron, of Florida, to be United States District Judge for the Middle District of Florida,

–          Motion to invoke cloture on Executive Calendar #780, Carlos Eduardo Mendoza, of Florida, to be United States District Judge for the Middle District of Florida,

–          Motion to invoke cloture on Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida, and

–          Motion to invoke cloture on Executive Calendar #836, Geoffery W. Crawford, of Vermont, to be United States District Judge for the District of Vermont.

6:06pm The Senate began a 10 minute roll call vote on the motion to invoke cloture on Executive Calendar #780, Carlos Eduardo Mendoza, of Florida, to be United States District Judge for the Middle District of Florida;

Invoked: 53-31.

Next:

  1. Cloture on Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida, and
  2. Cloture on Executive Calendar #836, Geoffrey W. Crawford, of Vermont, to be United States District Judge for the District of Vermont.

6:06pm The Senate began a 10 minute roll call vote on the motion to invoke cloture on Executive Calendar #780, Carlos Eduardo Mendoza, of Florida, to be United States District Judge for the Middle District of Florida;

Invoked: 53-31.

Next:

  1. Cloture on Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida, and
  2. Cloture on Executive Calendar #836, Geoffrey W. Crawford, of Vermont, to be United States District Judge for the District of Vermont.

6:20pm The Senate began a 10 minute roll call vote on the motion to invoke cloture on Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida

Invoked: 53-31

Next:

  1. Cloture on Executive Calendar #836, Geoffrey W. Crawford, of Vermont, to be United States District Judge for the District of Vermont.

6:35pm The Senate began a 10 minute roll call vote on the motion to invoke cloture on Executive Calendar #836, Geoffrey W. Crawford, of Vermont, to be United States District Judge for the District of Vermont.

Invoked: 52-32

 

 

WRAP UP

Roll Call Votes

1)      Motion to invoke cloture on Executive Calendar #779, Paul G. Byron, of Florida, to be United States District Judge for the Middle District of Florida; Invoked: 53-30

2)      Motion to invoke cloture on Executive Calendar #780, Carlos Eduardo Mendoza, of Florida, to be United States District Judge for the Middle District of Florida; Invoked: 53-31

3)      Motion to invoke cloture on Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida; Invoked: 53-31

4)      Motion to invoke cloture on Executive Calendar #836, Geoffrey W. Crawford, of Vermont, to be United States District Judge for the District of Vermont; Invoked: 52-32

 

Legislative items

Adopted S.Res.481, designating the month of June 2014 as “National Post-Traumatic Stress Disorder Awareness Month”.

 

No additional Executive items

 

 

===============================================

Last Floor Action:
1:14:14 P.M. – The House adjourned.

The next meeting is scheduled for 12:00 p.m. on June 23, 2014.

=======================================

the Senate ~~ CONGRESS 6/20 ~~ the House


girlPollution

The Senate stands in adjournment until 2:00pm on Monday, June 23, 2014.

Following any Leader remarks, the Senate will be in a period of morning business until 5:30pm with Senators permitted to speak therein for up to 10 minutes each.

 

Following morning business, the Senate will proceed to Executive Session and proceed to a series of up to 4 roll call votes:

–          Motion to invoke cloture on Executive Calendar #779, Paul G. Byron, of Florida, to be United States District Judge for the Middle District of Florida,

–          Motion to invoke cloture on Executive Calendar #780, Carlos Eduardo Mendoza, of Florida, to be United States District Judge for the Middle District of Florida,

–          Motion to invoke cloture on Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida, and

–          Motion to invoke cloture on Executive Calendar #836, Geoffery W. Crawford, of Vermont, to be United States District Judge for the District of Vermont.

==============================================================

Last Floor Action:6/19
11:09:33 P.M. – The House adjourned.

The next meeting is scheduled for 9:00 a.m. on June 20, 2014.

————————————————————————————-

the Senate ~~ CONGRESS 6/19 ~~ the House


capitol30

The Senate stands adjourned until 9:30am on Thursday, June 19, 2014.

Following any Leader remarks, the Senate will be in a period of morning business for one hour with the Republicans controlling the first half and the Majority controlling the final half.

 Following morning business, the Senate will resume consideration of the motion to proceed to H.R.4660, the CJS, T-HUD, and Agriculture Appropriations bill. All but two hours of post-cloture debate time will be considered expired; therefore, the Senate is expected to begin consideration of the bill around 12:45pm.

At 11:56am today, the Senate resumed consideration of the motion to proceed to H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

At 1:56pm, all post-cloture debate on the motion to proceed to the bill will be considered expired.  When any roll call votes are scheduled, another message will be sent.

At 1:45pm today, the Senate will proceed to Executive Session and execute the previous order with respect to the Aguilar, Nichols, McWatters, and Wormuth nominations.

 

At 1:45pm, there will be up to 4 roll call votes (1 expected) on the following items:

–          Confirmation of Executive Calendar #770  Gustavo Velasquez Aguilar, of the District of Columbia, to be an Assistant Secretary of Housing and Urban Development

–          Confirmation of Executive Calendar #538 Brian A. Nichols, of Rhode Island, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Peru (expected voice vote)

–          Confirmation of Executive Calendar #766  J. Mark McWatters, of Texas, to be a Member of the National Credit Union Administration Board for a term expiring August 2, 2019 (expected voice vote) and

–          Confirmation of Executive Calendar #712 Christine E. Wormuth, of Virginia, to be Under Secretary of Defense for Policy (expected voice vote).

At 1:48pm, the Senate began a 15-minute roll call vote on Confirmation of Executive Calendar #770  Gustavo Velasquez Aguilar, of the District of Columbia, to be an Assistant Secretary of Housing and Urban Development.

Confirmed: 54-38

The Aguilar nomination was confirmed by a vote of 54-38. The following nominations were confirmed by voice vote:

–          Executive Calendar #538 Brian A. Nichols, of Rhode Island, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Peru

–          Executive Calendar #766  J. Mark McWatters, of Texas, to be a Member of the National Credit Union Administration Board for a term expiring August 2, 2019, and

–          Executive Calendar #712 Christine E. Wormuth, of Virginia, to be Under Secretary of Defense for Policy.

 

This afternoon, Senator Reid asked the following consent with respect to H.R.4660, the vehicle for the CJS, THUD, and Agriculture Appropriations bill.

 

Senator Reid asked unanimous consent that the post-cloture time on the motion to proceed be considered expired, that the Senate proceed to vote on adoption of the motion to proceed and if the motion is agreed to, Senator Mikulski, or her designee, be recognized to offer the substitute amendment #3244, which consists of:

–          the text of Calendar #411, S.2437, as Division A (Senate-reported CJS Appropriations bill),

–          the text of Calendar #412, S.2438, as Division B (Senate-reported THUD Appropriations bill), and

–          the text of Calendar #390, S.2389, as Division C (Senate-reported Agriculture Appropriations bill);

further, that for the consideration of Division B, Calendar #430, H.R.4745 (House-passed THUD Appropriations bill), and for the consideration of Division C, H.R.4800, as reported by the House Committee on Appropriations (Agriculture bill), be deemed House-passed text in H.R.4660 for purposes of rule 16 and that the substitute amendment offered by Senator Mikulski, or her designee, be considered a committee amendment for the purposes of paragraph 1 of rule 16 and all amendments or motions to commit be subject to a 60 affirmative vote threshold.

 

Senator McConnell asked to modify the request by eliminating the 60 affirmative vote threshold.  Senator Reid did not agree to the modification and Senator McConnell objected to Senator Reid’s original request.

 

The unofficial transcript of their remarks is below.

 

Following their remarks, the Senate adopted the motion to proceed to H.R.4660, the CJS Appropriations bill and then Senator Reid moved to proceed to Calendar #384, S.2363, a bill to protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.

 

14:17:13 NSP} (MR. REID) { NOT AN OFFICIAL TRANSCRIPT }

MR. REID: SORRY ABOUT THAT. MR. PRESIDENT, I ASK UNANIMOUS

CONSENT THAT POSTCLOTURE TIME ON THE MOTION TO PROCEED BE

CONSIDERED EXPIRED, THE SENATE PROCEED TO VOTE ON ADOPTION OF

THE MOTION TO PROCEED, THAT IF A MOTION IS AGREED TO SENATOR

MIKULSKI OR HER DESIGNEE BE RECOGNIZED TO OFFER A SUBSTITUTE

AMENDMENT NUMBER 3244 WHICH CONSISTS OF THE TEXT OF — MR.

PRESIDENT, WE NEED TO HAVE ORDER.

THE PRESIDING OFFICER: THE SENATE WILL BE IN ORDER. PLEASE TAKE

YOUR CONVERSATIONS OUT OF THE WELL.

 

MR. REID: BE RECOGNIZED TO OFFER THE SUBSTITUTE AMENDMENT 3244

WHICH CONSISTS OF TEXT OF S.2437 CALENDAR NUMBER 411. AS

DIVISION A, CALENDAR NUMBER 412 AS DIVISION B AND THE TEXT OF

S.2389 CALENDAR NUMBER 390 AS DIVISION C PROVIDED FURTHER THAT

THE DIVISION OF CONSIDERATION BA-3745 AND DIVISION C AS

REPORTED BY THE HOUSE COMMITTEE ON APPROPRIATIONS BE DEEMED

HOUSE PASSED TEXT AND H.R.4660 FOR PURPOSES OF RULE 16.

FURTHER THAT THE SUBSTITUTE AMENDMENT OFFERED BY SENATOR

MIKULSKI OR HER DESIGNEE BE CONSIDERED A COMMITTEE AMENDMENT

FOR PURPOSES OF PARAGRAPH 1 UNDER RULE 16. FURTHER ALL

AMENDMENTS OR MOTIONS TO COMMIT BE SUBJECT TO A 60 VOTE

AFFIRMATIVE THRESHOLD. MR. PRESIDENT, LET ME — BEFORE YOU CALL

FOR APPROVAL OF THIS CONSENT, LET ME SAY A FEW WORDS SO

EVERYONE UNDERSTANDS ALL THIS PROCEDURAL STUFF. IT’S A FAIRLY

SIMPLE MATTER. IT’S TAKEN US — MR. PRESIDENT –

THE PRESIDING OFFICER: THE SENATE WILL BE IN ORDER. IF YOU

COULD PLEASE TAKE ALL YOUR CONVERSATIONS OUT OF THE WELL. THE

MAJORITY LEADER.

MR. REID: SORRY, BUT IT’S TERRIBLY DISTRACTING TO HAVE

CONVERSATIONS GOING ON BEHIND YOU. OR AT LEAST IT IS FOR ME.

MR. PRESIDENT, WE’VE WAITED ALL WEEK TO GET A SIMPLE AGREEMENT

TO MOVE FORWARD ON APPROPRIATIONS BILLS THE WAY WE’VE ALWAYS

DONE IT. AND IF IT HAD BEEN JUST ONE APPROPRIATIONS BILL, WE

WOULDN’T NEED CONSENT. BUT WE PUT THREE OF THEM TOGETHER, AND

THAT WAS THE RIGHT THING TO DO. BUT IT SEEMS TO ME THAT WE

SPEND ALL WEEK DOING SO MUCH OF THE TIME NOTHING. SADLY, I’M

SORRY THAT’S THE NORM AROUND HERE. FOR EVERY SINGLE MATTER,

EVEN WILDLY POPULAR MATTERS LIKE AN APPROPRIATIONS BILL,

REQUIRES THE FULL PLAY OF THE CLOTURE RULE TO ADVANCE. THIS HAS

BEEN SO EVEN THOUGH ON TUESDAY WHEN CLOTURE WAS INVOKED ON

PROCEEDING, 95 SENATORS VOTED TO GET ON THE BILL. ONLY 3 VOTED

AGAINST IT. SENATORS ON BOTH SIDES SAID THEY WANT TO HAVE

AMENDMENTS, AND WE SHOULD HAVE AMENDMENT VOTES. AND I’M WILLING

TO HAVE AMENDMENT VOTES ON THIS AND OTHER THINGS, BUT LET’S

TALK ABOUT THIS TODAY. AND I WANT TO HAVE VOTES ON THE

CONDITIONS THAT SENATOR McCONNELL HAS SO FREQUENTLY STATED,

60-VOTE THRESHOLD. THE IDEA OF A 60-VOTE THRESHOLD WILL NOT

COME AS A SURPRISE TO ANYONE IN THIS CHAMBER, I DON’T THINK,

BECAUSE I’D LIKE TO TAKE JUST A MINUTE RESPONDING — I’M SORRY

– OUTLINING TO YOU DIRECT QUOTES FROM MY FRIEND, THE

REPUBLICAN LEADER. HERE’S ONE, “LOOK WE KNOW ON CONFIDENTIAL

MATTERS IN THE SENATE IT HAS FOR QUITE SOME TIME REQUIRED 60

VOTES.” NUMBER TWO, HE SAID REQUIRING 60 VOTES PARTICULARLY ON

MATTERS OF IMPORTANCE IS NOT AT ALL UNUSUAL. IT’S THE WAY THE

SENATE OPERATES.

THE NEXT QUOTE: MATTERS OF THIS LEVEL OF CONTROVERSY REQUIRES

60 VOTES. SO I WOULD ASK MY FRIEND — REFERRING TO ME — IF HE

WOULD MODIFY HIS CONSENT REQUEST TO SET THE THRESHOLD FOR THIS

VOTE AT 60. AGAIN, HE SAID — AND I QUOTE — “FOR HIM TO

SUGGEST THAT A MATTER OF THIS MAGNITUDE IN A BODY OF 60 VOTES

FOR ALMOST EVERYTHING IS GOING TO BE DONE WITH 51 VOTES MAKES

NO SENSE AT ALL.” AND HE SAID, “SO IT IS NOT AT ALL UNUSUAL

THAT THE PRESIDENT’S PROPOSAL OF THIS CONSEQUENCE WOULD HAVE TO ACHIEVE 60 VOTES?

THAT IS THE WAY VIRTUALLY ALL BUSINESS IS DONE IN THE SENATE.

CERTAINLY NOT EXTRAORDINARILY UNUSUAL.” FINALLY HE SAID “MR.

PRESIDENT, I CAN ONLY QUOTE MY GOOD FRIEND” AGAIN REFERRING TO

ME “WHO REPEATEDLY SAID MOST RECENTLY IN THE SENATE HAS BEEN

THE CASE WE REQUIRE 60 VOTES. IT REQUIRES 60 VOTES CERTAINLY ON

MEASURES THAT ARE CONTROVERSIAL.” LET’S JUST MAKE THIS PRETTY

SIMPLE. WE’RE GOING TO HAVE THE ABILITY TO OFFER GERMANE

AMENDMENTS AND WE WILL FOLLOW THE McCONNELL RULE AND HAVE 60

VOTES ON THEM. IT SEEMS FAIR. THAT’S MY CONSENT REQUEST. I

WOULD ASK THAT IT BE APPROVED.

THE PRESIDING OFFICER: IS THERE OBJECTION TO THE REQUEST?

 

MR. McCONNELL: MR. PRESIDENT, RESERVING THE RIGHT TO OBJECT.

THE PRESIDING OFFICER: THE REPUBLICAN LEADER.

MR. McCONNELL: WHAT I THINK I HEAR THE MAJORITY LEADER SAYING

IS THAT ANY AMENDMENT OFFERED BY ANY REPUBLICAN IS

CONTROVERSIAL AND, THUS, MUST REQUIRE 60 VOTES. IT WAS MY HOPE

WE COULD GET FORWARD ON THIS APPROPRIATIONS BILL WITH A FULL

AND OPEN AMENDMENT PROCESS AND A REASONABLE NUMBER OF

AMENDMENTS FROM BOTH SIDES. THE ONLY RESTRICTIONS ON AMENDMENTS

TO THIS BILL ARE THOSE IN THE STAND RULES OF THE SENATE WHICH

CREATE A REQUIREMENT THAT THE AMENDMENTS DEAL WITH

APPROPRIATIONS MATTER OR IF LEGISLATIVE IN NATURE, HAVE A

DEFENSE OF GERMANENESS TO ONE OF THE UNDERLYING HOUSE

APPROPRIATIONS BILL. CHAIRMAN MIKULSKI HAS BEEN DETERMINED TO

TRY TO GET US BACK TO REGULAR ORDER IN CONSIDERING

APPROPRIATIONS BILL. IN 2011, JUST A COUPLE OF YEARS AGO, WE

CONSIDERED THIS SAME APPROPRIATION PACKAGE, THE VERY ONE THAT

WE’RE CONSIDERING NOW, UNDER THE REGULAR ORDER, AND ALL

SENATORS, DEMOCRAT AND REPUBLICAN, WERE TREATED FAIRLY. JUST

THREE YEARS AGO. TODAY’S SENATE IS A TOTALLY DIFFERENT PLACE. A

TOTALLY DIFFERENT PLACE. THE MAJORITY LEADER HAS BLOCKED ALL

BUT NINE ROLL CALL VOTES ON REPUBLICAN AMENDMENTS SINCE JULY OF

LAST YEAR. THAT’S ABOUT A YEAR AGO. ALL BUT NINE REPUBLICAN

ROLL CALL VOTES. BY CONTRAST, DURING THAT SAME PERIOD, HOUSE

DEMOCRATS GOT 153 AMENDMENTS ROLL CALL VOTES OVER THAT SAME

PERIOD OF TIME. THAT’S IN THE HOUSE WHERE YOU WOULD THINK IT

WOULD BE HARD FOR THE MINORITY TO GET AMENDMENTS. IN FACT, ONE

MEMBER OF CONGRESS, SHEILA JACKSON LEE FROM HOUSTON, HAS HAD 15

AMENDMENTS HERSELF. SHEILA JACKSON-LEE HAS HAD MORE VOTES OVER

THE LAST YEAR TH SENATE REPUBLICANS. IN FACT, THE HOUSE SEEMS

TO HAVE TURNED INTO THE SENATE, AND THE SENATE SEEMS TO HAVE

TURNED INTO THE HOUSE. NOW THE GAG RULE, AS WAS POINTED OUT BY

SENATOR ALEXANDER AND OTHERS THIS MORNING, IN AN APPROPRIATION

MEETING SEEMS TO NOW APPLY TO COMMITTEE MEETINGS AS WELL. SO

NOT ONLY DO WE NOT GET VOTES ON THE FLOOR, WE DON’T GET VOTES

IN COMMITTEE EITHER. SO THEY CANCELED THE SCHEDULED MARKUP ON

THE ENERGY AND WATER BILL, I ASSUME OUT OF CONCERN THAT SOME

REPUBLICAN AMENDMENT MIGHT, MY GOODNESS, ACTUALLY PASS WITH

DEMOCRATIC SUPPORT. SO WE’RE BEING SHUT OUT OF AMENDMENTS IN

COMMITTEE AS WELL AS ON THE FLOOR. WHEN DO WE START LEGISLATING AGAIN?

WHAT’S HAPPENED TO THE UNITED STATES SENATE?

THEREFORE, I WOULD ASK CONSENT THAT THE PROPOSED AGREEMENT BY

THE MAJORITY LEADER BE MODIFIED SO THAT ALL AMENDMENTS BE

CONSIDERED UNDER THE REGULAR ORDER. CHAIRMAN MIKULSKI AND

RANKING MEMBER SHELBY, AND MOVE THIS BILL ACROSS THE FLOOR IN A

BIPARTISAN MANNER EXACTLY LIKE WE DID IT ON THE VERY SAME BILL

BACK IN 2011.

MR. REID: RESERVING THE RIGHT TO OBJECT.

THE PRESIDING OFFICER: DOES THE MAJORITY LEADER SO MODIFY HIS

REQUEST?

MR. REID: RESERVING THE RIGHT TO OBJECT, MR. PRESIDENT. MY

FRIEND, THE REPUBLICAN LEADER, IS OBVIOUSLY NOT IN CONTACT WITH

WHAT’S GOING ON AROUND HERE. THIS DOESN’T APPLY TO REPUBLICAN

AMENDMENTS. IT APPLIES TO REPUBLICAN OR DEMOCRATIC AMENDMENTS.

AS ALL HIS REQUESTS WHICH ARE IN THE RECORD AND I READ. A

REASONABLE NUMBER OF AMENDMENTS HE WANTS, FINE. THAT’S WHAT WE

WANT TO DO. WE WANT TO HAVE A REASONABLE NUMBER OF AMENDMENTS

ON THIS BILL AND MOVE IT FORWARD. IT’S IMPORTANT WE GET THIS

DONE. NOW, MR. PRESIDENT, I’VE SERVED IN THE HOUSE OF

REPRESENTATIVES. AND NOT WITHOUT GOING INTO A LOT OF DETAIL

HERE, AS THE PRESIDING OFFICER HAS SERVED IN THE HOUSE OF

REPRESENTATIVES, THE RULES THERE ARE TOTALLY DIFFERENT. OF

COURSE THERE ARE A LOT OF VOTES BECAUSE EVERY VOTE IS

PREDETERMINED IN THE HOUSE WITH RARE EXCEPTION, BECAUSE THEY

HAVE A RULES COMMITTEE THAT SETS THE BOUNDARIES OF WHAT

HAPPENS. AND SO OVER IN THE HOUSE THE MAJORITY NEVER LOSES.

HERE, MR. PRESIDENT, THE SENATE IS THE WAY IT IS. WE’RE WILLING

TO DO VOTES AS THE REPUBLICAN LEADER HAS STATED TIME AND TIME

AGAIN WE SHOULD DO IT. I DISAGREED. BUT AS HE HAS SAID, THIS IS

THE WAY THE SENATE OPERATES NOW. I WISH IT DIDN’T, BUT IT DOES.

AND THAT’S THE WAY WE SHOULD PROCEED. I’M WILLING TO MOVE

FORWARD ON THIS BILL. WE SHOULD HAVE 60-VOTE THRESHOLD, AND I

THINK THAT WOULD THAT WOULD BE THE APPROPRIATE THING TO DO.

THEREFORE, I OBJECT.

THE PRESIDING OFFICER: OBJECTION IS HEARD. IS THERE OBJECTION

TO THE ORIGINAL REQUEST?

MR. McCONNELL: I OBJECT.

 

THE PRESIDING OFFICER: OBJECTION IS HEARD.

MR. REID: MR. PRESIDENT, I NOTE THE ABSENCE OF A QUORUM. MR.

McCONNELL: MR. PRESIDENT?

THE PRESIDING OFFICER: THE CLERK WILL CALL THE ROLL.

QUORUM CALL:

MR. McCONNELL: MR. PRESIDENT, I ASK CONSENT THAT THE QUORUM

CALL BE DISPENSED WITH.

THE PRESIDING OFFICER: WITHOUT OBJECTION. THE REPUBLICAN

LEADER.

MR. McCONNELL: MY FRIEND THE MAJORITY LEADER ALWAYS REMINDS ME

HE GETS LAST WORD AND I’M SURE HE’LL HAVE SOMETHING TO SAY

FURTHER. LET ME SAY DURING THIS LAST PERIOD GOING BACK TO LAST

JULY SENATE DEMOCRATS HAVE HAD SEVEN ROLL CALL VOTES.

CONGRESSWOMAN SHEILA JACKSON-LEE IN THE MINORITY IN THE HOUSE

HAS HAD 15 ROLL CALL VOTES OVER THE LAST YEAR. I YIELD THE

FLOOR.

MR. REID: THE HOUSE IS DIFFERENT THAN THE SENATE, MR.

PRESIDENT. THERE IS NO QUESTION ABOUT THAT. WE COULD HAVE ON

THIS BILL A LOT MORE THAN SEVEN VOTES. SO WE SHOULD DO THAT. I

WOULD NOW NOTE — IT’S MY UNDERSTANDING, MR. PRESIDENT, WOULD

THE CHAIR STATE THE BUSINESS THAT’S BEFORE THIS BODY.

The Senate has reached an agreement for consideration of H.R.803, the Workforce Investment Act.  The details of the agreement are below.

 

At a time to be determined by the Majority Leader, after consultation with the Republican Leader, the HELP Committee will be discharged from further consideration of H.R.803 and the Senate will proceed to its consideration; a Murray-Isakson-Harkin-Alexander substitute amendment, which is at the desk, will be considered and the only other amendments in order be the following amendments to the substitute:

 

–          Flake (making the appointment and certification of a new local board permissible instead of required),

–          Lee (evaluation report requirement), and

–          Managers’ technical amendment.

 

There will be ten minutes of debate equally divided between the two Leaders, or their designees, on each amendment. Upon the use or yielding back of time, the Senate will proceed to vote in relation to the amendments in the order listed. No second degree amendments will be in order prior to the votes.

 

Upon disposition of the Managers’ technical amendment, the substitute amendment, as amended, if amended, will be agreed to.

 

The bill, as amended, will be read a third time and there will be ten minutes of debate equally divided between the two Leaders, or their designees prior to a vote on passage of the bill, as amended. If the bill is passed, the Murray-Isakson-Harkin-Alexander amendment to the title, which is at the desk, will be agreed to.

Thursday evening, Senator Reid filed cloture on the following nominations in the following order:

–          Executive Calendar #779, Paul G. Byron, of Florida, to be United States District Judge for the Middle District of Florida,

–          Executive Calendar #780, Carlos Eduardo Mendoza, of Florida, to be United States District Judge for the Middle District of Florida,

–          Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida,

–          Executive Calendar #836, Geoffrey W. Crawford, of Vermont, to be United States District Judge for the District of Vermont, and

–          Executive Calendar #742, Leon Rodriguez, of Maryland, to be Director of the United States Citizenship and Immigration Services, Department of Homeland Security.

 

On Monday, June 23rd at 5:30pm, there will be 4 roll call votes:

–          Motion to invoke cloture on Executive Calendar #779, Paul G. Byron, of Florida, to be United States District Judge for the Middle District of Florida,

–          Motion to invoke cloture on Executive Calendar #780, Carlos Eduardo Mendoza, of Florida, to be United States District Judge for the Middle District of Florida,

–          Motion to invoke cloture on Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida, and

–          Motion to invoke cloture on Executive Calendar #836, Geoffrey W. Crawford, of Vermont, to be United States District Judge for the District of Vermont.

 

If cloture is invoked on any of the nominations, on Tuesday, June 24th at 11:00am, all post-cloture time will be considered expired and the Senate will vote on confirmation of the nominations.  Therefore, there will be up to 5 roll call votes at 11:00am on Tuesday, June 24th:

–          Confirmation of Paul G. Byron, of Florida, to be United States District Judge for the Middle District of Florida,

–          Confirmation of Executive Calendar #780, Carlos Eduardo Mendoza, of Florida, to be United States District Judge for the Middle District of Florida,

–          Confirmation of Executive Calendar #781, Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida,

–          Confirmation of Executive Calendar #836, Geoffrey W. Crawford, of Vermont, to be United States District Judge for the District of Vermont, and

–          Motion to invoke cloture on Executive Calendar #742, Leon Rodriguez, of Maryland, to be Director of the United States Citizenship and Immigration Services, Department of Homeland Security.

 

There will be 2 minutes of debate prior to each vote and all votes after the first vote in each series will be 10 minutes in duration.

 

WRAP UP

Roll Call Vote

1)      Confirmation of Executive Calendar #770  Gustavo Velasquez Aguilar, of the District of Columbia, to be an Assistant Secretary of Housing and Urban Development; Confirmed: 54-38

 

Legislative items

Passed S.1603, A bill to reaffirm that certain land has been taken into trust for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatami Indians, and for other purposes.

 

Completed the Rule 14 process of S.2491, To protect the Medicare program under title XVIII of the Social Security Act with respect to reconciliation involving changes to the Medicare program (Pryor) in order to place the bill on the Legislative Calendar.

 

Discharged the Commerce Committee from further consideration of H.R.4412, the National Aeronautics and Space Administration Authorization Act of 2014  and agreed to the request of the House for the return of the papers with respect to H.R.4412.

 

Additional Executive items

Confirmed the following by voice vote:

–          Executive Calendar #538 Brian A. Nichols, of Rhode Island, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Peru

–          Executive Calendar #766  J. Mark McWatters, of Texas, to be a Member of the National Credit Union Administration Board for a term expiring August 2, 2019, and

–          Executive Calendar #712 Christine E. Wormuth, of Virginia, to be Under Secretary of Defense for Policy.

 

 

==================================================

Last Floor Action:6/18
9:15:45 P.M. – The House adjourned.

The next meeting is scheduled for 10:00 a.m. on June 19, 2014.

==========================================

the Senate ~~ CONGRESS 6/18 ~~ the House


2ebe4-gulfwindsunset

The Senate stands adjourned until 9:30am on Wednesday, June 18, 2014.

Following any Leader remarks, the Senate will resume consideration of the motion to proceed to H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

 All time during the adjournment will count post-cloture on the motion to proceed to H.R.4660. We hope to begin consideration of the bill during Wednesday’s session. Senators will be notified when votes are scheduled.

11:03am The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #740 Salvador Mendoza, Jr., of Washington, to be United States District Judge for the Eastern District of Washington;

Confirmed: 92-4.

 

The remaining votes in this series will be 10 minute votes.

 

Next:

  1. Confirmation of Executive Calendar #741 Staci Michelle Yandle, of Illinois,  to be United States District Judge for the Southern District of Illinois,
  2. Confirmation of Executive Calendar #778 Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida,
  3. Cloture on Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General. If cloture is invoked on the Kazik nomination, there would be up to 8 hours for debate equally divided prior to a vote on confirmation of the nomination.

11:34am The Senate began a 10 minute roll call vote on confirmation of Calendar #741 Staci Michelle Yandle, of Illinois,  to be United States District Judge for the Southern District of Illinois.

Confirmed: 52-44

At 11:54am, the Senate began a 10-minute roll call vote on confirmation of Executive Calendar #778 Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida.

Confirmed: 98-0

At 12:10pm, the Senate began a 10-minute roll call vote on the motion to invoke cloture on Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General.

Invoked: 54-43

Cloture was invoked on the Kadzik nomination by a vote of 54-43.  There is now up to 8 hours for debate equally divided and controlled prior to a vote on confirmation of the nomination.  Following the remarks of Senators Murray and Thune, the Senate will recess until 2:15pm to allow for the weekly caucus meetings. The time during the recess will count post-cloture on the Kadzik nomination and the time during the recess will be equally divided.

 

When a vote on confirmation of the Kadzik nomination is set, another message will be sent.

This afternoon, Senator Portman asked unanimous consent the Armed Services Committee be discharged from further consideration of S.Res.469, the Senate proceed to its consideration , the preamble be agreed to and the resolution be agreed to.

 

S.Res.469 is a resolution expressing the sense of the Senate on May 31, 2014, transfer of five detainees from the detention facility at United States Naval Station, Guantanamo Bay, Cuba. (Portman and others)

 

Senator Levin objected to the request.

 

The unofficial transcript of the exchange is below.

 

  MR. PORTMAN: I RISE TODAY TO PUT THE SENATE ON RECORD ON

SOMETHING VERY IMPORTANT AND THAT IS SPEAKING TO THE DECISION

BY THE OBAMA ADMINISTRATION TO RELEASE FIVE TOP TALIBAN LEADERS

FROM GUANTANAMO BAY WITHOUT CONSULTING CONGRESS, AS REQUIRED BY

LAW. A DECISION THAT I BELIEVE ENDANGERS THE LIVES OF AMERICAN

PERSONNEL, NOT TO MENTION THE COUNTLESS AFGHANS AND THE SUCCESS

OF OUR MISSION IN AFGHANISTAN. IT’S BEEN WELL REPORTED IN THE

PRESS THAT THIS RELEASE WAS DONE WITHOUT CONSULTING CONGRESS OR

CONGRESSIONAL LEADERS ON EITHER SIDE OF THE AISLE, REPUBLICAN OR

BEFORE SUCH ACTION IS TAKEN, A REQUIREMENT THAT’S CONTAINED

BOTH IN AN AUTHORIZATION BILL CALLED THE 2004 NATIONAL DEFENSE

AUTHORIZATION ACT, AND A SPENDING BILL, THE CONSOLIDATED

APPROPRIATIONS ACT OF 2014, BOTH OF WHICH, BY THE WAY, MR.

PRESIDENT, PASSED CONGRESS WITH BIG BIPARTISAN MAJORITIES, BOTH

WERE BIPARTISAN BILLS AND THERE WAS A BIPARTISAN CONSENSUS

ABOUT HAVING THIS NOTIFICATION. DESPITE CEPHAL CHOSED-DOOR

BRIEFINGS AND PUBLIC COMMENTS FROM THE ADMINISTRATION SINCE WE

LEARNED OF THE RELEASE, THE ADMINISTRATION HAS BEEN UNABLE TO

PROVIDE ANY LEGITIMATE JUSTIFICATION FOR VIOLATING THE

REQUIREMENT AND FOR FAILING TO CONSULT WITH CONGRESS. I BELIEVE

THE PRESIDENT’S CONDUCT RAISES A LOT OF QUESTIONS AND QUESTIONS

WHICH SHOULD CONCERN EVERY MEMBER OF THIS BODY, BOTH SIDES OF

THE AISLE. IT’S NOT A PARTISAN ISSUE, NOR IS IT ABOUT WHAT KIND

OF SOLDIER SERGEANT BOW BERGDAHL MAY HAVE BEEN. THAT’S NOT WHAT

THIS IS B I

–THAT’S NOT WHAT THIS IS ABOUT. I TRUST THE ARMY WILL HANDLE

THAT MATTER. THIS IS ABOUT OUR ROLE IN THE U.S. CONGRESS AND

ABOUT OUR NATIONAL SECURITY. IT IS ABOUT PROTECTING OUR MEN AND

WOMEN IN AFGHANISTAN AND IRAQ. IT IS ABOUT MAKING SURE OUR

GAINS WILL NOT BE SQUANDERED, AS WE’RE SEEING TODAY IN THE

COUNTRY OF IRAQ. CONGRESS ENACTED THE BIPARTISAN NOTICE

REQUIREMENT TO SECURE THOSE INTERESTS AND PREVENT THE RELEASE

OF DANGEROUS TERRORISTS WHO WERE HIKELY TO REJOIN — LIKELY TO

REJOIN THE FIGHT. IT REQUIRES THE PRESIDENT TO GIVE A DETAILED

JUSTIFICATION FOR THE RELEASE OF DETAINEES FROM GUANTANAMO BAY.

WHY SUCH A RELEASE IS IN THE COUNTRY’S NATIONAL SECURITY

INTERESTS, WHAT ACTIONS THE ADMINISTRATION WILL TAKE TO NOTIFY

US AND PROVIDE A JUSTIFICATION FOR THE RELEASE AND THE

CONDITIONS OF THAT RELEASE. I BELIEVE HAD THE PRESIDENT

FOLLOWED THE LAW, MADE THE DANGERS — MAYBE THE DANGERS IMPOSED

BY THIS DECISION MAY HAVE BEEN AVOIDED ALTOGETHER. CONCERNS

WERE MADE ON BOTH SIDES OF THE AISLE. BECAUSE MAKE NO MISTAKE

THESE FIVE MEN WHO WERE RELEASED ARE DANGEROUS. DON’T TAKE MY

WORD FOR IT. THIS IS WHAT THE ADMINISTRATION HAS SAID

REPEATEDLY. I WAS THERE IN A HEARING BEFORE THE SENATE ARMED

SERVICES COMMITTEE IN 2012. I WAS A MEMBER OF THE COMMITTEE AT

THAT TIME. CHAIRMAN LEVIN, WHO IS HERE WITH US TODAY, ASKED

SOME VERY GOOD QUESTIONS, INCLUDING QUESTIONS TO JAMES CLAPPER. WHAT DID MR. CLEARP SAY?

HE REITERATED A 2010 ADMINISTRATION ASSESSMENT THAT THESE FIVE

TALIBAN LEADERS, THESE SAME FIVE WHO WERE JUST RELEASED, POSED

A HIGH RISK OF RETURNING TO THE FIGHT. ON THIS VERY POINT,

DIRECTOR CLAPPER DID NOT EQUIVOCATE SAYING, “I DO NOT THINK

ANYONE HARBORS ANY ILLUSIONS ABOUT THESE FIVE TALIBAN MEMBERS

WHANGDZ THEY MIGHT DO IF THEY WERE TRANSFERRED.” THIS WAS SWORN

TESTIMONY BEFORE OUR COMMITTEE. EVEN IF HE PRESIDENT ADMITS

THAT THERE IS, AS HE HAS SAID, “ABSOLUTELY A RISK THAT THESE

MEN WILL RETURN TO THE BATTLEFIELD” — THE PRESIDENT SAYS THAT

NOW — THESE MEN WERE SENIOR MEMBERS OF THE TALIBAN. THEY

INCLUDE THE TALIBAN DEPUTY DEFENSE MINISTER, THE DEPUTY

MINISTER OF THE INTERIOR, SOME WERE CLOSELY ASSOCIATED WITH

OSAMA BIN LADEN OR AL QAEDA. TWO WERE WANTED BY THE UNITED

NATIONS FOR WAR CRIMES. YET DESPITE THESE RED FLASHINGS WHICH

ACCORDING TO REPORTS IN THE PRESS WERE REITERATED DURING

INTERNAL WHITE HOUSE DEBATES OVER THE TRANSFER, PRESIDENT OBAMA

RELEASED THESE MEN ANYWAY WITHOUT FOLLOWING THE NOTICE PROVIDED

UNDER THE LAW. WE NEED TO KNOW WHY. WE NEED TO KNOW WHAT

SECURITY RISKS THESE FIVE INDIVIDUALS POSE. WE NEED TO KNOW

WHAT MEASURES WERE PUT IN PLACE TO MITIGATE THAT RISK. I DON’T

KNOW WHY ANY MEMBER OF THIS BODY WOULD OPPOSE GOING ON RECORD

SAYING THAT THE LAW WAS VIOLATED AND SEEKING ANSWERS TO THESE

GOOD QUESTIONS. I AM GOING TO ASK FOR UNANIMOUS CONSENT ON A

RESOLUTION THAT I HAVE OFFERED AND THAT MANY OF MY COLLEAGUES

HAVE COSPONSORED CALLING ON CONGRESS THROUGH REGULAR ORDER TO

INVESTIGATE THE DECISION TO AUTHORIZE THIS RELEASE. THIS

RESOLUTION HAS A VERY NARROW PURPOSE. IT ONLY SEEKS TO ENSURE

THAT WHEN CONGRESS SPEAKS — AND I REMIND YOU, THIS PROVISION

ON GUANTANAMO PASSED IN ON OVERWHELMING BIPARTISAN MANNER –

THAT WHEN THE CONGRESS SPEAKS, THE PRESIDENT LISTENS. NO MATTER

WHAT PARTY THE PRESIDENT IS FROM, OUR ENTIRE CONSTITUTIONAL

BALANCE DEPENDS ON ADHERENCE TO THE RULE OF LAW. BUT THIS IS

ABOUT MORE THAN THE PRESIDENT IGNORING CONGRESS. THE AMERICAN

PEOPLE ARE THE ONES WHO DESERVE THESE ANSWERS. WE’RE THEIR

REPRESENTATIVES. THAT’S WHY THAT PROVISION WAS PUT IN PLACE. SO

THAT WE REPRESENTING THEM COULD GIVE THE PRESIDENT BETTER

ADVICE. BUT THE AMERICAN PEOPLE DESERVE THESE ANSWERS. SOCIETY

DO, BY THE WAY, OUR — SO DO, BY THE WAY, OUR MEN AND WOMEN IN

UNIFORM WHO CONTINUE TO THOUGHT THEIR LIVES ON THE LINE EVERY

DAY. ALREADY SINCE THE RELEASE OF THESE DETAINEES EIGHT

AMERICAN SERVICEMEN HAVE LOST THEIR LIVES IN AFGHANISTAN. WE

STILL HAVE OVER 30,000 TROOPS IN THE THEATER, 30,000 AMERICANS

PUTTING THEIR LIVES ON THE LINE FOR US EVERY DAY. I THINK A LOT

OF THEM ARE WONDERING, WHAT WAS THE JUSTIFICATION?

WHY?

WHAT EFFECT WOULD IT HAVE ON THEM AND THEIR SAFETY?

ONE CAN HARDLY DOUBT THAT THE ADMINISTRATION’S DECISION TO

RELEASE THESE TALIBAN LEADERS WILL PUT EVEN MORE AMERICANS AT

RISK. AND WE SHOULD BE UNDER NO ILLUSIONS. IF WE TAKE NO

ACTION, I DO NOT BELIEVE THIS WILL BE THE LAST UNLAWFUL

TRANSFER OF DETAINEES FROM GUANTANAMO BAY. IF WE DON’T SPEAK

AND GO ON THE RECORD AND SAY, WAIT A MINUTE, WE HAVE A LAW

HERE, THIS IS WRONG, WE NEED A JUSTIFICATION, I THINK THE WRONG

MESSAGES WILL BE SENT TO THE ADMINISTRATION. CONGRESS DIDN’T

SEEM TO CARE THAT WE VIOLATED THE APPROPRIATIONS BILL, THE

AUTHORIZATION BILL AND WENT AHEAD. PRESIDENT OBAMA HAS MADE IT

CLEAR THAT CLOSING GUANTANAMO IS ONE OF HIS TOP PRIORITIES. I

UNDERSTAND THAT. BUT HE’S PROVIDED NO SUCH CLARITY ON WHAT HE

INTENDS TO DO WITH THE DANGEROUS MEN WHO ARE HOUSED THERE. MEN

LIKE KHALID SHEIKH MOHAMMED, HE’S THERE. WILL HE BE RELEASED?

INTO WHO’S CUSTODY?

THE TERRORIST KNOWN AS HUMBALI. RAM DID I BIN AL SHAH ABOUT A,

A HIGH-RANKING OPERATIVE. WE ALSO NEED TO REMEMBER WHY WE WENT

TO AFGHANISTAN IN THE FIRST PLACE. OF COURSE, UNDER 9/11, THE

COUNTRY HAD BECOME A HAVEN FOR AL QAEDA, A POWER BASE FOR OSAMA

BIN LADEN, AND A PLACE FROM WHICH TO PLAN AND LAUNCH ATTACKS

AGAINST US, AGAINST THE UNITED STATES AND OUR ALLIES. WE WENT

TO AFGHANISTAN TO SEEK JUSTICE FOR THOSE WHO DIED ON SEPTEMBER

11, BUT WE ALSO WENT TO REMOVE THE TALIBAN FROM POWER, TO FREE

THE AFGHAN PEOPLE AND MAKE SURE THAT IT NEVER BECOME A BASE FOR

TERRORISM. WE MUST NOT BE BLIND TO THE FACT THAT THE TALIBAN

AIMS TO REGAIN AS MUCH POWER AS THEY CAN IN AFGHANISTAN AND

PAKISTAN. THAT MEANS A RETURN TO THE SUPPRESSION OF WOMEN’S

RIGHTS AND MOST IMPORTANT THROIS AND OUR NATIONAL SECURITY, THE

COMPLICIT HARBORING OF AL QAEDA. WE HAVE JUST RETURNED TO THEM

THE LEADERSHIP TEAM TO HELP THEM ACHIEVE THAT GOAL. PRESIDENT

OBAMA TELLS US THE WAR IN AFGHANISTAN IS COMING TO AN END. WE

NEED TO ENSURE THAT THAT END IS ONE OF SUSTAINABLE VICTORY, NOT

DEFEAT. THE DETERIORATING SITUATION WE SEE UNFOLDING BEFORE US

ON OUR TV SETS IN IRAQ TODAY DEMONSTRATES WHAT CAN HAPPEN WITH

WE RUSH TO THE EXITS WITHOUT PREPARING FOR AN APPROPRIATE EXIT.

TODAY THE BLACK FLAG OF RADICAL ISLAM FLIES OVER THE

SECOND-LARGEST CITY IN IRAQ AND OUR MILL AT THAT POINTS ARE

ADVANCING ON BAGHDAD, PROCLAIMING VICTORY IN IRAQ DID NOT MAKE

IT SO. MANY MADE IT CLEAR THAT IF WE FAILED TO MAINTAIN

APPROPRIATE FORCES IN IRAQ TO HELP THE GOVERNMENT TRANSITION

AND ESTABLISH ITS AUTHORITY, THE LONG-TERM STABILITY OF IRAQ

WOULD BE OPEN TO THREATS BY RADICAL GROUPS. WE CHOSE NOT TO

COMPLETE A STATUS OF FORCES AGREEMENT WITH THE MALIKI

GOVERNMENT. PRESIDENT OBAMA DID NOT HEED THE WARPINGS FROM

THOSE WHO SAW THESE THREATS AND UNFORTUNATELY WE’RE SEEING SOME

OF THESE PREDICTIONS COME TRUE. WHATEVER WE DO IN AFGHANISTAN,

I HOPE WE LEARN FROM THE LESSONS OF IRAQ. THE DECISIONS TO

RELEASE HIGH-RANK MEMBERS OF THE TALIBAN WHILE THE FIGHT

AGAINST TALIBAN CONTINUES TO THIS DAY HAS SHAKEN THE TRUST OF

THE AMERICAN PEOPLE, THE TRUST. AFGHAN PEOPLE, AND IT OPENS THE

FACT THAT WHAT WE’RE SEEING IN IRAQ MAY BE A FORESHADOWING OF

AFGHANISTAN’S FUTURE. CONGRESS HAS THE RESPONSIBILITY TO GET TO

THE BOTTOM OF HOW THIS RELEASE HAPPENED AND TO ENSURE THAT IT

DOESN’T HAPPEN AGAIN. HYPOCRITE MY COLLEAGUES ON BOTH SIDES OF

THE AISLE WILL SUPPORT THE RESOLUTION THAT I’VE INTRODUCED SO

THAT WE CAN FULFILL THAT RESPONSIBILITY. MR. PRESIDENT, I SAID

THAT I WAS GOING TO OFFER A UNANIMOUS CONSENT RESOLUTION. I

WILL DO SO NOW. I ASK UNANIMOUS CONSENT THAT THE ARMED SERVICES

COMMITTEE BE DISCHARGED FROM FURTHER CONSIDERATION OF S. RES.

469, THAT THE SENATE PROCEED TO ITS CONSIDERATION, THAT THE

RESOLUTION BE AGREED TO, THE PREAMBLE BE AGREED TO, AND THE

MOTIONS TO RECONSIDER BE LAID ON THE TABLE, WITH NO INTERVENING

ACTION OR DEBATE.

THE PRESIDING OFFICER: IS IS THERE OBJECTION?

THE SENATOR FROM MICHIGAN.

 

MR. LEVIN: MR. PRESIDENT, AND I DO INTEND TO OBJECT TO THIS

RESOLUTION. IT PREJUDGES THE VERY CONCLUSION THAT THE

RESOLUTION SAYS AND WANTS AN INVESTIGATION TO DETERMINE, CALLS

FOR AN INVESTIGATION BUT THEN IT ALREADY CONCLUDES THAT THE

PRESIDENT VIOLATED THE LAW. THAT IS NOT WHAT I CALL AN

IMPARTIAL INVESTIGATION. THAT’S A RESOLUTION WHICH REACHES A

CONCLUSION WHICH IS PREJUDGING THE VERY INVESTIGATION THAT IT

CALLS FOR. NOW, THERE’S OTHER PROBLEMS HERE AS WELL. MY GOOD

FRIEND FROM OHIO HAS SAID THAT THE PRESIDENT VIOLATED THE LAW

BECAUSE HE DIDN’T GIVE 30 DAYS NOTICE TO THE CONGRESS. INDEED,

THE NATIONAL DEFENSE AUTHORIZATION ACT PROVIDES FOR 30 DAYS

NOTICE. BUT IT ALSO AS A MATTER OF FACT THE PRESIDENT SAID WHEN

HE SIGNED THE NATIONAL DEFENSE AUTHORIZATION ACT THAT IF THERE

WERE NECESSARY CIRCUMSTANCES WHERE THERE WERE NEGOTIATIONS

GOING ON WITH FOREIGN COUNTRIES OR FOREIGN PEOPLE IN TERMS OF

PRESERVING OR SAVING AN AMERICAN LIFE, THAT HE’S NOT GOING TO

BE BOUND BY 30 DAYS’ NOTICE. HE SAID THAT AT THE SIGNING

CEREMONY. NOW, YOU CAN’T CHANGE LAW OF A SIGNING CEREMONY. BUT

WHAT YOU CAN DO AT A SIGNING CEREMONY IS WHAT THIS PRESIDENT

DID. AT THE VERY SIGNING CEREMONY FOR THE VERY ACT THAT THE

PRESIDENT IS RELYING ON, THE PRESIDENT PUT US ON NOTICE THAT

THERE MIGHT BE CIRCUMSTANCES UNDER WHICH HE COULD NOT GIVE 30

DAYS’ NOTICE TO THE CONGRESS. NOW, WHEN HE DID NOT GIVE 30

DAYS’ NOTICE IN THIS CIRCUMSTANCE, HE DID IT ON THE ADVICE OF

COUNSEL, THE DEPARTMENT OF JUSTICE TOLD HIM THAT HE HAS POWERS

AS COMMANDER IN CHIEF UNDER ARTICLE 2. THAT’S PART OF THE LAW

OF THIS LAND. THE LAW OF THIS LAND INCLUDES THE NATIONAL

DEFENSE AUTHORIZATION ACT. AS A MATTER OF FACT, THE PRESIDING

OFFICER IS VERY MUCH AWAY OF THE FACT THAT THE NATIONAL DEFENSE

AUTHORIZATION ACT OF WHICH HE IS SO IMPORTANT A PART IS PART OF

THE LAW OF THIS LAND. SO IS ARTICLE 2 OF THE CONSTITUTION,

WHICH GIVES THE COMMANDER IN CHIEF CERTAIN POWERS. AND THE

DEPARTMENT OF JUSTICE SAID THAT HE COULD USE THOSE POWERS TO

NOT GIVE 30 DAYS’ NOTICE BECAUSE IT COULD JEOPARDIZE THE LIFE

OF AN AMERICAN CITIZEN. NOW, MAYBE THERE’S THOSE THAT ARGUE

THAT’S OKAY. FOLLOW THE AUTHORIZATION LAW INSTEAD OF ARTICLE 2

BECAUSE THE AUTHORIZATION LAW SOMEHOW OR OTHER HAS PRECEDENCE

OVER ARTICLE 2, WHICH IT DOESN’T. ARTICLE 2 IS PART OF THE

CONSTITUTION. BUT THE AUTHORIZATION ACT ITSELF WAS SAID TO BE

SUBJECT TO ARTICLE 2 POWERS OF THE PRESIDENT WHEN HE SIGNED THE

VERY ACT. AND SO WHAT HAPPENED?

THE PRESIDENT DECIDED, BECAUSE OF THE EX-INCH ENSIS OF THESE

CIRCUMSTANCES, WHETHER YOU AGREE TO OR DON’T AGREE WITH THE

DETAILS OF THE DEAL — THAT’S ONE ISSUE. PEOPLE WITH DISAGREE

WITH THAT ALL THEY WANT. ONCE THE PRESIDENT DECIDED HE WAS

GOING TO MAKE THAT DEAL AND SAVE THAT LIFE AND NOT JEOPARDIZE

THAT LIFE BY WAITING 30 DAYS, AT THAT POINT THE QUESTION IS,

WAS THAT ILLEGAL?

THAT’S WHAT A COURT COULD DECIDE, IF IT SO CHOSE, AS TO WHETHER

OR NOT A PRESIDENT COULD USE ARTICLE 2 POWERS IN ORDER TO ACT

QUICKLY TO SAVE AN AMERICAN LIFE. AND SO I THINK THAT

PREJUDGING THIS KIND OF AN ISSUE WITH THE KIND OF INVESTIGATION

THAT WOULD PREJUDGE IT — BECAUSE THAT’S PART OF THE RESOLUTION

ITSELF — IS NOT WHAT THIS SENATE SHOULD BE DOING. AND, BY THE

WAY, DURING THAT 30-DAY PERIOD, THE PRESIDENT WOULD HAVE HAD TO

OF NOT JUST WAITED 30 DAYS, HE WOULD HAVE ALSO HAD TO MADE ALL

KINDS OF DETAILED AND SUBSTANTIVE CLASSIFIED NOTEIFICATIONS. HE

WOULD HAVE HAD TO HAVE MADE CERTAIN KINDS OF FINDINGS, A

DETAILED STATEMENT OF THE BASIS FOR THE TRANSFER OF RELEASE, AN

EXPLANATION OF WHY THE TRANSFERS OF RELEASE IS IN THE NATIONAL

SECURITY INTERESTS OF THE UNITED STATES, A DESCRIPTION OF ANY

ACTIONS TAKEN TO MITIGATE THE RISKS. HE WOULD HAVE HAD TO HAVE

DONE ALL OF THAT BEFORE HE WAS ABLE TO EXECUTE THE TRANSFER OF

AN AMERICAN CITIZEN FOR THE SAFETY OF THIS COUNTRY. NOW, THE

PRESIDENT DID DO ALL OF THOSE THINGS IMMEDIATELY AFTER HE MADE

THE DECISION TO AFNLGT SO WE GOT ALL OF THAT NOTIFICATION. THAT

IS REQUIRED BY LAW. BUT WE DIDN’T GET IT 30 DAYS IN ADVANCE.

BECAUSE OF THE JEEP DHAI WOULD HAVE BEEN CREATED TO AN AMERICAN

LIFE. AND AGAIN PEOPLE ARE GOING TO DISAGREE AS TO WHETHER OR

NOT THIS AGREEMENT SHOULD HAVE BEEN

BUT THAT’S A VERY DIFFERENT ISSUE AS TO WHETHER OR NOT WE

SHOULD PREJUDGE AS TO WHETHER OR NOT THE PRESIDENT, WHO ACTED

UNDER HIS ARTICLE 2 POWERS AND TOLD US HE MIGHT WHEN HE SIGNED

THIS BILL, ACTED ILLEGALLY. AND THAT’S WHAT THIS RESOLUTION

SAYS HAPPENED. THE PRESIDENT ACTED ILLEGALLY AND PREJUDGES AN

INVESTIGATION. AND I THINK FOR A NUMBER OF REASONS IT IS

INAPPROPRIATE FOR US TO ADOPT THIS RESOLUTION, AND SO I WILL

OBJECT.

 

MR. PORTMAN: MR. PRESIDENT?

 

THE PRESIDING OFFICER: THE SENATOR FROM OHIO.

 

MR. PORTMAN: IT IS UNFORTUNATE WE CAN’T FIND AT LEAST AT THIS

POINT BIPARTISAN AGREEMENT ON SOMETHING AS STRAIGHTFORWARD AS

THIS. TO MY FRIEND FROM MICHIGAN, I WOULD SAY A COUPLE OF

THINGS. ONE, THIS RESOLUTION DOES NOT PREJUDGE THE

INVESTIGATION. THE RESOLUTION DOES NOT TALK ABOUT THE

PRESIDENT’S ARTICLE 2 POWERS. IT VERY CLEARLY SAYS THE

TRANSFERS OF THESE DETAINEES VIOLATED THE NATIONAL DEFENSE

AUTHORIZATION ACT LEGISLATION THAT YOU BROUGHT TO THE FLOOR AND

THE APPROPRIATIONS BILL. THAT’S WHAT IT SAYS. SO THAT IS CLEAR

BY THE VERY LANGUAGE IN THOSE BILLS, THAT IT DOES VIOLATE THOSE

BILLS. IT DOESN’T TALK ABOUT THE CONSTITUTIONAL AUTHORITIES THE

PRESIDENT MAY HAVE. IT DOES SAY THAT IT VIOLATES THE CLEAR

TERMS OF THIS LEGISLATION. IT DOES NOT PREJUDGE THE

INVESTIGATION, WHICH IS INTO WHY. WITH AGAIN THE INTENT OF

TRYING TO KEEP THIS FROM HAPPENING AGAIN. AND I DO THINK THE

PRESIDENT COULD HAVE USED REASONED JUDGMENT FROM PEOPLE WHO

HAVE BEEN AROUND FOR AWHILE, MAYBE EVEN SENATOR LEVIN, WHO HAS

STRONG VIEWS ON THESE NATIONAL SECURITY MATTERS AND WAS

INVOLVED EARLIER IN HEARINGS THAT I WAS IN WHERE UNDER OATH

ADMINISTRATION OFFICIALS TALKED ABOUT HOW DANGEROUS THESE VERY

MEN WERE. SECOND, SENATOR LEVIN IS CORRECT WHEN HE SAYS THE

PRESIDENT CAN’T CHANGE THE LAW, AND THAT’S WHAT WE’RE SAYING.

HE CAN’T CHANGE THE LAW. IF HE DIDN’T BELIEVE THAT THIS LAW WAS

APPROPRIATE, HE SHOULD HAVE VETOED IT. AND HE’S DONE THAT IN

THE PAST, AS HAVE OTHER PRESIDENTS, VETOED LEGISLATION THEY

DIDN’T AGREE WITH. I DO BELIEVE THAT UNDER ARTICLE 2, THAT

CHAIRMAN LEVIN IS CORRECT THAT THE PRESIDENT DOES HAVE CERTAIN

AUTHORITIES. AND THAT’S WHY WE WERE VERY CAREFUL WHEN WE

DRAFTED THIS LEGISLATION, THIS RESOLUTION, TO SAY THIS SAYS

THAT THE CONGRESS SHALL GO ON RECORD ESTABLISHING THAT UNDER

THE CLEAR TERMS OF THESE TWO LAWS THAT WERE PASSED BY THE

CONGRESS, SIGNED INTO LAW BY THE PRESIDENT, THE PRESIDENT DID

NOT FOLLOW THE TERMS OF THOSE LAWS. THAT’S CLEAR. THE

INVESTIGATION THEN IS INTO WHY. AND THE ARMED SERVICES

COMMITTEE WOULD HAVE THE ABILITY TO DO THAT. BY THE WAY, TODAY

I KNOW MANY ARE CELEBRATING THE CAPTURE OF AHMED ABU KHATALLA,

ONE OF THE TERRORISTS WHO ATTACKED THE AMERICAN COMPOUND IN

BENGHAZI. AND I AM GLAD TO HEAR THAT WE HAVE CAPTURED HIM AND

UNDERSTAND HE MIGHT BE ON HIS WAY BACK TO THE UNITED STATES OF

AMERICA. IT’S INTERESTING BECAUSE WE GOT NOTICE. I DON’T KNOW

IF THE CHAIRMAN WAS NOTIFIED. THAT WASN’T REQUIRED BY LAW, BY

THE WAY. IT’S JUST COMMON PRACTICE THAT THAT HAPPENS WHEN YOU

HAVE A RELATIONSHIP BETWEEN THE ADMINISTRATION AND CONGRESS

THAT IT’S CONFIDENTIAL. WE WERE NOTIFIED OF COURSE WITH REGARD

TO THE BIN LADEN CAPTURE. I CAN’T IMAGINE THE BIN LADEN CAPTURE

WAS ANY LESS SENSITIVE OR ANY DIFFERENT IN KIND TO MAKE IT

SOMETHING THAT WE COULD DO NOTIFICATION ON AND COULDN’T DO IT

ON THE RELEASE OF THESE FIVE DETAINEES FROM GUANTANAMO. SO THIS

IS SOMETHING THAT I THINK IS VERY REASONABLE. WE’RE ASKING FOR

JUSTIFICATION NOT AFTER THE DECISION IS MADE. THAT’S NOT WHAT

THE LEGISLATION SAYS. IT SAYS BEFORE THE DECISION IS MADE SO

THAT CONGRESS CAN HAVE THE OPPORTUNITY TO DISCUSS THIS WITH THE

PRESIDENT AND TO MAKE SURE THAT IN FACT WE ARE PROCEEDING

APPROPRIATELY WITH THESE VERY DANGEROUS DETAINEES AT

GUANTANAMO. I WOULD AGAIN MAKE THE POINT THAT SOME OF THESE

DETAINEES WERE — DETAINEES AT GUANTANAMO RIGHT NOW ARE PEOPLE

WHO LIKE IN THE CASE OF THESE FIVE TALIBAN ARE CONSIDERED TO BE

EXTREMELY DANGER. I WOULD ASK THE QUESTION, IF CONGRESS IS ON

RECORD SAYING WE EXPECT THE LAW TO BE FOLLOWED HERE AND THE

PRESIDENT OUGHT TO NOTIFY CONGRESS BEFORE WE RELEASE THESE

PEOPLE, WHAT’S GOING TO HAPPEN WITH KHALID SHEIK HUMID?

WHAT’S GOING TO HAPPEN — KHALID SHAKE MUHAMMAD?

WHAT’S GOING TO HAPPEN WITH HUMBALI?

THESE ARE ALSO PEOPLE WHO ARE AT GUANTANAMO. THE PRESIDENT SAYS

HE WANTS TO SHUT IT DOWN. I THINK THE LEGISLATION THAT SENATOR

LEVIN AND OTHERS DRAFTED WHICH, BY THE WAY, WAS LEGISLATION

THAT CHANGED OVER TIME. IT EVOLVED. THE TPHOEUFGS — THE

NOTIFICATION WAS A SLIGHT REQUIREMENT ON THE PRESIDENT COMPARED

TO THE PREVIOUS LEGISLATION WHEN I WAS ON THE ARMED SERVICES

COMMITTEE WITH CHAIRMAN LEVIN. THIS WAS SOMETHING THAT WE

THOUGHT ABOUT. WE DECIDED NOTIFICATION WAS APPROPRIATE.

NOTIFYING CONGRESS AND PROVIDING DETAILED JUSTIFICATION, IT’S

NOT TOO MUCH TO ASK. AGAIN, MR. PRESIDENT, WE REQUIRE THE

PRESIDENT TO CONSULT WITH CONGRESS BEFORE RELEASING GUANTANAMO

DETAINEES. WE SPOKE WITH ONE VOICE HERE IN THE UNITED STATES

CONGRESS. THE PRESIDENT IGNORED THAT LEGAL REQUIREMENT. HE

IGNORED THE VOICE OF CONGRESS, IGNORED THE LAW. IF WE’RE NOT

GOING TO HOLD HIM ACCOUNTABLE, I DON’T KNOW WHO WILL. AGAIN,

WHAT DOES IT SAY ABOUT THE SEPARATION OF POWERS ENSHRINED IN

OUR CONSTITUTION, WHICH SIMPLY SAYS CONGRESS HAS A ROLE AS ONE

OF THE BRANCHES OF GOVERNMENT. NO DECLARATION, NO

INVESTIGATION, NO RECOURSE. I DON’T THINK THAT’S GOING TO BE

HELPFUL IN TERMS OF ENSURING THAT BALANCE OF POWER CONTINUES

AND THAT, AGAIN, WE DON’T HAVE THIS SITUATION RECUR AS THE

PRESIDENT IS TALKING ABOUT SHUTTING DOWN GUANTANAMO BAY AND

RELEASING OTHER DETAINEES. I HOPE MY FRIENDS ON THE OTHER SIDE

OF THE AISLE WILL RECONSIDER THEIR COURSE OF ACTION TODAY AND

TAKE A CAREFUL LOOK AT THIS RESOLUTION WHICH WAS CAREFULLY

DRAFTED INCLUDING NOT TO IMPINGE ON THE PRESIDENT’S

CONSTITUTIONAL POWERS UNDER ARTICLE 2. I THINK THE STAKES ARE

SIMPLY TOO HIGH TO DO OTHERWISE. I YIELD BACK MY TIME.

THE PRESIDING OFFICER: THE SENATOR FROM MICHIGAN.

MR. LEVIN: MR. PRESIDENT, THANK YOU. AND I THANK MY FRIEND FROM

OHIO. MR. PRESIDENT, FIRST OF ALL, WHAT THE RESOLUTION SAYS,

LET ME READ THE RESOLUTION. “CONGRESS SHOULD INVESTIGATE THE

ACTIONS TAKEN BY PRESIDENT OBAMA AND HIS ADMINISTRATION THAT

LED TO THE UNLAWFUL TRANSFER OF SUCH DETAINEES.” SO WHEN MY

FRIEND SAYS IT DOESN’T SAY, DOESN’T PREJUDGE THAT IT WAS

UNLAWFUL, BY ITS VERY TERMS IT SAYS “INVESTIGATE THE ACTIONS

TAKEN BY PRESIDENT OBAMA THAT LED TO THE UNLAWFUL TRANSFER OF

SUCH DETAINEES.” THAT’S WHAT THE RESOLUTION SAYS. SECONDLY, THE

POINT THAT THE RESOLUTION MAKES NO REFERENCE TO ARTICLE 2. MY

FRIEND SAYS THAT, AND HE’S ACCURATE IN THAT REGARD. THAT’S THE

PROBLEM. WHAT’S MISSING IS WHAT THE PRESIDENT WAS ADVISED HE

COULD DO, ACT UNDER HIS ARTICLE 2 POWERS, AND WHAT THE

PRESIDENT SAID HE WOULD DO WHEN HE SIGNED THIS BILL. THIRD, THE

FACT THAT WE WERE NOTIFIED OF BIN LADEN’S CAPTURE, I DON’T KNOW

HOW MANY OF US WERE NOTIFIED, BUT IT SURE WASN’T 30 DAYS BEFORE

HE WAS CAPTURED IF IT WAS AT ALL. THAT’S THE ISSUE HERE. NOT

WHETHER OR NOT THE PRESIDENT SHOULD HAVE NOTIFIED. AND, BY THE

WAY, I THINK HE COULD HAVE DONE A BETTER JOB OF NOTIFYING

CONGRESS. THAT’S NOT THE QUESTION. THE QUESTION IS WHETHER OR

NOT HE HE ACTED ILLEGALLY, AS THE RESOLUTION SAYS HE DID,

BECAUSE HE DIDN’T FOLLOW THE 30-DAY NOTICE REQUIREMENT WHICH,

IN HIS JUDGMENT AND I THINK A LOT OF OTHER PEOPLE’S JUDGMENTS,

INCLUDING MINE, WOULD HAVE JEOPARDIZED THE LIFE OF AN AMERICAN

CITIZEN. SO HE ACTED UNDER ARTICLE 2 POWERS TO AVOID THAT

JEOPARDY. AND THERE IS NO REFERENCE TO ARTICLE 2 IN HERE. THERE

IS NO REFERENCE TO THE FACT THAT THE DEPARTMENT OF JUSTICE

INFORMED THE PRESIDENT HE COULD ACT WITHOUT ABIDING BY A 30-DAY

PROVISION IF HE ACTED UNDER HIS ARTICLE 2 POWER TO SAVE THE

LIFE OF AN AMERICAN CITIZEN. THERE ARE MANY REASONS THAT THIS

RESOLUTION — THERE’S MANY PROBLEMS THAT IT SEEMS TO ME THIS

RESOLUTION DOES NOT FAIRLY ADDRESS OR RESOLVE, AND THAT IS THE

REASON THAT I OBJECT. ONE OTHER THING, AND THAT IS MY FRIEND

FROM OHIO MADE REFERENCE TO JAMES CLAPPER WHO IS THE DIRECTOR

OF NATIONAL INTELLIGENCE. DIRECTOR CLAPPER SUPPORTS THE DEAL

THAT WAS MADE RELATIVE TO THIS TRANSFER, AS DOES GENERAL

DEMSEY, THE CHAIRMAN OF THE JOINT CHIEF OF STAFFS; AND ADMIRAL

WINIFELD, THE VICE CHAIRMAN OF THE JOINT CHIEFS. I YIELD THE

FLOOR.

At 4:45pm today, there will be a series of 2 roll call votes on the following items:

 

  1. Confirmation of Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General; and
  2. Cloture on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

4:47pm The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General;

Confirmed: 55-43

 

Next:

  1. Cloture on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

5:13pm The Senate began a 15 minute roll call vote on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill;

Invoked: 95-3

Cloture was invoked on the motion to proceed to H.R.4660, CJS appropriations, by a vote of 95-3. There will now be up to 30 hours of post-cloture debate on the motion to proceed. We hope to be able to yield back some of the post-cloture debate time and begin consideration of the bill tomorrow. There will be no further roll call votes today.

WRAP UP

No Roll Call Votes

 

Legislative items

Passed S.1237, the Omnibus Territories Act with a committee-reported substitute amendment and a Murkowski amendment.

 

Began the Rule 14 process of S.2491, To protect the Medicare program under title XVIII of the Social Security Act with respect to reconciliation involving changes to the Medicare program (Pryor) in order to place the bill on the Legislative Calendar.

 

No Executive items

=====================================================

Last Floor Action:6/17
7:23:44 P.M. – The House adjourned.

The next meeting is scheduled for 10:00 a.m. on June 18, 2014.

=====================================================

the Senate ~~ CONGRESS 6/17 ~~ the House


UScapitoltakenfromkenschramstory

The Senate stands adjourned until 10:00am on Tuesday, June 17, 2014.

Following any Leader remarks, the Senate be in a period of morning business until 11:00am with the time equally divided and controlled between the two Leaders or their designees.

 

At 11:00am, the Senate will proceed to Executive Session and proceed to a series of 4 roll call votes on the following:

–          Confirmation of Executive Calendar #740 Salvador Mendoza, Jr., of Washington, to be United States District Judge for the Eastern District of Washington,

–          Confirmation of Executive Calendar #741 Staci Michelle Yandle, of Illinois, to be United States District Judge for the Southern District of Illinois,

–          Confirmation of Executive Calendar #778 Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida, and

–          Motion to invoke cloture on Executive Calendar #572, Peter Joseph Kadzik, of New York, to be an Assistant Attorney General

11:03am The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #740 Salvador Mendoza, Jr., of Washington, to be United States District Judge for the Eastern District of Washington;

Confirmed: 92-4.

 

The remaining votes in this series will be 10 minute votes.

 

Next:

  1. Confirmation of Executive Calendar #741 Staci Michelle Yandle, of Illinois,  to be United States District Judge for the Southern District of Illinois,
  2. Confirmation of Executive Calendar #778 Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida,
  3. Cloture on Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General. If cloture is invoked on the Kazik nomination, there would be up to 8 hours for debate equally divided prior to a vote on confirmation of the nomination.

11:34am The Senate began a 10 minute roll call vote on confirmation of Calendar #741 Staci Michelle Yandle, of Illinois,  to be United States District Judge for the Southern District of Illinois.

Confirmed: 52-44

At 11:54am, the Senate began a 10-minute roll call vote on confirmation of Executive Calendar #778 Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida.

Confirmed: 98-0

At 12:10pm, the Senate began a 10-minute roll call vote on the motion to invoke cloture on Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General.

Invoked: 54-43

Cloture was invoked on the Kadzik nomination by a vote of 54-43.  There is now up to 8 hours for debate equally divided and controlled prior to a vote on confirmation of the nomination.  Following the remarks of Senators Murray and Thune, the Senate will recess until 2:15pm to allow for the weekly caucus meetings. The time during the recess will count post-cloture on the Kadzik nomination and the time during the recess will be equally divided.

 

When a vote on confirmation of the Kadzik nomination is set, another message will be sent.

This afternoon, Senator Portman asked unanimous consent the Armed Services Committee be discharged from further consideration of S.Res.469, the Senate proceed to its consideration , the preamble be agreed to and the resolution be agreed to.

 

S.Res.469 is a resolution expressing the sense of the Senate on May 31, 2014, transfer of five detainees from the detention facility at United States Naval Station, Guantanamo Bay, Cuba. (Portman and others)

 

Senator Levin objected to the request.

 

The unofficial transcript of the exchange is below.

 

  MR. PORTMAN: I RISE TODAY TO PUT THE SENATE ON RECORD ON

SOMETHING VERY IMPORTANT AND THAT IS SPEAKING TO THE DECISION

BY THE OBAMA ADMINISTRATION TO RELEASE FIVE TOP TALIBAN LEADERS

FROM GUANTANAMO BAY WITHOUT CONSULTING CONGRESS, AS REQUIRED BY

LAW. A DECISION THAT I BELIEVE ENDANGERS THE LIVES OF AMERICAN

PERSONNEL, NOT TO MENTION THE COUNTLESS AFGHANS AND THE SUCCESS

OF OUR MISSION IN AFGHANISTAN. IT’S BEEN WELL REPORTED IN THE

PRESS THAT THIS RELEASE WAS DONE WITHOUT CONSULTING CONGRESS OR

CONGRESSIONAL LEADERS ON EITHER SIDE OF THE AISLE, REPUBLICAN OR

BEFORE SUCH ACTION IS TAKEN, A REQUIREMENT THAT’S CONTAINED

BOTH IN AN AUTHORIZATION BILL CALLED THE 2004 NATIONAL DEFENSE

AUTHORIZATION ACT, AND A SPENDING BILL, THE CONSOLIDATED

APPROPRIATIONS ACT OF 2014, BOTH OF WHICH, BY THE WAY, MR.

PRESIDENT, PASSED CONGRESS WITH BIG BIPARTISAN MAJORITIES, BOTH

WERE BIPARTISAN BILLS AND THERE WAS A BIPARTISAN CONSENSUS

ABOUT HAVING THIS NOTIFICATION. DESPITE CEPHAL CHOSED-DOOR

BRIEFINGS AND PUBLIC COMMENTS FROM THE ADMINISTRATION SINCE WE

LEARNED OF THE RELEASE, THE ADMINISTRATION HAS BEEN UNABLE TO

PROVIDE ANY LEGITIMATE JUSTIFICATION FOR VIOLATING THE

REQUIREMENT AND FOR FAILING TO CONSULT WITH CONGRESS. I BELIEVE

THE PRESIDENT’S CONDUCT RAISES A LOT OF QUESTIONS AND QUESTIONS

WHICH SHOULD CONCERN EVERY MEMBER OF THIS BODY, BOTH SIDES OF

THE AISLE. IT’S NOT A PARTISAN ISSUE, NOR IS IT ABOUT WHAT KIND

OF SOLDIER SERGEANT BOW BERGDAHL MAY HAVE BEEN. THAT’S NOT WHAT

THIS IS B I

–THAT’S NOT WHAT THIS IS ABOUT. I TRUST THE ARMY WILL HANDLE

THAT MATTER. THIS IS ABOUT OUR ROLE IN THE U.S. CONGRESS AND

ABOUT OUR NATIONAL SECURITY. IT IS ABOUT PROTECTING OUR MEN AND

WOMEN IN AFGHANISTAN AND IRAQ. IT IS ABOUT MAKING SURE OUR

GAINS WILL NOT BE SQUANDERED, AS WE’RE SEEING TODAY IN THE

COUNTRY OF IRAQ. CONGRESS ENACTED THE BIPARTISAN NOTICE

REQUIREMENT TO SECURE THOSE INTERESTS AND PREVENT THE RELEASE

OF DANGEROUS TERRORISTS WHO WERE HIKELY TO REJOIN — LIKELY TO

REJOIN THE FIGHT. IT REQUIRES THE PRESIDENT TO GIVE A DETAILED

JUSTIFICATION FOR THE RELEASE OF DETAINEES FROM GUANTANAMO BAY.

WHY SUCH A RELEASE IS IN THE COUNTRY’S NATIONAL SECURITY

INTERESTS, WHAT ACTIONS THE ADMINISTRATION WILL TAKE TO NOTIFY

US AND PROVIDE A JUSTIFICATION FOR THE RELEASE AND THE

CONDITIONS OF THAT RELEASE. I BELIEVE HAD THE PRESIDENT

FOLLOWED THE LAW, MADE THE DANGERS — MAYBE THE DANGERS IMPOSED

BY THIS DECISION MAY HAVE BEEN AVOIDED ALTOGETHER. CONCERNS

WERE MADE ON BOTH SIDES OF THE AISLE. BECAUSE MAKE NO MISTAKE

THESE FIVE MEN WHO WERE RELEASED ARE DANGEROUS. DON’T TAKE MY

WORD FOR IT. THIS IS WHAT THE ADMINISTRATION HAS SAID

REPEATEDLY. I WAS THERE IN A HEARING BEFORE THE SENATE ARMED

SERVICES COMMITTEE IN 2012. I WAS A MEMBER OF THE COMMITTEE AT

THAT TIME. CHAIRMAN LEVIN, WHO IS HERE WITH US TODAY, ASKED

SOME VERY GOOD QUESTIONS, INCLUDING QUESTIONS TO JAMES CLAPPER. WHAT DID MR. CLEARP SAY?

HE REITERATED A 2010 ADMINISTRATION ASSESSMENT THAT THESE FIVE

TALIBAN LEADERS, THESE SAME FIVE WHO WERE JUST RELEASED, POSED

A HIGH RISK OF RETURNING TO THE FIGHT. ON THIS VERY POINT,

DIRECTOR CLAPPER DID NOT EQUIVOCATE SAYING, “I DO NOT THINK

ANYONE HARBORS ANY ILLUSIONS ABOUT THESE FIVE TALIBAN MEMBERS

WHANGDZ THEY MIGHT DO IF THEY WERE TRANSFERRED.” THIS WAS SWORN

TESTIMONY BEFORE OUR COMMITTEE. EVEN IF HE PRESIDENT ADMITS

THAT THERE IS, AS HE HAS SAID, “ABSOLUTELY A RISK THAT THESE

MEN WILL RETURN TO THE BATTLEFIELD” — THE PRESIDENT SAYS THAT

NOW — THESE MEN WERE SENIOR MEMBERS OF THE TALIBAN. THEY

INCLUDE THE TALIBAN DEPUTY DEFENSE MINISTER, THE DEPUTY

MINISTER OF THE INTERIOR, SOME WERE CLOSELY ASSOCIATED WITH

OSAMA BIN LADEN OR AL QAEDA. TWO WERE WANTED BY THE UNITED

NATIONS FOR WAR CRIMES. YET DESPITE THESE RED FLASHINGS WHICH

ACCORDING TO REPORTS IN THE PRESS WERE REITERATED DURING

INTERNAL WHITE HOUSE DEBATES OVER THE TRANSFER, PRESIDENT OBAMA

RELEASED THESE MEN ANYWAY WITHOUT FOLLOWING THE NOTICE PROVIDED

UNDER THE LAW. WE NEED TO KNOW WHY. WE NEED TO KNOW WHAT

SECURITY RISKS THESE FIVE INDIVIDUALS POSE. WE NEED TO KNOW

WHAT MEASURES WERE PUT IN PLACE TO MITIGATE THAT RISK. I DON’T

KNOW WHY ANY MEMBER OF THIS BODY WOULD OPPOSE GOING ON RECORD

SAYING THAT THE LAW WAS VIOLATED AND SEEKING ANSWERS TO THESE

GOOD QUESTIONS. I AM GOING TO ASK FOR UNANIMOUS CONSENT ON A

RESOLUTION THAT I HAVE OFFERED AND THAT MANY OF MY COLLEAGUES

HAVE COSPONSORED CALLING ON CONGRESS THROUGH REGULAR ORDER TO

INVESTIGATE THE DECISION TO AUTHORIZE THIS RELEASE. THIS

RESOLUTION HAS A VERY NARROW PURPOSE. IT ONLY SEEKS TO ENSURE

THAT WHEN CONGRESS SPEAKS — AND I REMIND YOU, THIS PROVISION

ON GUANTANAMO PASSED IN ON OVERWHELMING BIPARTISAN MANNER –

THAT WHEN THE CONGRESS SPEAKS, THE PRESIDENT LISTENS. NO MATTER

WHAT PARTY THE PRESIDENT IS FROM, OUR ENTIRE CONSTITUTIONAL

BALANCE DEPENDS ON ADHERENCE TO THE RULE OF LAW. BUT THIS IS

ABOUT MORE THAN THE PRESIDENT IGNORING CONGRESS. THE AMERICAN

PEOPLE ARE THE ONES WHO DESERVE THESE ANSWERS. WE’RE THEIR

REPRESENTATIVES. THAT’S WHY THAT PROVISION WAS PUT IN PLACE. SO

THAT WE REPRESENTING THEM COULD GIVE THE PRESIDENT BETTER

ADVICE. BUT THE AMERICAN PEOPLE DESERVE THESE ANSWERS. SOCIETY

DO, BY THE WAY, OUR — SO DO, BY THE WAY, OUR MEN AND WOMEN IN

UNIFORM WHO CONTINUE TO THOUGHT THEIR LIVES ON THE LINE EVERY

DAY. ALREADY SINCE THE RELEASE OF THESE DETAINEES EIGHT

AMERICAN SERVICEMEN HAVE LOST THEIR LIVES IN AFGHANISTAN. WE

STILL HAVE OVER 30,000 TROOPS IN THE THEATER, 30,000 AMERICANS

PUTTING THEIR LIVES ON THE LINE FOR US EVERY DAY. I THINK A LOT

OF THEM ARE WONDERING, WHAT WAS THE JUSTIFICATION?

WHY?

WHAT EFFECT WOULD IT HAVE ON THEM AND THEIR SAFETY?

ONE CAN HARDLY DOUBT THAT THE ADMINISTRATION’S DECISION TO

RELEASE THESE TALIBAN LEADERS WILL PUT EVEN MORE AMERICANS AT

RISK. AND WE SHOULD BE UNDER NO ILLUSIONS. IF WE TAKE NO

ACTION, I DO NOT BELIEVE THIS WILL BE THE LAST UNLAWFUL

TRANSFER OF DETAINEES FROM GUANTANAMO BAY. IF WE DON’T SPEAK

AND GO ON THE RECORD AND SAY, WAIT A MINUTE, WE HAVE A LAW

HERE, THIS IS WRONG, WE NEED A JUSTIFICATION, I THINK THE WRONG

MESSAGES WILL BE SENT TO THE ADMINISTRATION. CONGRESS DIDN’T

SEEM TO CARE THAT WE VIOLATED THE APPROPRIATIONS BILL, THE

AUTHORIZATION BILL AND WENT AHEAD. PRESIDENT OBAMA HAS MADE IT

CLEAR THAT CLOSING GUANTANAMO IS ONE OF HIS TOP PRIORITIES. I

UNDERSTAND THAT. BUT HE’S PROVIDED NO SUCH CLARITY ON WHAT HE

INTENDS TO DO WITH THE DANGEROUS MEN WHO ARE HOUSED THERE. MEN

LIKE KHALID SHEIKH MOHAMMED, HE’S THERE. WILL HE BE RELEASED?

INTO WHO’S CUSTODY?

THE TERRORIST KNOWN AS HUMBALI. RAM DID I BIN AL SHAH ABOUT A,

A HIGH-RANKING OPERATIVE. WE ALSO NEED TO REMEMBER WHY WE WENT

TO AFGHANISTAN IN THE FIRST PLACE. OF COURSE, UNDER 9/11, THE

COUNTRY HAD BECOME A HAVEN FOR AL QAEDA, A POWER BASE FOR OSAMA

BIN LADEN, AND A PLACE FROM WHICH TO PLAN AND LAUNCH ATTACKS

AGAINST US, AGAINST THE UNITED STATES AND OUR ALLIES. WE WENT

TO AFGHANISTAN TO SEEK JUSTICE FOR THOSE WHO DIED ON SEPTEMBER

11, BUT WE ALSO WENT TO REMOVE THE TALIBAN FROM POWER, TO FREE

THE AFGHAN PEOPLE AND MAKE SURE THAT IT NEVER BECOME A BASE FOR

TERRORISM. WE MUST NOT BE BLIND TO THE FACT THAT THE TALIBAN

AIMS TO REGAIN AS MUCH POWER AS THEY CAN IN AFGHANISTAN AND

PAKISTAN. THAT MEANS A RETURN TO THE SUPPRESSION OF WOMEN’S

RIGHTS AND MOST IMPORTANT THROIS AND OUR NATIONAL SECURITY, THE

COMPLICIT HARBORING OF AL QAEDA. WE HAVE JUST RETURNED TO THEM

THE LEADERSHIP TEAM TO HELP THEM ACHIEVE THAT GOAL. PRESIDENT

OBAMA TELLS US THE WAR IN AFGHANISTAN IS COMING TO AN END. WE

NEED TO ENSURE THAT THAT END IS ONE OF SUSTAINABLE VICTORY, NOT

DEFEAT. THE DETERIORATING SITUATION WE SEE UNFOLDING BEFORE US

ON OUR TV SETS IN IRAQ TODAY DEMONSTRATES WHAT CAN HAPPEN WITH

WE RUSH TO THE EXITS WITHOUT PREPARING FOR AN APPROPRIATE EXIT.

TODAY THE BLACK FLAG OF RADICAL ISLAM FLIES OVER THE

SECOND-LARGEST CITY IN IRAQ AND OUR MILL AT THAT POINTS ARE

ADVANCING ON BAGHDAD, PROCLAIMING VICTORY IN IRAQ DID NOT MAKE

IT SO. MANY MADE IT CLEAR THAT IF WE FAILED TO MAINTAIN

APPROPRIATE FORCES IN IRAQ TO HELP THE GOVERNMENT TRANSITION

AND ESTABLISH ITS AUTHORITY, THE LONG-TERM STABILITY OF IRAQ

WOULD BE OPEN TO THREATS BY RADICAL GROUPS. WE CHOSE NOT TO

COMPLETE A STATUS OF FORCES AGREEMENT WITH THE MALIKI

GOVERNMENT. PRESIDENT OBAMA DID NOT HEED THE WARPINGS FROM

THOSE WHO SAW THESE THREATS AND UNFORTUNATELY WE’RE SEEING SOME

OF THESE PREDICTIONS COME TRUE. WHATEVER WE DO IN AFGHANISTAN,

I HOPE WE LEARN FROM THE LESSONS OF IRAQ. THE DECISIONS TO

RELEASE HIGH-RANK MEMBERS OF THE TALIBAN WHILE THE FIGHT

AGAINST TALIBAN CONTINUES TO THIS DAY HAS SHAKEN THE TRUST OF

THE AMERICAN PEOPLE, THE TRUST. AFGHAN PEOPLE, AND IT OPENS THE

FACT THAT WHAT WE’RE SEEING IN IRAQ MAY BE A FORESHADOWING OF

AFGHANISTAN’S FUTURE. CONGRESS HAS THE RESPONSIBILITY TO GET TO

THE BOTTOM OF HOW THIS RELEASE HAPPENED AND TO ENSURE THAT IT

DOESN’T HAPPEN AGAIN. HYPOCRITE MY COLLEAGUES ON BOTH SIDES OF

THE AISLE WILL SUPPORT THE RESOLUTION THAT I’VE INTRODUCED SO

THAT WE CAN FULFILL THAT RESPONSIBILITY. MR. PRESIDENT, I SAID

THAT I WAS GOING TO OFFER A UNANIMOUS CONSENT RESOLUTION. I

WILL DO SO NOW. I ASK UNANIMOUS CONSENT THAT THE ARMED SERVICES

COMMITTEE BE DISCHARGED FROM FURTHER CONSIDERATION OF S. RES.

469, THAT THE SENATE PROCEED TO ITS CONSIDERATION, THAT THE

RESOLUTION BE AGREED TO, THE PREAMBLE BE AGREED TO, AND THE

MOTIONS TO RECONSIDER BE LAID ON THE TABLE, WITH NO INTERVENING

ACTION OR DEBATE.

THE PRESIDING OFFICER: IS IS THERE OBJECTION?

THE SENATOR FROM MICHIGAN.

 

MR. LEVIN: MR. PRESIDENT, AND I DO INTEND TO OBJECT TO THIS

RESOLUTION. IT PREJUDGES THE VERY CONCLUSION THAT THE

RESOLUTION SAYS AND WANTS AN INVESTIGATION TO DETERMINE, CALLS

FOR AN INVESTIGATION BUT THEN IT ALREADY CONCLUDES THAT THE

PRESIDENT VIOLATED THE LAW. THAT IS NOT WHAT I CALL AN

IMPARTIAL INVESTIGATION. THAT’S A RESOLUTION WHICH REACHES A

CONCLUSION WHICH IS PREJUDGING THE VERY INVESTIGATION THAT IT

CALLS FOR. NOW, THERE’S OTHER PROBLEMS HERE AS WELL. MY GOOD

FRIEND FROM OHIO HAS SAID THAT THE PRESIDENT VIOLATED THE LAW

BECAUSE HE DIDN’T GIVE 30 DAYS NOTICE TO THE CONGRESS. INDEED,

THE NATIONAL DEFENSE AUTHORIZATION ACT PROVIDES FOR 30 DAYS

NOTICE. BUT IT ALSO AS A MATTER OF FACT THE PRESIDENT SAID WHEN

HE SIGNED THE NATIONAL DEFENSE AUTHORIZATION ACT THAT IF THERE

WERE NECESSARY CIRCUMSTANCES WHERE THERE WERE NEGOTIATIONS

GOING ON WITH FOREIGN COUNTRIES OR FOREIGN PEOPLE IN TERMS OF

PRESERVING OR SAVING AN AMERICAN LIFE, THAT HE’S NOT GOING TO

BE BOUND BY 30 DAYS’ NOTICE. HE SAID THAT AT THE SIGNING

CEREMONY. NOW, YOU CAN’T CHANGE LAW OF A SIGNING CEREMONY. BUT

WHAT YOU CAN DO AT A SIGNING CEREMONY IS WHAT THIS PRESIDENT

DID. AT THE VERY SIGNING CEREMONY FOR THE VERY ACT THAT THE

PRESIDENT IS RELYING ON, THE PRESIDENT PUT US ON NOTICE THAT

THERE MIGHT BE CIRCUMSTANCES UNDER WHICH HE COULD NOT GIVE 30

DAYS’ NOTICE TO THE CONGRESS. NOW, WHEN HE DID NOT GIVE 30

DAYS’ NOTICE IN THIS CIRCUMSTANCE, HE DID IT ON THE ADVICE OF

COUNSEL, THE DEPARTMENT OF JUSTICE TOLD HIM THAT HE HAS POWERS

AS COMMANDER IN CHIEF UNDER ARTICLE 2. THAT’S PART OF THE LAW

OF THIS LAND. THE LAW OF THIS LAND INCLUDES THE NATIONAL

DEFENSE AUTHORIZATION ACT. AS A MATTER OF FACT, THE PRESIDING

OFFICER IS VERY MUCH AWAY OF THE FACT THAT THE NATIONAL DEFENSE

AUTHORIZATION ACT OF WHICH HE IS SO IMPORTANT A PART IS PART OF

THE LAW OF THIS LAND. SO IS ARTICLE 2 OF THE CONSTITUTION,

WHICH GIVES THE COMMANDER IN CHIEF CERTAIN POWERS. AND THE

DEPARTMENT OF JUSTICE SAID THAT HE COULD USE THOSE POWERS TO

NOT GIVE 30 DAYS’ NOTICE BECAUSE IT COULD JEOPARDIZE THE LIFE

OF AN AMERICAN CITIZEN. NOW, MAYBE THERE’S THOSE THAT ARGUE

THAT’S OKAY. FOLLOW THE AUTHORIZATION LAW INSTEAD OF ARTICLE 2

BECAUSE THE AUTHORIZATION LAW SOMEHOW OR OTHER HAS PRECEDENCE

OVER ARTICLE 2, WHICH IT DOESN’T. ARTICLE 2 IS PART OF THE

CONSTITUTION. BUT THE AUTHORIZATION ACT ITSELF WAS SAID TO BE

SUBJECT TO ARTICLE 2 POWERS OF THE PRESIDENT WHEN HE SIGNED THE

VERY ACT. AND SO WHAT HAPPENED?

THE PRESIDENT DECIDED, BECAUSE OF THE EX-INCH ENSIS OF THESE

CIRCUMSTANCES, WHETHER YOU AGREE TO OR DON’T AGREE WITH THE

DETAILS OF THE DEAL — THAT’S ONE ISSUE. PEOPLE WITH DISAGREE

WITH THAT ALL THEY WANT. ONCE THE PRESIDENT DECIDED HE WAS

GOING TO MAKE THAT DEAL AND SAVE THAT LIFE AND NOT JEOPARDIZE

THAT LIFE BY WAITING 30 DAYS, AT THAT POINT THE QUESTION IS,

WAS THAT ILLEGAL?

THAT’S WHAT A COURT COULD DECIDE, IF IT SO CHOSE, AS TO WHETHER

OR NOT A PRESIDENT COULD USE ARTICLE 2 POWERS IN ORDER TO ACT

QUICKLY TO SAVE AN AMERICAN LIFE. AND SO I THINK THAT

PREJUDGING THIS KIND OF AN ISSUE WITH THE KIND OF INVESTIGATION

THAT WOULD PREJUDGE IT — BECAUSE THAT’S PART OF THE RESOLUTION

ITSELF — IS NOT WHAT THIS SENATE SHOULD BE DOING. AND, BY THE

WAY, DURING THAT 30-DAY PERIOD, THE PRESIDENT WOULD HAVE HAD TO

OF NOT JUST WAITED 30 DAYS, HE WOULD HAVE ALSO HAD TO MADE ALL

KINDS OF DETAILED AND SUBSTANTIVE CLASSIFIED NOTEIFICATIONS. HE

WOULD HAVE HAD TO HAVE MADE CERTAIN KINDS OF FINDINGS, A

DETAILED STATEMENT OF THE BASIS FOR THE TRANSFER OF RELEASE, AN

EXPLANATION OF WHY THE TRANSFERS OF RELEASE IS IN THE NATIONAL

SECURITY INTERESTS OF THE UNITED STATES, A DESCRIPTION OF ANY

ACTIONS TAKEN TO MITIGATE THE RISKS. HE WOULD HAVE HAD TO HAVE

DONE ALL OF THAT BEFORE HE WAS ABLE TO EXECUTE THE TRANSFER OF

AN AMERICAN CITIZEN FOR THE SAFETY OF THIS COUNTRY. NOW, THE

PRESIDENT DID DO ALL OF THOSE THINGS IMMEDIATELY AFTER HE MADE

THE DECISION TO AFNLGT SO WE GOT ALL OF THAT NOTIFICATION. THAT

IS REQUIRED BY LAW. BUT WE DIDN’T GET IT 30 DAYS IN ADVANCE.

BECAUSE OF THE JEEP DHAI WOULD HAVE BEEN CREATED TO AN AMERICAN

LIFE. AND AGAIN PEOPLE ARE GOING TO DISAGREE AS TO WHETHER OR

NOT THIS AGREEMENT SHOULD HAVE BEEN

BUT THAT’S A VERY DIFFERENT ISSUE AS TO WHETHER OR NOT WE

SHOULD PREJUDGE AS TO WHETHER OR NOT THE PRESIDENT, WHO ACTED

UNDER HIS ARTICLE 2 POWERS AND TOLD US HE MIGHT WHEN HE SIGNED

THIS BILL, ACTED ILLEGALLY. AND THAT’S WHAT THIS RESOLUTION

SAYS HAPPENED. THE PRESIDENT ACTED ILLEGALLY AND PREJUDGES AN

INVESTIGATION. AND I THINK FOR A NUMBER OF REASONS IT IS

INAPPROPRIATE FOR US TO ADOPT THIS RESOLUTION, AND SO I WILL

OBJECT.

 

MR. PORTMAN: MR. PRESIDENT?

 

THE PRESIDING OFFICER: THE SENATOR FROM OHIO.

 

MR. PORTMAN: IT IS UNFORTUNATE WE CAN’T FIND AT LEAST AT THIS

POINT BIPARTISAN AGREEMENT ON SOMETHING AS STRAIGHTFORWARD AS

THIS. TO MY FRIEND FROM MICHIGAN, I WOULD SAY A COUPLE OF

THINGS. ONE, THIS RESOLUTION DOES NOT PREJUDGE THE

INVESTIGATION. THE RESOLUTION DOES NOT TALK ABOUT THE

PRESIDENT’S ARTICLE 2 POWERS. IT VERY CLEARLY SAYS THE

TRANSFERS OF THESE DETAINEES VIOLATED THE NATIONAL DEFENSE

AUTHORIZATION ACT LEGISLATION THAT YOU BROUGHT TO THE FLOOR AND

THE APPROPRIATIONS BILL. THAT’S WHAT IT SAYS. SO THAT IS CLEAR

BY THE VERY LANGUAGE IN THOSE BILLS, THAT IT DOES VIOLATE THOSE

BILLS. IT DOESN’T TALK ABOUT THE CONSTITUTIONAL AUTHORITIES THE

PRESIDENT MAY HAVE. IT DOES SAY THAT IT VIOLATES THE CLEAR

TERMS OF THIS LEGISLATION. IT DOES NOT PREJUDGE THE

INVESTIGATION, WHICH IS INTO WHY. WITH AGAIN THE INTENT OF

TRYING TO KEEP THIS FROM HAPPENING AGAIN. AND I DO THINK THE

PRESIDENT COULD HAVE USED REASONED JUDGMENT FROM PEOPLE WHO

HAVE BEEN AROUND FOR AWHILE, MAYBE EVEN SENATOR LEVIN, WHO HAS

STRONG VIEWS ON THESE NATIONAL SECURITY MATTERS AND WAS

INVOLVED EARLIER IN HEARINGS THAT I WAS IN WHERE UNDER OATH

ADMINISTRATION OFFICIALS TALKED ABOUT HOW DANGEROUS THESE VERY

MEN WERE. SECOND, SENATOR LEVIN IS CORRECT WHEN HE SAYS THE

PRESIDENT CAN’T CHANGE THE LAW, AND THAT’S WHAT WE’RE SAYING.

HE CAN’T CHANGE THE LAW. IF HE DIDN’T BELIEVE THAT THIS LAW WAS

APPROPRIATE, HE SHOULD HAVE VETOED IT. AND HE’S DONE THAT IN

THE PAST, AS HAVE OTHER PRESIDENTS, VETOED LEGISLATION THEY

DIDN’T AGREE WITH. I DO BELIEVE THAT UNDER ARTICLE 2, THAT

CHAIRMAN LEVIN IS CORRECT THAT THE PRESIDENT DOES HAVE CERTAIN

AUTHORITIES. AND THAT’S WHY WE WERE VERY CAREFUL WHEN WE

DRAFTED THIS LEGISLATION, THIS RESOLUTION, TO SAY THIS SAYS

THAT THE CONGRESS SHALL GO ON RECORD ESTABLISHING THAT UNDER

THE CLEAR TERMS OF THESE TWO LAWS THAT WERE PASSED BY THE

CONGRESS, SIGNED INTO LAW BY THE PRESIDENT, THE PRESIDENT DID

NOT FOLLOW THE TERMS OF THOSE LAWS. THAT’S CLEAR. THE

INVESTIGATION THEN IS INTO WHY. AND THE ARMED SERVICES

COMMITTEE WOULD HAVE THE ABILITY TO DO THAT. BY THE WAY, TODAY

I KNOW MANY ARE CELEBRATING THE CAPTURE OF AHMED ABU KHATALLA,

ONE OF THE TERRORISTS WHO ATTACKED THE AMERICAN COMPOUND IN

BENGHAZI. AND I AM GLAD TO HEAR THAT WE HAVE CAPTURED HIM AND

UNDERSTAND HE MIGHT BE ON HIS WAY BACK TO THE UNITED STATES OF

AMERICA. IT’S INTERESTING BECAUSE WE GOT NOTICE. I DON’T KNOW

IF THE CHAIRMAN WAS NOTIFIED. THAT WASN’T REQUIRED BY LAW, BY

THE WAY. IT’S JUST COMMON PRACTICE THAT THAT HAPPENS WHEN YOU

HAVE A RELATIONSHIP BETWEEN THE ADMINISTRATION AND CONGRESS

THAT IT’S CONFIDENTIAL. WE WERE NOTIFIED OF COURSE WITH REGARD

TO THE BIN LADEN CAPTURE. I CAN’T IMAGINE THE BIN LADEN CAPTURE

WAS ANY LESS SENSITIVE OR ANY DIFFERENT IN KIND TO MAKE IT

SOMETHING THAT WE COULD DO NOTIFICATION ON AND COULDN’T DO IT

ON THE RELEASE OF THESE FIVE DETAINEES FROM GUANTANAMO. SO THIS

IS SOMETHING THAT I THINK IS VERY REASONABLE. WE’RE ASKING FOR

JUSTIFICATION NOT AFTER THE DECISION IS MADE. THAT’S NOT WHAT

THE LEGISLATION SAYS. IT SAYS BEFORE THE DECISION IS MADE SO

THAT CONGRESS CAN HAVE THE OPPORTUNITY TO DISCUSS THIS WITH THE

PRESIDENT AND TO MAKE SURE THAT IN FACT WE ARE PROCEEDING

APPROPRIATELY WITH THESE VERY DANGEROUS DETAINEES AT

GUANTANAMO. I WOULD AGAIN MAKE THE POINT THAT SOME OF THESE

DETAINEES WERE — DETAINEES AT GUANTANAMO RIGHT NOW ARE PEOPLE

WHO LIKE IN THE CASE OF THESE FIVE TALIBAN ARE CONSIDERED TO BE

EXTREMELY DANGER. I WOULD ASK THE QUESTION, IF CONGRESS IS ON

RECORD SAYING WE EXPECT THE LAW TO BE FOLLOWED HERE AND THE

PRESIDENT OUGHT TO NOTIFY CONGRESS BEFORE WE RELEASE THESE

PEOPLE, WHAT’S GOING TO HAPPEN WITH KHALID SHEIK HUMID?

WHAT’S GOING TO HAPPEN — KHALID SHAKE MUHAMMAD?

WHAT’S GOING TO HAPPEN WITH HUMBALI?

THESE ARE ALSO PEOPLE WHO ARE AT GUANTANAMO. THE PRESIDENT SAYS

HE WANTS TO SHUT IT DOWN. I THINK THE LEGISLATION THAT SENATOR

LEVIN AND OTHERS DRAFTED WHICH, BY THE WAY, WAS LEGISLATION

THAT CHANGED OVER TIME. IT EVOLVED. THE TPHOEUFGS — THE

NOTIFICATION WAS A SLIGHT REQUIREMENT ON THE PRESIDENT COMPARED

TO THE PREVIOUS LEGISLATION WHEN I WAS ON THE ARMED SERVICES

COMMITTEE WITH CHAIRMAN LEVIN. THIS WAS SOMETHING THAT WE

THOUGHT ABOUT. WE DECIDED NOTIFICATION WAS APPROPRIATE.

NOTIFYING CONGRESS AND PROVIDING DETAILED JUSTIFICATION, IT’S

NOT TOO MUCH TO ASK. AGAIN, MR. PRESIDENT, WE REQUIRE THE

PRESIDENT TO CONSULT WITH CONGRESS BEFORE RELEASING GUANTANAMO

DETAINEES. WE SPOKE WITH ONE VOICE HERE IN THE UNITED STATES

CONGRESS. THE PRESIDENT IGNORED THAT LEGAL REQUIREMENT. HE

IGNORED THE VOICE OF CONGRESS, IGNORED THE LAW. IF WE’RE NOT

GOING TO HOLD HIM ACCOUNTABLE, I DON’T KNOW WHO WILL. AGAIN,

WHAT DOES IT SAY ABOUT THE SEPARATION OF POWERS ENSHRINED IN

OUR CONSTITUTION, WHICH SIMPLY SAYS CONGRESS HAS A ROLE AS ONE

OF THE BRANCHES OF GOVERNMENT. NO DECLARATION, NO

INVESTIGATION, NO RECOURSE. I DON’T THINK THAT’S GOING TO BE

HELPFUL IN TERMS OF ENSURING THAT BALANCE OF POWER CONTINUES

AND THAT, AGAIN, WE DON’T HAVE THIS SITUATION RECUR AS THE

PRESIDENT IS TALKING ABOUT SHUTTING DOWN GUANTANAMO BAY AND

RELEASING OTHER DETAINEES. I HOPE MY FRIENDS ON THE OTHER SIDE

OF THE AISLE WILL RECONSIDER THEIR COURSE OF ACTION TODAY AND

TAKE A CAREFUL LOOK AT THIS RESOLUTION WHICH WAS CAREFULLY

DRAFTED INCLUDING NOT TO IMPINGE ON THE PRESIDENT’S

CONSTITUTIONAL POWERS UNDER ARTICLE 2. I THINK THE STAKES ARE

SIMPLY TOO HIGH TO DO OTHERWISE. I YIELD BACK MY TIME.

THE PRESIDING OFFICER: THE SENATOR FROM MICHIGAN.

MR. LEVIN: MR. PRESIDENT, THANK YOU. AND I THANK MY FRIEND FROM

OHIO. MR. PRESIDENT, FIRST OF ALL, WHAT THE RESOLUTION SAYS,

LET ME READ THE RESOLUTION. “CONGRESS SHOULD INVESTIGATE THE

ACTIONS TAKEN BY PRESIDENT OBAMA AND HIS ADMINISTRATION THAT

LED TO THE UNLAWFUL TRANSFER OF SUCH DETAINEES.” SO WHEN MY

FRIEND SAYS IT DOESN’T SAY, DOESN’T PREJUDGE THAT IT WAS

UNLAWFUL, BY ITS VERY TERMS IT SAYS “INVESTIGATE THE ACTIONS

TAKEN BY PRESIDENT OBAMA THAT LED TO THE UNLAWFUL TRANSFER OF

SUCH DETAINEES.” THAT’S WHAT THE RESOLUTION SAYS. SECONDLY, THE

POINT THAT THE RESOLUTION MAKES NO REFERENCE TO ARTICLE 2. MY

FRIEND SAYS THAT, AND HE’S ACCURATE IN THAT REGARD. THAT’S THE

PROBLEM. WHAT’S MISSING IS WHAT THE PRESIDENT WAS ADVISED HE

COULD DO, ACT UNDER HIS ARTICLE 2 POWERS, AND WHAT THE

PRESIDENT SAID HE WOULD DO WHEN HE SIGNED THIS BILL. THIRD, THE

FACT THAT WE WERE NOTIFIED OF BIN LADEN’S CAPTURE, I DON’T KNOW

HOW MANY OF US WERE NOTIFIED, BUT IT SURE WASN’T 30 DAYS BEFORE

HE WAS CAPTURED IF IT WAS AT ALL. THAT’S THE ISSUE HERE. NOT

WHETHER OR NOT THE PRESIDENT SHOULD HAVE NOTIFIED. AND, BY THE

WAY, I THINK HE COULD HAVE DONE A BETTER JOB OF NOTIFYING

CONGRESS. THAT’S NOT THE QUESTION. THE QUESTION IS WHETHER OR

NOT HE HE ACTED ILLEGALLY, AS THE RESOLUTION SAYS HE DID,

BECAUSE HE DIDN’T FOLLOW THE 30-DAY NOTICE REQUIREMENT WHICH,

IN HIS JUDGMENT AND I THINK A LOT OF OTHER PEOPLE’S JUDGMENTS,

INCLUDING MINE, WOULD HAVE JEOPARDIZED THE LIFE OF AN AMERICAN

CITIZEN. SO HE ACTED UNDER ARTICLE 2 POWERS TO AVOID THAT

JEOPARDY. AND THERE IS NO REFERENCE TO ARTICLE 2 IN HERE. THERE

IS NO REFERENCE TO THE FACT THAT THE DEPARTMENT OF JUSTICE

INFORMED THE PRESIDENT HE COULD ACT WITHOUT ABIDING BY A 30-DAY

PROVISION IF HE ACTED UNDER HIS ARTICLE 2 POWER TO SAVE THE

LIFE OF AN AMERICAN CITIZEN. THERE ARE MANY REASONS THAT THIS

RESOLUTION — THERE’S MANY PROBLEMS THAT IT SEEMS TO ME THIS

RESOLUTION DOES NOT FAIRLY ADDRESS OR RESOLVE, AND THAT IS THE

REASON THAT I OBJECT. ONE OTHER THING, AND THAT IS MY FRIEND

FROM OHIO MADE REFERENCE TO JAMES CLAPPER WHO IS THE DIRECTOR

OF NATIONAL INTELLIGENCE. DIRECTOR CLAPPER SUPPORTS THE DEAL

THAT WAS MADE RELATIVE TO THIS TRANSFER, AS DOES GENERAL

DEMSEY, THE CHAIRMAN OF THE JOINT CHIEF OF STAFFS; AND ADMIRAL

WINIFELD, THE VICE CHAIRMAN OF THE JOINT CHIEFS. I YIELD THE

FLOOR.

At 4:45pm today, there will be a series of 2 roll call votes on the following items:

 

  1. Confirmation of Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General; and
  2. Cloture on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

4:47pm The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General;

Confirmed: 55-43

 

Next:

  1. Cloture on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

5:13pm The Senate began a 15 minute roll call vote on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill;

Invoked: 95-3

Cloture was invoked on the motion to proceed to H.R.4660, CJS appropriations, by a vote of 95-3. There will now be up to 30 hours of post-cloture debate on the motion to proceed. We hope to be able to yield back some of the post-cloture debate time and begin consideration of the bill tomorrow.

There will be no further roll call votes today.

WRAP UP

Roll Call Votes

1)     Confirmation of Executive Calendar #740 Salvador Mendoza, Jr., of Washington, to be United States District Judge for the Eastern District of Washington;  Confirmed: 92-4

2)     Confirmation of Executive Calendar #741 Staci Michelle Yandle, of Illinois,  to be United States District Judge for the Southern District of Illinois; Confirmed: 52-44

3)     Confirmation of Executive Calendar #778 Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida; Confirmed: 98-0

4)     Motion to invoke cloture on Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General; Invoked: 54-43

5)     Confirmation of Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General; Confirmed: 55-43

6)     Motion to invoke cloture on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill; Invoked: 95-3

 

Additional Legislative items

Concurred in the House amendment to S.1254, a bill to amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998, and for other purposes.

 

Adopted S.Res.477, designating June 20, 2014, as “American Eagle Day”, and celebrating the recovery and restoration of the bald eagle, the national symbol of the United States.

 

Completed the Rule 14 process of the following items in order to place the bills on the Legislative Calendar:

–        H.R.4453, S Corporation Permanent Tax Relief Act and

–        H.R.4457, America’s Small Business Tax Relief Act.

 

No Additional Executive items

 

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Last Floor Action:6/13
11:02:52 A.M. – The Speaker announced that the House do now adjourn pursuant to a previous special order.

The next meeting is scheduled for 12:00 p.m. on June 17, 2014.

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