Dianne Feinstein on Guantanamo Bay
Summary
Senator Feinstein remained a consistent and vocal supporter of closing Guantanamo Bay and ensuring that all detainees have habeaus corpus rights through the entirety of the Bush administration. She introduced several pieces of legislation to force the closure of the facility and ensure all detainees recieved civil rights. After the Obama administration took office, she applauded efforts on his part to close the facility and/or move the detainees, but has backed off the repeated legislative efforts to close the facility. In addition to supporting the closure of the facility, Senator Feinstein opposed the Military Commissions Act.
Military Commissions Act
Senator Feinstein opposed the Military Commissions Act, voted against it, and stated that she believed that the legislation was not constitutional. She outlined her opposition by stating that the law removed the writ of Habeaus Corpus, it allowed for the introduction of coerced testimony, it allowed for the use of enhanced interrogation techniques, and it removed the right of the accused to know all the information presented against them. She noted that how we treat prisoners here dictates how our prisoners are treated when captured.
Closing Guantanamo
In 2007, Senator Feinstein introduced the first legislation to force the closure of the facility. In introducing the legislation, she stated that she was deeply concerned that open-ended detentions and documented reports of detainee abuse at Guantanamo Bay have tarnished America’s reputation and complicated our efforts to fight global terrorism. She referred to the facility as a lightning rod for international condemnation.
The legislation itself would have force the President and the Department of Defense to close the detention facility at Guantanamo Bay and transfer all detainees to a civilian or military facility in the United States. Once there, they would be charged with a violation of U.S. or international law for prosecution in a civilian or military proceeding. Or they would be moved to a facility in the United States for continued detention, or tried under any international legal tribunal that may be authorized for this purpose. The detainees could also be returned to their home nations or a third-party government with assurances that detainees will not be tortured or otherwise handled in a manner against international law. Guantanamo Bay detainees who are found by the Department of Defense to pose no continuing security threat to the United States or its allies, and who have committed no crime, would be released.
In 2008, Senator Feinstein reacted to the Supreme Court's ruling in the Hamdan decision by asserting that the court struck down the administration's claim that the Geneva Conventions did not apply to the detainees at Guantanamo and repudiated the legal framework the Bush administration tried to construct to handle the trials of detainees.
In discussing that decisions, Senator Feinstein noted that there was a class of detainees at Guantanamo that can't be tried for a crime but who are deemed too dangerous to transfer and who, presumably, will be held indefinitely without charge. She stated that there needs to be a legal framework for that kind of administrative detention so that the detainees in administrative detention have certain due process rights to ensure they can know why they are there, that they can have an opportunity to rebut the charges, and that they can have access to counsel.
Letter to Secretary Rice and Secretary Gates
In October of 2008, Senator Feinstein wrote a letter to Secretary of Defense Gates and Secretary of State Rice, asking them to assist in the closure of the facility. She again stated that the decision to create a detention facility at Guantanamo under a separate and unequal system of justice was a mistake and that the Supreme Court has struck down the legal basis for these detentions in the Rasul, Hamdi, Hamdan, and Boumediene decisions.
Lawful Interrogation and Detention Act
In January of 2009, Senator Feinstein introduced the Lawful Interrogation and Detention Act. This legislation would require the closure of the facility within one year and outlined five options to address detainees. First, they can be charged with a crime and tried in the United States in the Federal civilian or military justice systems. Second, individuals could be transferred to an international tribunal, if such a tribunal exists. Third, detainees could be returned to their native countries or, if that is not possible, they could be transferred to a different country. Fourth, if the Secretary of Defense and the Director of National Intelligence agree an individual poses no security threat to the United States, the U.S. Government may release him. Finally, for detainees who cannot be addressed in any one of the other four options, the executive branch could hold them under existing authorities provided by the law of armed conflict.
Within days of introducing this legislation, President Obama issued an executive order to close the GITMO facility within a year. Senator Feinstein and Senator Wyden agreed to halt the legislation while the order took effect.
Assistant AG Confirmation
In March of 2009, Senator Feinstein spoke at a confimation hearing for an Assistant AG. She noted that he shared her view that an appropriate legal process should be folowed to uphold any decisions to detain individuals and that great care must be taken to ensure that anyone at Guantanamo who is transferred to other nations must not be allowed to pose a continuing threat to our national security.
Intelligence Authorization Act
As part of the 2012 Intelligence Authorization Act, Senator Feinstein was able to insert provisions to increase oversight of Guantanamo transfers and improve detainee monitoring. She also noted the Guantanamo recidivism rate had rise to more than 27 percent, and asserted that Congress needs full insight into the transfer and resettlement process.
Military Tribunals
In September of 2006, Senator Feinstein released a press statement noting her support for a recent decision by the Bush Administration on military tribunals and the need for new legislation to proceed.
Military Commissions Bill
In September of 2006, Senator Feinstein released a press statement noting her opposition to the Military Commissions Act. She noted that it gives the President unilateral powers, creates an ambiguous definition of torture, abandons independent review, and allows secret evidence.
Military Commissions Act
In September of 2006, Senator Feinstein spoke on the Senate floor discussing the Military Commissions Act. She noted an alternative version of the legislation and states that the present version is not constitutional.
No Permanent Courthouse
In December of 2006, Senator Feinstein released a press statement noting her support for a recent decision not to build a permanent court house in Guantanamo Bay.
Legislation to Move Prisoners
In April of 2007, Senator Feinstein released a statement noting legislation that she had introduced to require the transfer of prisoners from Guantanamo Bay.
Time to Close Guantanamo
On July 16, 2007 Senator Feinstein spoke on the Senate floor in support of legislaiton that she was introducing to require the closure of the military base at Guantanamo Bay when in comes to the use of that facility to house terrorists or detainees.
Waterboarding
In December of 2007, Senator Feinstein released a press statement noting her support for legislation to outlaw the use of waterboarding and other forms of torture.
Close Guantanamo within a Year
In July of 2007, Senator Feinstein released a press statement noting legislation that she was introducing to close the Guantanamo Bay facility within a year. In October of 2008, Senator Feinstein reintroduced this legislation and spoke about it on the Senate floor.
Enhanced Interrogation Techniques
In February of 2008, Senator Feinstein released a press statement noting a letter she had sent asking about the propriety of using contractors as interrogators.
Detainees are Entitled to Fundamental Rights
In June of 2008, Senator Feinstein released a press statement noting a recent supreme court decision which ruled that the Military Commissions Act of 2006 violated habeas corpus rights.
Effectiveness of Enhanced Interrogations
In June of 2008, Senator Feinstein released a press statement noting hearings that she was holding to investigate the effectiveness of enhanced interrogation techniques.
Hamdi Decision
In June of 2008, Senator Feinstein spoke on the Senate floor in reaction to the Supreme Court decision in Hamdi vs Bush. She noted that it was just another reason why Guantanamo Bay needed to be closed and Habeaus Corpus needed to be restored to everyone. She also noted several earlier instances in which she attempted to close Guantanamo Bay through legislation.
Checklist for Change
In June of 2008, Senator Feinstein spoke on the Senate floor to address what she called the Checklist for Change, noting a number of things that she would like to see change in the next administration and Congress.
Restoring America's Integrity Act
In August of 2008, Senator Feinstein released a press statement noting legislation she was introducing to end coercive interrogation techniques titled the Restoring America's Integrity Act.
Follow the Field Manual
In October of 2008, Senator Feinstein released a press statement noting her renewed call to ensure that all interrogation techniques should be done following the Army Field Manual.
Letter to Secretary Rice
In October of 2008, Senator Feinstein released a press statement noting a letter that she had sent to Secretary of State Rice calling for the closure of Guantanamo.
Lawful Interrogation and Detention Act
In January of 2009, Senator Feinstein joined with Senator Wyden to introduce the Lawful Interrogation and Detention Act. In the speech, she states that it is time to end the failed experiment called Guantanamo.
Reaction to President Obama's Order
In January of 2009, Senator Feinstein issued a press statement noting that she was holding back on legislation to force the closure of Guantanamo Bay while waiting for President Obama's executive order to take effect.
Hearings on CIA Programs
In March of 2009, Senator Feinstein released a press statement noting that the intelligence committee was going to be holding hearings into the enhanced interrogations.
Assistant AG Hearing
In March of 2009, Senator Feinstein spoke at a confirmation hearing for an Assistant Attorney General. In that hearing, she noted that the Assistant AG would plat a key role in the review of how to handle individuals there.
Federal Courts for Prosecution
In February of 2010, Senator Feinstein released a press statement noting her support for the use of federal courts to hold trials for detainees and a letter that she had sent to President Obama.
2012 Intelligence Authorization Act
In December of 2011, Senator Feinstein issued a statement noting some provisions that had been placed into the 2012 Inteligence Authorization Act to provide more oversight into funds surrounding Guantanamo Bay.
Voting Record
Preventing funds from Transferring Detainees to the US
In November of 2009, the senate voted on an amendment to the appropriations bill to prevent funds from being used to construct facilities to house detainees in the US or to move detainees to the US. The measure failed (was tabled) 57-43.
Dianne Feinstein voted against restricting funding by voting to table the amendment.Dianne Feinstein voted against restricting funding by voting to table the amendment.
Limiting Transfer of Detainees
In May of 2009, the Senate voted on an amendment to limit the release or transfer of detainees until a report is released on the prisoner population there. The measure passed 92-3. Dianne Feinstein voted in favor of the measure.
Dianne Feinstein voted in favor of the measure.
Prohibiting Funds for Transfer
In May of 2009, the Senate voted on an amendment to prohibit funding to transfer, release, or incarcerate detainees detained at Guantanamo Bay, Cuba, to or within the United States. The amendment passed 90-6. Dianne Feinstein voted in favor of the legislation to prohibit funding for transferring detainees.
Dianne Feinstein voted in favor of the legislation to prohibit funding for transferring detainees.
Military Commissions Act of 2006
The Military Commissions Act of 2006 established the authority to hold military tribunals for unlawful enemy combatants. It also defined that term and several others. The legislation was passed 65-34 in September of 2006. Dianne Feinstein voted against the Military Commissions Act of 2006.
Dianne Feinstein voted against the Military Commissions Act of 2006.
Removing Funds for Transfer
In April of 2005, the Senate voted on a measure to reduce by $36,000,000 the amount appropriated for "Military Construction, Army", with the amount of the reduction to be allocated to funds available under that heading for the Camp 6 Detention Facility at Guantanamo Bay, Cuba. The measure failed 27-71. Dianne Feinstein voted in favor of reducing the spending for Guantanamo.
Dianne Feinstein voted in favor of reducing the spending for Guantanamo.
Sponsored and Cosponsored Legislation
Session-110; Bill Number-S 1249; Closing Guantanamo - Prime Sponsor
A bill to require the President to close the Department of Defense detention facility at Guantanamo Bay, Cuba, and for other purposes.
Session-111; Bill Number-S 147; Lawful Interrogation and Detention Act - Prime Sponsor
Directs the President, within one year after the enactment of this Act, to close the detention facility at Guantanamo Bay, Cuba, and remove all detainees held there. Requires each such detainee to be either: (1) charged with a violation of U.S. or international law and transferred to an appropriate U.S. facility for further legal proceedings; (2) transferred for trial to an international tribunal operating under United Nations (UN) authority; (3) transferred (under certain conditions) to the custody of the government of the individual's country of citizenship or a different country; (4) released; or (5) held in accordance with the law of the armed conflict. Prohibits an individual in the custody or control of an element of the intelligence community (IC) or contractor or subcontractor thereof, regardless of the individual's nationality or physical location, from being subject to any treatment or technique of interrogation not authorized by the U.S. Army Field Manual on Human Intelligence Collector Operations. Prohibits the Director of the Central Intelligence Agency (CIA) from allowing a CIA contractor or subcontractor to carry out an interrogation. Requires any interrogation carried out on behalf of the CIA to be conducted only by a CIA employee. Requires the head of an IC element or a contractor or subcontractor of such element who detains or has custody or control over an individual to notify the International Committee of the Red Cross of such detention, and to provide Red Cross access to such individual in a manner consistent with practices of the Armed Forces.
Session-110; Bill Number-S 1249; Closing Guantanamo - Prime Sponsor
Requires the President to close the Department of Defense (DOD) detention facility at Guantanamo Bay, Cuba. Requires all current detainees there to be: (1) transferred to a military or civilian detention facility in the United States (U.S. facility) and charged with a violation of U.S. or international law and tried before a regularly-constituted court; (2) transferred to a U.S. facility without being charged if the detainee may be held as an enemy combatant or pursuant to other legal authority; (3) transferred to an international tribunal operating under authority of the United Nations (UN) with jurisdiction to hold trials; (4) transferred to their country of citizenship or a different country for further legal process, provided that such country provides adequate assurances that the individual will not be subject to torture or cruel, inhuman, or degrading treatment; or (5) released from any further detention.