i'm being president the committee will come to order pursuant to notice we are meeting to consider the following three resolutions house resolution and to two directing the secretary of homeland security to proper notification to the governor of each state receiving detainees i have some concerns with that measure as introduced accordingly i will often amendment in the nature of a substitute the house resolution that and two to regarding the subpoenas at last week's hearing me though the salamis appeared before the committee at the time i stated that my door would remain open to resolve any concerns and receive any information that many want to see that they may want to share instead of taking me up on my offer to solve a lot of these instructed their attorney to stand a letter to the committee and their letter they refuse to testify in a public hearing and questions in any other setting aside an informal opinion from the house of representatives office of general counsel about assertions in the letter the response was unequivocal the ground side about a solace for their refusal to testify irrelevant and have no bearing on the oversight activities of the house of representatives for it is my intention that this committe charges will be issued i now recognize the ranking member of the committed a gentleman from new york to make an opening statement chairman and at the opening in a bipartisan note let me assure you i will support obtain information regarding the role of the department security and the relocation of detainees to the u s this resolution would direct the secretary of homeland security to produce copies of all documents records memoranda correspondence and communication guantanamo the director of the federal protective service testified before this committee on november ninth that he did not have the resources to fully protect the federal buildings in lower manhattan that would be involved in the terrorist trials and relocation of terrorist to an american community has a direct and immediate impact on the security of that community that is why the republican members of this committee introduced a resolution of inquiry to finally obtain information from the administration on the role of in this matter the director himself stated that the security arrangements were made at a meeting between the secret service and the office of the social secretary which indicates this is more than a ministerial role that a significant role to play such a significant role that security memorandum would be white house personnel at the security checkpoint which again shows that the white house believes that it has a large say in the security operations of the white house so if we ought to get the full picture not just have secretary and let me just say i have said this publicly i've discussed with members on the side we are not looking for a constitutional confrontation here the white house would reach out and try to find some sort of compromise we would certainly be amenable to considering that i have had on the committee rules they may submit opening statements for the record and now call up house resolution nine to two the measure was circulated in advance and printed copies of ala bill without objection the readings dispense with the following that the house of representatives directs the secretary of homeland security to try and move house dispense with the reading of the an ass without jackson the reading is dispensed with an amendment in the nature of a substitute is considered result text for the purpose of the men and now recognize myself for five minutes to explain a n n s the closing of the tension facility at guantanamo bay cuba is proving to be a complicated matter given that the relocation of good motive trainees to the continental united states has homeland security implications i think we all would agree that there needs to be proper notification to the governor of each state that it is to receive the detainees so that he or she is prepared that is why i am offer an amendment in the nature of a substitute to refine the resolution and require the department of homeland security to transmit search notifications improves upon the resolution as introduce by targeting the requests to the notifications once we review them we'll have a better picture of what specific supplementary materials we may want to request from  urge members to support my meme to ensure that the committee is provided get mown notifications this will assist us in assessing the extent to which there has been m from a coordination with the state enough in providing this committee with the information we need relating to the president's decision to import terrorists into the united states specifically the resolution direct the secretary to produce copies of all documents records memorand correspondence of communication regarding the bringing of terrorists in guantanamo in the united states including new york city post amendment would compel production copies of only notifications by the department to the governor of any state and  between the governor and the department of homeland security i think it's important that we know exactly what if anything has transpired between the department and governors and mayors for instance it is my understanding even i've not spoken to mayor bloomberg directly on this but he crucial aspect of our responsibility oversight and i don't think any member in this body in this august room and member of this committee steps away lightly from their serious responsibility of oversight so cooperation is important and as has been noted this resolution in different forms of found its way into three other leads to other committees a number of my friends and colleagues to join me this morning  and will therefore be reminded of some of the words that i offered first of all i'd like to invoke the constitution we have a unique structure of government where we believe in justice by laws and recognize that men and women have oversight it is a proud tradition that we have in our constitution i think this resolution that you've offered mr chairman is very clear because in addition to notification you pacifically asked that all of the relevant agencies provide  all information the planning information sharing which does not designate that it was written or not written and coordination with any state or locality in the united states including new york city that it receiv detainees that is a very clear in ounce the ation of bringing about any information that is necessary for our effective oversight we must be reminded that the past four years that the president designed was in fact a task force shared responsibility between a number of secretaries including our secretary of homeland security and including the attorney general in an earlier discussion i made note of the fact that our position is a bipartisan position of three leading republicans congressman barr former governor david keene and grover norquist made a very potent statement along with a hundred and thirty other signator that they believe that we can hold detainees in our own system and that our system of justice is so secure and so strong that they have great faith in being able to try those individuals under our judicial system m colleagues as i did this morning that we've already tried a number of terrorists someone chose to indicate that one terror was already on u s soil but we tried one of the first terrorists and that was timothy mcveigh hundred sixty five people died in oklahoma and that trial was held under the laws of this land and as well in the united states any question about the fact that individuals being tried are not citizens of the united states is an obvious but the structure of law abides by our constitution which i believe can try terrorists and protect the american people can we not give out system of government a chance this resolution the mrs thompson has constructed on behalf of this committee is a fair and balanced response  to the needs of the committee and asked for all of the information necessary it's a civically lift that and i might suggest to my colleagues if you'd read the appropriations bill under homeland security that was passed there are four points asking these exciting questions that has already been signed by the president but i don't want to step away from our responsibility of oversight and i think this resolution comport with my faith in the constitution it c s with justice it comports with a recognition that terrorists are to be tried and prosecuted fairly and the american people are to be protected i don't see any untoward intent of this resolution and i ask my colleagues to support it motion is a step forward that we need more than that i'm also obviously opposed to people who have been captured on the battlefield being moved to the midwest i represent indiana that because of our proximity to detroit and the auto industry we have long had arab american population my campaign chairman from the beginning of time iran's ordaz in his armenian we have multiple engineering colleges that are brought many and i have a i have iraqis who are sunni shia and kurds and who were being carefully monitored and still are under this war most have actually been helping our government get information community of afghans that would be very easy to hide inside those afghans if if somebody bad came in and we need their help i'm not criticizing those who are here but i'm saying you have potential latent cells in fact the new york times reported unfortunately that one of the cells was in my district and it was a  don't know whether you say yemenis or yemeni but there are people from yemen because we have a whole group in the auto industry from yemen and apparently at least if the new york times is to be believed that some of those were being watched by our federal government this is not a typical maximum security prison that they don't go after maximum security prisons with ds they don't use latent cells they don't be head people who stand in their way in a normal american citizen prison those are battlefield things that are and i'd like to add this because i've heard this debate as ice vote to send hopefully vote more men and women to try to secure in our armed forces a secure the battlefield in iran against i mean in afghanistan and and concerns about pakistan how that's going to develop but as we send them over we did in colombia and people say well it's not working real well against insurgents in colombia the late rule has basically had an attorney attached to every single military unit that goes out in colombia and when they go out if there is a death on the battlefield they have to sketch where that death was whether the bullet came in from the front or the back and what you have our units who are having difficulty tackling insurgents and that if we continue down this path we're going to to really put our it's not clear what our soldiers are going to be faced with and going after terrorists who will use all kinds of unconventional methods and secondly if we bring him to our shores the question is is my district going to be on the direct route in as they try to blast away and get their basically their friends and allies out of these prisons and that that's why i want to know every discussion they've had i want to see every document i want to know what they're doing and i think the people of indiana  it right i believe it's wrong to do it i believe there's a reason we put dr mudd out in the islands off of florida i believe there is a reason that we don't not have them sitting directly on american soil when they're battlefield these are not citizens these are not him gentleman from california strike requisite number of words a resolution of inquiry to receive information from the justice department dealing with the decision announced by the attorney general and evidently made by the justice department  documents that related to that decision unfortunately on a party line vote that was voted adversely by our committee the  chairman's amendment is a major change from the from the underlying resolution contrary to what the gentle lady from texas said there is a huge difference between asking for all of the documents records memoranda correspondence and communications in the possession of the department of homeland security and asking for as the chairman's substitute as copies of the notification by the department of homeland security to the governor of the state and any correspondence between the governor and the secretary or someone else in homeland security let's be clear what mr cain has asked for is all the documentation that was shared with the secretary of homeland security with respect to the decision to bring these people here to the united states what we're being asked to vote for instead is merely the correspondence between the secretary and other components of her agency and the states and other words after the decision has been made an conversation that took place then when they notified the state those are two entirely different questions what the gentleman from indiana has said is true the people of the united states are concerned about this this is a historic departure from the practice of the united states going back to george washington including abraham lincoln franklin delano roosevelt president truman and president eisenhower when he was the supreme allied commander all utilize military tribunals to take care of the kinds of allegations even at a lesser scale than those that are facing the individuals that are in guantanamo and the ones that we already know have been designated for coming to new york for their trial the suggestion that we have to have them presented in a civilian court in order to prove that we believe in the constitution would suggest that george washington abraham lincoln franklin delano roosevelt president truman president eisenhower and others did not know what the constitution is now i realize they were all we all take an oath to uphold the constitution but i doubt any of us would say that we have any greater adherence to the constitution than those i just mention the fact of the matter is when you bring individuals to the united states they have at least a colorable argument that they have the protections the full protections of the constitution that otherwise would only add here to those who are in the united states we are taking them from a place which is not recognized as sovereign territory united states bring him to the united states it would be a difficult argument for us to say that they voluntarily came in we have we will place them here if we do that and i've heard the suggestion that well we haven't had anybody that's a terrorist that's scapegoating we were informed today of a terrorist who was awaiting trial terrorists to our prisons would only cause that problem to get worse any of us involved in law enforcement in the past know of circumstances where people who have been sentenced to life without possibility of parole have either committed serious crimes even murders while incarcerated or directed murders outside the prison because of the network that they develop and so mr chairman i appreciate you working with us to try and get some information but i would just beg you mr chairman that this is a timely fashion a timely issue and that we need to have as much information as early as possible so we can exercise our oversight and so i would hope that we would it is the second on a recorded vote a sufficient number having agreed okoye vote is audit the clerk will call the roll ms sanchez ms harman on that both there were seventeen days and thirteen those that have it and the amendment in the nature of a substitute is agreed to without objection the motion to reconsider is laid on the table is norton votes  this is chairman on that boat there are sixteen and fourteen mr chairman of the eyes have it and then the adoption of the marriage as amend it is agreed to without objection the motion to reconsider is laid on the table i think we need to painted chairs i'd have it and america as amended is audit report it to the house with a favorable recommendation without objection the title is men and staff is authorized to make any technical  where you want to believe three fifteen and three fifteen house will recess at three fifteen all immediately following the last five minutes after the last  ranking member who has certainly presented his view in a balanced manner and i believe it is important to respond in an equally balanced manner and to address this question from the perspective of our oversight and our responsibilities to secure the homeland or review of house president reveals that an individual proposition is not germane to another individual proposition the measure under consideration is limited in scope to an individual proposition compelling a single individual to appear and testify before the committing the amendment offered would expand the scope of the measure to compel another individual to appear and testify before the committee as such house president supports a ruling by the chair that the amendment is out of order as it fails the test of jermaine's to support my insistence on this point of order i would cite the house practice chapter twenty six  section nine manuals section ninety six nine thirty six excuse me and eight cannon section twenty nine fifty one chairman couldn't add another name to it as well it's just saying that we can only subpoena one person at a time i'm trying to figure out what precedent we're setting here while i'm prepared to rule and in that ruling i thank you but if if so if the gentleman rules that that it's not germane to what i'll listen i may have another parliamentary inquiry that it's not germane to that to the  issue as stated by the proponent of the point of order that exist a long line of house precedents to suggest an individual proposition is not germane to another individual proposition after reviewing the precedents and consulting with the office of the house parliamentarian the chairs compel following long standing house precedents and ruled that the amendment is not german is whether you appeal the ruling of the chair i'm trying to understand the ruling the ruling is you can't get something to an existing  recorded vote is requested is as a patient second photo recorded vote a sufficient number have agreed a record a vote is audit the clerk will call the roll the sanchez ms harman chairman on that vote there are twenty six days and three knows they have it and the resolution is agreed to without objection the motion to reconsider is laid on the table in advance and printed copies of ala bill without objection the readings are dispensed with hearing no objections sought it without objection the date listed in the last two whereas clauses sufficient second for a recorded vote sufficient number having agreed a recorded vote is audit the court will call the role ms sanchez  resolution is agreed to without objection the motion to reconsider is laid on the table that being no further business the committee stands a joint