[国会记录:2009年5月4日(众议院)][第H5065-H5068页]关塔那摩湾的维吾尔族被拘留者临时发言人。主席在5分钟内认出了来自弗吉尼亚州的先生(沃尔夫先生)。沃尔夫先生。议长女士,据我所知,奥巴马总统关于将自2002年以来关押在关塔那摩湾的一些维吾尔族囚犯释放到美国的决定可能即将作出。《纽约时报》、《美国广播公司新闻》和其他新闻媒体报道说,总统将很快将这些恐怖分子释放到美国,但国会尚未获悉这一决定。让我明确一点,这些恐怖分子不会被关押在监狱里,但他们会被释放到你们的社区。他们不应该被释放到美国。各位议员知道这些人是谁吗?有报道称,这些维吾尔人是东突厥斯坦伊斯兰运动的成员。东突厥斯坦伊斯兰运动是一个与基地组织有关联的恐怖组织。释放维吾尔人是一个令人严重关切的问题,这一问题促使我上周五致函总统,详细说明我对任何可能对美国人民构成威胁的行动方针的保留意见。在我的信中,我呼吁总统解密有关逮捕和拘留维吾尔族被拘留者的所有信息,包括对每个将在美国释放的被拘留者的威胁评估。议长女士,美国人民理应了解这些被拘留者的事实以及他们可能对我们社区构成的风险。按照政府对法律顾问办公室审讯备忘录解密的先例,他们在道义上有义务对美国人民解密所有与维吾尔族被拘留者有关的信息。本届政府已经表明,它对公布选定的机密文件毫不犹豫。白宫不能只是挑选它认为值得发布的机密信息。不能两全其美。它不应该在不向美国人民提供对国家安全有深远影响的信息的情况下,发布方便地证明其观点的信息。在得知这一决定即将作出后,我要求一些相关机构提供情况介绍,但所有机构都告诉我,我们的司法部现在阻止他们就这一问题直接与我交谈。开放就到此为止。披露就这么多。律政司是否阻止各机构回答议员的问题?这是司法部长埃里克·霍尔德做出的政治决定吗?这不是总统承诺的透明度和问责制,也不是他们声称希望与国会建立的开放和建设性关系。这充其量是一种拙劣的判断,最糟糕的是一种危险的伪善。政府是否有意让国会和美国人民对至ReportsReports关重要的国家安全问题一无所知?议长女士,我批评了共和党和民主党政府的行为,我认为这些行为破坏了美国人民的安全。我还没有收到两封致司法部长霍尔德的关于转移关塔那摩湾囚犯的信的回复。第一封信的日期是3月13日。第二封信的日期是4月23日。我将把它们提交备案。他们仍然没有回信。白宫告诉我的办公室,我提出的一些问题甚至无法回答。当霍尔德总检察长出现在商业正义-科学拨款小组委员会面前时,他尖锐地说他不会玩捉迷藏这些信息。他们现在想对美国人民隐瞒什么?司法部长正在缓慢地发布信息,因为恐怖分子被拘留者可能会被释放到美国。据《洛杉矶时报》上周发表的一篇文章称,“国土安全部已对该计划表示关注”,其他政府机构也表示关注。我收到的信息表明,维吾尔族人可能比公众想象的更危险。就在昨晚,60分钟播出了一段令人不安的片段,涉及关塔那摩湾囚犯的激进主义。故事表明,仅在沙特阿拉伯,就有117名从关塔那摩返回的男子,其中11人再次出现在沙特阿拉伯的头号通缉恐怖分子名单上。对维族人的任何情报评估都必须不仅考虑到他们之前在恐怖分子营地的训练,还必须考虑到他们可能随后接触到哈立德·谢赫·穆罕默德(Khalid Sheikh Mohammed),他是9/11事件的策划者,对《华尔街日报》记者丹尼尔·珀尔(Daniel Pearl)的斩首感到高兴。我要对本届政府说,美国人民有权知道所有事实,我个人担心,权宜之计正在模糊他们的判断,这是不可原谅的,因为我们知道该怎么做金博宝正规网址ok place on 9/ 11. The stakes are simply too high for this administration to reasonably think that the American people should simply take their word that these men pose no security threats. I call on the Obama administration to declassify and release all the information that they have available so the American people can make a judgment. House of Representatives, Washington, DC, May 1, 2009. Hon. Barack H. Obama, President, the White House, Washington, DC. Dear Mr. President: It is my understanding that your decision regarding whether to release a number of Chinese Uyghur detainees held at Guantanamo Bay into the United States is imminent. I have grave concerns about this action, which I believe could directly threaten the security of the American people. Information I have received indicates that the Uyghurs may be more dangerous than the public has been led to believe. I write today asking that you declassify all intelligence regarding their capture, detention, and your administration's assessment of the threat they may pose to Americans, prior to any decision to release them. The American people deserve to have all the facts about these individuals before they should be expected to tolerate their presence in our communities. I believe your administration also has an obligation to explain to the American people how you will monitor the Uyghurs' activities should they be released in the U.S. Additionally, all state and local law enforcement should immediately be notified of your intended decision, provided a threat assessment of the released Uyghurs, and informed of the federal government's plans to monitor their activities once released. Following the precedent you have set in declassifying the Office of Legal Counsel interrogation memos, you have a moral obligation to declassify this critical information. The American people cannot afford to simply take your word that these detainees, who were captured training in terrorist camps, are not a threat if released into our communities. Best wishes. Sincerely, Frank R. Wolf, Member of Congress. ____ House of Representatives, Washington, DC, April 23, 2009. Hon. Eric H. Holder, Jr., Attorney General, Department of Justice, Washington, DC. Dear Attorney General Holder: My letter of March 13 indicated my concerns about bringing enemy combatants from the detention facility at Naval Station Guantanamo Bay, Cuba, to the United States. I understand that the president has given you the task of determining the release, transfer or prosecution of these detainees. I noted your recent comments on how this is the most challenging aspect of your job as attorney general and I respect the difficulty of your position. But as I have learned more about these detainees and received additional information from terrorism experts, I remain extremely concerned that transferring these combatants to locations near large civilian populations would place an overwhelming burden on the court system and endanger public safety. The detainees currently held at Guantanamo Bay are some of the most dangerous individuals in the world who have openly dedicated their lives to killing Americans. Kahlid Sheik Mohammed was the architect of the 9/11 attacks and took pleasure in beheading Wall Street Journal reporter Daniel Pearl. Ramzi Binalshibh was identified as one of the planners of 9/11 and was supposed to be one of the hijackers until he was denied entry into the United States. Walid bin Attash is believed to be the mastermind behind the bombing of the U.S.S. Cole in Yemen in 2000. These individuals are responsible for planning the deaths of thousands of Americans. Guantanamo Bay also houses combatants who were detained after actively trying to kill U.S. troops in Iraq and Afghanistan. From news reports I have read, it appears consideration is being given to allow these detainees rights that go beyond protections offered U.S. military personnel by the Uniform Code of Military Justice. Giving such rights to the men listed above greatly concerns me. Earlier trials of terrorists in the U.S. demonstrated the necessity for extraordinary security resources that would be needed if some of those at Guantanamo are transferred here. Newsday and the Buffalo News reported that during the 1995 trial in New York of Omar Abdel Rahman, the mastermind of the 1993 World Trade Center bombing, terrorist confederates of El Sayyid Nosair, another World Trade Center bombing planner, were plotting to break him out of Attica State Prison in New York. In the same case, court tapes show that conspirators provided each other assurance that, in the event that some were captured, the others would work to free them. In addition, during the 2000 trial of Mahmud Salim, one of the terrorists accused of the 1998 bombing of the U.S. Embassy in Kenya, he stabbed New York prison guard Louis Pepe in the eye during an escape attempt. Al Qaeda saw the rights given to its members to meet with counsel as an opportunity to carry out a violent escape attempt. Mr. Salim was one of the original followers of Osama bin Laden and the highest ranking al Qaeda member held in the U.S. at the time. In addition to trying to escape from prison, al Qaeda members have communicated with confederates while in prison. It is my understanding that El Sayyid Nosair was involved in plotting the 1993 World Trade Center bombing while in custody in Attica State Prison. In addition, Osama bin Laden has publicly credited Sheik Abdel Rahman with issuing the ``fatwa'' that approved the 9/11 attacks while he was in federal prison, despite the high security confinement conditions imposed on him. It also emerged later that, with the assistance of his lawyer, Rahman was continuing to send instructional messages to the Islamic Group, his Egyptian terrorist organization. In 2004, NBC News reported that, despite their incarceration in maximum security conditions, convicted World Trade Center bombers were communicating by mail with terrorists in Madrid, Spain. There would certainly be strong reasons to believe that detainees currently held at Guantanamo Bay--who are known to have rioted and grossly abused prison guards--would use their access to counsel and investigators in order to convey messages to their allies. It took federal prosecutors eight years in the 1990s to try 29 defendants charged with terrorism-related crimes as a result of attacks on U.S. property and interests abroad. The detention facility at Guantanamo Bay currently holds almost 10 times that number. If it took eight years to prosecute 29 individuals, how long will it take to transfer and prosecute over 200? How is the Justice Department responding to the fact that prosecutors, judges, and juries in recent terrorism trials, and their families, have required government protection measures, sometimes for many years, at great cost in manpower and to our security budget? Has the Justice Department estimated the cost of providing enhanced personal security for trials yet to come? I am also concerned about the extra costs that will be incurred in preparing prisons and courthouses for possible trials. I understand that the courthouses in which prior terrorism cases were litigated and the prisons where defendants were held had to be ``hardened'' to accommodate terrorism prosecutions and the attendant threats they entail for participants and the public. Can you provide me with what the cost was for these upgrades? Has the Justice Department considered what the cost will be for upgrading facilities for detainees who may be transferred to the civilian court system. I am also concerned about the precedent that the standards set in Boumediene v. Bush, the Supreme Court case regarding al Qaeda operative Lakhdar Boumediene, which granted habeas corpus rights to Guantanamo detainees, would set for future cases. In his dissent in this case, Justice Antonin Scalia raised the issue that if enemy combatants currently housed at Guantanamo Bay are given habeas corpus rights, the same rights would have to be given to any combatant detained where the U.S. military conducts operations. Recently, Justice Scalia's admonition has proved prescient as a federal judge in Washington ruled that Boumediene's grant of habeas corpus rights now extends to Afghanistan. The process in deciding where the detainees will ultimately be housed and under what means they will be tried should be transparent so the American people know who is making these important decisions. I believe that the Justice Department should meet with those who lost loved ones in the 9/11 attacks as well as the families of service members who have died in Iraq and Afghanistan and ask for their perspective on the fate of these detainees, especially those who played a lead role in carrying out the attacks. If you are convinced these combatants must be transferred to the United States, I believe an isolated part of the country away from population centers would be a better choice. As your department continues to consider plans for these combatants, I ask that you please address these issues as well as the questions I asked in my earlier letter. I also have these additional questions: 1. The trial of Zacharias Moussaoui in Alexandria, Virginia, lasted over four years due [[Page H5067]] primarily to the judge's belief that the due process standards applicable in civilian trials required more disclosure than the Justice Department believed was required and safe to provide. I understand any appeal to the 4th Circuit Court could take up to an additional year per trial. Considering that a federal appeals court in New York just recently decided an appeal in the embassy bombing case--more than a decade after the attack and eight years after the trial--how long does your department envision civilian legal proceedings for Guantanamo detainees taking? 2. Khalid Sheikh Mohammed, Mohammed al Qatani and Ramzi Binalshibh have been linked directly to the September 11, 2001, attacks and appear far more culpable than Zacharias Moussaoui. Will the Justice Department seek the death penalty for detainees such as them? If so, does the Justice Department think seeking the death penalty would lengthen each trial, and, if so, for how long? 3. Will the defense attorneys for these combatants be given access to classified evidence that would inevitably lead to legal challenge and possible consideration by the Supreme Court, adding more time to trials? 4. If terror suspects are brought into the civilian system for trial and they insist on representing themselves, would the Justice Department allow them access to all discovery, including classified national defense information? 5. Will defense attorneys be allowed discovery on all such evidence and be allowed to challenge its admission in court? Would this require allowing defense attorneys to enter combat zones to view evidence? 6. Will U.S. service members who collected evidence on the battlefield be forced to leave their duties in theater and return to the United States to give testimony in open court? 7. Will military personnel be required to have training on how to legally obtain evidence and preserve the chain of command needed to make such evidence admissible in court? 8. Will every combatant be given full legal rights and will these rights also be given to combatants detained in the future? 9. The system of military tribunals for these combatants was designed to avoid the difficulties inherent in civilian trials. If the military is trusted to run a system of justice good enough for members of our armed forces, why is it deemed insufficiently fair for these detainees who have openly stated they are ``terrorists to the bone?'' 10. If these combatants are transferred to the U.S. Court for the Eastern District of Virginia, how will the trials of other defendants in that court be affected? 11. If regular defense attorneys are not allowed to meet with clients at the jail facility in Alexandria due to increased security associated with these combatants, is the Justice Department concerned that those cases could be delayed to the point where those defendants have grounds for appeal? 12. The Moussaoui trial took a heavy toll on the prosecution team and I would be concerned that extended trials for numerous combatants could overwhelm the legal staffs. Do you have a plan for addressing how prosecution teams will work? 13. Are you concerned about the safety of the legal staff and the jurors who are assigned to these cases and have steps been taken to ensure their safety and the safety of their families? 14. Has the Justice Department considered establishing a separate court similar to the FISA court where judges would be assigned these cases on a rotating basis? 15. Has the Justice Department considered consulting with military experts, U.S. Marshals and other law enforcement officials before determining the safest place to house these detainees? 16. Have you consulted with the families of the victims of 9/11 as well as the families of the service members killed in Iraq and Afghanistan as to how these detainees should be prosecuted? If not, will you direct your staff to do so? 17. Will the Justice Department provide the Appropriations Committee with the costs for the security measures necessitated by the terrorism cases of the 1990s and the Moussaoui case? 18. The Congress has received your FY 2009 supplemental request, seeking $47 million for some ongoing DOJ activities. But the majority of the funding, $36.4 million, is for activities related to the closure of the Guantanamo detention facility. Can you tell the Appropriations Committee what exactly the department is doing related to Guantanamo, and what you are proposing to do in the future with the requested supplemental funding? 19. I understand that you have created three task forces to implement the executive orders regarding Guantanamo Bay. How many individual detainee cases must be reviewed and disposed of? 20. Can you provide a list of possible outcomes from these task forces, such as transferring detainees to their home countries or detaining them indefinitely without trial? 21. For any detainees released to third countries, what assurances are you seeking from those governments in order to minimize the risks of recidivism? 22. You have stated that the issues related to closing Guantanamo Bay represent your biggest challenge. If the task forces conclude that the risks associated with civilian trials in the United States are too dangerous and costly, will you recommend to the president that the closure of the detention facility be delayed? 23. Beyond the supplemental request, what other post- Guantanamo requirements will there be? I realize that your department has numerous issues to address before Guantanamo Bay is closed and all the combatants housed there moved. As the Justice Department continues to consider the disposition of these combatants, I think it is important for Congress to play an active role. As my previous letter stated, I take Congress's oversight role seriously and believe that Congress must be consulted before any of these combatants are moved to the continental U.S. Thank you for your service. Sincerely, Frank R. Wolf, Member of Congress. ____ House of Representatives, Washington, DC, March 13, 2009. Hon. Eric H. Holder, Jr. Attorney General, Department of Justice, Washington DC. Dear Attorney General Holder: President Obama recently issued an executive order to close the detention facility at Naval Station Guantanamo Bay, Cuba, and decisions must now be made regarding how and where to house the 250 suspected terrorists and enemy combatants held there. I was particularly concerned to read in the March 7 Washington Post that some of these detainees may be tried in and housed by the United States District Court for the Eastern District of Virginia (Eastern District of Virginia) or the United States District Court for the Southern District of New York. Their presence so close to large civilian population centers raises serious questions of security and logistics for any region forced to accept these detainees. I do not--and would not--support the transfer of any prisoners presently being detained at Guantanamo Bay to any facilities in Virginia and have joined Virginia colleagues Reps. Randy Forbes and Eric Cantor in introducing legislation (H.R. 1186) to prohibit prisoners at the Guantanamo Bay detention facility from being transferred to federal prisons or military bases in Virginia. I take seriously the responsibility of congressional oversight, especially in matters with national security implications. In 1998 I authored legislation that created the National Commission on Terrorism. Unfortunately, it took the horrific events of September 11, 2001, for the recommendations of the commission to be taken seriously. I have traveled to Sudan five times and seen evidence of the terrorist training camps used by Osama bin Laden in the 1990s. The first bombing of the World Trade Center in 1993 was treated as a routine criminal case by the Clinton administration when there were clear indications from Sheik Omar Abdel-Rahman that terrorism was the intent of the bombing. Furthermore, the individuals currently at Guantanamo Bay are members of the same organization that bombed the U.S. embassies in Kenya and Tanzania as well as the USS Cole in Yemen. The March 11 Washington Post detailed how a detainee recently released from Guantanamo Bay is now the operations commander of Taliban forces attacking U.S. and NATO forces in southern Afghanistan. There also have been news reports that 61 of the detainees that were processed and released from Guantanamo Bay were recaptured fighting American forces. If those individuals were deemed safe to release from custody yet returned to terrorist activities and killing Americans, what does that say about how dangerous the detainees still at Guantanamo Bay must be? I was also troubled to read that five Guantanamo detainees described themselves as ``terrorists to the bone,'' and stated in a court filing that they describe their role in the 9/11 attacks as ``a badge of honor.'' These dangerous individuals simply cannot be transferred anywhere near large civilian populations. As the ranking member on the House Appropriations Commerce- Justice-Science Subcommittee, I am particularly concerned about the complexities of bringing any of these enemy combatants to any installation, military or civilian, close to U.S. civilian populations. Regardless of where these detainees are confined, I would appreciate your detailed response to the following questions: 1. What steps has the Justice Department taken to assure the security of the surrounding population if such violent combatants are confined and tried in urban areas? 2. What precautions will be taken to ensure that the detainees do not escape? 3. Is the Obama administration concerned that the presence of these detainees will invite attacks from ideological followers in an attempt to set them free and, if so, what precautions are being taken to prevent this scenario? 4. How will the detainees be transported to the courthouses? 5. What type of security cordon will be in place if detainees are transported on local highways? 6. Has the Justice Department considered the traffic disruptions associated with road closures around federal courthouses and local jails during the trials of these individuals? 7. If the detainees are flown to any location, will they use military or commercial airports? 8. If commercial airports are used, will terminals have to be evacuated to ensure security? [[Page H5068]] 9. What will be the security perimeter around federal courthouses and will local residents and businesses be forced to move or close to ensure security? If so, for how long? 10. Will Metrorail stations in close proximity to the U.S. Courthouse in Alexandria be closed? 11. Will the Westin Hotel, approximately 200 feet from the courthouse, and the Patent and Trademark Office, approximately 250 feet from the courthouse be evacuated? 12. Has the Justice Department considered the impact such detainees will have on local prisons, such as the city jail in Alexandria, where federal defendants are often held during trial? 13. Will prisoners in local jails have to be moved to provide a secure location for housing these combatants, and, if so, who will bear the costs associated with their transfer? 14. Will there be an extensive list of rules and regulations given to local and state officials regarding the housing and trial of these suspects? If so, will a copy of the regulations be made available to state and local officials as well as members of Congress? 15. Will state and local law enforcement officers be required to assist federal officials and will the federal government compensate those agencies for the use of those officers' time? 16. What costs will be associated with the trial and what portion, if any, will be borne by state and local governments? 17. Has the Justice Department consulted with the Defense Department regarding its ability or willingness to house these detainees? 18. Do a set of protocols for transferring and housing these individuals exist, and, if so, will you make it available to members of Congress? 19. What discussions regarding these detainees, if any, have administration officials had with the commanders of the Naval Station Brig in Norfolk, Virginia; the Marine Corps Base at Quantico, Virginia, or any other military instillation in the contiguous United States, Alaska or Hawaii? 20. Has the administration or the Department of Defense had any discussions with Naval commanders regarding the possibility of transferring detainees to U.S. Naval vessels either in U.S. territorial or international waters? 21. Has the administration had any discussions with the warden of the Administrative Maximum prison facility in Florence, Colorado, regarding the difficulties surrounding the housing of Zacharias Moussaoui and how other prisons might be affected by housing similar detainees? 22. Has the administration had discussions with any of the detainees' country of origin regarding their willingness to accept custody? While I understand that the Eastern District of Virginia and the Southern District of New York have successfully held the only trials to date of terror suspects, I remain extremely concerned that adequate thought has not been given to the extensive security, financial and logistical costs associated with the transfer of any of these individuals to civilian court districts. State and local officials, as well as the citizens of northern Virginia, will face many challenges and dangers with these combatants housed in the Eastern District of Virginia. I look forward to receiving your responses to these concerns. Best wishes. Sincerely, Frank R. Wolf, Member of Congress. ____________________ [Congressional Record: May 4, 2009 (House)] [Page H5069] RELEASING TERRORISTS FROM GUANTANAMO BAY (Mr. WOLF asked and was given permission to address the House for 1 minute and to revise and extend his remarks.) Mr. WOLF. Mr. Speaker, the Members of this institution ought to know that this administration and the Justice Department may be very close to releasing terrorists from Guantanamo Bay, the Uyghurs, out into the public, out around the country. And we are calling on the Justice Department to release any of the memos with regard to who these people are on individual cases. If they were members of a terrorist group, I believe the American people need to know. This administration and Justice selectively released memos but will not tell the full story. So I urge all Members, unless you want them, these Uyghurs, terrorists from Guantanamo Bay, to move to your neighborhood, ask Attorney General Eric Holder, release all this classified information so the American people can know what we are about ready to face. ____________________