The following is a Press Release from the Office of Congressman Jeff Landry:
Congressman Jeff Landry (R,
LA-03), a champion in the U.S. House for liberty and freedom, issued
the following opening statement at today's U.S. Senate Judiciary Committee
hearing on the Due Process Guarantee Act – Banning Indefinite Detention of
Americans:
"Thank
you – Chairman Leahy, Ranking Member Grassley, Senator Feinstein, and the
Members of the Judiciary Committee. I appreciate the privilege you have
provided by allowing me say a few words on one of the most important topics we
face.
This July, we celebrate the 236th anniversary of 56 brave men
signing our Declaration of Independence. These men did so knowing the penalty
for their signature was death. We dishonor their memory if we do not do
everything in our power to protect the freedoms they risked their lives for.
By ‘we,' I do not mean Republicans or Democrats, Representatives or Senators,
or even elected officials; I mean we as a nation must be vigilant in our
protection of these freedoms.
In fact,
I view my presence here not as one of a Member of the House addressing the
other body – but as an American citizen, petitioning his Congress, on an issue
that knows no political party.
When our
Founders fulfilled the promise of the Declaration of Independence and drafted
our Constitution, they did not write it for the betterment of any political
party or social class; they wrote it for the betterment of society and the
people of America. Without peer, this great document provides a greater protection
of man's ‘unalienable rights' than any other country's contract with her
citizens. As a result, our citizens enjoy the greatest liberties and freedoms
of any humans in the entire World.
Yet, our
Founding Fathers were not wide-eyed revolutionaries with designs on creating a
utopia. No, our Founders knew situations would arise that would try this
nation. To preserve its longevity, they provided government the tools necessary
to address extreme strife. Specifically, the Constitution bestows upon Congress
– and only Congress – the ability to deny Americans they very liberties the
Constitution protects.
Considering
that freedom hangs in the balance – we cannot take this responsibility lightly,
abrogate this power to another branch of government or allow ambiguity to cloud
our purpose in our exercising this power. If Congress is suspending the writ of
Habeas, it should say so directly. If we are not, we need to ensure none of the
laws we pass can be construed in a way which gives this impression.
We all
agree the events that unfolded after September 11, 2001, created a call by all
Americans to their government to quell the danger at our door step.
Unfortunately, Congress' response to this tragedy fell into past Congressional
precedent and contained entirely too much ambiguity – leaving the Executive
unfettered discretion.
In the
decade since these attacks, we have had our shining moments of success; but our
enemy has adapted and the battlefield has shifted. We now face threats far
different than those faced in 2001. As such, we must update the law governing
how we prosecute this conflict; this update also gives us the important
opportunity of ensuring these laws are clear in their protection of our fellow
citizens' liberty.
Last
December, Congress conducted one of the healthiest and meaningful debates heard
in these halls in a long time. Without concern for party, we deliberated how
strongly we should protect the rights that all Americans enjoy.
While
Congress is to be commended for holding this debate, we didn't finish the job;
we left ambiguity which, in my humble opinion, could allow the President to
deprive citizens of the writ of Habeas Corpus. This is unacceptable. Our
constituents and our consciences demand more, and I, for one, refuse to
disappoint either.
So I pressed those pushing the bill to correct this oversight and received
their assurance to work with me towards this goal. Since then, I have made it a
top priority to pass a correction that clearly and succinctly states all
Americans have a right to access a court designated under Article III of our
Constitution. And I have introduced H.R. 3676 which, if enacted, would
explicitly assure that no American citizen may be detained against their will.
Currently,
H.R. 3676 enjoys the support of 62 bipartisan cosponsors. The fact that
legislation, sponsored by a loyal member of the Tea Party, can garner the
support of members of the Democrat Party's leadership such as Representative
Chris Van Hollen and proud progressives such as Representative Dennis Kucinich
demonstrates what some may have forgotten: protecting American's rights is not
a Democrat or Republican issue; it is a national priority.
While I
feel H.R. 3676 fully clarifies the confusion and solves the problems caused by
last year's National Defense Authorization Act, I also recognize that it is not
the only solution. I have no pride in ownership on this issue, nor do I need to
see my name at the top of the correcting legislation. My only desire is to see,
once and for all, this issue solved.
Having
discussed this issue at length with my colleague Representative Garamendi, I
know he feels the same way. Representative Garamendi has introduced H.R. 3702 –
the House counterpart to Senator Feinstein's ‘Due Process Guarantee Act' – yet
he is fully supportive of my legislation, as I am of his and Senator
Feinstein's. We stand shoulder to shoulder on this issue and have built a
coalition that will work tirelessly to correct these provisions in any
available way, shape, or form.
Should
this Committee, or any other House or Senate Committee, decide to pick up any
of these pieces of legislation or take any other action to fix the problems
caused by the 2012 NDAA – you have my full support.
This
issue is larger than us all and strikes at the very root of what makes our
country the most perfect union ever conceived. If we do nothing more this year
– let us show the American people that when liberty is at stake, those whom
they have entrusted to protect it know what to do.
Again, I
thank the Committee for the opportunity to testify and their interest in this
issue. I yield back the balance of my time."