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Thursday, November 19, 2015

Attorney General: Law 'Does Not Allow' GITMO Detainees In The US . . .

. . . Communities In Colorado & Kansas Push Back Against Detainee Transfers

Today in Washington, D.C. - Nov. 18, 2015

The House reconvened at 10 AM today.
Today the House may consider the following bills:
H.R. 1210 — "To amend the Truth in Lending Act to provide a safe harbor from certain requirements related to qualified mortgages for residential mortgage loans held on an originating depository institution's portfolio."
H.R 3189 — "To amend the Federal Reserve Act to establish requirements for policy rules and blackout periods of the Federal Open Market Committee, to establish requirements for certain activities of the Board of Governors of the Federal Reserve System, and to amend title 31, United States Code, to reform the manner in which the Board of Governors of the Federal Reserve System is audited, and for other purposes; and providing for proceedings during the period from November 20, 2015, through November 27, 2015."
H.R. 1737 — "To nullify certain guidance of the Bureau of Consumer Financial Protection and to provide requirements for guidance issued by the Bureau with respect to indirect auto lending."

Yesterday, the House approved the following bills by Voice Vote unless the recorded vote is identified:
H. Res. 524 — "Condemning in the strongest terms the terrorist attacks in Paris, France, on November 13, 2015, that resulted in the loss of at least 129 lives."
H.R. 1694 (285-138) — "To amend MAP-21 to improve contracting opportunities for veteran-owned small business concerns, and for other purposes."
H.R. 3114 (422-3) — "To provide funds to the Army Corps of Engineers to hire veterans and members of the Armed Forces to assist the Corps with curation and historic preservation activities, and for other purposes."
H.R. 511 (249-177) — "To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act."

The Senate reconvened at 10 AM today. At 10:45, the Senate voted 91-6 to invoke cloture on the motion to go to conference with the House on S. 1177, the Every Child Achieves Act. The Senate then agreed to the motion to go to conference by voice vote.

Following those votes, the Senate began consideration of H.R. 2577, the Fiscal Year 2016 Transportation and Housing and Urban Development (THUD) appropriations bill.

Votes on amendments to H.R. 2577 are possible later today.

Yesterday, the Senate voted to approve a resolution of disapproval under the Congressional Review Act (CRA) sponsored by Senator McConnell and Senator Joe Manchin (D-WV) designed to stop the White House from imposing anti-jobs regulations that attack new coal-fired energy plants and their workers. The Senate also passed a separate disapproval resolution introduced by Senator Shelley Moore Capito (R-WV) and Senator Heidi Heitkamp (D-ND) that would prevent the imposition of anti-jobs regulations that attack existing plants and their workers.

Thus, the Senate voted twice to overturn the EPA's costly carbon regulations, passing resolutions under the Congressional Review Act (CRA) disapproving of them.

The Senate voted 52-46 to pass S.J. Res. 24, sponsored by Sens. Shelley Moore Capito (R-WV) and Heidi Heitkamp (D-ND), to block the EPA's new emission rules for existing power plants.

Senators later voted 52-46 to pass S.J. Res. 23, sponsored by Senate Majority Leader Mitch McConnell (R-KY) and Sen. Joe Manchin (D-WV), to block the EPA's new emission rules on new power plants.

The Congressional Review Act provides Congress the ability to eliminate onerous regulations imposed by the executive branch through an expedited procedure for consideration in the Senate. If both CRAs are enacted into law, they would eliminate both pillars of the administration's costly power plan even if portions of the plan have already gone into effect.

After the votes, Sen. Majority Leader Mitch McConnell said in a press release, "Tonight, the U.S. Senate voted to stand up for Middle Class Americans, and specifically our hard working Kentucky coal miners and their families, by voting to overturn the Obama Administration's deeply regressive energy regulations that would eliminate good-paying jobs, punish the poor, and make it even harder for Kentuckians to put food on the table," Senator McConnell said. "I am pleased that a bipartisan majority joined us in fighting back. This was the right thing to do for Middle-Class Kentuckians and Middle-Class Americans who've suffered enough under this Administration."

Today, a prior ARRA News Servicearticle addressed the president's desire to relocate GITMO detainees to the U.S.: Guantanamo North: 'The Law Currently Does Not Allow For That'. It first addressed the statement by ATTORNEY GENERAL LYNCH: "At this point in time, I believe the current state of the law is that individuals are not transferred from Guantanamo to U.S. shores. That position is reiterated by the legislation that you mentioned, and my understanding is, as you indicated, is that I do believe the president has indicated that he would sign that. Certainly it is the position of the Department of Justice that we would follow the law of the land in regard to that issue."

Read other linked comments and news articles on this topic via the summary article.

Senate Majority Leader Mitch McConnell has repeatedly warned the president about attempting this. He told reporters yesterday, "I'm told that the Attorney General today indicated that it would be against the law to transfer detainees from Guantanamo to the United States. I would recommend the president consult with his own attorney general, particularly in the wake of articles we've seen that he'll continue to try to figure some way around the obvious prohibition that's been in the law for some time against transferring these detainees to the United States."

New House Speaker Paul Ryan also issued a warning about this course of action. Speaker Ryan forcefully warned President Barack Obama against using executive action to close the detention center at Guantanamo Bay, Cuba, and transfer its detainees to the U.S.

Both chambers recently passed the annual defense policy bill, which continues a ban on transferring Guantanamo detainees to the U.S. through 2016.

Speaker Ryan pointed out that if the president attempts to exceed his authority to close the prison unilaterally, the House would use "every means at our disposal,' possibly including a lawsuit, to block an executive action. Republicans have challenged Mr. Obama in court over other policies, including health care and immigration. Congress writes laws. The president does not write laws."

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