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Key Votes

S Amdt 2175 - Authorizes the Use of Funds for the Transfer or Release of Guantanamo Detainees to the United States - Key Vote

National Key Votes

Mike Johanns voted Nay (Amendment Vote) on this Amendment.

Read statements Mike Johanns made in this general time period.

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Amendment - Amendment Rejected (Senate) (52-46) - (Key vote)

Title: Authorizes the Use of Funds for the Transfer or Release of Guantanamo Detainees to the United States

Vote Smart's Synopsis:

Vote to adopt an amendment to S 1197 that authorizes the transfer or release of individuals detained at Guantanamo Bay to the United States and specifies requirements that must be met for the transfer or release.

Highlights:
  • Authorizes the Secretary of Defense to transfer a Guantanamo Bay detainee to the United States if the following requirements are met (Sec. 1033):
    • The Secretary determines that the transfer is in the national security interests of the United States; 
    • The Secretary determines that all appropriate measures have been taken to minimize the public safety risk associated with the detention and trial of the detainee; and
    • The Secretary notifies the appropriate Congressional committees of the potential transfer at least 30 days before the date on which the transfer is to occur.
  • Prohibits the use of funds appropriated in this bill to transfer or release a Guantanamo detainee to or within the United States if the detainee meets the following conditions (Sec. 1033): 
    • The detainee was held on or after January 20, 2009;
    • The detainee is not a United States Citizen; and 
    • The detainee is not a member of the Armed Forces.
  • Prohibits a Guantanamo detainee who has been transferred into the United States from applying for asylum or for admission into the US (Sec. 1033).
  • Prohibits the release of a transferred Guantanamo detainee within the United States (Sec. 1033).
  • Specifies that a transferred Guantanamo detainee retains the right to challenge his or her designation as an unprivileged enemy belligerent by filing writs of habeas corpus (Sec. 1033).
  • Prohibits a court, judge, or justice from hearing or considering action against the United States relating to any aspect of the detention, treatment, and transfer of a Guantanamo detainee (Sec. 1033).
  • Specifies that the decision against transferring a particular detainee does not give rise to a judicial cause of action (Sec. 1033).
Note:

NOTE: THIS LEGISLATION NEEDED A THREE-FIFTHS MAJORITY VOTE TO PASS.

Amendment - Introduced (Senate) -

Title: Authorizes the Use of Funds for the Transfer or Release of Guantanamo Detainees to the United States

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