When the House returns in late February, Republicans plan to force Democrats to declare their support or opposition to President Barack ObamaBarack ObamaSpicer: Trump is 'very confident that he will be vindicated' on surveillance claims Bush DHS secretary: 'Vladimir Putin is winning' Trump ally calls for US to roll back climate commitment MORE’s decision to prosecute some suspected terrorists in federal court.
Rep. Pete King (N.Y.), the ranking Republican on the Homeland Security Committee, said he would attempt to add language barring any money from being spent on trying alleged terrorists in civilian courts to the intelligence authorization bill. The House was set to consider the intelligence authorization measure on the floor this week but it was rescheduled for late February because of the blizzard.
“There are several options and I intend to use all of them,” he said in an interview with The Hill.
King’s pledge comes the same day two influential Democratic senators tried to push back against the opposition to prosecuting terrorism suspects in federal court.
Sens. Patrick LeahyPatrick LeahyLive coverage: Day three of Supreme Court nominee hearing Dems land few punches on Gorsuch Live coverage: Day two of Supreme Court nominee hearing MORE (Vt.) and Dianne FeinsteinDianne FeinsteinHuman rights leaders warn against confirming Gorsuch Feinstein sees slipping support among California voters: poll Schumer a no on Gorsuch, will urge Dems to oppose MORE (Calif.), who chair the Senate Judiciary and Intelligence committees, respectively, sent a letter to Obama on Thursday endorsing the administration’s plans to try terrorists in federal court. They argue that the federal courts have a proven track record in prosecuting terrorism suspects and should not be shunted aside in favor of military commissions in all terrorism-related cases.
“We are writing today to endorse the use of our federal criminal courts to prosecute and bring terrorists to justice,” Leahy and Feinstein wrote. “Our system of justice is strong enough to prosecute the people who have attacked us.”
The pair also expressed support for the administration’s decision to try some terrorists in federal courts and others in military tribunals, what they called “flexibility.”
The administration plans to try the alleged Sept. 11 planners and Christmas Day bomber Umar Farouk Abdulmutallab in federal court and the USS Cole defendants in a reformed military commission. Maj. Nidal Hasan, the alleged Fort Hood shooter, is being prosecuted in a court-martial.
“Congress should not tie the hands of our national security and law enforcement agencies, but should instead ensure they have the flexibility to use every means available,” they wrote.
The letter comes nearly two weeks after another sent by Feinstein, urging Obama to consider moving the trial of self-proclaimed 9/11 mastermind Khalid Sheikh Mohammed from New York City.
“In my view, trying Khalid Sheikh Mohammed in New York City presents an avoidable danger, very large costs, and undue burdens on the city,” she wrote to Obama Jan. 29.
Her spokesman did not respond to a question about whether she remained opposed to trying Mohammed in New York.
In the wake of the attempted Christmas Day bombing of Northwest Flight 253, Republicans and a growing number of Democrats on Capitol Hill have openly opposed the Obama administration’s plans to try Mohammed in Manhattan.
King and Rep. Frank WolfFrank WolfBottom Line 10 most expensive House races Benghazi Report and Hillary: What it means for Philadelphia MORE (Va.), the top Republican on the subcommittee that funds the Justice Department, are leading the House drive to prevent any funds from being spent on prosecuting Guantanamo Bay detainees in U.S. federal courts. Sen. Lindsey GrahamLindsey GrahamA real national security budget would fully fund State Department Gorsuch rewrites playbook for confirmation hearings Dem senator: House Intel chairman may have revealed classified info MORE (R-S.C.) is leading a similar legislative initiative in the Senate. Sen. Blanche Lincoln (D-Ark.), who is in a tight reelection race, signed on as a co-sponsor to Graham's bill.
King said the Thursday letter from Feinstein and Leahy appears to be an attempt to shore up eroding support for Obama’s detainee policy both within Congress and among the general public.
“This is almost an Obama administration apology tour,” King said. “There is nothing in the letter that shows why the federal courts would be a better place to try them other than this indefinable belief that somehow the world will think better of us.”
Last week, two House Democrats, Reps. Jason Altmire (Pa.) and Mike McMahon (N.Y.), jumped onto King and Wolf’s bill as co-sponsors, a sign that support in the Democratic Caucus for Obama’s detainee policies has deteriorated in recent weeks amid growing concern about how voters will view the White House's national security policies at the polls in November.
Altmire and McMahon joined Brooklyn’s Rep. Nydia Velázquez (D) in opposing the administration’s decision to hold Mohammed’s trial in Manhattan. Late last year, Velázquez wrote Attorney General Eric HolderEric H. HolderOvernight Tech: Senate moving to kill FCC's internet privacy rules | Bill Gates pushes for foreign aid | Verizon, AT&T pull Google ads | Q&A with IBM's VP for cyber threat intel Uber leadership sticking by CEO Top Dems prep for future while out of the spotlight MORE to say the trial would harm businesses, and New York’s Democratic senators, Charles SchumerCharles SchumerThe Hill’s Whip List: Where Dems stand on Trump’s Supreme Court nominee With no emerging leaders, no clear message, Democrats flounder Gorsuch hearings: A referendum on Originalism and corporate power MORE and Kirsten GillibrandKirsten GillibrandSenators demand Pentagon action after nude photo scandal Chelsea Clinton to be honored by Variety, Lifetime Ten years later, House Dems reunite and look forward MORE, have said they are receptive to alternative sites.
King, who represents parts of nearby Nassau and Suffolk counties, says Americans are confused about the administration’s detainee policies and that Obama has a responsibility to spell out a logical rationale for its decision to try some terrorism suspects in federal courts and others in military commissions.
He usually would support the notion that Congress needs to allow the president to exercise some flexibility in its decisions, he said, but when it comes to terrorism, Obama has squandered that privilege.
“I would normally say that there should be some flexibility left to the executive,” he said, “but this administration with its decision to try [Mohammed] in New York … has shown they cannot be trusted with that flexibility because they have shown a lack of good judgment.”