Serrano Defends Constitution, Rule of Law

On every appropriations bill that we see come before the full committee, there was this notion that we couldn't bring folks from Guantanamo here to be prosecuted. Now, I know how dangerous some of these folks may be. I know how dangerous some of these folks are. I was in New York in my city on September 11. I was not here. Many people forget that was primary day in New York. Many people forget that one of the accomplishments, if you will, of the terrorists was to suspend, in the middle of the day, an election that was taking place in New York. They didn't just attack the symbol of our military power. They didn't just attack the symbol of our financial power. They were not just geared towards attacking, and did not get a chance to do it, to attack the symbol of our legislative power, but they disrupted an election, which is perhaps at the center of our strength, our electoral process.

I was there. I saw the pain. I know that they killed a lot of people, but they didn't defeat us. Let's be clear about that. They killed a lot of Americans, but they didn't defeat us, and they will never defeat us unless we begin to run away from who we are as a people and as a Nation. Unless we begin to throw away and turn our back on the Constitution, on what makes us a unique country, then they have a chance to win.

My friend, and we say this on the floor, but he truly is my friend from Kentucky, says, Why would we want to do that? Why would we want to bring them here? Because we are the United States of America. Because we are a great democracy that is not afraid to bring people to justice when they deserve to come to justice. Because we have nothing to hide.

Ironically, on another issue that I discussed with my friend at length over the years, we want nothing to do with Cuba except to use them to hold people there for trial. Why not bring them to New York where they committed their act, the scene of their crime? Why not let the world know in the middle of our pain, in the midst of all of our anguish over September 11, we are big enough and democratic enough to bring people to trial here within our territory. We have nothing to fear.

As far as whether or not there will be Miranda rights involved and whether the people have rights, why not? What is so difficult to understand about that? There is a contradiction in a country that continuously tells the world we are better, and we are; we are more democratic, and we are; we have a better justice system, and we do, and at the same time says but not for these individuals.

Now, if I was making the argument on behalf of the individuals in Guantanamo, we know how many were detained and eventually released because we have, throughout the last few years, nothing to charge them with. It might be that we have to release some and send them back to their countries, but this fear that somehow they are going to be watching the streets of Washington, D.C., and eating at local restaurants and planting bombs everywhere, these folks will probably be the most guarded people in the history of the world. But we will do ourselves a great disservice if we continue to say that they cannot be brought to the United States for justice.
  
Why should they be near our community residents was one of the questions asked. I see it differently. Why not see our system in full bloom? Why not allow the world to see and understand that we are not afraid to bring people here to pay for their crimes, to go before our justice system.

Now, here is another question. So we bring them to justice in Guantanamo. We find them guilty in Guantanamo. Are we going to incarcerate them in Guantanamo? Are we going to keep them in a foreign country for crimes they committed against our country or are we going to bring them to a prison here? If we bring them to a prison here, after convicted, those who are convicted, why not try them here to begin with?

Again, this whole notion that these people have no rights, the terrorists win if we suggest that everybody that comes before us has no rights. That's why I oppose this motion.