The McCain Update
 February 2016

President Passes Buck to Congress on Guantanamo

This week, President Obama attempted to fulfill another campaign promise by submitting a "plan" to Congress to close the detention facility at Guantanamo Bay. Congress has waited seven and a half years for President Obama to provide a plan to achieve this goal. But what we received was a vague menu of options -- not a credible plan for closing Guantanamo, let alone a coherent policy to deal with future terrorist detainees.

Most of the plan was a rehash of the history of the facility, previous transfers, and the Administration's current overseas transfer process -- things Congress already knew. It left a variety of important questions still unanswered:

  • What about locations? The Administration did not choose a location to replace the Guantanamo facility. It did not even name all of the locations under consideration. The report also lacked detail about modifications that would be required of a new facility and how much those would cost.
  • What about cost? The Administration threw out a lot of dollar figures in the report, but provided no details or break down of those costs, making it impossible to evaluate how they arrived at those numbers. 
  • What about future detainees? The Administration did not provide a plan for each individual detainee because it still doesn't know which of the 91 remaining detainees would be brought to the United States. 
  • What about military commissions? The report does not include any plan for future law of war detainees, other than to say that capture and detention operations will be done on a case-by-case basis. In other words, they have no policy.

Rather than give specific answers to those difficult questions, the President has essentially passed the buck to the Congress. In doing so, President Obama missed a major chance to convince Congress and the American people that he has a responsible plan to close the Guantanamo Bay detention facility.

 

The American People Should Have a Voice in the Next Supreme Court Justice

This month, the Supreme Court and the nation suffered a tremendous loss with the sudden passing of Justice Antonin Scalia. Throughout his distinguished career, Justice Scalia exhibited an unwavering commitment to defending and interpreting the Constitution as the founding fathers intended, establishing himself as one of the most influential jurists in the Court's history. Justice Scalia's principled contributions to debates about the most consequential issues of our day will persist long beyond his days on the Court.

As we consider the extraordinary circumstances before us to fill a Supreme Court vacancy in an election year, I believe that the American people should have a voice in the direction of the Supreme Court by electing a new president. In the last 80 years, there has not been a nomination and confirmation to the Supreme Court in a presidential election year. Given the huge divide in the country, and the fact that this President has already vowed to use the courts to circumvent Congress and push through his own agenda, this is as compelling an example of extraordinary circumstances as I've ever seen.

Even Democrats once agreed that in these unique circumstances, the people should have a voice in who nominates the next Supreme Court justice:

  • Senator Chuck Schumer, in 2007 with 18 months left in President George W. Bush's presidency, urged his Democratic colleagues not to confirm any Supreme Court nominee "except in extraordinary circumstances."
  • Senate Majority Leader Harry Reid stated in 2005, "Nowhere in [the U.S. Constitution] does it say the Senate has a duty to give Presidential appointees a vote."
  • Vice President Joe Biden, as a senator in 1992, argued, "Once the political season is underway -- and it is -- action on a Supreme Court nomination must be put off until after the election campaign is over."

The fact is, this issue is not about any single person -- it's about the integrity of the Court. In this election year, with the long-term balance of the Supreme Court at stake, the American people should not be deprived of the opportunity to have a voice at this critical moment.

 

A Sound Solution to Replacing Obamacare 

This month, I was proud to reintroduce the Empowering Patients First Act, legislation to fully repeal and replace Obamacare with health care reform that puts patients and physicians back in charge of their health care decisions.

Every day, I hear from Arizonans who have been forced to give up the health insurance plans that they liked, and now face skyrocketing monthly premiums and never-ending wait times for appointments. Moreover, I've spoken with small business owners across our state who have been forced to choose between complying with costly government mandates, laying off employees -- or worse, closing their doors.

The Empowering Patients First Act would replace the President's failed heath care law with solutions that put patients, families and doctors back in charge of their medical decisions -- not Washington bureaucrats. Specifically, the bill includes major reforms that would:

  • Establish age-adjusted tax credits;
  • Ensure no one is priced out of the market, including individuals with pre-existing conditions;
  • Build on and expand Health Savings Accounts and other models to drive down costs;
  • Enhance coverage options by letting small business-owners band together across state lines through Association Health Plans to create more affordable and comprehensive health care; and
  • Curb defensive medicine and lawsuit abuse through tort reform.

Americans deserve an alternative to the mandates, high costs, and bureaucratic mess that has been created by Obamacare. The Empowering Patients First Act would repeal Obamacare once and for all and replace it with health care solutions that give patients, families and doctors the power to make medical decisions -- not bureaucrats in Washington.

 

In Case You Missed It This Month 

  • Saving the A-10: The Defense Department's announcement that the Air Force will not prematurely retire the A-10 is a credit to the brave airmen from Davis-Monthan Air Force Base and military installations across the country who are providing unmatched close-air support against the Islamic State of Iraq and the Levant and around the world.
  • Congressman Matt Salmon's Retirement: With Congressman Matt Salmon's announcement that he will not run for re-election, Arizona and indeed the country will lose one of our most respected representatives and fiercest defenders of the Constitution.
  • Addressing Flight Path Changes at Phoenix Sky Harbor Airport: This month, Senator Flake and I introduced the Airspace Management Advisory Committee Act, legislation that would require the Federal Aviation Administration (FAA) to create an airspace management advisory committee to review and provide input on future significant airspace changes. The bill builds on the House FAA Reauthorization bill, which included our language to create a process for the FAA to determine steps to mitigate the negative effects of flight path changes around Sky Harbor, and ensure other airports and communities have the opportunity to fully engage with the FAA before any future changes are made.
  • Blocking Obama's Harmful Power Rules: I signed a legal brief as a "friend of the court" in support of petitions filed by 27 states including Arizona seeking to overturn the Environmental Protection Agency's (EPA) so-called "Clean Power Plan," which would have devastating effects on Arizona utilities and consumers. I was also pleased the Supreme Court decided to block implementation of this rule until legal challenges proceed.
  • Addressing Burro Problem in Arizona: Last week, I convened a meeting with County Supervisors from Mohave, La Paz, and Yuma Counties, the Arizona Game and Fish Department and the Bureau of Land Management (BLM) to lay out a proposal for BLM to more effectively manage the overpopulation of wild burros, which are threatening public safety and damaging property in communities across our state. I look forward to BLM's review of the proposal and continuing this conversation until a sustainable long-term solution is agreed upon.
  • Combating Catastrophic Wildfire: I sent a letter to U.S. Forest Service Chief Thomas Tidwell urging him to immediately consider the Eastern Arizona Counties Organization's request for the agency to free-up Forest Service lands for industry-driven forest restoration in an effort to reduce the frequency and severity of catastrophic wildfires.
  • Allegations of Mismanagement at Tucson VA: I was deeply troubled by serious allegations of mismanagement and whistleblower retaliation at the Tucson VA Medical Center, and called on Secretary Robert McDonald to fully investigate these reports.
  • VA Suicide Hotline Failure: I am saddened and disappointed by a new report confirming that veterans' calls to a VA-run suicide hotline have gone unanswered in past years. The VA's failure to help our most vulnerable veterans is not only unacceptable, but it is shameful, and underscores why the Senate voted unanimously to pass the Clay Hunt Suicide Prevention for American Veterans Act -- a bill I was proud to sponsor that begins to repair the VA's fractured suicide prevention programs and services. I continue to work to ensure this law is properly and effectively implemented so that all veterans get the best quality care they have earned and deserve. If you, as a veteran, are encountering problems receiving care, or if you know a veteran who is having similar difficulty, please contact my office at 602-952-2410 or here.
  • Keeping the Internet Free: The Senate's passage of Internet Tax Freedom Act represents an important victory for American innovation, ingenuity and freedom. I have long believed that the Internet should be tax-free, and I have spearheaded efforts to permanently ban state and local authorities from imposing economy-crippling taxes on the Internet.
  • EPA's Role in Gold King Mine Disaster: I was deeply troubled by a new report highlighting the EPA's culpability in the Gold King Mine disaster in August. I will continue to exercise strong oversight of this incident through my work on the Senate Indian Affairs Committee so that we can bring swift justice for all Navajo families impacted by this disaster.
  • Underscoring Importance of Operation Streamline: The Senate Homeland Security and Governmental Affairs Committee approved Senator Flake and my resolution recognizing Operation Streamline's success in reducing recidivism among illegal border crossers. The resolution also calls on the Administration to immediately remove any directives or policies that would bar the prosecutions of first-time border crossers under this program.
  • Boosting Drought Response in Arizona: I was gratified by BLM's announcement that it would devote critical funding this fiscal year to boost much-needed water management and drought response projects in Arizona. In particular, the Bureau has allocated $11.5 million to the Lower Colorado River Basin Drought Response Action Plan, as well as an additional $5 million to support the Colorado River Basin Pilot System Conservation Program.
  • President's Irresponsible Defense Budget Request: While President Obama's budget request included outrageous spending on liberal policies, he chose to drastically cut the resources our military needs to defend the nation. By strictly adhering to the minimum spending level allowed by last year's bipartisan Budget Act, the President's request would leave the Department of Defense with at least $17 billion less than what it said it needed and planned for this year. As a result, President Obama failed yet again to put forth a defense budget that our nation demands and our military deserves.