Capitol Hill Hearings   View more episodes

Aired at 04:00 PM on Wednesday, Jan 30, 2013 (1/30/2013)      View all transcripts from this day

Transcript

00:00:00Not violate the rights of law- abiding citizens and they actually do something constructive, significant, and affected to protect law-abiding citizens.
00:00:15Captain kelly talked-about the failure of the matrix.
00:00:17I 20 -- I testified 25 years ago before this committee about one thing that turned out to be part of that matrix of failure and that was the ban on so-called assault weapons.
00:00:23I warned during that testimony then that it was based not on the function of guns or how fast they fired or how powerful they were bought on superficial, cosmetic characteristics and accessories.
00:00:38As part of a compromise that eventually led to that bill being mistakenly passed by congress, the bill had a 10- year sunset and a requirement that the the part of justice supervised a study of the effectiveness of that law.
00:00:59That study -- the people to carry about -- carry out that study were chosen by janet reno at the department of justice and they concluded that the law had done nothing.
00:01:03It did not save lives.
00:01:06It had did not reduce the number of bullets fired in crimes.
00:01:10It had been a failure.
00:01:12To some minor degree, it switched the type of guns used in crimes so you had a gun with one name instead of another name but it did not reduce crime overall.
00:01:29Indeed, it was a dangerous bill in the sense that so much political attention was distracted by the focus on this that it took public attention away from debate on measures that might have been more constructive and life-saving.
00:01:36Today, police and law abiding citizens to semiautomatic handguns and rifles such as the ar-15 for the same reason, they are also a choice to defend.
00:01:50These are only meant for mass murder and that would libel law abiding citizens.
00:01:58They do not choose his guns for hunting or collecting but the purpose for which police of is a carry firearms, for all lawful defense of self and others.
00:02:11Great britain shows the perils of mass gun confiscation that some people have proposed.
00:02:21As a hired violent crime rate and the united states and especially high rate of home invasion burglaries.
00:02:26Congress has repeatedly out log gun registration because of the actor recognition that another country gun registration has been used for confiscation.
00:02:38Since 1941, 1986, 1993 congressional statutes are one way the gun rights can be protected against future abuses.
00:02:51Unfortunately, the bill's about universal background checks that have been proposed in recent congresses with the support of new york city mayor michael bloomberg have often had provisions and then for gun registraon and many other violations of the civil liberties of law-abiding persons such as allowing gun bans for people accused but acquitted of drug crimes.
00:03:08Universal background checks should be available.
00:03:14It was a wise move by president obama in his january 16 press conference to begin changes in federal drug -- regulations to allow the private sellers to access the background check system v licensed firearm dealers.
00:03:30Many people would take advantage of that and I commend them but mandating universal checks can only be enforceable if there is universal gun registration and we know that universal gun registration in every country in the world where it has existed has been a serious peril to gun ownership.
00:03:54Universal gun registration was imposed by canada in 1995 and was later repealed in 2012 by the canadian parliament because it was such a fiasco.
00:04:00If we want to save lives right now, there is only one thing that will stop the next copycat killer in the lawful armed self-defense and the schools not only by armed guards but also by teachers.
00:04:15Utah provides the successful model.
00:04:19There, a teacher who has a permit to carry every background check and safety training class everywhere else in the state is not prohibited from carrying at the school.
00:04:27Gun prohibition lobbies, the balkans a fantastic scenarios about the harm is that these would cause that teachers would shoot each other or threaten students or the students will steal the guns.
00:04:46They have had this practice in utah and many years and there has never been a single problem.
00:04:50We have never had an attack on a utah school.
00:04:51Want to save lives, armed defense in schools is the media and best choice while other constructive solutions may take longer to have any effect, thank you.
00:04:57>> Thank you very much.
00:05:03Chief james johnson is the police chief of the baltimore county police department.
00:05:08He started his career as a police cadet at the age of 80.
00:05:14Has more than 30 years of experience with the department.
00:05:20He is also the chair of the national law enforcement partnership to prevent the violence and represents nine national law enforcement organizations.
00:05:27Chief, thank you for taking the time to be here, please go ahead, sir.
00:05:35>> Thank you for the opportunity to testify.
00:05:38I am here on behalf of the national law enforcement partnership to prevent gun violence.
00:05:44>> Your microphone on?
00:05:45>> Yes, it is.
00:05:54I am here on behalf of the national law enforcement partnership to prevent gun violence.
00:06:04It aligns the nation's law enforcement leadership organizations concerned about the unacceptable level of gun violence in the united states.
00:06:12We mourn loss of gun violence victims including the 20 children and six adults in newtown whose lives were cut short by an individual armed with firepower originally designed for combat.
00:06:19More than 30 homicides occur in america each day, 2000 children, and six adults and newtown are among those individuals.
00:06:31"18 And under die from gun- related violence every year.
00:06:34In 2011 for the first time in 14 years, fire arms was a leading cause of death for police officers killed in a line of duty.
00:06:42In one week period, in 2011, the police executive research forum found that a gun crime in six cities would cost more than $38 million.
00:06:56The year 2010, the cost in the entire country was more than $57 billion trade we urgently need congress to address the rising epidemic of gun violence in this nation.
00:07:08And for some leaders support the president paz comprehensive approach which includes enhancing safety and educational institutions and addresses mental health issues.
00:07:21On behalf of my colleagues across the nation, I am here today to tell you that we are long overdue in strengthening our nation's gun laws.
00:07:31Doing so must be a priority for congress.
00:07:32Organizations in the national law enforcement partnership to prevent gun violence are urgently calling on you to require background checks for all firearms purchases, to insure that records are in a system and they are complete and limit high capacity ammunition devices for 10 rounds.
00:07:55Seven of our nine groups including the largest among us also support senator feinstein's assault weapons ban legislation.
00:08:07Federal law prohibits dangerous individuals such as convicted felons and those with mental health this qualifiers for possessing firearms.
00:08:15Background checks are required on dealers, no check is required for private sales such as those for online or print ads or gun shows.
00:08:25Is a major problem.
00:08:27From november, 2011-november, 6 million transactions occurred without a background check.
00:08:36This occurs for private individuals rather than licensed gun dealers.
00:08:43It allows 40 percent of those requiring guns to bypass checks, it is like allowing 40% of passengers to board a plan without going through security.
00:08:52Would we do this?
00:08:54Last october in brookfield, wisconsin, seven women were shot by present -- by a prohibited purchaser was under a restraining order.
00:09:04The shooter answered an online ad was able to buy a gun without a check of very quickly.
00:09:13Had the sale been required to have a check, the tragedy could have been prevented.
00:09:16Background checks work.
00:09:18They stop nearly 2 million prohibited purchasers between 1994-2009.
00:09:24We already have a national background check system in place.
00:09:31Therefore extending the background check to all purchases can easily be implemented and it should be without delay.
00:09:35States cannot do it alone.
00:09:37Interstate firearms trafficking is a rampant problem and it must be addressed federally.
00:09:42According to atf, 2009, 30% of guns recovered had -- at crime scenes crossed state lines.
00:09:50Maryland recovered nearly 2000 last year from outside the state.
00:09:59In 20007 massacre at virginia tech is a great example of a prepared to purchase are slipping through the cracks due to thenix branch checks.
00:10:11The ban on high-capacity magazines must be reinstated.
00:10:15Like assault weapons, high- capacity magazines are not used for hunting.
00:10:20They do not belong in our homes and a recovery of our community.
00:10:23Banning these magazines will limit the number of rounds a shooter can discharge before he had to reload.
00:10:32Reloading can provide a window to escape an offer cover or concealment or attacked the adversary.
00:10:39To take down the shooter -- in 1998, after the ban was enacted, the percentage of firearms of large capacity magazines decrease to and continued to drop until it hit a low of 9% of the weapons recovered.
00:11:03In 2004, the year the ban expired, it hit a high of 20% in 2010.
00:11:07I have been in law enforcement for nearly 35 years and I have seen an explosion of firepower since the assault weapons ban expired.
00:11:14It is common to find many showcasing that crime scenes when you investigate.
00:11:19Victims are being riddled with multiple gunshots.
00:11:24The common-sense measures we call for will not infringe on the second amendment rights but will keep guns out of the dangers hands of people who are out there to commit danger in our society and excessive power -- firepower out of our communities.
00:11:40Generations of americans including our youngest are depending on you to ensure that they will grow up and fulfill their roles in the great human experience.
00:11:53None of us can fail them and i urge you to follow the will of the american public on this issue and stand with law enforcement when these common- sense public safety measures.
00:12:03Thank you.
00:12:03>> Thank you, chief.
00:12:06Our next witness is gail trotter, the co-founder of her law firm here in washington.
00:12:15She is also a senior in an independent women's forum.
00:12:20Good to have you here, go ahead, please.
00:12:23>> Chairman lady gaga record number grassley, and members of this committee, thank you for inviting me to appear before you today.
00:12:32We all want a safer society.
00:12:33We differ on how to make our society safer.
00:12:38We differ on whether some proposals will actually increase public safety.
00:12:45I urge you to reject any actions that will fail to make americans safer.
00:12:54In particular, are women the most I would like to begin with the compelling story of sara mckinley.
00:12:58She was home alone with her baby, she called 911 when two violent intruders began to break down her front door.
00:13:06These men are forcing their way into our home to steal the prescription medication of her recently deceased husband.
00:13:13Before police could arrive, while she was still on the phone with 911, these violent intruder broke down her door one of the man had a foot long hunting knife.
00:13:26The intruder forced their way into that her home, she fired her weapon.
00:13:35She fatally wounded one of the violent attackers.
00:13:36The other fled.
00:13:40Later, she explained that it was either going to beat him or my son.
00:13:44It was not going to be my son.
00:13:47Guns make women safer.
00:13:50Over 90% of violent crimes occur without a firearm which makes guns the great equalizer for women.
00:13:59The vast majority of violent criminals use their size and their physical strength to prey on women who are at a severe disadvantage.
00:14:11In a violent confrontation, bonds reversed the balance of power.
00:14:15An armed woman does not need superior strength or the proximity of a hand-to-hand struggle.
00:14:23Concealed carry laws reverse that balance of power even before a violent confrontation occurs.
00:14:29For a would-be criminal, but carry laws but reduce the risk of committing a crime.
00:14:36This indirectly benefits even those who do not carry.
00:14:44Research shows that in jurisdictions with concealed carry laws, women are less likely to be raped or murdered than they are in states with more restrictions on gun ownership.
00:14:55Armed security works.
00:14:58Brave men and women stand guard over capitol hill, including this building where we are now.
00:15:07Armed guards protect high- profile individuals including prominent gun-control advocates, some of whom also rely on personal gun permits.
00:15:18While armed security works, gun bans do not anti-gun legislation keep guns away from the same and the law-abiding but not criminals.
00:15:28No sober minded person would advocate a gun ban instead of armed security to protect banks, airports, or government buildings.
00:15:37We need sensible enforcement of laws that are already on the books.
00:15:42Currently, we have thousands, thousands of under-enforced or selectively enforce gun laws and we failed to prosecute serious gun violations and impose meaningful, consistent penalties for gun felonies involving firearms.
00:16:01Instead of self-defeating gestures, we should address the gun violence based on what works.
00:16:09Guns make women safer.
00:16:10The supreme court has recognized that lawful self- defense is east -- is an essential component of the second amendment guarantee of the right to keep and bear arms.
00:16:24For women, the ability to arm ourselves for our protection is even more consequential than for men.
00:16:32Because guns are the great equalizer in a violent confrontation.
00:16:37As a result, we protect women by safeguarding our second amendment rights.
00:16:44Every woman deserves a fighting chance.
00:16:47Thank you.
00:16:51>> Excuse me, thank you very much.
00:16:55Our last witness is wayne la peirre of the national rifle association.
00:17:04I believe you have been there since 1970?
00:17:06>> That is correct.
00:17:08>> Please go ahead.
00:17:10 chairman and members of the committee.
00:17:145 million moms and dads and sons and daughters -- >> press that white button.
00:17:25>> Thank you.
00:17:27It is an honor to be here today 5 million moms and dads and sons and daughters in every state across our nation will make up the national rifle association of america.
00:17:385 million active members of the nra and they are joined by tens of millions of supporters throughout the country.
00:17:49It is on behalf of those millions of decent, hard- working, law-abiding citizens that I am here today to give voice to their concerns.
00:18:00The title of today's hearing is what should america do about gun " elieve the answer is to be honest about what works and honest about what does not work.
00:18:09Teaching safe and responsible gun ownership works and the nra has a long and proud history of doing exactly that our child safety program has taught 25 million young people that if they see a gun, they should do four things -- stop, don't touch it, leave the area, and call an adult.
00:18:32As a result of this and other private-sector programs, fatal fire arms accidents are apples level in 100 years.
00:18:40-- At the lowest level in 100 years.
00:18:48The nra has over 80,000 certified instructors to teach our military personnel, law enforcement officers, and hundreds of thousands other american men and women how to safely use firearms.
00:18:57Do more and spend more than anyone else on teaching safe and responsible gun ownership.
00:19:13We have no more sacred duty and to protect our children and keep them safe.
00:19:21That is why we asked ace the hutchinson to bring in every available expert to develop a model school shield program, one that can be individually tailored to make our schools as safe as possible.
00:19:35It is time to throw an immediate blanket of security around our children.
00:19:41About a third of our schools right now have our security already, because it works.
00:19:47And that number is growing every day.
00:19:49Right now, state officials, local authorities, and school districts in 50 states are considering their own plan to protect children in schools.
00:20:02We need to enforce the thousands of gun laws already on the books.
00:20:07Prosecuting criminals who miss use firearms works.
00:20:31Unfortunately, we have seen a dramatic collapse in federal gun prosecutions in recent years.
00:20:34Overall, in 2011, federal firearms prosecution's per- capita were down 35% from their peak in the previous administration.
00:20:39That means violent felons, a violent gang members and drug dealers with guns and the mentally ill who possessed firearms are not being prosecuted.
00:20:50That is completely and totally unacceptable.
00:20:53Not more than 76 -- there are more than 76,000 firearms purchases denied federally.
00:20:56Only 62 of those were proposed for prosecution and only 46 went to court.
00:21:01I think we can agree that our mental health system is broken.
00:21:05We need to look at the full range of mental health issues, from early detection treatment, to civil commitment laws to privacy laws that needlessly prevent mental health records from being included from the national list and check system.
00:21:21While we're waiting for a meaningful effort to solve these pressing problems, we must respectfully, but honestly and firmly disagree with many members of the committee and the media on what will keep our kids safe.
00:21:41Law-abiding gun honors will not accept the blame for the acts of of what -- gun owners will not accept blame for acts of criminals.
00:21:51As I said earlier, we need to be honest about what works and what does not.
00:21:55Proposals but would only serve to burden the law-abiding have failed in the past and will fail in the future.
00:22:03Semiautomatic firearm technology has been around for 100 years.
00:22:07They are the most popular guns for hunting, target shooting, self-defense.
00:22:12Despite this fact, congress banned the manufacture and sale of hundreds of semi-automatic firearms from 1994 through 2004.
00:22:20Independent studies, including one from the clinton justice department, approved it had no impact on lowering crime.
00:22:27And when it comes to background checks, let's be honest.
00:22:31They will never be universal because criminals will never submit to them.
00:22:37There are a lot of things that can be done and we ask you to join with us.
00:22:42The nra is made up of millions of americans who support what it is -- what works.
00:22:46The immediate protection for all, not just some, of our school children is what is needed, and swift punishment of criminals who misuse guns in fixing our mental health system.
00:22:57We love our families.
00:22:58We love our country.
00:23:00We believe in freedom.
00:23:02And we are the way -- the millions from all walks of life to take responsibility and protection as a god-given, fundamental american right.
00:23:15>> Chief johnson, let me begin with you, sir.
00:23:21In my experience, many criminals are able to get guns illegally because they use straw purchases.
00:23:28In other words, a person with no criminal records can easily pass a background check and then goes and buys the guns and turns them around and gives them to criminals.
00:23:41There is no federal law that makes it illegal to act as a straw purchaser of firearms.
00:23:49Last week, I introduced a bill that will strengthen federal law to combat firearms trafficking and it would specifically target straw purchasers.
00:24:02Do you think there should be such a lot?
00:24:05>> The background procedures in this nation are seriously in need of modification.
00:24:15Again, 40% of those acquiring firearms tried to do it outside the background procedure.
00:24:23Senator, you are absolutely correct, many will use a straw purchaser to go in and acquire these firearms.
00:24:29It happens every day across america.
00:24:31It is a serious problem.
00:24:34In national law enforcement provision to prevent gun violence support your initiative to address that issue.
00:24:40>> Thank you, chief.
00:24:43We also heard testimony about the safety of women and gun violence.
00:24:47I'm seeking immediate consideration of the violence against riyadh -- against women reauthorization act.
00:24:58It will be on the floor of the senate for a vote in the next couple of weeks.
00:25:02I did this out of concern for domestic violence victims.
00:25:08Statistics show win in this country are killed at alarming rates -- when men in this country are killed at alarming rates by domestic abusers with guns prepare -- women in this country are killed at alarming rates by domestic users with guns.
00:25:25If he is able to get a gun with a straw purchaser, of course, he still gets it, but he will not be able to purchase a gun and a background check is conducted.
00:25:46That is, if he is a criminal.
00:25:4738% Fewer women are shot in states that require a background check before a gun is purchase.
00:25:54Do you agree that if we want to keep firearms away from domestic abusers, who are not supposed to have them anyway, we have to have a better background check system and require a background check for every firearm purchasers?
00:26:09>> Absolutely.
00:26:11I would like to stand before this group today and say, I've spent my years of chasing down violent armed robbers and every day.
00:26:19As a young patrol officer, most of my day was one domestic to another.
00:26:26Statistics show that when females are killed, over 50% of the time it is a spouse or household member.
00:26:36A gun and a home where there is a history of domestic violence, statistics show that there is a 500% increase in the chance that the person will be victimized by gun violence.
00:26:49We introduced legislation to allow us to go out and sees the guns of domestic violence of users where it has obtained a protective order.
00:27:02This has been very effective.
00:27:05In my jurisdiction, which averages about 3500 domestic violence incidents a year, this has had a significant impact in reducing those domestic.
00:27:19Two of the last three years, was below the 40-year homicide rate.
00:27:27This has helped us tremendously.
00:27:29>> Thank you.
00:27:32Captain kelley, it appears that you have said that background checks would not work because criminals would not submit to them.
00:27:41I understand that, but they do not have to go through background checks because there are so many loopholes.
00:27:52Do you agree that there is nothing that we can do to strengthen our background checks?
00:28:03>> I disagree.
00:28:06There is a lot we can do.
00:28:09The situation that I know best is what happened in tucson, january 8, 2011.
00:28:14Jared loughner, the shooter in this case, when he purchased a gun, he purchased it through a background check.
00:28:21But there was a lot of evidence that could have been in the criminal background check system about him that would have prevented him from buying a gun through a background check.
00:28:34That is part of the problem.
00:28:38-- Part of the solution.
00:28:43The other problem is, let's say, he was denied the purchase of the gun, which he purchased in november, 2010.
00:28:47It would have been easy for him to go to a gun show and purchase one without a background check.
00:28:53There are many things that can be done.
00:28:56And in my opinion, and ingabby' s opinion, this is one of the most important things that we must do to prevent terrorists, criminals, and the mentally ill from having access to guns.
00:29:08Closing loopholes and requiring private sellers to require a background check to transfer a gun, for us, I cannot think of something that would make our country safer than doing just that.
00:29:24>> Thank you.
00:29:27In 1999, you testified before the house judiciary committee, and you testified "nobody is more committed than we are and to keeping guns out of criminal hands.
00:29:36" I assume you are still committed to that endeavor, correct?
00:29:45>> Correct.
00:29:46>> And do you agree that we should prosecute and help get those criminals to get done?
00:29:55-- Get guns?
00:30:05>> If you're talking straw man sales, we have said they should be prosecuted for years.
00:30:09>> You agree that we should help catch criminals who get guns?
00:30:10>> If they are doing a straw man sale, they should be prosecuted.
00:30:14Absolutely.
00:30:18>> And you have instead of background checks at gun sales and gun shows, no background checks for anyone.
00:30:32Statistics show that nearly 2 million convicted criminals have tried to buy firearms and were prevented.
00:30:49Do you still, as you did in 1999, still support mandatory background checks at gun shows?
00:30:52Yes or no?
00:30:58>> We support the national check system on dealers.
00:31:02We were here when one of your colleagues held the hearings in terms of who would be a dealer and who would be required to have a license.
00:31:12If you did it for live the good and profit, yes.
00:31:16If you did it for a hobby, no.
00:31:18>> Let's make easy.
00:31:20I'm talking about gun shows.
00:31:20Should we have mandatory background checks at gun shows for sales of weapons?
00:31:22>> If you are a dealer, that is already the law.
00:31:24>> That is not my question.
00:31:26Please, I'm not trying to play games.
00:31:28If you could, just answer my question.
00:31:35>> I do not believe the way the lot is working now, unfortunately, that it does any good to extend the law to private sale between hobbyists and collectors.
00:31:53>> You do not support background checks in all instances at gun shows?
00:31:57>> We do not, because the fact is, the law right now is a failure the way it is working.
00:32:08You have 76,000 people that have been denied under the present law.
00:32:10Only 44 were prosecuted.
00:32:11You are letting them go.
00:32:12They're walking the street.
00:32:14>> Back in 1999, you said no loopholes anywhere for anyone.
00:32:19But now you do not support a background checks for all buyers of firearms?
00:32:23>> The system the way it is working now is a failure.
00:32:28This administration is not prosecuting the people they catch.
00:32:3423 States are not even putting the mental records of those adjudicated incompetent into the system.
00:32:40If they try to buy a gun, even if you catch them, and they try to walk away, you let them.
00:32:45They are criminals, homicidal maniacs and mentally ill.
00:32:53We all know that, maniacs and the mentally insane do not abide by the law.
00:32:59>> My time is up.
00:33:00With all due respect, that is not a question I asked.
00:33:03Nor did you answer it.
00:33:06>> But I think it is the answer.
00:33:08I honestly do.
00:33:09>> It is your testimony, senator grassley.
00:33:15>> Before I ask a question, senator hatch asked if I would explain to everyone here why he left.
00:33:28He is a member of the financial committee and he has to be there for that.
00:33:35Professor kappel, was the 1994 assault weapons ban effective in recing n-violence?
00:33:44And secondly, is there any reason for reenacting an assault weapons ban?
00:33:56>> Based on the department of justice study, the answer was no.
00:33:59It was something that was tried with great sincerity.
00:34:03A lot of people thought it would be a good idea.
00:34:05But it did not seem to save any lives.
00:34:14Not that the researchers could find.
00:34:17The revised law is just more of the same, but it suffers from the same fundamental problem.
00:34:21You can have a 1994 law that list some guns by name and a 2013 law that lists more guns by name, but the very fact that you are listing them by name and banning them, that is an example of how the law does not address the guns fire power their rate of fire.
00:34:40If there is something that makes these guns more dangerous, then legislation ought to be able to identify that in mutual terms.
00:34:51The present bill, like its 1994 predecessor, also has outlawed things based on various features.
00:35:01These are not things that have to do with internal mechanics of the gun, how fast it fires, or powerful the bullets are.
00:35:12There are things like a rifle with a forward grip.
00:35:19The forward grip on the rifle helps the user stabilize it and make it more accurate, so that if you are deer hunting, the second shot is almost as accurate as the first -- or if you are target shooting.
00:35:30Or most important, if you are engaged in lawful self-defense.
00:35:37That is why they are issued as standard in police cars all over the country, because they make the gun more accurate for the core purpose of the second amendment, which is lawful self- defense.
00:35:50>> Chief johnson and professor kopel, listen while I ask each of you a question.
00:35:56Recently, an article was written and in it, a bipartisan group of elected sheriffs and police chiefs offered a candid assessments of current legislative proposals.
00:36:08One chief of police stated, "i think banning assault weapons and high-capacity magazines is strictly a feel-good measure and " instead, they ask for options for getting mentally ill individuals treatment.
00:36:25Chief clark in iowa added, "we identified some that are mentally ill.
00:36:32They need treatment.
00:36:39But we cannot access the " chief johnson, what options do your officers have?
00:36:46I quoted iowa, but what options do you currently have to deal with mental illness?
00:36:58>> It is a major problem in america today, and in my jusdiction.
00:37:04I'm here to talk about ways to stop gun violence.
00:37:10We know that banning high- capacity magazines will make our police officers savers -- safer.
00:37:17We have lost dozens of police officers in america do to assault weapons.
00:37:28And we have seen tragedy's all across this great nation in many cities.
00:37:33An off-duty police officer -- you are never off duty -- shot down by an assault weapon.
00:37:38It it must be addressed.
00:37:40>> You wrote an article last week and I would like to have that included in the record.
00:37:51Is there a change to civil laws that could play a part in mass shootings?
00:37:58And what can we do to keep guns away from the mentally ill and consistent with second amendment?
00:38:10>> Consistently, they played roles in homicide.
00:38:12According to the department of justice research, about one sixth of the people in state prisons for homicide are mentally ill.
00:38:20If you look at these mass murders where suicidal people try to end their lives in the most infamous way possible, in tucson, virginia tech, newtown, aurora, you have a strong threat of mental illness running through debt.
00:38:38And certainly, approving the background check, the data about mental health adjudication, not just a psychiatrist recommendation, but what do process and the constitution require, which is an adjudication, a fair decision by a decision maker.
00:39:04Getting those things into the background check is something that congress started working on after virginia tech, and there's more progress to be made.
00:39:11It is not just a matter of checks.
00:39:13Even with the most ideal checking system in the world, you have to imagine that they could not get a gun anywhere else.
00:39:26Adam lanza did not have a background check.
00:39:30He took the gun after murdering his mother.
00:39:33The long-term solution is addressing the question of how they are on the streets in the first place.
00:39:41Laws were changed decades ago because they were sometimes abused, but I think we can move back to a more sensible position that strongly deals with the due process rights, but also get people off the streets.
00:40:00It will cost money at the state level, but greatly saved in the long term through reduced incarceration costs for crimes.
00:40:07>> Your testimony discussed the need for women to be able to defend themselves and their families.
00:40:15The law currently permits the lawful possession of semiautomatic rifles such as the ar-15.
00:40:21Can you tell me why you believe a semiautomatic rifle such as the ar-15 has taught you as a weapon of self-defense?
00:40:43>> The guns are accurate.
00:40:45They are light and easy to hold and most importantly, their appearance.
00:40:57An assault weapon in the hand of a young woman defending her babies at her home becomes a defense weapon.
00:41:04And a peace of mind that she has as she is facing multiple intruders into her home with her children screaming into the background, the peace of mind she has knowing that she has a scary looking gun that helps her to defend herself.
00:41:36If you banned these weapons, you are pretty women had a great -- you are putting women at a great disadvantage, more so than men.
00:41:50And these are not criminals.
00:41:51They are young women and they're not used to violent confrontation.
00:41:55I speak on behalf of millions of american women across the country who urge you to defend our second amendment right to choose to defend ourselves.
00:42:01>> Thank you.
00:42:03>> Thank you for holding this hearing.
00:42:08I want to thank everybody for being here, even you, mr.
00:42:11Lapierre.
00:42:21We tangoed, what was it, 18 years ago?
00:42:23You are looking pretty good [laughter] I would like to add something to the record.
00:42:31Page 44 of the department of justice report of assault weapons as a percentage of gun traces.
00:42:43It shows a 70% decline from 1992-1993 through 2001-02.
00:42:51>> No objection.
00:42:52>> Thank you.
00:42:53Chief johnston, I would like to talk with you.
00:42:59I am very grateful for the support of your organization, e major chiefs.
00:43:11As well as the trauma surgeons to see what these guns do in tearing apart bodies.
00:43:15I have become very concerned as I looked at the bill before in 1993, at the technological improvement in these weapons over these years.
00:43:29One of the things we have tried to do in this new bill is prevent that from happening in the future.
00:43:39In looking at the ar-15 magazine on a device, which is legal, called a slide fire, I note that with practice, a shooter may control his rate of fire from 400 rounds to 800 rounds per minute, or shoot two, three, or four rounds at a time and just as easily fire single shots.
00:44:00It apparently is versatile.
00:44:04It is easy to use, but has tremendous velocity and tremendous killing power.
00:44:25I suspect, tears young bodies apart.
00:44:27And I suspect initially that the suspect's mother in new town gave this gun to her son.
00:44:30Is that correct?
00:44:32>> These guns were accessible in the home of the shooter.
00:44:40It is a major problem, security of weapons.
00:44:46In my jurisdiction, two school shootings.
00:44:49Safety and security of weapons would have made different in that case.
00:44:57Senator I applaud you for including the safety and security measure in your bill.
00:45:01>> Thank you.
00:45:02This is such a hard debate.
00:45:05People how such fixed positions.
00:45:08Police, I think, see killings as they are.
00:45:13Many people do not.
00:45:19In a sense, the streets speak about this issue.
00:45:24These guns fall into the hands of the wrong people.
00:45:38It is my understanding that mrs.
00:45:39Lanza's son, the shooter in this case, have no mental health record.
00:45:41Is that correct?
00:45:43>> It is my understanding that no record exists.
00:45:46It is my understanding that there was ample evidence, though, amongst those close to him that there was a serious problem.
00:45:59>> Which is something I think we need to tackle today.
00:46:04Mental health laws are usually the preserve of the state and local government.
00:46:14They provide the facilities.
00:46:15Do you have any suggestions with respect to anything we might be able to do to improve mental health laws nationally, which might catch people who are a danger to themselves or others in this area?
00:46:37>> This is a major problem for law enforcement.
00:46:39Citizens, police officers, doctors, parents can petition for an emergency evaluation when they see an individual is a danger to themselves or others.
00:46:48It is important that we all do this.
00:46:52It is a tough decision, but sometimes you have to make it against your own son.
00:46:58It can affect their entire life, but it has to be done.
00:47:01The improvement and is to be made is that we can have this information entered instantly into a data system in the event that an individual tries to go out within 24 hours and get a gun.
00:47:11Someone in wisconsin went into a salon to shoot his wife.
00:47:18He wanted a gun fast.
00:47:19He was caught, emotional, out of control.
00:47:21And he wanted to get it done fast.
00:47:25The way you do that is you reach out outside the established a background check requirements and acquire it.
00:47:31That gun could have been prevented from getting into the hands of a person who will carry that out in in high -- in a high emotional stage.
00:47:41This is really important.
00:47:44>> We have millions of big clips.
00:47:54The aurora shooter used a 100- round drum.
00:48:00Fortunately, it jammed, or it would have killed more people.
00:48:02I think people believe that we can have guards at schools.
00:48:05I am well aware that columbine there was a deputy sheriff who was armed, and actually took a shot, but could not hit the shooter there.
00:48:14The question comes, what do you do about the morals?
00:48:19-- Malls?
00:48:22What do you do about the movie theaters?
00:48:26What do you do about businesses?
00:48:32We cannot have a totally armed society.
00:48:35That is my feeling, about the need to say there are certain categories of guns.
00:48:41We actually exempt over 2000 specific weapons by make and model name and then ran about 158 assault weapons and go to a one characteristic test.
00:48:52You have looked at this bill.
00:48:54Do you believe it will be effective?
00:48:57>> Yes, ma'am, I do.
00:48:58I believe that addressing all of the issues holistic lead in the president's plan, as well as a comprehensive, universal background check procedure, banning high-capacity magazines, banning assault weapons, collectively together will create a system.
00:49:18The best way to stop a bad guy from getting a gun in the first place is a good background check.
00:49:27>> Thank you.
00:49:29>> As senator grassley noted, senator hatch has to be gone.
00:49:33I will recognize him when he comes back.
00:49:40We will go in seniority.
00:49:42I will go to senator sessions.
00:49:46All members can put statements in the record by the close of business today.
00:49:59>> Thank you, mr. chairman.
00:50:06Daud smith, the better part of our career, I guess, prosecuting attorney, and during that high -- I gave emphasis to the gun violations.
00:50:16We were one of the top prosecuting districts in the country.
00:50:23In the latest university of syracuse report, they list my district, the southern district of alabama as number one in the nation today in prosecutions of gun violations.
00:50:39This is what the university of syracuse study said, however, in its lead comment.
00:50:46Weapons prosecution's declined to the lowest level in a decade the latest available data from the justice department shows that during january, 2011, the government reported 484 new weapons prosecutions.
00:50:59This is the lowest level to which prosecutions federally have fallen since january, 2001, at the time that president bush assumed office.
00:51:14They go on to note some of the declines in various categories.
00:51:18First and foremost, I would say to you, as someone who has personally tried a lot of these cases before a jury, written appellate briefs on these cases, that these are the bread and butter criminal cases, felons in possession of a firearm, and carrying a firearm during a crime, both of which are serious offenses.
00:51:41Carrying a firearm during a crime during violent or other serious crimes is a mandatory five-year sentence without parole.
00:51:50Those prosecutions have declined, unfortunately, under president obama's presidency.
00:51:55Does it concern you, chief, that federal prosecutions per month in 2011 compared to those in 2010, the number of filings went 8% from 2006 in federal court.
00:52:18Does that concern you?
00:52:20>> I can tell you that in the baltimore police department -- >> I'm asking if those numbers concern you.
00:52:27>> No, because you are not including local prosecutions.
00:52:31I cannot stand here and tell you of a single case in baltimore county where a gun was involved that was not prosecuted.
00:52:39>> Are we trying to pass a state or federal law today?
00:52:44It is a federal law we are trying to enforce.
00:52:57And with regard to the crimes of carrying a firearm during the violence or drug trafficking offense, those prosecutions declined.
00:53:07.5%.
00:53:14I would say that, first, we need to make sure we are doing our job.
00:53:18I would also note that although crime is a very important matter, we should never lose our emphasis on bringing down crime.
00:53:27The murder rate in america today is half what it was in 1993.
00:53:31We have made progress on that.
00:53:33And we can continue to drive those numbers down.
00:53:37It is not as if we have an unusual surge in violent crime in america.
00:53:43With regard to background checks and straw purchases, let's be frank.
00:53:52Straw purchases are a problem and should be prosecuted.
00:53:57I have prosecuted those cases before on a number of occasions.
00:54:02I have prosecuted gun dealers who fail to keep records as required by the law.
00:54:08But the number of defendants charged under the 18usc926 regarding the lawfulness of a transfer have declined from 459 in 2004 to 218 in 2010.
00:54:29That is about a 52% decline under this administration is leadership.
00:54:35I would say to you, mathematically speaking, violence in america is impacted mostly when you are in forcing -- enforcing these bread and butter violations that are proven to work.
00:54:57I think everybody supports these strong laws.
00:55:01That is where the rubber meets the road.
00:55:07That is where you really begin to impact crime.
00:55:09If you can intimidate -- and I believe the word is getting out.
00:55:14It did in our district.
00:55:15If you carry a gun in a crime, a drug dealing offense, you can be prosecuted in federal court, given five years in jail without parole.
00:55:23We saw a decline in the violence rate and the number of drug dealers and criminals carrying guns.
00:55:31But you have to prosecute those cases.
00:55:35 lapierre, it does appear that the straw purchase prohibition that is out there, that prohibition seems to me to be legitimate.
00:55:50And I support -- and you said you support the prosecutions of it.
00:55:57But if we expand the number of people covered, and we do not have any prosecutions -- I believe you said there were only 44.
00:56:06That is the weakness in the system.
00:56:19>> Senator, there needs to be a change in the culture of prosecution at the entire federal level.
00:56:23It is a disgrace.
00:56:25We could dramatically cut crimes with guns and save lives all over this country if we were to start enforcing the 9000 federal laws we have on the books.
00:56:35I'm talking about drug dealers with guns, gangs with guns, felons with guns.
00:56:40The numbers are shocking.
00:56:42In chicago, one of the worst areas in the country for a gun violence by criminals cannot -- for gun violence by criminals, it is 89 in 90.
00:56:54In the entire united states, 62 people prosecuted under all of the federal gun laws.
00:56:59In the project to clean of richmond years ago, they did 350 cases in richmond.
00:57:03If you want to stop crime, interdict the violent criminals.
00:57:07Get them off the street.
00:57:10>> Richmond was a great model.
00:57:13I would call on president obama to call in the attorney general eric holder and ask him why the prosecutions have dropped dramatically across all categories of federal gun laws, and he should call in the u.s.
00:57:28Attorney's and tell them to look at the numbers and get them up and emphasize these prosecutions.
00:57:43>> Senator schumer.
00:57:45>> First, let me apologize to the witnesses.
00:57:49We have a finance committee meeting on reconciliation, which probably affects our police chief anay, so I had to be there.
00:57:57I want to thank you, chairman leahy, for organizing this important hearing.
00:58:03I want to thank the witnesses, particularly congresswoman giffords and your husband, mark kelly.
00:58:14By being here instead of cursing the darkness you are lighting a candle.
00:58:19Thank you.
00:58:21I do believe that we have a chance to do something reasonable in the aftermath of the sandy hook tragedy.
00:58:37But when we discuss ways to stop violence, guns must be included in that discussion.
00:58:40I heard ranking member grassley say we must go beyond guns.
00:58:43That is true.
00:58:45But we must include guns as well not including guns when discussing mass killings is like not including cigarettes when discussing lung cancer.
00:58:53But the same time, I agree.
00:58:55We cannot play the usum zero political game on guns, or the moment will pass us by.
00:59:16We cannot play the same zero sum game on guns, or the moment will pass us by.
00:59:23The american government will never take away america's guns.
00:59:25Americans need not to accept this provision, but endorse it.
00:59:29You cannot argue for an expansive reading of amendments like the first, fourth, and faith, but see the second amendment to the panel of saying it only affects militias.
00:59:44At theame time, those on the pro-gun side must recognize that no amendment is absolute.
00:59:55The first amendment protects freedom of speech.
00:59:59It is hollow.
01:00:01You still cannot falsely shouts fire in a crowded theater.
01:00:03The second amendment has sensible limits, too.
01:00:06My colleagues have offered a range of impressive and thoughtful proposals on the topic of gun violence.
01:00:18Chairman leia he has introduced a bill on trafficking.
01:00:21Senator feinstein has introduced one of assault weapons.
01:00:28For the last several years, my focus has been on gun ownership and background checks.
01:00:32Universal background checks is a proven, effective step we can take to reduce gun violence.
01:00:42And I believe it has a good chance of passing.
01:00:49Federally licensed firearms dealers have been required to conduct background checks on prospective gun purchasers since we passed the brady bill.
01:01:00We have seen that they work.
01:01:01Since 19the federal background check system has 7 million prohibited purchasers from buying firearms at federally licensed dealers.
01:01:11Yes, we should prosecute them.
01:01:14But the number one goal is to prevent a felon from getting a gun in the first place.
01:01:197 million times.
01:01:22The current system works well.
01:01:24But there are some glaring holes.
01:01:27First, not all gun sales are covered by a background check.
01:01:29The problem, sometimes referred to as the gun show loophole companies that a private seller could set up a tent at a gun show or somewhere else and not have to conduct a background check on its purchasers.
01:01:3948% Of gun sales are made without a background check.
01:01:44You are a felon, a gun trafficker, a mentally ill person, you know you can go to a gun show and not have any checks.
01:01:53Of course, that is what they do.
01:01:54This is not fair.
01:02:01And also to dealers who follow the rules and conduct checks.
01:02:03Why should someone going to a gun show have a different rules?
01:02:05There is no logic to it.
01:02:10I was the author of the brady bill, and that was something we were forced to put into the bill as a way to get the bill passed.
01:02:15But the last 15 years has proven it does not make sense.
01:02:25The second problem with the current system is that not all records are fed into the system.
01:02:30This is especially true with mental health records.
01:02:4119 States have submitted to fewer than 100 mental health records to nix.
01:02:44I think we can get bipartisan agreement on a bill that solves these two problems by doing two things print one, it will prevent felons and the mentally ill from getting guns by requiring a background check before all purchases, and two, i will get relevant records into the system.
01:03:01Right now as we meet here today, I'm having productive conversations with colleagues on both sides of the aisle, including a good number with high nra ratings.
01:03:11And I'm hopeful that we are close to having legislation we can introduce.
01:03:14And I would urge the nra, mr.
01:03:15Lapierre, and other gun advocacy groups to work with us on this proposal.
01:03:21The nra supported of our 2007 legislation that improved the background check system.
01:03:25I hoping they will try to do that again.
01:03:27It is a simple, straightforward solution, one the american people support.
01:03:31A recent survey by the new england journal of medicine found 90% of republicans, 74% of nra members support requiring background checks for all gun sales.
01:03:49I understand that because we have not introduced it I cannot ask the witness is about it.
01:03:58But I can tell you what it will not do.
01:04:00It will not create a gun registry.
01:04:02That is already illegal and is repeatedly illegal in our law.
01:04:04And it will not allow you to bar your relatives hunting rifle or share a gun at a gun range.
01:04:09It will include a reasonable exceptions to background checks for bonafide sales and transfers.
01:04:21Checks and sales are a tactic.
01:04:22Do you agree with the logic that we should prosecute people who illegally tried to buy guns?
01:04:27But even without that, the law has done a lot of good because people who are felons or adjudicated mentally ill, millions have topped from buying guns and getting guidance.
01:04:46-- Gettinguns.
01:04:51>> Since 1994 through 2009, the record is clear.
01:04:53It is a fact that nearly 2 million prohibited purchases were stopped.
01:04:57And god only knows what they would have done with those weapons had not been for that particular law.
01:05:06>> We want to do both, but wouldn't we rather stop them from having a gun than after they should someone or buy a gun illegally, then arrest them and put them in jail?
01:05:14>> Yes, sir.
01:05:16And you how to address the pathology of how you get the gun in the first place.
01:05:26That is what we are trying to achieve by universal background check.
01:05:29I am proud to stand before you this morning to let you know that every member of our organization supports background checks.
01:05:37The >> and does it make any sense to exclude the same people who sell them in a gun shop, or others to go to a gun show and not have a background check of all?
01:05:49>> It is insane.
01:05:54It is like letting 40% of the people just passed the tsa checkpoint at an airport.
01:05:58It is not an inconvenience.
01:06:00The record shows that nearly 92% of the individuals that tried to do begun background check out a gun shop, in a minute and a half, they are done.
01:06:07I cannot write a citation in a minute and a half.
01:06:14Even with technology I cannot do it that fast.
01:06:16It is not inconvenient.
01:06:17And it is unfair to a shop owner, too.
01:06:20Why impose more restrictions on a federally licensed dealer down on anyone else?
01:06:31And if you can sell a gun to your neighbor that you have known for 10 years, you do not know your neighbor.
01:06:35The only way to make sure that what you're doing is safe is a comprehensive background check.
01:06:40>> One final question.
01:06:41Many police officers are avid sportsman.
01:06:46They enjoy shooting not in their professional official duties.
01:06:50The majority of gun owners, surveys show, are for gun back -- background checks.
01:07:05>> My experience shows that every member of the nra supports a dock project.
01:07:10I loved to hunt.
01:07:10I own several guns.
01:07:11I love going to the range with my son who is a police officer today.
01:07:19>> Senator gramm has graciously let senator cornyn go.
01:07:30Please, senator cornyn.
01:07:40>> Thank you all the witnesses for being here today.
01:07:42Particularly to congresswoman giffords for being here and speaking so forcefully.
01:07:46I hope this serves as a starting point for us to consider a range of ideas on this topic.
01:07:52Anything that falls short of serious examination and discussion is window dressing.
01:07:56It is just symbolism over substance.
01:08:00I have a hard time telling my constituents in taxes that -- in exas that congress is looking at passing a raft of new laws when the laws we currently have on the books are so not enforced.
01:08:18I think we need to do what we can to address the shortcomings in mental health care, as well as background checks mechanisms we used to screen out prohibited gun buyers.
01:08:31We need to ask what the years of the institutionalization of the mentally ill have done for the safety of the american public.
01:08:44We need to ask about people who are subjected to a court order to outpatient mental health treatment.
01:08:50Tens of millions are falling to the cracks and surely, we can agree that more needs to be done to enforce existing gun la.
01:09:08The gun prosecutions are down across the board.
01:09:11 chairman, I hope we will have a follow-up hearing to ask administration witnesses to come before the panel and testify why agencies of government are not enforcing laws that congress has already passed.
01:09:26It is worth noting that five years ago, congress was asking the same questions we are asking right now.
01:09:31In 2008, there was an attempt made to strengthen the background check clause following the murders of virginia tech prepared -- the background check laws following the murders at virginia tech.
01:09:44Did those laws work?
01:09:46Just last july, it was given mixed reviews.
01:09:52Only a handful of states have taken seriously the responsibility to share mental health records.
01:10:02And I'm pleased that texas has been highlighted by the gao has outperforming other states in this area, but we have a long way to go.
01:10:08I think there are areas where we can come together right now, examine the nexus between gun crime, violence, and mental health care.
01:10:17I'm willing to listen to serious ideas, not just window dressing, to come up with solutions.
01:10:22 kelly, I noticed in your testimony you alluded to part of what I talked about, which is the fact that at the time in arizona their 121,000 records of disqualifying mental illness for people in arizona who had not been subjected to background checks because the state had not send that information to the federal government.
01:10:45Could you expand on the significance?
01:10:51>> In the case of jared loughner, a person who shot my wife and murdered six of her constituents, he was clearly mentally ill.
01:10:59He was expelled from the local community college because of that.
01:11:04His parents and his school did not send him anywhere to be adjudicated or evaluated with regard to his mental illness.
01:11:17 lapierre earlier tried to make the point that criminals do not submit to the background checks.
01:11:23Jared loughner, the tucson shooter, was an admitted drug user.
01:11:29He was rejected from the u.s.
01:11:31Army because of his drug use.
01:11:33He was clearly mentally ill.
01:11:34And when he purchased the gun in november, his plan was to assassinate my wife and commit mass murder at that safeway in tucson.
01:11:44He was a criminal.
01:11:46Because of his drug use and because of what he was planning on doing.
01:11:52But because of these gaps in the mental health system -- now, in this case, the 121,000 records, I admit, did not include a record on him.
01:12:01But it could have.
01:12:03And if it did, he would have failed that background cck.
01:12:09Obviously, in this case, he would have likely have gone to a gun show or a private seller and avoided a background check.
01:12:16But if we close the gun show loophole, if we require private sellers to complete a background check and we get those 121,000 records and others into the system, we will prevent gun crimes.
01:12:32That is an absolute truth.
01:12:33It would have happened in tucson.
01:12:39My wife would not be sitting in this seat.
01:12:42She would not have been sitting here today if we had a strong background checks.
01:12:45 lapierre, you talk about a laws already on the books the fact that the federal government has a poor record of enforcing laws.
01:12:55I fail to see out that the justice department will not in force will make the world any safer.
01:13:00From 2007-11, the department of justice charged 13% fewer total firearms cases.
01:13:14In each of the years during that span, the current administration's brought fewer firearms prosecution's than the year before.
01:13:20In january, 2011, only 484 prosecutions were initiated by the department of justice, the fewest number of prosecutions in 10 years.
01:13:28As far as 2006-10, the number of investigations for unlawful possession decrease 26%.
01:13:43During the same time friend, 76% fewer cases were referred to tabc for prosecution.
01:13:52Of the cases the fbi referred for prosecution, just 13 cases were prosecuted.
01:14:05Would you care to comment?
01:14:16>> In the shadow of everyone's noses of this building, right now, there are drug dealers and violating the law.
01:14:33There is all kinds of drugs being sold, trafficking young girls.
01:14:37And it goes on day after day.
01:14:38We've got to interdict these people, get them off the street before they get to the next crime scene.
01:14:44The fact is, the nra has been trying for 20 something years.
01:14:50The senator schumer went back and forth with me on "face the nation" where I asked if he would help get the mentally incompetent adjudicated and into the system.
01:14:59He said yes, but they are still not in the system.
01:15:09My point is, even if you turn out someone on the instant check, it is a mentally ill person " for a felon, as long as you are -- a mentally ill person or a felon, as long as you let them go, you are keeping them from getting a gun.
01:15:21The problem with gun laws, criminals do not cooperate with them.
01:15:28The mentally ill do not cooperate with them.
01:15:30You've got to interdict, incarcerate, get them in treatment, and do things that matter.
01:15:39You have police officers in schools, armed security in schools.
01:15:43But let's do the things that work.
01:15:46Let's get serious about this.
01:15:47This discussion, I sit here and listen to it and my reaction is that have little to do with making the country safe and has much to do with the decades-long gun ban agenda.
01:16:04We do not even enforce the laws when they are on the books.
01:16:06The attorney general of the united states, eric holder, during the richmond program, he called it a cookie cutter approach to solving crime.
01:16:14He did not have a lot of enthusiasm about it.
01:16:21I remember senator sessions held a hearing.
01:16:23The department of justice said that a drug dealer with a gun is a guppy and we cannot concentrate on guppies.
01:16:33Those guppies are what are ruining neighborhoods, destroying lives, and killing people.
01:16:38We've got to confront their behavior and take them off the street.
01:16:41They do not obey by all the laws that we have now.
01:16:44We've got to get real with what works and does not.
01:16:46My problem with background checks is that you are never going to get criminals to go through universal background checks.
01:16:55And of the law-abiding people, you will create an enormous federal bureaucracy, unfunded, and people have to pay the fees, pay the taxes.
01:17:11We do not even prosecute anybody right now that goes through the system we have.
01:17:14We will make all of those law- abiding people go through the system and then we will not prosecute any of the bad guys if they do catch one.
01:17:21None of it makes any sense in the real world.
01:17:29We have 80,000 police families in the nra.
01:17:36And we care about safety.
01:17:37We want what works.
01:17:38>> I'm trying to be fair to everybody here.
01:17:40Certainly, you have more chances to speak.
01:17:42>> That is the point.
01:17:43The criminals will not go to purchase the guns because there'll be a background check.
01:17:48It will stop them from original purchase.
01:17:50You missed that point completely.
01:17:53It is basic.
01:17:54[Applause] >> senato, I think you missed the point.
01:18:03>> There will be order.
01:18:05[Gavel] there will be order in the committee room.
01:18:12>> I'm going to give you a chance.
01:18:15But let me say at the outset, captain kelly, thank you.
01:18:20Thank you for bringing that wonderful, brave wife of yours today to remind us what victims suffer from buy and -- from gun violence.
01:18:29What a heroic figure she is and what a pillar you are to stand by her during her rehabilitation.
01:18:35We are so proud of her and of view.
01:18:40And I say with some regret, there should have been a hearing just like this right after your wife, one of our own, a member of congress was shot point-blank in the face at a town meeting in tucson, arizona.
01:19:09I hope you will extend to her our best wishes, love, and support for what she is doing today and what she has meant to all of us for this long period of time.
01:19:17I also want to say a word about an incident.
01:19:22There was a young lady from chicago, illinois, 15 years old.
01:19:25She attended a university prep school in chicago, an honor student, and she marched in the inaugural parade last week.
01:19:39I can point to one gun store, one store in illinois that accounts for more than 20% of the crimes in chicago.
01:19:55Straw purchasers buy the gun there and they end up in the hands of criminals in the city of chicago.
01:20:27Almost one out of 10 guns in chicago came to the city from mississippi.
01:20:34Mississippi.
01:20:36Why?
01:20:40The background checks there, the gun dealers there, or a lot easier than in other places.
01:20:45They ended up selling these guns and corrupting interstate fields on the way.
01:20:53Here's the basics.
01:20:55I think we all agree and I hope we all agree that the supreme court decision said that we can have reasonable limitation on the second amendment right and terms of the type of weapon and the people who own them and the background checks on those people.
01:21:11It is something that we desperately need to do.
01:21:14We know that 40% of the sales are not going through the background checks.
01:21:19That is a huge problem.
01:21:23It has created an abundance of weapons that are available.
01:21:28In the straw purchases, i salute the chairman for addressing this issue.
01:21:31It is one of the worst situations in our estate and in the city of chicago.
01:21:38I can point to one gun store in illinois that accounts for more than 20% of the crime guns in chicago.
01:21:47Straw purchasers buy the gun there and they end up in the hands of criminals in the city of chicago.
01:21:52We have to put an end to this.
01:21:55I'm going to ask a question to the panelists.
01:21:58 lapierre, I ran into some of your members in illinois and they tell me, you do not get the second amendment.
01:22:05It is not just about hunting.
01:22:06It is not just about sports.
01:22:08It is not just about shooting targets.
01:22:10It is not just about defending ourselves from criminals, as ms.
01:22:13Trotter testified.
01:22:15We need the ability to protect ourselves from our governments.
01:22:20From our government, from the police, if they knock on our doors and we need to fight back.
01:22:27Do you agree with that point of view?
01:22:30>> If you look at what our founding fathers put down there, they had lived under the tyranny of king george and wanted to make sure these free people in this new country would never be subjugated again and live under tyranny.
01:22:44I also think that what people all over the country fear today is being abandoned by their government, if a tornado hits, if a hurricane hits, if a riot occurs.
01:22:54Then they will be out there alone.
01:22:56The only way they will protect themselves in the cold and dark, when they are vulnerable, is with a fire arm.
01:23:04That indicates how relevant and essential the second amendment is in today's society to fundamental human survival.
01:23:11>> Chief johnson, you have heard it.
01:23:14Some believe that citizens have to have the firepower to fight back against you.
01:23:19Against the government.
01:23:22How do you conduct your business in enforcing the law, not knowing what is behind that door?
01:23:29>> I find it to be very scary, creepy, simply just not based on logic.
01:23:37Certainly, law enforcement across the nation is well prepared to deal with any natural or man-made disaster that would occur.
01:23:46Frankly, -- I cannot relate to that kind of thinking.
01:23:50>> I cannot either.
01:23:52And I cannot think about the need of that man in colorado having 100 cartridges.
01:24:02Professor koppel, do you think that it is necessary for hunting, sports, target practice, even self defense?
01:24:15>> It would be not legal for hunting in most states where there are limits on how many rounds you can have in a magazine.
01:24:26As I think you have recognized, the second amendment is not primarily about hunting.
01:24:30What I have been talking about is what the supreme court said in the district of columbia versus heller, which is the second amendment, the firearms and their accessories which are commonly owned by law-abiding people for legitimate purposes.
01:24:49I am talking about what police officers carry, what citizens carry, semi-automatic handguns.
01:24:54>> But those are police officers.
01:24:57>> They are not military, they're not coming to attack people, they are protecting people.
01:25:05Citizens protect themselves the same way the police officers do.
01:25:10>> If you can rationalize a 100- round drum that someone can strap onto a semi-automatic weapon, as did in aurora, colorado, killing dozens of people there, saving lives only because it jammed, then you ought to object to the laws that have been on the books for years about machine guns.
01:25:34Why are they not allowed under the second amendment?
01:25:36>> According to heller, they are not commonly used by law-abiding citizens for legitimate purposes.
01:25:41>> And 100 magazines are?
01:25:45>> You are the one who wants to talk about 100 magazines.
01:25:54Thank goodness he had a piece of junk like that instead of something better where he could kill more people.
01:25:58>> That is what is all about?
01:26:00>> It is about saving lives with ordinary magazines.
01:26:03100 Magazines are not used by police officers or hunters.
01:26:06What you are talking about banning is normal magazines.
01:26:16>> The shooter in tucson showed up with two 33-round magazines, one of which was in his 9 millimeter.
01:26:27He unloaded the contents of that magazine in 15 seconds.
01:26:28Very quickly.
01:26:31The first bullet went into gabby's head.
01:26:33Bullet #13 went into a nine-year old girl named christina taylor green.
01:26:39She deserved a full life committed to enhancing those ideas.
01:26:48If he had a 10-round magazine -- let me back up.
01:26:52When he tried to reload one 33- round magazine with another, he dropped it.
01:26:58A woman named patricia grabbed it, and it gave bystanders time to tackle him.
01:27:04I contend, if that same thing happened when he was trying to reload one 10-round magazine with another, meaning he did not have access to a high- capacity magazine, and the same thing happened, christina taylor green would be alive today.
01:27:24I am certainly willing to give up my right on a high-capacity magazine to bring that young woman back, that young girl.
01:27:29Let me continue with what happened that day.
01:27:37In that 15 seconds -- actually, in the first shot, one man ran out of walgreen's, a man with a gun, with the intent to do the right thing, an armed citizen.
01:27:47He admits he came within about a half second of shooting the man who tackled jared loughner, nearly killing him.
01:28:03We almost had this horrific mass murder followed up by an horrific accident.
01:28:06The horrific mass murder because of the high-capacity magazine and the horrific accident because of the armed person there who, with good intentions, wanted to end the something that was going really bad.
01:28:24>> Senator graham.
01:28:28>> Thank you, mr. chairman.
01:28:32I think I am speaking for a lot of people when we say we are heartbroken when a family member is taken through an act of gun violence, whether it be a child or anyone else, but particularly children.
01:28:44That is a heartbreaking episode in society.
01:28:52I think most people would appreciate the fact that there are thousands, if not millions of americans, that save their families from home invasions or violent assault because they had a gun to protect themselves.
01:29:03Most of us are glad it ended well for you.
01:29:12Those are the two bookends.
01:29:15You mentioned, captain kelly, and I appreciate you being here, appreciate your comments about you and your wife being reasonable people.
01:29:26I do not doubt that one bit.
01:29:27The question is, am I an unreasonable american if i oppose this bill?
01:29:29Am I an unreasonable american to believe the constitution says guns commonly used by the population for legitimate purposes?
01:29:37I do not want to own a gun to attack my government.
01:29:39That is not what I think a legitimate purpose is.
01:29:45Let's talk about a real world incident that happened in loganville, georgia in january 2012.
01:29:53One bullet in the hands of a mentally ill person or a convicted felon is one too many.
01:29:59Six bullets in the hands of a mother protecting her twin 9 year-olds may not be enough.
01:30:12So I have a chart here.
01:30:14At the top is the 38 revolver.
01:30:17On the right is a 9 millimeter pistol.
01:30:25That holds 15 rounds.
01:30:26Does everyone on the panel agree that a convicted felon should not have either one of those guns?
01:30:40Does everybody agree that a mentally unstable person should not have either one of those pistols?
01:30:44Ok, common ground there.
01:30:45Put yourself in the shoes of the mother.
01:30:46A guy broke into the home, she ran upstairs, hid in the closet, she got on the phone with police, and she was talking with her husband in real time.
01:30:52The intruder broke into the home, had a crowbar, and found them in a closet.
01:31:01They were confronted face-to- face.
01:31:06According to reports, her husband said shoot.
01:31:13She emptied the gun, six shot revolver.
01:31:25The guy was hit five of the six times.
01:31:28He was able to still get up and drive away.
01:31:29My question is, put your family members in that situation.
01:31:31Would I be a reasonable american to what my family to have the 15-round magazine and a semi- automatic weapon to make sure, if there are two intruders, she does not run out of bullets?
01:31:45And I am on reasonable person for saying in that situation the 15-round magazine makes sense?
01:31:59Well, I will say that I do not believe I am.
01:32:02I will give you an example of where a 15-round magazine could make the difference between protecting a family if there is more than one attacker.
01:32:06 kelly, and the situation you described, I do not want that person to have one goal of oregon.
01:32:13The point of regulating magazines is to interrupt the shooter.
01:32:29I guess what I am saying is we live in a role where there are 4 million high-capacity magazines out there or more.
01:32:39The best way to interrupt the shooter, if they come to a school house, is not to deny the moment an atlanta and the ability to have more than 10 rounds, but to have somebody like you, chief johnson, meet them when they come to the door.
01:32:45That is the best way to do it.
01:32:48My good friend joe biden, who i have spirited conversations about a lot of things, was talking to somebody in california who mentioned the fact, what if there is an earthquake out here and there is a lawless situation?
01:32:59In 1992, you had the riots in los angeles.
01:33:03You could find yourself in a lawless environment in this country.
01:33:17The story was about a place called koreatown.
01:33:27There are marauding gangs going through the area burning stores, looting and robbing.
01:33:29The vice-president said in response to , he said, no, you would be better off with a 12 gauge shotgun.
01:33:37That is his opinion, and i respect it.
01:33:46I have an ar-15 at home and i have not hurt anybody and I do not intend to, but I would be better off protecting my family if there was law-and-order breakdown in my neighborhood.
01:33:56I do not think that makes me an unreasonable person.
01:33:59 trotter when you say you speak on behalf of millions of women out there who believe an ar-15 makes them safer, there were a lot of giggles in the room, and that explains the dilemma.
01:34:11The people who were giggling were saying to you, that is crazy.
01:34:17Nobody I know thinks that way.
01:34:18Which reminds me of the harvard professor who said I cannot believe mcgovern lost.
01:34:22Everyone I knew voted for him.
01:34:24I bet there are people on our side that cannot believe obama won because everyone they know voted against him.
01:34:31The point is, we have different perspectives on this.
01:34:34The reason I will oppose the legislation, chief johnston, is because I respect what you do as a law-enforcement officer.
01:34:45Has your budget been cut?
01:34:47>> Yes.
01:34:49>> Will it be cut in the future?
01:34:51>> I am optimistic that it is not.
01:34:55>> Because of the fiscal state of affairs we have, there will be less police officers, not more, over the next decade.
01:35:03Response time will be more, not less.
01:35:09 kelly, I really do want to get guns out of the hands of the wrong people.
01:35:12I honest to god believe that if we arbitrarily say nobody in this country can own a 10-round magazine in the future, there could be a situation where a mother runs out of bullets because of something we do here.
01:35:25I cannot prevent every bad outcome, but I do know and believe in the bottom of my heart that I am not an unreasonable person by saying that in some circumstances the 15-round makes sense and in other situations the ar-15 makes sense.
01:36:09Do you agree with that?
01:36:32>> I think if we follow senator schumer's approach and follow the supreme court decision, what that tells you is the core of the second amendment is the firearms and accessories that are commonly owned by law- abiding people for legitimate purposes.
01:36:49>> Is it constitutional to say 10 vs 15?
01:36:50>> 10 Is plainly unconstitutional.
01:36:55Magazines of up to 19 are common on semiautomatic handguns.
01:37:02>> I do not know if 10 vs 19 is common or uncommon.
01:37:08I do know that 10 versus 19 in the hands of the wrong person is a complete disaster.
01:37:15I do know that six bullets in that hands of a woman trying to defend her children may not be enough.
01:37:23So I do not look at it from some academic debate.
01:37:28Let's agree on one thing.
01:37:29One bullet in the hands of the wrong person we should all try to prevent.
01:37:31But when you start trying to tell me that I am unreasonable for wanting that woman to have more than six bullets or to have an ar-15 for people running around my neighborhood, I reject the concept.
01:37:53>> Thank you, senator.
01:37:54Senator whitehouse.
01:37:55>> Thank you, mr. chairman.
01:38:03I have heard testimony in this hearing that the federal gun crime prosecutions number, 62 a year, and that "we do not " I was surprised to hear that testimony because I was a united states attorney.
01:38:23In my time, it became a priority to prosecute fire arms.
01:38:25I went to every police department in my state to talk about what we could do with gun criminals.
01:38:32We set up a special procedure where the attorney general's office, which has criminal jurisdiction in rhode island, view the gun crimes together to make sure they were sent to the place where they could get the most effective treatment.
01:38:49I believe that continues, although I am no longer a u.s.
01:38:53Attorney.
01:38:53I pulled up some quick statistics.
01:38:55According to the executive office of united states attorneys, in 2012, more than 11,700 defendants were charged with federal gun crimes, which is a lot more than not doing it, a lot more than 62.
01:39:23The numbers are up at the department of justice since 2001, by more than 3000 prosecutions.
01:39:26We may have a debate about whether more should be done and who at the witness table actually wants more to be done in the way of gun prosecutions, but to pretend the number is in double digits or zero is flagrantly wrong and inconsistent with the type of testimony that senators should rely on in a situation like this.
01:39:59I should also mention, repeated testimony from senator durbin that criminals will not subject themselves to a background check.
01:40:03That is that the point.
01:40:08Criminals do not subject themselves to a background check, so they do not go into the gun shops.
01:40:12If they do, they are prevented from buying a gun.
01:40:14Instead, they go primarily to the main way we distribute guns without a background check, which is to the gun shows.
01:40:31To the extent we can expand the background check, the fact that criminals will not subject themselves to a background check provides the kind of prevention that senator graham was talking about, to keep guns out of the hands of criminals in the very first case.
01:40:47Chief johnson, tell me a little bit about the men and women with whom you serve in law enforcement and the type of training and screening that is important in both gun use, gun safety, and situational awareness, before they are put in a position where there are expected to defend the public with firearms.
01:41:20Do you just give somebody a gun and say, get in there and defend the community?
01:41:42How rigorous, how cautious are you about training required?
01:41:44>> The process starts well before we even offer you a badge.
01:41:51It is a very robust, in depth, psychological review of whether or not we will allow you to enter the force itself.
01:41:59All departments are universal on this issue.
01:42:05It includes psychological, polygraph, and other means to determine whether or not you have the fiber to have the awesome responsibility to carry a gun.
01:42:15The training is exhaustive.
01:42:15Weeks and weeks of training for how to use the weapon, tactically how to deal with it, how to care for it, how to safeguard that weapon.
01:42:32But it does not stop there.
01:42:33Once you're in the field, robust psychological services section, yearly training.
01:42:36This talk about teachers having guns -- >> before we go to teachers, to your knowledge, does the military have similar types of concerns and programs with respect to our men and women who serve in our armed forces?
01:42:50>> Talking with my associates in the military, it is my understanding that public policing mirrors much of what the military does.
01:43:00>> Against that background, how much sense does it make to have our armed line of defense be teachers?
01:43:08>> Does the teacher have the nerve fiber to carry that weapon, and the responsibility?
01:43:17You are an educator.
01:43:18You dedicated your life to that pursuit, but you have a side arm strapped to yourself?
01:43:20And you better have it at all times because if you put it in your desk drawer, your purse, briefcase -- let me tell you something, carrying this weapon by my side has been a pain all my years.
01:43:34I am glad I have it if I need it, but it is an awesome responsibility.
01:43:38What do you do in the summertime when you dress down?
01:43:40How will you safeguard the weapon from a classroom of 16- year-old boys who want to touch it?
01:43:47Certainly -- holsters.
01:43:51I am spending $200 apiece for these.
01:43:52These are all factors.
01:44:01We all face catastrophic changes in our lives as we go through divorce, other things that bring us down.
01:44:08But you need people to step in, like we have been policing, to notice those things and deal with them.
01:44:11This is a major issue.
01:44:18>> We have had cases in which trained police officers who were off-duty responded to a situation.
01:44:28Because they had not been adequately trained in how to respond off-duty, because there were out of uniform, that lead to tragic blue on blue events.
01:44:33Presumably, that would have a bearing on officers, a situation where teachers were trying to defend their school.
01:44:46>> Two years ago in baltimore city, an on-duty officer in plainclothes was shot by uniformed on duty personnel, and they were on the same shift.
01:44:52It was just in the darkness of the night.
01:45:04As captain kelly has pointed out, that was a major issue in the tucson shooting.
01:45:15>> Sarah mckinley, in defending her home, used a remington 12 gauge shotgun that would not be banned under the statute, correct?
01:45:26>> I do not remember what type of weapon she used.
01:45:28>> That is what kind of weapon it was and it would not be banned under the statute.
01:45:35It proves the point that ordinary firearms, not 100 magazines, peculiar types of artifacts -- people are quite capable of defending themselves.
01:45:43>> I respectfully disagree.
01:45:44I understand you are also a graduate from the university of virginia school of law and you were close to monticello where thomas jefferson and our declaration of independence and close by montpelier where james madison was instrumental in drafting the bill of rights.
01:46:03I think you can understand that, as a woman, it is very important not to place undue burdens on our second amendment right to choose to defend ourselves.
01:46:16I do not know what weapon she used -- >> my point is, the example you used is one that would not dare an argument against the proposal that is before us, because that remington express is a weapon that would be perfectly allowed.
01:46:35>> Would it have been unreasonable for her to use a different gun to protect her child?
01:46:38>> I think if she was using a 100 -- let me put it another way.
01:46:46She would clearly have an adequate ability to protect her family without the need for a 100-round piece.
01:46:49>> How can you say that?
01:46:50You are a large man.
01:46:53You are -- tall.
01:46:54You are not a young mother who has a young child with her.
01:47:03I am passionate about this position because you cannot understand, you are not a woman stuck in her house, having to defend her children, not able to leave her child, not able to seek safety, on the phone with 911, and she cannot get the police there fast enough to protect her chd, and she is not used to being in a fire fight.
01:47:22>> My point is that she did it adequately and safely with lawful firearms and without the firepower that was brought to bear so that the 14th shot could be fired by a man -- >> we will have to come back to this.
01:47:58There are a number of things that I could say but I will go to senator lee.
01:48:07>> I want to thank each of the members of the panel for enduring two hours of this hearing.
01:48:12As a more junior member of the committee who sometimes gets to ask questions last, I am appreciative of your willingness to stay this long.
01:48:24I think every one of us in this room and watching on television has been horrified by the incidents that occurred in newtown, tucson, and elsewhere.
01:48:32I do not think there is one of us that would not like us to find a way, as a society, to put an end to events like this.
01:48:41It would be my preference if we could find a way to put an end to events like this without doing violence to the constitution and also without leaving law-abiding citizens more vulnerable to crime.
01:48:55There are a number of statistics on this.
01:48:56One statistic I read indicated 5 million times a year in america a gun is used to protect its possessor from a crime.
01:49:04That is quite significant, a fact we need to take into account.
01:49:11There has been a lot of reference today to the fact that the protections of the constitution, protection of the second amendment right to bear arms, are not unlimited.
01:49:24I agree there are limits.
01:49:26It is important for us to focus on what those limits are.
01:49:32The supreme court, in district of columbia versus heller, held that the guns that are within the zone of protection of the second amendment are those that are typically possessed by law- abiding citizens for lawful purposes.
01:49:47Let's start with you, professor kopel.
01:49:49Can you tell me, is a semi- automatic weapon, whether a rifle or handgun, that holds more than 10 rounds in its ammunition magazine, one that could be fairly characterized as one typically possessed by law- abiding citizen for lawful purposes?
01:49:59>> In handguns, some automatics, 81% of handguns sold.
01:50:14A very large percentage of those have as standard -- not high capacity -- magazines between 11 magazine 19 rounds.
01:50:28Another thing that is common, to get back to the issue about the remington shotgun, senator feinstein's bill would outlaw that shotgun if it has a seven- round magazine on it.
01:50:39It comes with a five-round magazine.
01:50:42You can extend it.
01:50:43The bill would outlaw that standard home defense shotgun, if it had a seven-round magazine.
01:50:59It is all fine to talk about novelty items on the fringe, like 100-round drums, but at practice, what does the threat of being a law, when people are using standard capacity handgun magazines and standard capacities for rifles and shotguns.
01:51:06>> What are the law-abiding citizens doing with these?
01:51:11What are the lawful purposes to which law-abiding citizens are using these guns?
01:51:14>> Self-defense, target shooting, all of which are purposes lawful for having a firearm.
01:51:25And in regards to the extra training the police officers have.
01:51:35I represented the two police training organizations in the supreme court and I would certainly agree that the police have more training for all kinds of reasons, including having the power to effectuate arrests, which ordinary citizens do not.
01:51:45In the view of the training organizations, they believe the training that is required in most states to obtain a permit to carry a handgun for lawful protection of self.
01:52:05Only nine states currently violate that by not letting trained citizens carry.
01:52:16That is appropriate for you, to defend themselves.
01:52:17Not necessarily do arrests, but defend themselves.
01:52:19That includes defending themselves in their place of employment, even if it happens to be a school.
01:52:25>> One of the arguments I have heard for making this type of weapon illegal, using a weapon with more than 10 rounds, weapons like these are available on a widespread basis.
01:52:29It is relatively easy to buy them, in the sense that most people may lawfully buy them and own them.
01:52:51And that is used as an argument in favor of restricting access to these weapons.
01:52:54In your opinion, does that make it more or less constitutionally permissible to restrict their sales?
01:53:10>> You have hit on what district of columbia versus heller was all about.
01:53:17How often are 100-round draw magazines used in crimes?
01:53:18Pretty rarely.
01:53:19Self-defense?
01:53:19Pretty rarely, too.
01:53:2270% Of gun homicides are from handguns.
01:53:26The supreme court said that the fact these are frequently used in crimes does not mean that under the constitution you can prohibit them.
01:53:36The fact and you can point to any particular crime where a gun was misused, that approval to ban this gun or the accessories, that is the opposite of what the supreme court is saying.
01:53:45You do not look only at the misuse of an arm or accessory, you look at its lawful use.
01:53:48Does it have common, lawful use.
01:53:49Yes, handguns have common, lawful use.
01:53:54Handgun magazines have common, lawful use.
01:54:04Yes, the ar-15 rifle, the best selling rifle in this country for years, has pervasive lawful use.
01:54:14>> If we restrict access to these guns, we are limiting the ability of individual americans, law-abiding americans, to use them for lawful purposes?
01:54:23>> Criminals may misuse something, but that does not constitute sufficient reason to prevent law-abiding citizens from using a commonly used firearm.
01:54:39 trotter, do most of the gun-owning women that you know have an inclination to abide by the law in connection with a gun ownership?
01:54:49>> Definitely.
01:54:49>> If we were to ban all weapons that contained an ammunition magazine capable of accommodating more than 10 rounds, would most female gun owners abide by that law?
01:55:00>> Of course.
01:55:03>> What about criminals, those who use weapons like these in connection with crimes?
01:55:10Are they as likely to abide by that law?
01:55:15>> By definition, criminals do not abide by the law.
01:55:17>> Women you know, that you represent, described, what kind of position does this put them in relative to their current position, as their ability to defend themselves?
01:55:29>> It disarms the women, puts them at a severe disadvantage and not only affects them, but anybody they are responsible for, their children, elderly relatives, incapacitated family members.
01:55:42>> I see my time has expired.
01:55:43I have one question for mr.
01:55:44Johnson.
01:55:49 johnson, according to fbi statistics, about 72% of the gun homicides committed each year in america are committed with handguns.
01:55:594% With rifles, 4% with shotguns, 1% with other firearms, and 18% unknown.
01:56:0372% Classified as handguns.
01:56:04If 72% of gun homicides are being committed with handguns, would that suggest that you prefer banning handguns as well?
01:56:11>> There are no discussions of banning handguns or restricting handguns from women or any other group.
01:56:25I do not want to give up my hand guns.
01:56:32We are here today to talk about a universal background check that would help make our nation safer and limit high-capacity magazines.
01:56:44They are used in crimes and violence across america.
01:56:55>> Even though far more peopl die each year from handgun- inflicted injury than assault weapon-inflicted injuries.
01:57:01>> We believe the limit on high- capacity magazines, even in handguns, is necessary.
01:57:03No more than 10.
01:57:06>> Thank you.
01:57:18First I want to acknowledge of the family members out here who have lost loved ones in shootings.
01:57:20I especially want to acknowledge you, maya, who lost her father.
01:57:34I was also listening to all of the statistics here which was important.
01:57:38I am a former prosecutor, i believe in evidence.
01:57:48The statistic I will never forget is the one from newtown, shared with me by a relative of one of the young victims.
01:57:56Charlotte bacon loved her girls got troop.
01:57:58Her girl scout troop once had 10 girls and now there are only five left.
01:58:04We have to remember what this is all about as we look at solutions.
01:58:28As a former prosecutor, I have always believed in enforcing the laws on the books.
01:58:31 lapierre, I made it a major focus of our office to prosecute the possession of guns.
01:58:33It is clearly part of the solution.
01:58:34You can not lessen the importance of that as we go forward.
01:58:36There are other things as well, including the recodations that have been made by vice president biden and the task force.
01:58:40It is very important that we explore those in addition to enforcing the laws on the books.
01:58:54I have heard from republican sheriffs from all over the state that there are major issues with background checks.
01:58:58I would turn to that first, chief johnson.
01:58:59We had a guy in minnesota that just came out in the papers.
01:59:01He killed his parents, he got out, somehow got a permit, was able to obtain guns.
01:59:06When they found him, he had 13 guns in his house, and he had a note that he had written to the gunman in newtown and said, i think about killing all the time.
01:59:20He was able to get a permit and get those guns.
01:59:24This just came out in our local paper.
01:59:27What do you see as some of the biggest loopholes?
01:59:30We talk about gun shows, internet, private sales, and how you think that could help?
01:59:34And then how do you think you can get background checks done quickly?
01:59:41I am from a hunting estate.
01:59:44The last thing I want to do is hurt my uncle and his hunting.
01:59:50>> There has been great improvement in the nation.
01:59:52It is good but it is not good enough.
02:00:03We are failing miserably, nationally, entering that data.
02:00:04Statistics I have read indicate nearly 18 states across the nation submit less than 100 records to the nics system on a regular basis.
02:00:18We have to improve, maryland has to improve.
02:00:19We are not doing enough in maryland.
02:00:23>> Is it true that 40% of gun sales take place at gun shows?
02:00:25>> That is correct.
02:00:30And other non-licensed dealer sale arrangements.
02:00:376 Million guns through that process a year.
02:00:39>> Are more people now using the internet to buy guns?
02:00:42>> I was with my squad before coming here today.
02:00:54They regularly use the internet, penny savers, classified ads.
02:00:56They will go outside the state in many cases.
02:01:00There are a variety of methods.
02:01:01Including straw purchasers.
02:01:05>> You talked about how quickly the background checks can be done, compared to issuing a ticket.
02:01:12>> The analysis we have conducted, information I have, i believe it is 92% of nics background checks comeback within a minute and half at a licensed dealer.
02:01:23Certainly, that is much quicker than I can write a citation.
02:01:30That should be universal.
02:01:31That is what we're calling for.
02:01:32That will make our nation safer.
02:01:45 lapierre, would you like to respond on the timing of the checks?
02:01:47 1, the chief is talking about using the internet to do that is a federal crime and should be prosecuted.
02:01:50The only way you can do a sale is having to go through a dealer and then would have to be cleared through a check.
02:02:03The senator from rhode island talked about the prosecution data.
02:02:09I get that from the syracuse university data, which is who tracks the prosecution of the federal gun laws where that is the initial charge.
02:02:15My project is what they started to do in richmond.
02:02:17They caught a drug dealer with a gun.
02:02:19They put signs of all over the city, if you have an illegal gun, you will be prosecuted.
02:02:25Drug dealers, gangs, felons stopped carrying guns.
02:02:30So this 62 number was for chicago alone.
02:02:43>> I know you want to discuss the statistics with senator whitehouse but I have my own questions.
02:02:58>> Gun shows right now, according to all the surveys, are not a source of crime guns.
02:03:011.7%.
02:03:07Criminals are getting guns on the black market, stealing them, they are not getting them through gun shows.
02:03:11If you are talking about expanding a system that is already overloaded, where they are not doing basically any prosecutions -- it is like bonnie and clyde.
02:03:17They catch one but cannot do anything so they let them go.
02:03:18If you are thinking about expanding that thinking to every hunter, every relative all over the united states, when the system cannot handle what it has, you are creating enormous federal bureaucracy.
02:03:31It will only hit the law- abiding people, not criminals.
02:03:44Honest people will be entrapped into committing crimes they had no intention of committing.
02:03:46It is an unworkable universal federal nightmare bureaucracy being imposed by the federal government.
02:03:51I do not think these law-abiding people -- >> it is my understanding that when people buy guns they undergo a background check.
02:04:09We are simply trying to close some of these loopholes.
02:04:11Chief, would you like to respond?
02:04:19>> Certainly, when a weapon is licensed to a dealer, they undergo a check.
02:04:26But 40% of these guns are being sold out of that process.
02:04:28This is not unreasonable.
02:04:34If I buy a gun next year, through a private seller, i will go to a licensed dealer to do it.
02:04:46 kelly, you said it best when you talked about your belief in the second amendment.
02:04:48With those rights comes responsibility.
02:04:49You talked about responsibility to make sure that these guns to not get into the hands of criminals, terrorists, those with mental illness.
02:04:54Do you see the background check as a way to get at this problem?
02:05:00>> Gabby and I are both responsible gun owners.
02:05:03I bought a hunting rifle from wal-mart a couple of months ago.
02:05:06I went through a background check, did not take long.
02:05:08They were able to clearly determine that I was a responsible person.
02:05:16In tucson and in many of these cases, there are people that would have failed a background check if the right data was in the system, like in the case of jared loughner.
02:05:30In that case, he would have had the option to go to a gun show or private seller.
02:05:39I imagine he would have gotten a weapon.
02:05:40He was a pretty marginalized person, and mentally ill.
02:05:42He did not have much of a community around him.
02:05:45I imagine, in that case, if he would have not been able to pass a background check, if there was a universal background check, I do not see him going on the black market to get a gun.
02:05:58Maybe if he did, maybe it would have taken him a long time to do that, to find the right place to go.
02:06:09Maybe in the period of time -- just maybe -- his parents would have got him on treatment, medication.
02:06:12If they did, from what his attorneys and prosecutors have told me, he would have never done what he did on that day.
02:06:18So you might not be able to prevent every single criminal from getting a weapon, but a universal background check is a common-sense thing to do.
02:06:25If we do them for federal, licensed dealers, why can't we do it at the gun shows and for private sale?
02:06:41>> Thank you.
02:06:41As I was listening, I was thinking about all those people in the room who have those maybes.
02:06:46We have to do better with background checks, the number of proposals out there provided by the vice-president commission.
02:06:59We can do better.
02:07:04>> Thank you.
02:07:05I welcome one of the three new members of the committee, senator cruz of texas.
02:07:17You have the floor.
02:07:17I apologize.
02:07:18The allergies have caused my voice to be so bad.
02:07:27>> It is a pleasure to serve with you and members of this committee.
02:07:30I want to begin by thanking the members of the panel who have come here today.
02:07:33Thank you for the time.
02:07:34 kelly, thank you for your service to this country and for your wife's extraordinary journey.
02:07:44Congresswomagiffords has been lifted in prayer by millions of americans.
02:07:57Please know that your family will continue to be in our prayers for years to come.
02:08:00My wife and I have two little girls.
02:08:01They are four and two.
02:08:03No parent -- in particular, no parent of young children -- could watch what happened in newtown without being utterly horrified -- utterly horrified at the depravity of a deranged criminal who would senselessly murder 20 young children at an elementary school.
02:08:26Unfortunately, in washington, emotion often leads to bad policies.
02:08:37When a tragedy occurs, often, this body rushes to act.
02:08:44At times, it seems the consideration of this body operates in a fact-free zone.
02:08:49I will suggest a philosophy that I think should guide this body in assessing gun violence, and then I would like to highlight and ask you questions on a few points that are salient to addressing this issue.
02:09:43The philosophy I would suggest makes sense is that we should be vigorous and unrelenting in working to prevent, deter, and punish violent criminals.
02:09:48I have spent a substantial portion of my professional life in law-enforcement.
02:09:53The tragedyies inflicted on innocent americans every day by criminals are heartbreaking and we need to do more to prevent them.
02:09:58At the same time, I think we should remain vigilant in protecting the constitutional rights of law-abiding citizens.
02:10:01Far too often, the approaches that have been suggested by this congress to the issue of gun violence restricts the liberties of law-abiding citizens, rather than targeting a violent criminals we should be targeting.
02:10:07I would point out, I hope some of the passion we have seen from members of this committee, with respect to the need to prevent violent crimes, will be reflected equally should we find ourselves in a judicial confirmation hearing with a judicial nominee who has a record of abusing the exclusionary rule to exclude evidence that results in a violent criminal walking free and being able to commit yet another crime.
02:10:25I hope we see exactly the same passion devoted to assessing whether judicial nominees will enforce our criminal laws and not frustrate the administration of justice.
02:10:35Three points I think are particularly salient.
02:10:43The first is, in my judgment, the proposed assault weapons ban is a singularly ineffective piece of legislation.
02:11:00I was having a conversation recently with a loved one in my family who asked a very reasonable question.
02:11:13She said, why do regular people in the machine guns?
02:11:14One of the things that happened in this debate -- the phrase assault weapons ban gets people concerned.
02:11:17Much like the phrase military- style weapons.
02:11:19We are talking about citizens walking around with m-16's and fully automatic machine guns.
02:11:24Fully automatic machine guns are already functionally illegal.
02:11:35Ordinary citizens cannot own them, absent very heavy regulation.
02:11:44This entire discussion does not concern machine guns, and yet, I would venture to say a large percentage of americans do not understand that.
02:11:58I want to begin by talking about the assault weapons ban as it was enforced before.
02:12:00I would ask for slide #1.
02:12:01The assault weapons ban that used to be in effect, according to the department of justice, "fails to reduce average number of victims per gun murder incident or multiple gunshot " that is the assessment of the united states department of justice.
02:12:15That is 1994.
02:12:16That was beginning in the department of justice under president clinton who said the assault weapons ban was singularly ineffective.
02:12:19Second slide.
02:12:32The department of justice, likewise, concluded the assault weapons ban "under it, there has been no discernible reduction in the lethality and injuriousness " so the reaction of this tragedy in newtown is, for a lot of the elected officials, to rush to reenact a law that according to the department of justice did absolutely nothing to reduce gun violence.
02:13:03Now, why is that?
02:13:04That is not accidental.
02:13:05The assault weapons ban, if it does not ban machine guns, what does it ban?
02:13:12What it does ban, I would suggest, are scary-looking guns.
02:13:23This is a photograph of a remington 750, one of the most popular hunting rifles in america.
02:13:33This rifle would be entirely legal under this so-called assault weapons ban.
02:13:38I have a question for you, mr.
02:13:39Lapierre.
02:13:40Functionally, in terms of the operations of this fire arm, semi-automatic, you pull the trigger, one bullet comes out.
02:13:51Is the firing mechanism in this fire arm materially different from the so-called assault weapons ban this bill is targeted at?
02:13:59>> No, it is not.
02:14:00>> Instead what it does target are cosmetic features.
02:14:08For example, I am holding in my hand a pistol grip.
02:14:14Under this proposed legislation, if this piece of plastic were attached to this rifle, it would suddenly become a banned assault weapon.
02:14:26 lapierre, are you aware of any evidence to suggest that attaching a piece of plastic to this rifle would make it in any way slightly more dangerous?
02:14:38>> The problem with the whole bill that senator feinstein introduced, it is based on falsehoods to people that do not understand firearms.
02:14:47To convince them that the performance characteristics of guns they are trying to ban through that bill are different than the performance characteristics that they are not trying to ban.
02:15:02They make bigger holes, rapid- fire, they spray bullets, they are more powerful, they are heavy armor.
02:15:05All of that is simply not true.
02:15:11The ar-15 uses a 223.
02:15:20I hear all the time people say, no deer hunter would use something that powerful.
02:15:22There are dozens of other calibers that are used in hunting that are more powerful.
02:15:33>> So this rifle, which is entirely legal and is used by millions of americans, is sold in the identical caliber as the so-called assault weapons ban, although those looks different, because they have a piece of plastic attached to them?
02:15:48>> The one that senator feinstein uses in her bill, it has the handle on the bottom, which was prohibited, also uses the exact same.
02:15:59>> I am out of time and I want to make one final point.
02:16:02There has been much attention drawn to gun shows.
02:16:07The statistic of 40% has been bandied about.
02:16:12That is unfortunately based on a study that occurred before the background check went into effect, so it is highly dubious.
02:16:18I do want to point out what the department of justice has said.
02:16:21The department of justice has said that firearms used in 9% of those firearms come from gun shows.
02:16:41In response to this crime, this body does not act to enact anti- crime legislation to prevent violent crimes.
02:16:449% of the guns, and a substantial portion of those guns were sold by licensed firearm dealers who already conducted a background check.
02:16:539%, a substantial portion, are already subject to a background check.
02:17:01I would ask, if we have a second round, to get into the effectiveness or lack thereof of this.
02:17:08>> I will leave the record open for questions here.
02:17:12Because of the schedule this afternoon, we may not have a second round, but I will leave the record open.
02:17:19I have questions, but we probably will not have time.
02:17:27>> Thank you, mr. chairman.
02:17:28Thank you to all the witnesses, especially you, captain kelly.
02:17:38Thanks to your beautiful wife, and I mean that in every way.
02:17:48My wife, frannie, and I were heartbroken for the families in newtown, tucson, for those of you listening or watching this hearing in newtown, I want you to know that minnesotans have you in our thoughts and prayers, and we share in your grief.
02:18:16We shared it when we lost lives at a sign factory.
02:18:21Maya is here.
02:18:24She lost her father.
02:18:26We share it every time we bury one of our sons or daughters.
02:18:42I know that a group of students from redlake reservation in minnesota, students who lost their classmates to gun violence, made the 1500-mile trip to newtown just a few days before christmas just to let them know that they are not alone.
02:19:08We are all in this together.
02:19:11Over the past month or so, i have been talking to my constituents I have talked to my constituents how to make our communities safer.
02:19:21I traveled safely with hunters and school officials, with law enforcement officers, with mental health experts.
02:19:31I have convened roundtable discussions and I have had many, many conversations.
02:19:37I have learned is that there is a balance to be struck here.
02:19:41We can honor the second man and we can honor the menace of a culture of responsible gun ownership while taking basic measures that will make our kids and our communities safer.
02:19:55So I have co-sponsored a bill to limit the number of rounds and magazine.
02:20:01I co-sponsored a bill to require background checks at gun shows.
02:20:05I have co-sponsored senator feinstein's bill to ban assault weapons.
02:20:13I am reviewing legislation to address gun trafficking.
02:20:16I have supported funding for law enforcement programs and i work every day to carry out the work paul wallstone does to repair our mental health system.
02:20:31Tomorrow I will introduce the mental health and school act which will improve access to mental health care for kids.
02:20:38Catching these issues at an early age is really important.
02:20:44I want to be careful here -- that we don't stigmatize mental illness.
02:20:50The vast majority of people with mental illness are no more violent than the rest of the population.
02:20:56In fact, they are more likely to be the victims of violence.
02:20:58These recent events have caused us as a nation to scrutinize our failed mental healt and system and I'm glad we're talking about this and a serious way.
02:21:15Police chief johnson, I met with some mothers from the mountain view school district in minnesota whose children's lives and their own lives were changed for the better because their kids got access to mental health care that they needed at an early age.
02:21:35They got treatment.
02:21:39Their lives are improving and their moms lives are improving.
02:21:42As a community leader and law enforcement official, do you think it will benefit our communities if we are able to use schools to improve access to mental health care?
02:21:59>> I applaud your initiatives and your work, senator.
02:22:03The answer is absolutely.
02:22:10The father with a child that has mental health issues I think is -- it is absolutely essential.
02:22:14If my aunt child has access to medical care she needs but the record shows and reflex that nearly half the children and adults in this nation who are diagnosed with mental health issues and not have access to the care they need and it gets even worse after the age of 18.
02:22:29We are seeing this in crimes of violence and in crimes across our nation and in my jurisdiction.
02:22:36It is a major problem and I do recognize that most people with mental health issues do not go on to commit violent crimes.
02:22:43However, we have seen over and over again, it seems to be a common thread or theme or issue that we must deal with.
02:22:56>> Again, police chief johnson, I have heard from some gun owners who are worried that congress will outlaw features that they really like in guns, things like pistol grips and barrel shroud is and threaded barrels.
02:23:10Some say that these features are merely cosmetic.
02:23:21It seems to me that a lot of these features are not just cosmetic, they are functional.
02:23:30Can you and explain why a pistol grip in the right place makes a functional difference, why it is not just a piece of plastic?
02:23:46Why are collapsible stocks preventing danger.
02:23:53Why are some of the other features dangerous because i feel this is a crucial point?
02:23:55>> I agree completely.
02:23:57It is not just about the capacity of the weapon to handle numerous rounds.
02:24:06That is absolutely critical in this discussion.
02:24:08We believe no more than 10.
02:24:09We use that weapon with the police because of its technical capability.
02:24:17It has an ability to cool down and handled round after round after round.
02:24:20It has a rugged ability, meant for a combat or environment that one would be placed in facing adversaries, human beings, people.
02:24:33That weapon can be retrofitted with other devices to enhance your offensive capability.
02:24:39The weapon itself has features to adjusted, optics sites, for example, that can cost hundreds of dollars and I have shot this weapon many times.
02:24:59It would enhance our capability in various tactical maneuvers whether it is from the shoulder or the hip or whether you choose to spray fire the weapon or individually shoot from the shoulder.
02:25:10The optic sites are amazing.
02:25:11The technology advances that weapon as -- that weapon is the weapon of our time.
02:25:22That is where we find ourselves today and certainly, I believe, is meant for the battlefield and a public safety environment only.
02:25:29>> Thank you.
02:25:31 chairman, before I yield my time, I would like to submit testimony of maya ronman who is here today lost her father in a shooting in september in minneapolis.
02:25:50I would like unanimous consent to submit your testimony for the record.
02:26:04>> As we indicated earlier, there will be other statements for the record and the record will be kept open for questions.
02:26:17I yield now to senator hatch.
02:26:25We will go to the next republican, senator hatch.
02:26:32>> I thank all of you for being here today.
02:26:35 kelly, I appreciate you and your wife and your testimony and your feelings very much.
02:26:40I appreciated much of your testimony.
02:26:45I am grateful you would take the time to be with us and that was wonderful to see your wife again.
02:26:51Let me go to you, mr. lapierre.
02:26:52President obama has issued 23 executive actions on gun violence.
02:26:59Can you discuss the commonality between your organization, the nra, and the obama administration when it comes to finding ways to reduce gun violence?
02:27:19>> What we think works, he is what nra has done historically.
02:27:28We do more of which we put more money in.
02:27:34Reese support of enforcing the laws on the books 100% of the time.
02:27:39That works.
02:27:41We have supported prison bill and spirit we have states like california where, more than any other state in the country, they send more inmates back in the street and more inmates back in jail for new crimes against their citizens than any other kind -- stayed in the nation.
02:28:04-- States in the nation.
02:28:09-- State in the nation.
02:28:11Nra has always supported what worked.
02:28:18-- Works.
02:28:22The innocent are being preyed upon.
02:28:24The statistics are numbing.
02:28:26The 911 calls are horrible.
02:28:27At the scene of the crime, it is the criminal and the victim.
02:28:33Victims all over the country want to be able to protect themselves.
02:28:38This whole debate almost puts it in two different categories.
02:28:42If you are in the lead, you get bodyguards.
02:28:46You get high cap mags with semi- automatic protecting this capital.
02:28:52The titans of industry get the body guards, whatever they want.
02:28:56Criminals do not obey the law anyway.
02:28:58They get what they want.
02:29:00In the middle is the hard- working, law-abiding, taxpaying americans that we will make the least capable of defending themselves.
02:29:08We will say you can have a rifle but you cannot have an ar- 15.
02:29:15A sixth shot revolver and not a semiautomatic handgun.
02:29:21You can have a 6-rounds in your magazine, but if three intruders are breaking down your door, you cannot have 15 rounds because somebody thinks that is reasonable in their opinion.
02:29:37>> I understand.
02:29:39>> People want to be able to protect themselves.
02:29:41That is why people support the second amendment.
02:29:44That is why these bills are so troubling.
02:29:47They do not hit the leads.
02:29:48They do not have the criminal.
02:29:50They get the average hard- working, tax pain average ying american.
02:30:02>> Talking about individual guns.
02:30:08>> One bill bans all kinds of guns used for target shooting, hunting, personal protection, and yet, on the other hand, she accepts guns and hashe exact same performance characteristics as the guns she does not have.
02:30:23Gun owners know the truth.
02:30:24That is why gun owners in this country, the 100 million, get upset about this stuff.
02:30:31They are the victims of these lies about taking the term assault and applying it to firearms.
02:30:40They know the truth inherently.
02:30:42A look at their heads and they shake their head and say, none of this makes any sense.
02:30:48>> I appreciate that.
02:30:49Let me ask you this.
02:30:51In your testimony, you state all women interested -- jurisdictions with concealed laws reap the benefits even if they choose not to have weapons themselves.
02:31:02Please explain why.
02:31:04>> He mentioned gun owners are very concerned about all of these burdens possibly put on law abiding citizens.
02:31:12I will tell you non-gun owners are concerned about this, too.
02:31:18You do not have to choose to carry to be the beneficiary of laws that allow people to carry.
02:31:25For women, you reap the benefits of fewer murders, rapes, possibilities of being a victim of violence, if the state you live in does not than anybody, particularly women, from carrying weapons.
02:31:43It is a matter of choice.
02:31:44We are not saying all women should or need to carry weapons.
02:31:48But we need to protect the second amendment right to choose to defend yourself.
02:31:56>> Thank you.
02:31:58Professor, you wrote an article that appears for "the wall street journal" on december 18, 2012.
02:32:06You point out firearms are the most heavily regulated, consumer product in the entire united states.
02:32:16Gun-control laws are more prevalent now than in the 1960's.
02:32:26In your opinion, the lack of firearms regulations is not a contributing factor to the recent rise.
02:32:39What has contributed?
02:32:55>> There is a copycat effect.
02:32:58A lot of studies of the scholars of all kinds of criminals, but especially the people seeking notoriety, show a -- an effect.
02:33:10That is something that makes me think we need immediate protection.
02:33:17In addition, there was a deep institutional causation of the mentally ill in the 1960's.
02:33:25Some of that was because of budgetary issues.
02:33:29A lot of the time the promise was we would put the people in halfway houses, which is a great idea.
02:34:04Then there was never the funding for the half place -- for the halfway houses and people walk away and there is nothing done to follow up.
02:34:09Jared louoghner, adam lanzq, so many of these perpetrators absolutely would have been civilly committed under the system we had 50 years ago.
02:34:14We need to move back towards greater possibility for civil commitment for the dangerously violent mentally ill.
02:34:17Both the senator from minnesota were saying that mentally ill people are not any more dangerous or violent than anyone else.
02:34:21There is a subset of them that are dangerously violent and mentally ill and we need to have them off the streets before that -- so they can add to it endanger themselves or others.
02:34:32 chairman, I would like to have a statement put into the record.
02:34:42>> That objection.
02:34:44-- Without objection.
02:34:48>> Thank you so much and I want to thank all of you for being here.
02:34:53It has been and leighton hearing and if this were a simple thing -- there are some freedoms among the mentally ill have to be considered, too.
02:35:00This is complex.
02:35:02This is not easy but I can say this -- I think this has been a pitch typically good thing and i appreciate all of you testifying.
02:35:06>> Thank you for that, senator hatch.
02:35:08>> Thank you for convening this important.
02:35:15To the panel, thank you for your testimony and to captain kelly and a wonderful wife, thank you for everything you are doing to bring an important message.
02:35:20We as a committee are wrestling here today and we as a country are wrestling with how to respond appropriately and effectively to a whole string of horrific shootings weather in newtown or tucson or in any sikh temple or virginia tech, there are too many of these incidents a year upon year.
02:35:39I am grateful for all my colleagues who have engaged in this to our discussion today about how to balance things.
02:35:53One of the most important things is to get our facts right.
02:35:55A number of my colleagues have made a great deal of the number of cases of federal gun prosecution's going down.
02:36:02In the most recent report from the executive office of united states attorney and it turns out the number of defendants charged with federal gun violence is steady.
02:36:16In 2011, it was 46% higher than in 2000.
02:36:20I encourage all who are paying attention to the numbers.
02:36:31What matters is the number of defendants prosecuted with federal gun violations.
02:36:37I have lots of things I would like to touch upon and I'm grateful our vice-president, joe biden, has led a broad argument and lifted up to the folks across the country and my state of delaware.
02:36:51I have heard from parents whose children suffer from mental illness and who are struggling to provide the care they deserve and need.
02:36:55Law-enforcement officials, educators, community leaders, gun owners, sportsmen, people are concerned about how we strike the right balance and how we make our country safer.
02:37:00If I could, to captain kelly, thank you for leading americans to responsible solution.
02:37:06One of the main ideas you and your wife have expanded on our background checks.
02:37:09How it is today that convicted felons are able to get their hands on weapons despite our current background checks laws and how can we fix them?
02:37:15>> Currently, senator cruse 9% of criminals that committed a crime with a gun are prisoners.
02:37:25I want to look at that for a second.
02:37:37There's also a statistic that says 80% of criminals got their guns from a private sale or transfer.
02:37:43By closing that part of the existing loopholes which is the fact that there is no requirement to get a background check with a private cell, you could be effectively reduce the number of guns and hands of criminals.
02:38:10We know from what happened in tucson that if there was an effective background check, which includes having the mental health data and a person's drug use into the system and if, in fact, there was no gun show lupo, I would contend he would have had a difficult time getting a gun.
02:38:31The first in the knees to be done is we need to have a universal background check.
02:38:34If background checks are good enough for somebody using a federal firearms are licensed dealer like wal-mart or I just purchased a got a couple of months ago, a hunting rifle, and went for a background check -- why isn't that good for other sales from a private individual or sales from somebody who is really in business at a gun show?
02:39:01>> Captain kelley, as a gun owner yourself, how do you feel that a thorough universe a background check like you describe either 4 per -- purchase of weapons large capacity magazines -- how could that affect or in french or second amendment right.
02:39:16>> I don't think it would infringe my rights of all.
02:39:21I think I'm as strong a supporter of the second amendment as anybody on this panel.
02:39:32I have flown 38 combat missions over iraq and kuwait defending our constitution.
02:39:41I have been shot at dozens of times.
02:39:42I find it interesting that often, we talk about putting a security guard to school.
02:39:45That is better than no security guard at the school but from my experience of being shot at and what that actually feels like and how chaotic it is, but with the exception of chief johnson, I would suspect that not many members of this power in this room, for that matter, have been in a fire spot.
02:39:57It is chaos.
02:39:59There is really some effective things we can do.
02:40:03One is the background check.
02:40:04Let's make it difficult for the criminals, the terrorists, and the mentally ill to get a gun.
02:40:10>> I agree with you and I have agreed to co-sponsor legislation.
02:40:15At the outset, I am grateful for the work the nra does in providing safe gun ownership to millions of americans.
02:40:22I hope you'll take into account the data I have often gone prosecutions.
02:40:29I disagree with a point you made your testimony.
02:40:32You said that background checks will never be universal because criminals will never submit to them.
02:40:40That may be true but the point that captain kelly makes is telling.
02:40:54If we put in place in combination tougher restrictions on straw purchases and those who buy guns legally but sell them to those who shouldn't have them and we put in place universal background checks and impose some responsibility on responsible gun owners to report lost or stolen weapons in combination, wouldn't all of these things effectively move us towards a country with a number of those who should not have weapons cannot get access?
02:41:25>> I think you will end up with a huge bureaucracy with a huge waste of police resources and money that could go into doing things in the police criminal justice area that was saved lives.
02:41:49The study you were talking about actually says we are criminals if we have guns.
02:42:0937% Are from black market.
02:42:10If you try to do this universe a background check which sounds what ever, it ends up being a universal federal nightmare imposed upon law-abiding people all over this country.
02:42:27Criminals will ignore it and the federal government we already know about prosecute.
02:42:34The vice president at the bidding with our people said they didn't have time to process this, it goes by the cases.
02:42:39What is the point of all playing.
02:42:45-- What is the point of this whole thing?
02:42:55>> The data you just suggested is not just closing the gun show loophole.
02:43:01It is also thoroughly enforcing those who transfer weapons.
02:43:08Chief johnson, is valuable to have the input of law enforcement professionals.
02:43:13In book -- in your view with the background check and aggressive enforcement, would that be a waste of police resources or would that make a difference on the street?
02:43:19>> I have to respectfully disagree on -- with wayne on this issue.
02:43:20Public safety, police -- we are ready.
02:43:26We are unified on this issue that a universal background check will make our society a safer place, will make my police officer is safer is absolutely essential.
02:43:31>> Thank you, chief and thank- you to the panel.
02:43:34>> Again, another member of this committee, senator flake of arizona, we appreciate you being here.
02:43:40If it's any consolation, I have bad seed years ago.
02:43:45>> It is good to know and thank you for convening this and thinking to the panel for being here and offering excellent stimony.
02:43:51I especially want to thank mark for being here and I'm sure gaby is watching the proceedings.
02:44:00I just visited her and I want you to know and -- and her to know how much we miss her.
02:44:13I was on a call this morning with a few dozen ranchers, border renters in arizona, and it was reminded that this is a practice she began years ago, to talk about immigration issues and keep them up to speed and seek their input.
02:44:53I have continued that practice.
02:44:55I can tell you she offered wonderful representation to the people of southern arizona's and she is missed.
02:45:02I'm grateful to you and to her for the public service you have offered in the last year under difficult circumstances and taking up this new cause so thank you.
02:45:07With regard to the tucson shooting, you mentioned jared loughner had had drug use in the past that might have triggered an entry into a system that he may have been checked also the mental health aspect series to bruce gude -- seems to be the difficult problem to solve.
02:45:23In maryland, I believe, there have only been 56 mental health records provided to the ncia system and arizona as 125,000 better not interfaced with the system.
02:45:39What are the major problems there?
02:45:45I will take anybody who can comment on this, perhaps chief johnson, or mark - is its sole lead a privacy issues?
02:45:54Many of those have a federal nexus and that is something we can deal with here.
02:45:56I am interested in in why it is so difficult to have some of the mental health records entered into the system.
02:46:03Do you want to take this?
02:46:04>> Government o'malley in the state of maryland last week introduced his plans to increase significantly data into the national criminal background check system.
02:46:21You are right, maryland could do much better in this area.
02:46:24>> Is this just an issue with maryland or any other state?
02:46:31I am assuming it is similar to any other state.
02:46:35Is it an issue of resources or are there privacy concerns that prevent them from offering this?
02:46:41 >> 18 states submit less than 100 records to the system.
02:46:46Amongst the middle school community, there is even fear.
02:46:58How does hipaa fact this system?
02:47:04I believe the president's plan called for incentivizing this and it would help the problem.
02:47:09>> Do you want to comment?
02:47:10>> Thank you for your kind words.
02:47:12Of the records that arizona has not submitted to the background check system, I don't know why.
02:47:17I imagine it could be something -- it might be a matter of resources.
02:47:21Maybe the funding is not there to have the manpower to do that.
02:47:24Possibly, maybe there is no will.
02:47:29Maybe for some reason in the state of arizona, maybe they don't have a desire to share that information.
02:47:51I don't know but after this hearing I will try to find out.
02:47:58I will get back to you.
02:47:59.
02:47:59I think we can have a real impact here so I thank you all for your testimony.
02:48:02Thank you.
02:48:05>> Senator brooke mccaul, you are recognized next.
02:48:09Everybody assumes that you and I had a number of discussions about the tragedy in connecticut including one telephone call when you were about to meet I have relied a great deal on both your expertise and law enforcement background also the fact that you're from connecticut.
02:48:29>> Thank you and want to express my appreciation to you for sensitivity and your condolences.
02:48:35So many of my colleagues were there and expressions we have bad this morning and for the beating this hearing which is a beginning in what I hope will be -- a call to action that newtown has begun an action that is really bipartisan.
02:48:48I think there is a real potential for high part, on grounds issue.
02:48:57We serve have more in common.
02:48:57I want to thank all the members of the panel for your patience and staying power.
02:49:09It has been a very informative and worthwhile hearing.
02:49:14But I want to say a particular thing and others have, to captain kelly and gabt giffords enter family for being here.
02:49:17A victim from aurura is here.
02:49:17Some of the sandy hook families are not here.
02:49:19If it is no objection, would like to submit the op-ed from " >> without objection.
02:49:39To achieve johnson, you are here not only in a personal capacity but, in my view, as resenting and reflecting the courage and heroism the tens of thousands of law enforcement community, police and firefighters and birth responders across the country who, every day braved the threat of gunfire and are often out- man the oregon by criminals.
02:50:05I appreciate your service to our country and I was in sandy hook at a firehouse or parents want to find out whether their children or alive.
02:50:17I will never forget the sights and sounds of that day when the grief and pain was expressed in the voices and faces of those parents.
02:50:57As much evil as the were on that day in newtown, there was also a tremendous power was a man goodness.
02:51:02It is the heroism and goodness of the educators also perished literally tried to save those children by putting themselves between the bullets and their children.
02:51:08And the heroines of the region and heroism of the first responders and police who ran into the building to stop the shooter not knowing he was dead and they're being they're stopped the tragedy.
02:51:29I want to thank the community of sandy hook.
02:51:40I have spent countless hours there, the better part of two weeks after the shooting and most recently, this past weekend, the dedication of a memorial and time with one of the families.
02:51:45Their strength and courage has been an inspiration to the country and very important to advance an agenda of making our nation safer.
02:51:48When the way they have done that has been to create the sandy hook promise.
02:51:51I would like to read the promise.
02:51:52We have it on a chart here.
02:51:53It is -- "i promise to honor the 26 lives lost at sandy hook elementary school.
02:51:56I promise to do everything I can to encourage and support common sense solutions that make my community and our country safer from similar acts of violence.
02:52:01I promise this time there will " tens of thousands of americans from connecticut and across the country have made the sandy hook promise as an ally.
02:52:06.
02:52:07 la irerre if the will take the promised.
02:52:09>> We have advocated putting our security in the schools, fixing the mental health system, computerizing the records of those mentally adjudicated.
02:52:13Karl rove we can convince some of these companies -- I am not talking about the first amendment -- to stop putting out the violent video games and finally, we need to enforce the reasonable gun laws on but books that the nra supports.
02:53:03>> Can I take that as a yes?
02:53:48>> Yes, that is a yes.
02:53:53We have 11,000 policemen -- >> can I invite and urge you to advocate the responsible gun owners and I thank them for being responsible gun owners, also joined in the sense of promise?
02:55:22>> There is not a law-abiding firearms owner across the united states that was not torn to pieces by what happened in sandy ".
02:55:26-- Hook.
02:55:28They just don't believe their constitutional right to own a firearm and the fact they can protect their family with a firearm results and the problem.
02:55:39>> You and I agree there should be more prosecution of illegal gun possession and illegal gun ownership.
02:55:54>> I have been on this capitol hill for 20 some years agree to that and nobody does it and that's the problem.
02:55:58I will make you a bed right now -- when president obama leaves the office four years from now, his prosecutions will not be much different than they are now.
02:56:07If they did 20 per month, they would do 20,000.
02:56:16Let's see if we get there.
02:56:16>> Chief johnson, you have talked very persuasively on the need for better background checks.
02:56:22Do you believe those background check should be applied to ammunition purchases as well as firearms purchases?
02:56:39>> Our organization supports background checks on ammunition sales.
02:56:50>> Iq.
02:56:51Captain kelly, I'm just about out of time but I want to ask you, if I may, if you support better background checks as an advocate of the second amendment?
02:57:07I join you in believing that americans have a strong and robust right to possess firearms.
02:57:28It is below of the land.
02:57:29-- It is dull lot of the lab.
02:57:33Do you believe that better background checks on firearm purchases would help make both arizona and our nation safer?
02:57:44>> Absolutely, senator.
02:57:44While we were having this hearing, we don't know the , there is another, what seems to be possibly a shooting with multiple victims.
02:58:01It does not seem like anybody has been killed but the initial reports are three people injured with multiple shots fired.
02:58:07There are 50 or so police cars on the scene and I agree with you, sir, that universal background checks that has the mental health records in that and as the criminal records in its will go a long way to saving people's lives.
02:58:24>> And improving the quality of information -- absolutely >> my let me again thank the panel.
02:58:57My hope is that newtown will be remembered not just as a place but as a promise and that we use this tragedy as a means of transforming the debate, the discussion, the action we need to make america safer.
02:59:03Thank you, mr. chairman.
02:59:03>> I understand we are coming to a close.
02:59:04I will make an exception on the normal rules.
02:59:07Senator cruz one more question and we will do that and I will yield to the newest member of this committee.
02:59:16Enter cruz.
02:59:25 chairman, i thank you allowing me to ask additional questions.
02:59:40I want to ask the question of chief johnson.
02:59:46Your testimony today was in tension with what I have heard from police officer serving on the ground in the state of texas, namely that your testimony, as I understand it, was, in your judgment, stricter gun control laws would prove effective in limiting crime.
03:00:12The data I have seen suggests that the evidence doesn't support that.
03:00:18If one looks in the district of columbia which had district is gun-control laws in this country and banned firearms, when the ban was implemented in 1976, there were fewer than two and homicides and that rose to over 350 in 1988 and two over 450 in 1993.
03:00:29That pattern is reflected across major urban centers.
03:00:39These urban centers that have the strictest gun bans like the city of chicago.
03:00:52Unfortunately, it suffers from 9 murders per hundred thousand sisson.
03:00:54Your city, the city of 3 murders per half 100,000 citizens.
03:00:58That contrast with other major urban areas like my home town of houston which is not have strict gun-control laws like the other jurisdictions, that has a 2%, 1/3 of baltimore's.
03:01:22The city of boston -- the city of austin has 1/10 that a baltimore.
03:01:27In light of the evidence, what empirical data supports your contention that restricting the rights of law-abiding citizens to possess firearms would decrease crime rather than making people more vulnerable to violent criminals.
03:01:46>> We know that nearly 2 million gun purchases were stopped from obtaining their firearms since 1994-2009.
03:02:08Senator, I would say that your statistics would be much greater in homicides.
03:02:14What is often missed is the medical intervention and takes place today from the emt in the field to shock trauma.
03:02:20That would be much higher.
03:02:22I am here today representing nine major police executive leadership orgizations.
03:02:31For the sake of time, I will not read all of those.
03:02:34They are a matter of record the problem.
03:02:41In areas like baltimore, new york, chicago with some of the toughest gun regulations and laws in the nation is outside weapons coming in.
03:02:46It is about the background check problem.
03:02:52It is about the acquisition of these firearms outside the normal firearms licensed dealer.
03:03:02That is what we have to fix.
03:03:08High-capacity magazines or a problem and we are seeing assault weapons used each and every day in crimes and police are seizing these weapons each and every day.
03:03:17Holistic way, with the plan that is laid out, we can make our nation and much safer place.
03:03:19>> Thank you.
03:03:19We have three new members of this committee.
03:03:21You, senator, have the last word.
03:03:22I occupied the bad seed so you are very patient.
03:03:24-- I occupied that seat so you are being very patient.
03:03:25>> Thank you so much, mr.
03:03:26Chairman.
03:03:27I would like to thank the panel for this very lively discussion on what is a highly emotional subjects.
03:03:31Captain kelly, I would like to thank you for being here because gaby and I were elected to the house of representatives in the same year and her courage continues to inspire us.
03:03:36I certainly take to heart her testimony today asking us to do something now to reduce violence in our country.
03:03:43Chief johnson, you are, literally, in the trenches.
03:03:47You are on the firing line and I give much credence to your testimony.
03:03:52We have a lot of hunters in hawaii so I certainly understand their perspective.
03:03:59This issue is not about abrogating sacramento and our rights.
03:04:06It is about reasonable limits on those rights.
03:04:12-- One area that has been deemed reasonable is the requirement for background checks.
03:04:18What many of us are saying is what already has been deemed reasonable should be a reasonable requirement when guns are sold regardless of how or where they are sold.
03:04:23I hope we can reach a bipartisan agreement on the reasonable limits requiring background checks when guns are sold.
03:04:27Captain kelly, I do appreciate you started your testimony today by saying there is no perfect solution.
03:04:35There are all kinds of antecedents -- environmental issues and community issues that lead to gun violence but i believe we should do that which is reasonable because nothing is perfect.
03:04:49I believone of the areas of focus for your organization, americans for responsible solutions, is the mental health part of what we should be addressing.
03:04:59Do you have any key suggestions that congress can take to help address the mental illness problem?
03:05:07>> First of all, compelling states to share with the federal government the records, the appropriate records, of adjudicated mental illness and criminal records as well and with in the federal government.
03:05:21I had a conversation with the vice-president who talked specifically about inter- government agencies and why there has also been some issues in certain federal government agency at times getting the records into the background check system.
03:05:36If we could improve the system, close the gun show loophole, require background checks for private sellers -- I think we will go a long way to preventing many of these murders and the mass shootings in this country.
03:05:50We will not stop all of them but there is certainly a reason that we have 20 times the murder rate, 20 times the murder rate, of other developed countries.
03:06:02I think that is unacceptable.
03:06:04Like you said, as an organization, I think congress can come together on this issue.
03:06:12Realize there is a problem and it certainly can be solved.
03:06:15>> It is one thing when someone has already been deemed to show signs of mental ailments and if there has been an adjudication, that identification, is much easier and therefore that information should get into our system.
03:06:33It becomes harder when you're trying to determine whether someone is suffering from mental alma's and needs help and often these kind of signs manifest themselves certainly in the home but also in the schools.
03:07:01We don't have a lot of psychologists, therapists in our schools.
03:07:12Would you also support more of those kinds of personnel in our schools so we can help these individuals?
03:07:18>> Absolutely, in the case of jared loughner in tucson, pima college was aware he had some form mental illness.
03:07:22He was expelled because of it.
03:07:23Multiple cases of erratic and disruptive behavior in the for some reason, he was not referr, as far as I know, to inappropriate mental health authority for an evaluation.
03:07:36I know those of the need to be voluntary but his parents, as well.
03:07:45In this case, there seems there was a lack of education within the community to get him some effective treatment.
03:07:54It is release said.
03:08:00In his case, as in many other cases, often, you will see a man was paranoid schizophrenic that commits some of these horrific crimes.
03:08:11But with treatment, they would never have done these things.
03:08:13Absolutely, we will work at americans who are responsible, we will work to fix the mental health aspect of this which is a big part of that.
03:08:21 la pierre, as a major issue but so is a comprehensive universal background check without a loophole and getting the data into the system.
03:08:30Those are critical things that can make our communities much safer.
03:08:34>> I do have one question for chief johnson.
03:08:38This is an area that has not been raised today so far.
03:08:42It has to do with an environment that allows cyber- bullying to occur in our schools and sometimes bullying can lead to violent situations.
03:08:56I'm sure it has happened in baltimore and recently in hawaii we had a situation in our schools where bullying led to fights and the school had to be closed.
03:09:09One of the ways we prevent escalation of violent behavior is to put in place programs that will address the issue of bullying which takes place in just about every state.
03:09:18Do you have any thoughts on that?
03:09:24>> The president's plan calls for not only funding and the announcement for additional police officers and I believe congress should support these plans -- they also call for funding to support additional counselors and psychological service providers in the schools.
03:09:55Certainly, in my particular case and in many jurisdictions across the country, we have police officers in all the high schools and the middle schools.
03:09:59It costs about $85 million per year.
03:10:00They have a place that we believe that more needs to be done in this area.
03:10:05In my two school shootings, in both shootings, a bully was alleged to be a factor.
03:10:07>> Q.
03:10:07>> Thank you very much.
03:10:08I want to thank all the witnesses who came here to this lengthy hearing.
03:10:10I think what we are trying to do and I hope people realize on this committee that we are trying to write laws to protect the public.
03:10:14I cherish and exercise my second amendment rights as I do all my rights under the constitution.
03:10:17I don't think individual rights include weapons of war, land mines, tanks, or machine guns or rocket propelled grenades.
03:10:21We have stepped back from those levels.
03:10:41I came here to have a discussion and hope to build consensus.
03:10:57The there is more work that needs to be done.
03:11:10If there was one consensus, we would know what to do.
03:11:14It breaks all our hearts.
03:11:15I am one hour's drive from another country, canada.
03:11:20I don't see the same kind of problem there.
03:11:30I want to find out how we can stop what is happening.
03:11:34I believe there should be some areas of agreement.
03:11:40The committee can get tomorrow and mark up legislation for next month.
03:11:42This month is virtually over.
03:11:46And then take it to the floor.
03:11:47We will respect the diversity of viewpoints expressed today.
03:11:51We will have hearings that will have other viewpoints.
03:11:55But we have to listen to one another.
03:11:58We have or the kind of violence we have seen.
03:12:01And the violence I saw years ago as a prosecutor.
03:12:04Thank you all five of you very, very much.
03:12:08We stand in recess.
03:12:38[Captioning performed by national captioning institute] [captions copyright national 2013] [no audio] [no audio] [no audio] >> the senator spoke on the senate floor about the legislation and crack down on illegal guns.
03:14:59This is about five minutes.
03:15:02Mrs.
03:15:04Madam president, rise today on behalf of the millionsf americans who are saying enough is enough.
03:15:13They've seen too much senseless deadly gun violence and are demanding commonsense solutions out of congress.
03:15:23One solution that I've been focused on for a long time is ending gun trafficking.
03:15:29This is critically important to public safety issues, where i believe members of both sides of the aisle can come together and agree.
03:15:37We can and should agree that it's time to crack down on the black market of illegal guns that criminals rely upon to obtain weapons that are later used in violent crimes.
03:15:51Almost one month ago, the nypd suered one of the bloodiest nights in recent history when three officers suffered gunshot wounds in two separate crimes within an hour apart.
03:16:03According to the news reports, one of the handguns recovered from the scene was importe by traffickers from philadelphia.
03:16:09Another one came from north carolina.
03:16:13Thankfully, these heroes are on their way towards recovery.
03:16:16Just one year ago, new york police officer peter fegogski, the father of four beautiful girls, was tragically killed on the beat with an illegal weapon purchased in the black market in virginia.
03:16:34I will never forget the faces of slain 17-year-old honor student niasha priard's parents, who i met jt weeks after being sworn in to the senate.
03:16:48Niasha was also killed by an illegal gun one terrible night when she was doing nothing more than enjoying an evening with friends.
03:16:55According to new york city's mayor's office, 85% of the guns used in crime in new york city come from out of state and 90% of those guns are brought through the illegal black market run by traffickers.
03:17:09The sad fact is that more than 30 people die every single day due to gun violence.
03:17:16These senseless killis must stop.
03:17:20We have an obligation to act and prevent tomorrow's senseless deaths by ensuring that guns stay out of the hands of criminals and the dangerously mentally ill and to strengthen our laws so that law enforcement have the ability to go after the gun runners and take down these illegal markets.
03:17:39The truth is that supporting the secondmendment and reducing gun violence are compatible and consistent.
03:17:49Responsible gun owners vehemently oppose any kind of gun violence, the kind of gun violence that struck in newtown, aurora, oak creek, and the thousands of families across america every single year who suffer.
03:18:03We should be able to find reasonable and commonsense reforms that can preserve our rights but also protect our families.
03:18:13Because keeping our children safe from the scourge of gun violence is not a democratic or republican principle.
03:18:21It's not pro-gun or antigun.
03:18:24This is an issue that all americans can support.
03:18:31There's no political ideology that finds this cruel loss of life acceptable.
03:18:36I was incredibly pleased to see president obama include as part of his comprehensive plan to prevent gun violence a bill that I first introduced in 2009 with mayor bloombe commissioner kelly called "the gun trafficking prevention act," which would be the first federal law to define gun trafficking as a federal crime and event scofers illegal gunsrom being -- scores of illegal gun from being moved into the hands of criminals.
03:19:03We have thousands of laws but effectively none of them are directly focused on preventing someone from driving from one state to another state with a load of guns in the back of a truck that they can sell directly to criminals.
03:19:20It's shocking to me as a mother.
03:19:22It's shocking to me as a lawmaker.
03:19:24But this is something we can actually fix.
03:19:27Over the past three years, more than 33,000 guns used in violent crimes showed telltale signs of black market trafficking.
03:19:38420,000 Firearms were stolen and thousands of guns with obliterated serial numbers were uncovered by law enforcement.
03:19:48So while law enforcement is working overtime to track down illegal guns and apprehend those who traffic these weapons, current law restricts their ability to investigate and prosecute these crimes.
03:20:00We can all agree this simply makes no sense and leaves all of our communities vulneble.
03:20:08I am very proud to have worked with my colleague and friend, senator mark kirk, to introduce a bipartisan bill today, senate bill 179.
03:20:20This bill takes onhe problem of gun trafficking head on.
03:20:28Our bipartisan bill would empower local, state and federal law enforcement to investigate and prosecute gun traffickers, straw purchasers and their entire criminal networks.
03:20:37Our bill does nothing to affect the constitutionally protected rights of responsible law-abiding gun owners.
03:20:45By cracking down on illegal trafficking and their vast criminal networks, we can stop the flow of these illegal guns that are coming into our city neighborhoods and reduce the gun vience.
03:21:01Law enforcement officials across the country have said that they need this legislation to be able to fight crime.
03:21:07I urge my colleagues to support this bl, and I urge passage of this commonsense nonpartisan, bipartisan piece of legislation.
03:21:17I would also like to now submit a statement for the record that senator mark kirk has authored.
03:21:24I'd like to appear following my statement.
03:21:31The presiding officer: >> Without objection.
03:21:48>> Next, senators on immigration reform.
03:21:55Later, a preview of the president's state of the union address and how foreign defense policy will be handled.
03:22:05On the next "washington journal," a look at auto industry.
03:22:13We will preview what is expected for car sales this year and talk about auto safety and federal regulation.
03:22:19Our guematt blunt.
03:22:32"Washington journal" is live on c-span every day at 7:00 a.m.
03:22:39Eastern.
03:22:41>> Thursday, former senator chuck hagel testifies before the senate ared services committee.
03:22:53Live coverage at 9:30 a.m.
03:22:55Eastern on c-span and c-span radio.
03:23:02>> At age 65, she was the oldest first lady when her husband became president.
03:23:07She never set foot in washington.
03:23:09Her husband died just one month after his inauguration.
03:23:15Meet the other women who served as first lady in c-span's knew of original series.
03:23:23-- New original series.
03:23:31Season one begins presidents day eastern and pacific on c-span, c-span radio, and c- span.org.
03:23:41>> Wednesday, senators chuck schumer and john mccain discussed details of immigration issues.
03:23:51The senators were featured speakers at the political playbook breakfast.
03:23:57This is 50 minutes.
03:24:00[Applause] >> good morning.
03:24:10Thank you so much for coming out early for our breakfast.
03:24:15Welcome to those of you in life stream land, I appreciate having you.
03:24:22This is our first breakfast in 2013.
03:24:25We look forward to seeing you throughout this year after the amazing year we had last year.
03:24:30We will go inside the "gang of eight" this morning.
03:24:40They helped pull off a bipartisan agreement.
03:24:44They will take you inside that.
03:24:49Before we chat with the senators, we will welcome manu ragu, who helped break the story.
03:24:57After that, senator mccain.
03:25:00Before that, I would like to think bank of america for their partnership, making these conversations possible, including that incredible brunch where people had a great time.
03:25:13We had great conversations.
03:25:15The play book series is a form that makes it possible for us to talk in depth about the issues that matter most in washington.
03:25:26In twitter land, if I do it right, the questions will pop up right here.
03:25:34I got my first tweet.
03:25:39I will try to do that.
03:25:40[Laughter] they will pop up as we come.
03:25:47Now, I would like to welcome politico star manu ragu.
03:25:53[Applause] thank you for coming in.
03:25:58Thank you very much.
03:25:59Was the "gang of eight" a secret?
03:26:03Was their detective work in uncovering it?
03:26:06>> Yes.
03:26:06They did not want to let on how much work and progress was being made behind the scenes.
03:26:13In washington, whenever word starts leaking out about what is happening, those talks blow up.
03:26:20As they were negotiating this was happening at the time of the fiscal cliff negotiations, much of the media focus was happening on the fiscal cliff.
03:26:33The staff was meeting, the senators were meeting, and they really only had the first meeting after the holidays.
03:26:41Last wednesday, when they were close to finalizing that agreement.
03:26:46It was not until over the weekend that they actually finalize did and announced it on monday.
03:26:51Things moved rapidly.
03:26:56>> As we pre-game here, we are setting the scene for the conversation to come.
03:27:01Tell me something about the immigration bill senator mccain and senator schumer will not.
03:27:15>> [L;aughs] >> a bit of a truce bomb.
03:27:24Taking this five page document into a very detailed legislative policy.
03:27:31There are going to be a number of -- this bill could be several hundred pages long, and we are talking about a very sweeping change, not just to the immigration system but how we deal with them.
03:27:45How they actually do that and the hurdles, it will be interesting to see.
03:27:49>> You pointed out that this is one of the biggest debates.
03:27:55>> Remember what happened then.
03:27:59This blew up in the senate after a big push by the bush administration and the bipartisan coalition trying to get this through.
03:28:07It suffered opposition from both sides, particularly the right, creating an amnesty, but we have seen some of those voices muted, at least in the initial days, and we will see.
03:28:19>> This gang of eight, four republicans, four democrats, who put together this framework, this immigration bill, how did we find out that the gang exists?
03:28:32>> Talking to senators.
03:28:35One of our reporters was the first one to write about this.
03:28:39Talking to senators about what exactly is going on on immigration, because the president was certainly laid the groundwork on the new congress, and as we know, nothing can get done unless there is bipartisan support, unless there is actually a legislative push.
03:28:56It turns out there was interest, and it all happened right after the election.
03:29:02Lindsey graham made a telephone call to chuck schumer and said, "look, I want to start talking " john mccain started one day to talk about immigration, and what happens?
03:29:14We are where we are.
03:29:18>> Some people know that capitol hill is amazing, because you can walk up to anyone, and that does not mean they will talk to you, but you can ask a question.
03:29:29When I moved from the hill, from the white house to the hill, i was like standing back because i was trained like not to approach people, and they were, "go " I have watched you.
03:29:44You physically grabbed the senators.
03:29:47Tell me the secret in getting these senators to talk to you.
03:29:52>> I do not actually grab them.
03:29:55>> Yes, you do.
03:29:57>> I sort of hide behind the bushes and pop out.
03:30:01You try to develop a relationship over the years and talking to them and grabbing them in certain locations, where they are more predisposed to chat.
03:30:11When they are running quickly to a vote, for instance, I would not get the best interview, but if they are walking back to their office, you will have more time to chat and get to know them.
03:30:22Over the years, you develop a level of trust, that they can trust what you will report will be accurate and is representative of what they are saying.
03:30:33Being able to understand people's patterns, where there are boy to be at certain times, at times where you interview them.
03:30:44>> What is the buzz?
03:30:48Immigration, the big bucket.
03:30:53What is there?
03:30:56How are they devoting their attention?
03:31:00>> The fiscal talks are taking a back seat, at least right now, because immigration is starting to drive the debate.
03:31:24That will be resolved, at least on the senate side, and then they will unveil their proposal, and as it goes through the committee process, but that will happen at the same time about keeping the government operating patches -- past march 27.
03:31:43They have to deal with those issues once again.
03:31:47This week, of course, it is immigration.
03:31:50There is not a lot for senators to weigh in on.
03:31:53There is no legislative text yet.
03:31:57We will see that debate really, really consumed congress in march, april, may, when this bill starts moving out of committee.
03:32:05>> As we say goodbye, what are you going to be doing today?
03:32:09>> I will still be trying to get as much information about what is happening in these talks as well as what senators -- how they view the latest immigration proposal, as well as several other things.
03:32:27>> And you write one story?
03:32:30Five stories?
03:32:31What is your deal?
03:32:32>> Hopefully not tens stories.
03:32:35Today, I think the initial reaction is out of the initial stories, of this group.
03:32:45They are starting to move off of the news side, and we are going to start to get into what happened behind the scenes and onto some of the other debates.
03:32:56Of course, the judiciary committee, that will be very important, as well.
03:33:01>> Jumping in as the conversation goes on.
03:33:07Thank you.
03:33:07Appreciate it.
03:33:10[Applause] >> and now, without further delay, we want to welcome senator mccain and senator schumer.
03:33:24Senator schumer, thank you very much.
03:33:28Senator schumer did not trust us to have sweet'n low this time.
03:33:33>> It is made in brooklyn.
03:33:371200 Employees.
03:33:38Eat sweet'n low.
03:33:41It is good for you.
03:33:43>> The aid package, the amount of money in these times of austerity, one of your biggest accomplishments.
03:33:52>> Thank you.
03:33:53There are so many people in new york waiting for that aid.
03:33:57I was in highland park, and i was with someone in their home community.
03:34:0660% Of the stores on main street are still not open.
03:34:11Half of the homes cannot be occupied.
03:34:15They could not be rebuilt because of the money not being there.
03:34:21No contract.
03:34:22No bank will lend money unless they know the money is there.
03:34:26Now they know that people will be able to get back and get on with their lives.
03:34:37>> The vice president is going also.
03:34:40It is an annual conference.
03:34:48I river a few years ago, vladimir putin came to talk.
03:34:55>> -- I remember a few years ago, vladimir putin came to talk.
03:35:02>> What is your vibes about the president?
03:35:06>> I do not think it was his happiest day after the 60 minutes speech.
03:35:14>> Why is that?
03:35:17>> I think he is one of the most likable and congenial men I've ever known in the united states senate, and I think chocolate agree.
03:35:25>> Something rare, which is four democrats, four republicans, coming together.
03:35:32You all served years since senator schumer came to the other body, and the gang of eight started to come together.
03:35:43The friday after the election, senator lindsey graham gave you a call.
03:35:47On saturday morning.
03:35:49You saw him on your call sheet.
03:35:51You called him, and you said what?
03:35:56>> I said, "hi, linzy -- " that was wonderful, and he said he had talked to john mccain, and my heart went peter patter.
03:36:14-- Pitter patter.
03:36:20There are different television shows, sunday morning talk shows.
03:36:30And we both said we were going to do it, and there we are.
03:36:38>> Senator, you have gone back and forth.
03:36:41What made you decide to join it?
03:36:42>> I have always been for it, but I have always been concerned about border security, and i think with good reason.
03:36:51If you talk to the experts, there are still a number smuggled into united states that come in it from the border.
03:36:59There is huge violence.
03:37:02We have people on mountaintops that are drug dealers.
03:37:08There are these coyotes, and they mistreat them, and horrible things happen to people are brought up part -- brought across.
03:37:24We have made significant improvements, and there have also been technology advancements in places like iraq and afghanistan, where we can surveil the orders.
03:37:37It gets as hot as 130 degrees, and that is hard on people, so we have really got to do the technology side of this thing, which, by the way, the israelis have been able to do, and I am confident we can make that progress to assure our citizens that their lives are secure.
03:37:55We are in a secure building.
03:37:58In southern arizona every night, they have drug people going across their property.
03:38:04They deserve security.
03:38:06We can achieve that, and we are on the road to doing that.
03:38:10>> Members going with you.
03:38:12What will you see?
03:38:14What will you see when you go to the border?
03:38:17>> First of all, they can see the vastness.
03:38:20The second thing they can see is the improvements that have been made.
03:38:25Third, things that still need to be done.
03:38:27Talking to the men and women on the ground, ones that are out there every day, literally risking their lives, there is nothing like having eyeballs on the issue to really get a good understanding.
03:38:43>> Yesterday was the sixth meeting of the gang.
03:38:47>> Yes, but we hate the word " >> , on.
03:38:54-- Come on.
03:38:56Let's rebrand it.
03:39:01What would you rather be called?
03:39:03>> Group.
03:39:04>> Group.
03:39:06Great americans.
03:39:06How about that?
03:39:07>> What did you cover, and what is the next step?
03:39:12Excuse me.
03:39:17These meetings are in your office?
03:39:19>> We alternate.
03:39:22We do not want it to be a democrat or republican proposal, so we alternate between john's office and my office.
03:39:29>> And then I try to get some kosher food for senator schumer.
03:39:35Maybe some salmon or something like that.
03:39:44>> John said something when we were meeting about the details.
03:39:52I said, "do you think we can get " " last night, we started tackling some of the biggest issues, parameters for measuring when the border is secure and about those gaining citizenship, but since there are so many, and we want to make sure that they are not treated any better for crossing the border illegally than those who waited in line.
03:40:26We made huge progress.
03:40:2815 Minutes.
03:40:31Our staffs are today meeting to with people from dhs, the border people, to go over some of the technologies that john mentioned and other things.
03:40:43These are set meetings.
03:40:46So we're going to meet on tuesday and thursday at a set time every week until we get this done, with wednesday being staff meetings to work out, and thursday to review what the staff has fleshed out with the legislative language and details.
03:41:02>> The audiences here and on line.
03:41:07You had said that you would have principles by february.
03:41:12A deadline beaten by four days, a record.
03:41:16Legislative language by march, and, senator schumer, you said you hope for passage on the floor by late spring, which really means july, right?
03:41:27>> Well, you do not know.
03:41:29We are right now ahead of schedule, as you were big enough to mention.
03:41:33I think in the country to get this done on both sides of the aisle, and senator leahy has been great.
03:41:46Both john and I agree.
03:41:47We are going to go through committee.
03:41:50We are going to go through the regular order process.
03:41:53John and I worked on a group that came up with some rules changes in an effort to strengthen that, so we can go back.
03:42:00>> 51 Votes.
03:42:05>> And we very much want to see the regular order restored.
03:42:09I have younger senators come to me and say, "what is a conference committee really like?
03:42:16How do you legislate in " and it is because we do not do it anymore, and it makes being a legislator less pleasant, and we get less done, so the immigration bill will be the first big test.
03:42:33Senator leahy agree that we would have all of the time we needed.
03:42:37There will be a big market committee.
03:42:39Lots of amendments out there, and senator reid has said when we are ready to go to the fore, we will, so our hope is late spring, early summer.
03:42:49>> They get together and oppose amendments.
03:42:54Will you stick together?
03:42:56>> We have not talked about that, but I think.
03:43:05I think we have to, unless there is something we both agreed to.
03:43:10In other words, it is going to be as these kinds of things are, so we will have to take some tough votes in order to keep it intact, so that is so far down the road right now.
03:43:28We have not even had a chance -- >> one of the things we agree on is that the core principle has to stay intact.
03:43:36That does not mean that every single amendment john and I will agree on.
03:43:40We probably will not.
03:43:42I think it could take three to four weeks.
03:43:46It is such an important issue to america, and it is so complicated, and it deals with every aspect.
03:43:54I think we should have a full, robust debate.
03:44:00They hope that we can pass this with a nice, sizable bipartisan deal, that would make it easier for the house to pass.
03:44:08We do not want to have just five republicans.
03:44:12We will not get all five democrats.
03:44:15>> It will be there, either way.
03:44:23>> John and marco rubio have shown such strength.
03:44:32I have been really impressed with their design to meet us in the middle.
03:44:35The same thing with bodman mendez and dick durbin on the other side.
03:44:41They are getting a lot of flak, and they are showing strength.
03:44:46That is another thing.
03:44:49But there is a trace of masochism in all three of us.
03:44:56[Laughter] >> senator mccain, how hazardous is it for a young politician, like marco rubio?
03:45:09>> Marco rubio represents a very large state.
03:45:13A lot of hispanic and latino voters.
03:45:16He understands the issues and is articulate.
03:45:20I think that it is very helpful to have a newer member of the senate that is of his, frankly, really, it a deep understanding of the issue and appreciation.
03:45:35As you know, his family came from cuba, and he understands, i think, the issues confronting the people that come to this country either legally or illegally as well as anyone, and I would like to say about chuck, he has been very strong.
03:45:51There are people on his side of the aisle.
03:45:59He has had to push back against that, as well.
03:46:03There will be people at both ends.
03:46:06They will not ever agree.
03:46:08They have to understand.
03:46:09We are not seeking 100 votes, but we are seeking 80 votes, and I think we can achieve that.
03:46:15>> Senator schumer, that is the hope, getting a large majority on each side.
03:46:28Senator mccain, you said that what senator marco rubio is doing is helpful to the senate.
03:46:33Is it helpful to him?
03:46:35>> I think so.
03:46:37Well, and he took a leadership role on a very important issue.
03:46:43One thing in my political life, if you do the right thing, it always ends up ok.
03:46:49If you do something for political reasons, in my experience, and I have done that, it comes out badly.
03:46:56I think marco rubio is doing the right thing.
03:47:00>> I agree with john completely in all of this.
03:47:04He is daniel in the lions' den.
03:47:08After we came out with the principles, he signed up with all of the talk shows, very conservative radio and television host, and it was amazing.
03:47:21Rush limbaugh has been more hostile.
03:47:23>> Yesterday -- >> on the show.
03:47:27>> Marco rubio, in the lions' den, when the show started, he was far more hostile than at the end, and that will be a real service, -- >> what he is trying to do, and we are trying to do is to have our talk-show friends, people on the right at fox and others, they think the status quo is acceptable.
03:47:55The status quo is not acceptable to have 11 million people in the shadows in this country.
03:48:01I appreciate chucks cooperation.
03:48:07We have to get a secure border.
03:48:10In 1986, we gave amnesty to 3 million people, and now we have 11 million people in this country illegally.
03:48:19I do not want to hand down to the next generation a situation where we have another large group of people who have come to this country illegally, and i think chuck understands that.
03:48:31That goes all long way in assuaging the concerns.
03:48:36>> One more question.
03:48:41We, dick anbar and on sunday, we were on the phone with the hispanic leadership.
03:48:49-- We, it did and I on sunday.
03:48:56There are the groups that so you're into of their brethren, brothers and sisters.
03:49:03Brethren I guess is no longer a politically correct word.
03:49:07I do not know if there is a female analogy.
03:49:12>> Sister.
03:49:12>> I did not want to say that in case I get criticized.
03:49:16Sisterhood.
03:49:22They yearn for them to come out of the shadows, but they it understand that just to have a wish list and say, "this is what we believe and, and are not able to compromise, that will consign the problem to go on.
03:49:38It is not just for us with the groups, but understand that compromise is a necessary part of getting something done.
03:49:47>> There is one other dirty little secret here.
03:49:5272% Of the hispanic american vote went to the president of the united states in the last election.
03:49:59Republicans are beginning to appreciate that if we are going to have a meaningful dialogue with our hispanic citizens, latino voters, they are going to have to resolve this issue.
03:50:09It is just a fact.
03:50:11>> What specifically did governor romney do wrong on this issue?
03:50:16>> One of the things I enjoyed after I lost was the unceasing broad of criticism and second- guessing [laughter] so -- >> so now it is your turn.
03:50:37>> I think the republican party has failed to understand to any significant degree the importance of this issue to our hispanic voters.
03:50:48I am talking pure politics, and that is we are elected to office because the voters think we will help them achieve their hopes and dreams and aspirations for the future.
03:51:01If you have a large block of americans who believe that you are trying to keep their brethren and sister good down, fellow hispanics down, obviously that is going to have an effect on their vote.
03:51:19So I think republicans, not all monolithic, but more sensitive to these hopes and dreams and aspirations that have been reflected in the ballot.
03:51:30>> Ok.
03:51:32Last question.
03:51:32We will plunge into specifics of the bill.
03:51:36Senator mccain, there are republicans in the house and senate trying to derail this.
03:51:42One cannot from texas yesterday.
03:51:46How damaged will the republican party be?
03:51:49>> Senator schumer and I are presenting two bills.
03:51:53It will be a tough, tough fight, american public opinion has shifted dramatically since 2007.
03:52:03Poll after poll shows that the majority of the american people believe that there should be a path to citizenship as long as they pay a fine, back taxes, do things.
03:52:17Do the things necessary in order to achieve citizenship, including being behind those two came to the country legally.
03:52:27That is a huge caveat and changes the numbers rather dramatically.
03:52:35Civil however opposed to it is now looking at public opinion polls that are very different in my view than they were in 2006.
03:52:42>> Senator mccain, if this goes down, what will be the consequences for the republican party?
03:52:48>> I think the trend will continue of a lack of support of hispanic voters, and also, as you look at the demographics, that means that we will go from republican to democrat, but there is a lot of issues that our citizens care about besides immigration that they will be making their judgments onbut until we get that issue resolved, then we will not be able to debate those.
03:53:20>> You are saying if this goes down, the republicans will be worse?
03:53:26>> I am not in the business -- yogi berra said do not try to predict, especially when you are talking about the future.
03:53:38I think it is a danger, but, mike, I think the reason we are doing this is because we see this issue out there unresolved.
03:53:46It is not so much concern about the future.
03:53:50>> I was just going to say, on our side, there are some who have heard the argument.
03:53:57Let's leave that out there as an issue because it will insure the dominance of the democratic party for a long time.
03:54:04That is just as wrong as the people who say do not do anything, and I think the vast majority of democrats, the president included, want to get something done here.
03:54:14>> At the press conference the other day, I think there are a lot of people wonder about who wants this.
03:54:24Why are you convinced that he once the achievement more than the issue?
03:54:29>> I have talked to him several times based surveys, and he really does care about it.
03:54:35He knows how important it is for the economy of the country.
03:54:39In has been our number-one issue to solve the immigration problem.
03:54:4511 Million people come out of the shadows and pay taxes.
03:54:49In terms of future flow, we all agree.
03:54:53It is absurd that we attract the best and brightest, let them , and masters, and then say you have got to go home and compete against us.
03:55:05It makes no sense.
03:55:08The president understands that.
03:55:09And let me tell you, he has been terrific.
03:55:12This idea that we were jockeying is not true.
03:55:16Dick durbin and I spoke with him on sunday.
03:55:19We had a great conversation.
03:55:21He has been extremely positive.
03:55:23And I think he has played a very constructive role.
03:55:31He is a rally in the country, but at the same time, he is giving us the spacto get something done, and I have been very impressed with not only the president's desire to get it done but his ability to work with us as part of a team to get that done, as leader of the team, which he is, but to get it done.
03:55:53>> Every president in a second term worries about a legacy.
03:55:57I think he is worried more about getting this done than about harming the republican party.
03:56:03>> Senator mccain, have you talked to president obama about this?
03:56:09What is the state of relations these days?
03:56:13>> I have great respect for the president.
03:56:16I hope and believe that at some point, we will all be meeting with the president on this issue because we need to coordinate with the administration.
03:56:29But I have not seen a degree of partisanship overall as there is today.
03:56:37We are showing some signs of bipartisanship.
03:56:40This thing we just did in avoiding the nuclear option in the senate.
03:56:46This option that I think republicans are more inclined to let the process go forward, and senator reid is more inclined to let us have amendments.
03:56:59I think when we are down to an 11% approval rating, there was a favorability.
03:57:05Different things are favorable.
03:57:08A colonoscopy is viewed more favorably.
03:57:12We were in kind of bad shape, to save the least.
03:57:15I will not pursue that line and a further, but I have got this old mine.
03:57:22A guy rides up and says, "hey, did anyone ever tell you look " " and he said, "does that not sometimes make you as mad as " both sides of the aisle to work more with the president then we work with each other.
03:57:42Maybe that is a little pollyannas.
03:57:44>> I think, you know, american politics works in pendulum swings.
03:57:52I think the partisanship has reached its peak.
03:57:56>> You think not just on this issue but in general.
03:58:00>> The number one reason I am so invested in this issue is to get it done.
03:58:06Number two, and john and I have talked about this, this is to set a new way of doing things in the senate or the congress of coming together on issues where we can come together, and i think it can happen.
03:58:20I really do.
03:58:21>> We did the defense authorization bill.
03:58:26380 Amendments, and we went forward and did the right thing.
03:58:31I am guardedly optimistic.
03:58:33>> We did postal reform.
03:58:36Towards the end of the year, little noticed, but there were some complicated pieces of legislation.
03:58:42They did not pass the house, most of them, but they got through the senate with a good bipartisan support.
03:58:48>> Do you buy this pendulum idea that it reached its needier -- nader -- nadir?
03:59:02>> Maybe I am wrong.
03:59:04Maybe that is not the case.
03:59:06We were able to make certain progress in other areas, and i think historians that study the senate will look back on this version of this nuclear option, because if it had happened, and it was going to happen unless we came up with this road map for the leaders -- >> this is the filibuster reform.
03:59:29>> On the filibuster, that if the senate had gone to a 51-vote body, it would have changed the nature of the united states senate forever.
03:59:39>> Before you leave, senator schumer, you have some quality time with the president.
03:59:45One of the hats you where, you are chairman of the joint inaugural committee.
03:59:54And some of the jobs are -- >> ride in the limo with the president alone.
03:59:59It is a very nice limo.
04:00:03In any case, we had a very nice conversation.
04:00:06It was not different than the one we had here about what the next four years are going to be like.
04:00:12I do not want to give away the president's thoughts, but i expressed the same things that we have expressed here, that it is going to get better, that there will be more agreement, and I think there is agreement.
04:00:25>> What is that limo like >> it is a clash, big, heavy.
04:00:32You can see out, but they cannot see in.
04:00:34>> What else did you talk about?
04:00:36>> That was the main thing.
04:00:38The main thing was that.
04:00:41My staff gave me a list of 22 things we needed in new york, and I was dying to ask him.
04:00:48I figured that was not quite appropriate.
04:00:52So a rare moment of restraint.
04:00:56A rare mowat of restraint.
04:00:57>> Ok.
04:00:59Let's plunge in.
04:01:00Monday, you put out the five- page bipartisan free more, and we would like to read between the lines.
04:01:10In a bipartisan agreement, it talked about electronic means of employment verification which is not able to be forged.
04:01:19That is code for a super social security card that would have some sort of plyometric.
04:01:26Senator schumer, you have said you are for this.
04:01:29Senator mccain, what is your opinion?
04:01:31>> I am for this.
04:01:33I want to remind you that the 9/11 commission made a series of recommendations, and one of the things that was not implemented was this.
04:01:44There is technology now that could give us the social security card, people with a social security card, that is tamperproof, and -- >> you are for that.
04:01:55>> But let's be clear.
04:01:58People say a national identification card.
04:02:00That is a card you would show if a police officer came up to you.
04:02:04This would only be used in the same case as when you use a social security card.
04:02:10It just could not be forged.
04:02:13If we want to stop future flows, he is so right.
04:02:17I want to make a point.
04:02:18Our goal is not to come back year tenure as from now.
04:02:23This means stopping future waves of immigration.
04:02:26Other parts of it are something marco rubio has pushed, the entry-exit system.
04:02:32In other words, we have a biometric -- >> many people who are here legally have overstayed their visas.
04:02:40>> We have a biometric when you come into the country but not one when you leave.
04:02:46We have to fix that.
04:02:47Second, the employers.
04:02:49Why do illegal immigrants come here?
04:02:52It is simple.
04:02:52It is jobs.
04:02:55You can go to a province in southern mexico and make $3 per hour, below a minimum wage, lousy conditions, you are coming.
04:03:04We want to make sure employers do not hire people who are here illegally.
04:03:09The only way to do that is to have a card that is not affordable.
04:03:13Right now, you can go down the street here and get a social security card or a driver's license or $100 that is forged.
04:03:21>> It sounds like you have the language, that this biometric security guard is there.
04:03:27>> It may be.
04:03:29But I do not think everyone, some on our side, are there yet.
04:03:34There are too many false negatives and false positives in my judgment.
04:03:39We're going to have to come up with something, but on the principle, we all agree.
04:03:43>> Someone illegal in this country, if they do not know they are illegal or not, that is one thing.
04:03:50We have to make sure that someone you hire someone illegally that they will be punished.
04:03:55>> Senator mccain, the white house once the production in the bill extended to same-sex couples.
04:04:04-- Once -- wnts the bill extended to same-sex couples.
04:04:17>> I warn you, if you load the bill of, you will jeopardize the issue.
04:04:22We are talking about four principles that we have got to act on.
04:04:27Look.
04:04:28I will be glad to talk about and discuss what are the ramifications and that, but if somebody views that as the most important aspect of comprehensive immigration reform, then we just have a fundamental disagreement.
04:04:42>> I sponsored this bill.
04:04:45I am for it.
04:04:46I care about it.
04:04:47We have not discussed it yet.
04:04:48It will be one of the bills on the table, but as john said, we have to first get our basic structure and framework.
04:04:56>> Border security.
04:05:00I will tell you what my priorities are.
04:05:01So, again, if you are going to load it up with social issues, that is the best way to derail it, in my view.
04:05:09>> A question for you.
04:05:12How do you respond to critics on the left who fear that legal immigrants after the group missionary -- after the probationary period -- will you push -- >> this is very important.
04:05:25I want to say a couple of things.
04:05:29That the commission can block anybody.
04:05:32People can immediately get a work visa.
04:05:34So they are out of the shatters.
04:05:37They can work.
04:05:38They can stay in the united states if they do not have a criminal charge against them, criminal law against them.
04:05:46We know that.
04:05:47But then we have then said let's secure the border and make sure some of the parameters are met.
04:05:52We are defining those as we speak, before you get a green card after citizenship, but we have agreed on a few things.
04:06:02Every one of the 11 million who meet our criteria will be eligible.
04:06:09We have to figure out how to do that, and, obviously, none of us intend for people to wait a long period of time, but there is another principle on the other side, very important, to help bring marco rubio along, and to his credit, he has been talking it all along.
04:06:31He believes that by crossing the border illegally, you should not gain the advantage over somebody who waited their turn.
04:06:40Somebody who applied to the u.s.
04:06:42Embassy in january 2007, and somebody else crossed the border and is here january 2008, we all agreed that the person who waited in line in 2007 should be able to get that green card before the person in 2008.
04:06:57We have to figure out how to do that so it is not a long period of time, where people roll over debt before they become, but at the same time, we have to make sure that this principle is kept, because that helps us pass the bill.
04:07:15Two exceptions.
04:07:15Dick durbin has worked very hard.
04:07:17We agree that should give special priority.
04:07:20>> These are -- >> and second, we need something special for agriculture, because it is a different situation.
04:07:31Whether you where it -- were in new york dairy country or elsewhere, you cannot get americans to do this work.
04:07:38>> Ok.
04:07:39Senator mccain, have you speak to speaker john boehner -- heavy spoken to senator john boehner?
04:07:48>> Something that needs to be done.
04:07:52Real quick.
04:07:53The environment has changed since 2007.
04:07:56That is why we are guardedly optimistic.
04:07:59There are a whole bunch of things out there that we have to avoid or diffuse.
04:08:04I am confident that cautiously optimistic we can get this done.
04:08:11If we do not, I think it will have ramifications, not just for republicans but for the entire country, and to have a country with 11 million people living in the shadows is not the type of country we want to teach our children about.
04:08:25>> What is the path to getting this through the house?
04:08:33>> I think probably one of the scenarios is a majority of democrats in the house and a significant and maybe a majority of republicans in the house, i would not anticipate a unanimous republican support, but I think there can be significant support.
04:08:51>> A larger number of republicans we get in the senate, the more likely it is we will pass it, and second, going through the process, going through the floor and allowing them, it will help us homeless.
04:09:06We are going to get some amendments from very conservative members and very liberal members, and it will help refine and educate the house members about what this bill is all about in ways where it may be just as going to talk to them could not, and so i think that those things are important.
04:09:25A good number of republicans go through the regular way.
04:09:29>> Asking a question, which i think is a safe topic for overtime questions, but first, what did I miss?
04:09:37Is there something that should be button down here that I did not ask?
04:09:47>> Moderate read state democrats from montana, those that voted against the plan in 2007 -- >> I am not going to speak for any individual senator.
04:10:01Look.
04:10:01We are going to get the overwhelming majority of senators, but we do not expect to get them all, so we will need a number of republicans to vote for the bill to get 60.
04:10:11>> All of the young people have a copy of the politico, which is required reading.
04:10:17There will be a written quiz on today's edition.
04:10:22[Laughter] >> senator mccain, you mentioned kennedy in your remarks, and it was talked about senator schumer becoming the deal maker.
04:10:37He had influence with his democratic colleagues and the ability to reach across the aisle, so it is worth asking, is chuck schumer the closest thing to that right now?
04:10:48What did you learn from senator kennedy, or what part do you think he will play?
04:10:55>> I think senator schumer is assuming that role.
04:10:59It takes years, and I think chuck would agree with that, but he is certainly off to a very healthy start.
04:11:06One thing I noticed is that he is very shy and retiring, and it is hard to give his real views out.
04:11:17>> In brooklyn, I am known as shibe.
04:11:20They are much more oppressive than I am.
04:11:23>> A trait that senator schumer and senator kennedy share is that, number one, they know exactly where they stand, number one, and number two, they will not change.
04:11:35They do not go back on their word.
04:11:36Those are the keys to success.
04:11:38>> Senator kennedy was a giant.
04:11:42He was my mentor.
04:11:43I admire him.
04:11:45I am a long way from him.
04:11:46>> There is a house grip -- are you guys staying in touch with them?
04:11:52Are you staying on the same page?
04:11:54>> We are going to.
04:11:59We just came out with guidance, so we need to take something to our house counterparts that we can agree on, but we want to work.
04:12:09We absolutely do, despite the traditional senate snobbery.
04:12:13>> We have not talketo this group.
04:12:20I have stayed in contact with senator durbin and menendez.
04:12:25They have been very supportive of what we have been doing, even if each specific is not something they support.
04:12:32>> That is a hard part of your role.
04:12:35You are kind of the bridge between the senate deal and what the white house and the left want.
04:12:43How do you pull them back?
04:12:44>> Well, first, the desire to get a bill.
04:12:50We have been through this so many times.
04:12:53As john mentioned, a bill that passed and did not do their job.
04:12:57And more recent attempts that did not get anywhere.
04:13:01Just think of yourself as a hispanic leader.
04:13:04You have all these people knew you know and deal with and talk with who are in the shadows.
04:13:13They are desperate to live a life and the americans the way the other 300 million americans are.
04:13:23We are willing to make a compromise.
04:13:25This is chuck schumer, but it is almost all of the democrats and the president, and the bottom line is a path to citizenship.
04:13:35They have so far, and I believe it will continue, given us the kind of flexibility we need to get a bill done, because not everybody agrees with me, agrees with john, or agrees with the head of a group or another.
04:13:50>> As we say goodbye, sunday's super bowl.
04:13:55Senator mccain, you have a lot of sports packages.
04:14:02>> Yes, I am a big sports fan.
04:14:07Mediocre athletes are the biggest bands.
04:14:10That is what I was.
04:14:12But, you know, nobody thought the ravens would get to where they are, so I am kind of rooting for them.
04:14:24>> Let's get predictions.
04:14:27>> Close, a couple of points.
04:14:29>> But you are going ravens?
04:14:33>> Yes.
04:14:33>> Senator schumer?
04:14:36>> I went last year.
04:14:37I am a giants fan.
04:14:40I live and breed the giants.
04:14:43It was one of the greatest experiences of my life.
04:14:48I was not going to go, and it is expensive and everything else, and my wife said, "you love the giants.
04:14:59You may be dead before the wet -- before they win the next " [applause] that was good logic.
04:15:10So I went, and I loved it.
04:15:12One of the things I am looking forward to is to see beyond saying -- beyonce.
04:15:23I think she did a great job at the inauguration.
04:15:29I look forward to seeing her in new orleans.
04:15:33She won me over early in my career.
04:15:36This story in "the post" was just made up.
04:15:39>> There was a story that said she had to apologize to senator schumer, and just to go behind the curtain, it was said that you angrily admitted.
04:15:53>> I was on the way out, and someone said, "has beyonce " I was doing a press event about sandy.
04:16:06It was sunday morning.
04:16:07And on the way out, she put the microphone forward and said, " and I said no, and the headline was, "chuck schumer demands " joe flacco is from new jersey, almost new york.
04:16:29>> That is sufficient reason.
04:16:31Two point.
04:16:35-- Points.
04:16:39Thank you for coming out.
04:16:41Think bank of america for making these fantastic conversations possible, and thank you, senator schumer and senator mccain.
04:16:48Thank you all.
04:16:50[Applause] [captioning performed by national captioning institute] [captions copyright national 2013] >> I will see you next time.
04:17:05>> Up next on c-span, former bush administration commerce secretary carlos gutierrez talks about is a group of republicans for immigration reform.
04:17:16Later, the president's state of the union address.
04:17:21How foreign and defense policy will be handled.
04:17:23And then former representative gabrielle giffords, her husband, mark kelly, and wayne lapierre testify on gun violence.
04:17:36Massachusetts governor patrick appointed the chief of staff as the interim senate replacement for a senator john kerry, william cowan.
04:17:48You can see the entire event on our website at c-span.org.
04:17:57>> I am not running for office at any time now or in the future.
04:18:08The governor actually offered me this opportunity yesterday.
04:18:12I was aware that I was among the list of candidates, but as many of you know, I have focused since november on planning my return to the private sector, and that is what I had been focused on literally until that day.
04:18:27So -- >> what can possibly get done?
04:18:35>> There is much to be done.
04:18:38As I mentioned, I am not going by myself.
04:18:41We have one of the most experienced congressional caucuses that is in congress.
04:18:46I am going to work with them.
04:18:48I look forward to working with senator warren.
04:18:51Good news for all of us is that I will have the benefit of senator john kerry's outstanding staff both here in the state of massachusetts and in washington, , so while there may be a bit of a learning curve while i find my way around the building, when I get to the office, I know I will be met with very experienced staffers they know i want to keep moving the agenda forward very much in the way senator john kerry has.
04:19:18or, an interview with stanley mcchrystal.
04:19:25He is interviewed by an author and journalist about his military career and his time as forces in afghanistan.
04:19:34Life thursday at noon eastern on booktv.org.
04:19:39-- Live thursday.
04:19:43Thursday, one day before stepping down from her position as secretary of state, hillary clinton speaks at the council on foreign relations.
04:19:52We will have live coverage eastern on c-span.
04:19:58>> John mccain's 2000 campaign, when he ran for president, is the most memorable campaign of any that I have ever covered, and it was just -- we will never see it begin.
04:20:15There he was, facing george w.
04:20:18Bush, who had all of the face cards of the republican party backing him, the three republican governors, new hampshire, and all of the money, and john mccain went out and held over 100 town meetings, and he stayed until every question was answered, and you would see the light bulb.
04:20:41They would ask, "when are we going to get a patient's bill of " and he would say, "we are never going to get a patient's bill of " he was totally open to the press.
04:20:56I mean, there was a candor and an openness, sort of a welcome this week to welcomeness that no one has seen -- there was sort of a well, ness that we did not seen before or after.
04:21:16>> Now, more on immigration reform with former bush administration commerce secretary carlos gutierrez.
04:21:23He talks about his work with the super pak republicans for immigration reform.
04:21:29From "washington journal," this is 40 minutes.
04:21:40 carlos gutierrez was commerce secretary in the george w. bush administration.
04:21:43Now he's with the group republicans for immigration reform, which he co-founded.
04:21:45Thanks for joining us from new york.
04:21:47This morning.
04:21:50Guest: a pleasure.
04:21:55 the headline in the baltimore sun today -- secretary, what do you think about the president's remarks yesterday?
04:22:01It sounds like he will let congress take the lead if they can get rolling.
04:22:04Principles are pretty straightforward and very similar.
04:22:09You know,it's pretty easy to agree to a set of principles.
04:22:12The real crunch will come in when you get into the details and when you get into the actual writing of a bill, which the last time was 700 pages.
04:22:25It gets into a level of complexity that sometimes we disregard.
04:22:28I don't think that's the part about a threat of sending his own bill was necessary.
04:22:35If we get to the stage where the president has to send his bill because the senate is not making progress on their bill, then I think we are done.
04:22:57Then it's probably going to be another five years before we get to this again.
04:22:59I think that was the kind of threat that you could make, but no one wants to be in that position.
04:23:04The important thing is to have unity of purpose, get together and to do a bipartisan approach, and get this done.
04:23:09Both sides are going to have to a lot of compromise.
04:23:10 let's listen to president obama's remarked yesterday in las vegas.
04:23:13[Video clip] >> every day, like the rest of us, they go out and try to earn a living.
04:23:17Often they do that in the shadow economy, a place where employers may offer them less than the minimum wage or make them work overtime without extra pay.
04:23:31When that happens, it's not as bad for them, it's bad for the entire economy, because all the businesses that are trying to do the right thing that are hiring people legally, paying a decent wage, following the rules, they are the ones to suffer.
04:23:44They have got to compete against companies that are breaking the rules.
04:23:47The wages and working conditions of american workers are threatened as well.
04:23:56If we are truly committed to strengthening our middle-class and providing more ladders of opportunity to those who are willing to work hard to make it into the middle class, we've got to fix the system.
04:24:07We have to make sure that every business and every worker in america is pulling by the same set of rules.
04:24:15We have to bring in the shadow economy into the light so that everybody is held accountable.
04:24:20The businesses and the immigrants getting on the right side of the law.
04:24:29Common sense.
04:24:30That's why we need comprehensive immigration reform.
04:24:35 president obama speaking yesterday.
04:24:42Secretary gutierrez, the wall street journal has a piece today called "obama's immigrationwere there warning signs in with the president said?
04:25:13 he did have this threat of his own bill and things like but there's no question that we need low-skilled workers and we need high skilled workers.
04:25:26We have to really sell on what -- settle on what it's temporary, for temporary workers there must be some market flexibility.
04:25:41May have someone here on a temporary basis but to as great leadership skills.
04:25:44The employer wants to promote them.
04:25:46It's unfortunate the then that they have to go back because they're only temporary.
04:25:50So I think there has to be simplex ability in the system.
04:25:56These issues you mentioned, they are so close that this is the kind of compromise that we need.
04:26:04If the president has to compromise on a guest worker program or maybe having some triggers for the border before we start allowing people to get in line for green card, those should be easy things to compromise.
04:26:22The important thing is to get the reform, to move forward, as the president said, and not get stalemed and use this as another political ploy to hurt republicans.
04:26:34The important thing is the country and the progress on the policy.
04:26:38 here is what a republican of texas had to say about the senate immigration proposal that we saw two days ago.
04:26:48What is your opinion?
04:26:49 what I say to my colleague, my republican colleagues, congressman smith, we cannot continue to dismiss every type of reform and every time we try reform with the " what I will say to my republican colleagues, we cannot continue to dismiss every type of reform, and every time we try reform with the word amnesty.
04:27:38If we continue to do that, we will be sitting here in 20 years.
04:27:42The complexity of our system will be out of control.
04:27:46We will not be competed with the rest of the world.
04:27:48They will be doing a lot better than we are.
04:27:57With all respect, I don't buy it.
04:28:01The definition of amnesty is a full pardon with no penalty.
04:28:06No one is talking about that.
04:28:08No one is talking about handing these folks a passport.
04:28:12No one is talking about a full pardon without penalty.
04:28:16That to come forward and do a background check, they have to pay a fine of back taxes, and then they can achieve legal status, if they want citizenship, which not all of thedo.
04:28:33There is a separate process for that.
04:28:36One of the principals is, they have to get in line and wait their turn.
04:28:46We were beyond dismissing issues of natural consequence and a huge economic consequence of the future with one word.
04:28:56I say that on both sides.
04:28:57We've got to be thoughtful and be strategic, but I think we are at the stage where we need more than one word here.
04:29:06We've got to debate this and come to a way of fixing our system.
04:29:14>> Here are the numbers to call.
04:29:16We have a line set up for legal and illegal immigrants.
04:29:45Democrats, 202-737-0001.
04:29:46Republicans, 202-737-0002.
04:29:47Independents, 202-628-0205.
04:29:48Tell us about the group you co- founded.
04:29:49 it is a group to reach out to republicans to provide support to those republicans who want to support immigration reform.
04:30:08This is first and foremost an economic priority.
04:30:09We cannot grow without immigration.
04:30:11Have proof of that.
04:30:15Anytime we have clamped down on immigration, we have seen it in our economy.
04:30:25This is a first and foremost an economic imperative.
04:30:28Many republicans know and see that.
04:30:33We would provide the marketplace with education materials so that people understand this is the right thing to do.
04:30:45We have agreed we're not going to put people on buses and 747's.
04:30:57We're also not going to say, this is a passport for everybody.
04:31:02We know the solution is in the middle.
04:31:08That is what we have to work on.
04:31:12Rejecting a notion because of a lack of conviction for immigration is going to make matters worse.
04:31:24We have a disadvantage versus canada and australia.
04:31:28They have updated their system.
04:31:30Hours dates back to the 1950's, 1960's, 1970's, and 1980's.
04:31:36 to take a super pac aimed at electing republicans dedicated to reforming immigration.
04:32:05Let's go to the phones.
04:32:14Caller: good morning.
04:32:16I would like to set the record straight.
04:32:21There are not 11 million illegal aliens in this country.
04:32:27There were more like 26 million.
04:32:31Obama wants to extend the invitation to come there to these people's families.
04:32:44We could end up with 35 million people.
04:32:4670% Of the people are from mexico and south america.
04:32:48This is why obama was able to get back in as president.
04:33:00We should not be in a position where one ethnic group is able to determine the outcome of election.
04:33:1547% Of these people are receiving some form of public assistance.
04:33:21 we will get a response from secretary gutierrez.
04:33:23 I don't know what the source of your numbers are.
04:33:25I have never heard those numbers.
04:33:26They sound incredibly inflated.
04:33:31The thing about immigration that we should think about is that the reason we have undocumented workers in the country is that our laws are dysfunctional.
04:33:42If businesses cannot hire a worker with documentation, either they go out of business or they hire whoever they can.
04:33:59These folks have come to the u.s. because their jobs.
04:34:01They did not come seeking welfare.
04:34:07Undocumented unemployment is lower than the national average because they come to fill jobs that would be vacant if they were not here.
04:34:22When the job market is no longer market, they will not come.
04:34:27We need to fix our laws so are system enables us to bring in the workers we need to grow our economy legally.
04:34:41 the caller mentioned the term 47% above those who use public services.
04:34:47That is a phrase mitt romney used.
04:34:53You were working with the mitt romney campaign.
04:34:57There was some criticism since the campaign wound down.
04:35:04 we have talked about the process -- the governor had to take some positions in order to get nominated or to be the party's candidate.
04:35:22Then take different positions in the national election.
04:35:29That is a system the party should be talking about.
04:35:35It is very tough in this day and age.
04:35:39The idea of self-deportation.
04:35:45I think it was very poor advice.
04:35:47What it said to immigrants was get out, we do not what you here.
04:35:54He talked about having a comprehensive reform plan in his first year.
04:36:12People were still asking about his statement of self- deportation.
04:36:17I think that was a part of whatever criticism I may have had.
04:36:25I believe we misread the immigrant population.
04:36:36They would say in polls, we want education and immigration would be number 5 or number 6.
04:36:42Immigrants are not worried about that anymore, they are that's not true.
04:36:50Immigrants want them to know and the word get those vibes from our party and our candidate.
04:37:09It is a feel that people have about who wants to be in this country.
04:37:18 teresa is a legal immigrant.
04:37:26Good morning.
04:37:28Caller: good morning.
04:37:31I have been in this country for 12 years.
04:37:39I did my master's and then my ph.d.
04:37:41Right now I'm working with an h- 1 visa.
04:37:45I have tried to apply to a waiver.
04:37:52They keep on refusing me.
04:37:55I have my ph.d.
04:37:59I'm becoming so frustrated.
04:38:01It is easier to become an illegal immigrant in this country.
04:38:11It sends a message out there.
04:38:12Don't go through the line.
04:38:15It is so frustrating you try to do the right thing.
04:38:22They take somebody's social security number.
04:38:27There are americans in this country that do not want to work.
04:38:33It is easier to do things the illegal way.
04:38:39They should find a way to help people that want to go through the right system to be legal immigrants.
04:38:52I have spent almost $20,000 and that is from private loans.
04:38:56You are taking loans and you cannot pay for it.
04:39:02It is beneficial to be an illegal immigrant.
04:39:12Host: thank you, teresa.
04:39:13 it is an excellent comment and a great example of what is wrong with our system.
04:39:21To follow legal channels has become more difficult then to find a way of going around the rules.
04:39:37The rules and laws do not work.
04:39:38They are too bureaucratic.
04:39:40You have to go through four different agencies.
04:39:47Four months go by and the harvest is over.
04:39:55The system is not helping her.
04:39:57Our quotas for that segment of immigration are too low.
04:40:07We need to increase those.
04:40:10We have companies that are building research and development centers in canada.
04:40:21It is a great example of why we have to fix the legal immigration system to prevent the undocumented immigration system.
04:40:34 carlos gutierrez is the co-founder of the super pacs, as been for immigration reform.
04:40:42We have some comments on this is from rick.
04:40:48Tj says -- host: velo tweets in.
04:41:04Diana from tampa.
04:41:15Caller: thank you for having me.
04:41:17I believe he is from cuba.
04:41:27My husband came here over 30 years ago from cuba.
04:41:30He is not seen his daughters or grandchildren.
04:41:32He pays $400 every year just to stay in the united states.
04:41:39We need to open up to cuba.
04:41:44The economy there has been such a struggle.
04:41:52We should be more empathetic to the spanish people.
04:42:03Most of these companies that hire undocumented workers, most are republicans.
04:42:12I think they play on the other side of the fence.
04:42:18They wanted to immigration but the pay them $5 or $6 an hour.
04:42:24I believe the mexicans that want to work hard, we should have them stay here and try to get their citizenship.
04:42:39Thank you.
04:42:43 if I could say to the caller, when I came from cuba, we are immigrants and political refugees.
04:42:59One thing I remember about the country was help welcoming it was.
04:43:16I felt that people wanted me to succeed and people would celebrate my success.
04:43:28I did not speak a word of english.
04:43:31But people were welcoming.
04:43:32In the case of the undocumented workers, there is a bigger argument here, I think it is a time for national reconciliation.
04:43:37These folks across the border 10, 15 years ago or five years ago.
04:43:39Some people come through airlines.
04:43:45"Go north and you can find a " they found employers that were willing to hire them.
04:43:57They had to be hired.
04:43:59The legal processes do not work very well.
04:44:05Some do not work at all.
04:44:07They have been making our produce and growing our fruits and vegetables and mowing are lawns, doing all these things we take for granted.
04:44:24There is something unfair about putting all the burden on the one individual who came over to do just one thing and that is to work.
04:44:36I think we have to come to grips with that.
04:44:42There is a matter of national character and honor that says we have to admit we have a problem.
04:44:51We are all accountable.
04:44:53Let's work together to get this fixed.
04:44:56I would like to thin history will look back and say that was a moment of great character for and not a blemish on our history because we do not have a great history when it comes to low-skilled immigration or new immigrants.
04:45:23It happens to be hispanic immigrants.
04:45:31Go back 50, 60 years ago.
04:45:34We went through the chinese exclusion act.
04:45:39Every group has faced the problem.
04:45:48The power of immigration has always won out.
04:45:53Belief in our system.
04:45:56This idea that immigrants will change our language and take over our cultural is a lack of confidence in the american magic.
04:46:07 and want to be american.
04:46:11They want to be part of the mainstream.
04:46:19We only speak one language.
04:46:21Chinese companies can read our plans but we cannot read theirs.
04:46:32We should have more faith in american society and this incredible experiment that has been american democracy.
04:46:43People come here and become americans.
04:46:49That is our great advantage.
04:46:54 a headline in "national " looking at a chart from " 131 of the house republicans represent districts that are mostly white.
04:47:29Republicans have the majority of those.
04:47:33The numbers diminish.
04:47:37Is there any incentive to vote for immigration reform?
04:47:40Guest: yes, absolutely.
04:47:49If we are the party of growth and the party of prosperity and free markets and individual opportunities, then we must be the party of immigration.
04:48:06There is a strategic inconsistency of being the free-market party and individual opportunity and upward mobility and all the great things our free-market system can do and not be the party of immigration.
04:48:24So immigration is an important economic imperative.
04:48:33I am pleased to see it members like paul ryan, who is a leader.
04:48:36People will follow john mccain and marco rubio and others.
04:48:41It is the right thing for our country and the right thing for our economy.
04:48:51Republicans have -- should have more interest in getting this reform passed than democrats.
04:49:01I think we won it for all the right reasons and that is because we want the hispanic votes.
04:49:16It is the right policy.
04:49:17 we must do better at has a different opinion on twitter.
04:49:26Let's go to ann in florida.
04:49:28Good morning.
04:49:30Caller: good morning.
04:49:33I think you're the most wonderful example of immigration in our country.
04:49:46I am a little nervous.
04:49:47I am a republican.
04:49:48I was concerned about the speech by marco rubio.
04:49:52How do you think our current administration president is going to follow in forcing identification?
04:50:03I'm in florida.
04:50:05How the enforcement by the republican platform that they unveiled will be addressed in terms of following our border rules and that sort of thing.
04:50:30Thank you.
04:50:34Guest: thank you.
04:50:38That is a good question.
04:50:43Senator rubio issued a press release talking about that aspect of it.
04:50:49The president did not identify border triggers before we allow legazed undocumented workers to apply for a green card if they choose to do so.
04:51:06The subject of a security is the essential.
04:51:10No country in the world needs to be apologetic for one to secure its borders and to know who is in the country.
04:51:21That is a right of every sovereign country.
04:51:31Our situation is complex.
04:51:32It is the borders and the airports.
04:51:39A lot of it is a system of the physical border but also being able to track who enters at an airport, the visa expired but they have not left.
04:51:51We have a lot more technology than the last time we tried this.
04:52:01We can do things like provide the private sector with verification tools that enable you to get a match on a social security number, and we should put that technology to work.
04:52:18It is the border and the airports and verify who is in the country and applying for work.
04:52:27We have the technology to do it.
04:52:28We to ensure we get this done in a way that makes sense for our system.
04:52:37That will help us in many years if we have that kind of system.
04:52:45President obama promised he would do this in his first year.
04:52:47He did not.
04:52:50The worry is we go at this again and it doesn't work.
04:52:56The president gets all the political points.
04:52:58The republicans get all the political blame.
04:53:04A political victory but not a strategic victory for the country.
04:53:15We need to make this a national purpose of policy and not an exercise in politics.
04:53:26I hope we'll keep our eye on that.
04:53:28That is going to be the big challenge.
04:53:33Host: we have an idea from jbc.
04:53:42Al in rhode island, hi, al.
04:53:46Caller: good morning.
04:53:47Thank you for c-span.
04:53:53The american people want immigration but they want legal immigration.
04:54:01We do not one no favoritism for anybody.
04:54:06You talk about language.
04:54:09The chinese came here.
04:54:11It is not right.
04:54:18This president is so far off the ball.
04:54:27We will bring 11 million more people into this country when we don't put those people to work first?
04:54:34I did not think that is right.
04:54:41We have other problems that are more important.
04:54:51We're flooding this country with unskilled workers.
04:54:56 the only reason on skilled workers come to this country is because there is unskilled work that needs to be done that frankly americans do not want to do anymore.
04:55:10Go back decades, there was a time when you worked on the family farm.
04:55:17There was a time somebody would be a truck driver.
04:55:22That is life and my kids will do better.
04:55:27Americans are very different today and their skill levels is higher.
04:55:37These are job openings that the economy has.
04:55:41If we went back 20 years, we would not have grown as fast as we have grown.
04:55:50As part of this national reconciliation and being big about this, these undocumented workers have made a tremendous contribution to our economy.
04:56:04People like to talk about fairness.
04:56:10All of a sudden we say, get out.
04:56:16I think we have to do the right thing for the brand equity of the u.s.
04:56:33 did you want to respond to a tweet about getting the border part done first?
04:56:46 until we fix our laws, we will not care rid of undocumented immigration or illegal immigration.
04:56:58The reason we have illegal immigration is because we do not have legal processes to be able to bring people in.
04:57:10It is like our laws do not recognize that immigration is an annual affair.
04:57:19We need immigrants every single year.
04:57:26Our work force has to be growing every single year.
04:57:30Unless we have that understanding and to make up for that reality through our laws, we are going to have a dysfunctional system.
04:57:45I agree with the caller.
04:57:49Border security and being able to decide who comes into the country is very much our obligation and right.
04:58:00Unless we fix our laws, congress is making it difficult to stop immigration.
04:58:06Host: mike is our last call.
04:58:14 I am a democrat and african american in this country.
04:58:22The congressman that yelled "you lied" to the president -- I wonder if he tells the truth.
04:58:3211 Million illegal immigrants staying in this country.
04:58:42Will they qualify for obamacare?
04:58:46When you say immigrants, she know the people are talking about illegal immigrants.
04:59:00They are not talking about legal immigrants.
04:59:08Guest: that is a good point.
04:59:10Part of this issue is not just what you do about the 11 million undocumented.
04:59:16They are here and working and have families.
04:59:19The point about obamacare -- the president talked about entitlements if they choose to get in line and apply for a
00:00:00European countries because of the entitlement systems.
00:00:06They go for the wrong reasons.
00:00:10I would hate to think future for our entitlements.
00:00:16It has never been that way.
00:00:17They come here to work.
00:00:20They know their children will do better than they will.
00:00:27They also want to dream.
00:00:28We want to be careful about what kind of a country we are.
00:00:34People are going for the entitlements and not the work opportunity.
00:00:46 secretary carlos gutierrez, thank you for joining us this morning.
00:01:01On the next "washington journal, auto industry.
00:01:08We'll preview what is expected for car sales this year and talk about all rossetti in federal regulation.
00:01:14Our guest is matt blunt.
00:01:22Washington journal is live on c- span every day at 7:00 a.m.
00:01:29Eastern.
00:01:35Wednesday, senior executives at honda and chrysler endorse new regulations on gasoline.
00:01:43You can see the entire event at our website, c-span.org.
00:01:53>> Given the fact that gasoline seems to be the dominant choice of fuel for the foreseeable future, as we talked about in the previous panel, moving forward on regulations to lower the sulfur in gasoline at a hollywood to the white house review today after being a little bit delayed because of the presidential election.
00:02:14Nobody wants to be perceived as creating higher gasoline prices.
00:02:20I would like to hear from the automakers about what your position in on these regulations and why you think these are important steps to take.
00:02:36>> Just by the nature of how it worked out, epa did join the debate, as we start working towards national standards at that time.
00:02:51We have been supportive of having those rules released a year ago.
00:03:00Fuel is a very important feature and the sulfur content -- they need low-sulfur fuel to live.
00:03:16It's great to see that potential coming.
00:03:21The next that has to be opening it up to lower carbon fuels in general and that will be the discussions we have over the next few years.
00:03:32>> Tier 3 is really about two things.
00:03:39Lower sulfur, which is required to get the lower cost catalyst so that we can burn the gasoline as cleanly as possible, and about phasing in -- california has a cleaner regs, and we are all in favor of having won national program which consistent rules, regardless of the state.
00:04:16It is really about getting california level fuels' and we are all very supportive of it.
00:04:24Will be a trivial amount of increase in the cost of gasoline and I think everyone should be supportive of it.
00:04:33>> Coming up next, a preview of the president's state of the union address and how foreign and defense policy will be handled.
00:04:42Then senator kirsten gillibrand discusses bipartisan safety legislation.
00:04:49Later, former representative gabrielle giffords on gun violence.
00:05:00>> On thursday, a hearing on workers and retirement savings.
00:05:05Live coverage from the senate health education and labor and pynchon's committee.
00:05:1100 a.m. eastern on c-span3.
00:05:20>> We are the best country in the world.
00:05:26What a marvelously stupid thing to say.
00:05:29Of all the countries in the world, pretty good.
00:05:36What we have to believe that we are the best?
00:05:44What does that mean?
00:05:49And once we have to assert it all of this time?
00:05:54What does it mean to other people?
00:06:02American products go around the world, so you are observed by people in every corner of the world.
00:06:13And we teach them not to like us.
00:06:17Gratuitously.
00:06:20>> Randall robinson, taking your calls, e-mail, facebook comments, and tweet sunday at noon eastern on book tv on c-span2.
00:06:39>> President obama is set to deliver the state of the union.
00:06:46A discussion on how foreign policy and national security issues will be handled in the president's second term.
00:06:54This is an hour and 20 minutes.
00:06:56>> Good afternoon, folks.
00:07:07Good afternoon, folks.
00:07:10Can I get everyone to sit down and to quietly?
00:07:13Thank you.
00:07:14I think we are going to start here.
00:07:23Good afternoon, everybody.
00:07:27I am the vice-president for foreign defense studies at the american enterprise institute.
00:07:32Welcome to the first in our annual series of state of the union policy events.
00:07:38Every year, aei scholars come together and we look forward to the challenges of the year ahead and policy questions that have been raised and are likely to come up, and try and look forward a little bit, think a little bit about what the right answers are to the questions that are being posed.
00:07:57It is and as the events we do with only aei fellows.
00:08:02We are happy to be -- together with them.
00:08:05I will lay out what the other events are at the end of the session.
00:08:08Let me introduce those who are here with me at the table.
00:08:11On the far left, so to speak, is a resident scholar at aei in asian studies.
00:08:25He specializes in japan.
00:08:27Next to him is fred nagin and executive director of our critical brett project.
00:08:39Next to me is tom donnelly, co- director of our center for security studies.
00:08:48We are going to try and have a bit of a conversation here, although because we have three microphones, apparently from the year 1974, that may be a little bit difficult.
00:09:00I know you will be patient with us as we try and go back and forth a litt bit and make it a little bit more likely for you.
00:09:22We have an audience on the outside, so we will talk a little more fully and less in shorthand about some of the issues that are familiar to all of you.
00:09:33Sequestration, things we can refer to in a word.
00:09:35I will ask my colleagues to be a little bit more fulsome in describing themselves can have a complete discussion with the rest of the world who watches this on streaming video.
00:09:46In any case, we have the state of the union address coming up soon.
00:09:50I suspect that much like the inaugural address that obama gave, it will be pretty light on national security, of this national security is not really a huge priority right now.
00:10:02We are nation-building here at home, something that not just candidate obama, but also candidate romney, agreed about.
00:10:12We are looking at unprecedented cuts in spending on national security.
00:10:16We are looking at the prospect of drawing down from afghanistan.
00:10:23We are looking at a lot of changes.
00:10:25Not just here in the united states, but in the world.
00:10:29One of the questions I know that we have is whether we are ready for the exchanges.
00:10:35I suspect that most of us believe we are not.
00:10:38Tom, make -- maybe you could start as out and talk about the sequestration that paul ryan told us this weekend is going to happen.
00:10:50>> It is a prediction that at this point seems like a certainty, but I would argue it has been a near certainty once beat sequestration provision was written into the budget control act.
00:11:10I will talk a bit about sequestration per se, but i would regard it as a symptom and not the disease itself.
00:11:18The disease itself is erosion to the point of vanishing, almost, of the bipartisan political consensus for military string, for peace through strength, as people used to say.
00:11:35That is really something that over the course of my career has been a touchstone, something that people could build upon.
00:11:43You could argue about what kind of strength we could have, the quality of the strength, these bert -- these forces versus those forces.
00:11:56There was a bipartisan condition that american military power was a necessary condition in a dangerous world.
00:12:02And that was a good thing.
00:12:04I think both those underlying pieces of political consensus have evaporated.
00:12:13Let's talk a bit about sequestration and the gruesome budget numbers the defense department faces.
00:12:19 ryan has acknowledged, again what I would say has been in the cards from the start, that there is going to be yet another round of defense cuts this year, about $55 billion will be sequestered, in ways that will be equally injurious to the department.
00:12:46It is not just that this is an automatic, across-the-board meat cleaver approach, but there was some wiggle room granted to the president, particularly, he has chosen to preserve personnel benefits.
00:13:03The cuts that have to be made coming as they will, about halfway through the budget year will fall disproportionately on weapons procurement and research, but in particular, on the operations that go for making trained and ready units for deployment.
00:13:26Because the set of accounts also includes things that are sort of automatically of certain amount of health care spending for defense health programs, it means that an even larger burden will fall on those relatively rapid spending accounts that are most directly associated with making units ready to deploy to combat theaters.
00:13:52I am sure the department will say -- in fact last week, karen did he said we will manage these cuts in a way that non critical readiness accounts will be protected.
00:14:08When you come down to it, there's not much that is not preclinical to readiness.
00:14:15-- That is not pretty critical to readiness.
00:14:20Buying ammunition and gasoline, paying the contractors who run the ranges, who masquerade as enemy combatants at training centers, and so on and so forth.
00:14:33The idea that this is not going to have a pretty quick effect on combat effectiveness of guys and gals going into harm's way, that is just eight fiction.
00:14:48-- That is just krugman.
00:14:53-- Just a fiction.
00:14:58It is more likely that the president's 2014 budget will chart a course forward for the defense department's, where in sequestration level spending becomes the ceiling and not the floor.
00:15:13We have no real clue what his thinking is other than what he has revealed in his inaugural speech.
00:15:19But he is not a guy who believes the tide of war is receding, and even if it is not receding, there's not much of a war that the united states should get involved in.
00:15:32Therefore, we can afford to reduce military spending investments in military power, reinvest it elsewhere, not so much cut the deficit, but use the money saved for his priorities, his domestic priorities.
00:15:58>> This is the problem with some of us having three mics.
00:16:08Part of the problem is that -- the notion that we do not have wars we want to fight.
00:16:17In some ways that is an acceptable notion.
00:16:20A man who was selected as commander-in-chief gets to make those decisions.
00:16:28In some ways he is absolutely right to suggest that he has a mandate in these areas.
00:16:33The real question is the impact these decisions have on the environment that the u.s. is in.
00:16:39For most of history, we have maintained a strong military, not so that we can fight, but so that we can not fight.
00:16:48The other.
00:16:49That time made that is important -- the other point that tom made is to understand what is involved in military operations.
00:17:06There is a piece on the web that explains exactly what it is we can do with the troops we have at the president makes critical decisions about afghanistan.
00:17:17It is not just about bureaucrats .
00:17:21Fighting a war is a big logistical exercise.
00:17:26Do you does want to talk about that and several surrounding decisions?
00:17:30>> We have become very accustomed to throwing around numbers of troops, and people have gotten way too comfortable with pulling numbers out of the air and discussing them as though they were serious.
00:17:41The effect of that is that very few americans actually understand that there is a method for figuring out how many troops are actually needed to accomplish something.
00:17:52When the recommendation comes from a military commander, this cannot just, as this white house seems to think, the commander asking for everything he thinks he might possibly get as a negotiating tactic, because he always wants more troops.
00:18:09It is the result of a very complicated staff process.
00:18:12That can only be performed by military staff.
00:18:15When your numbers coming out of the white house, you should be asking yourself, which military step did the analysis to figure out how many troops are actually required?
00:18:25As an example, when the president talks about keeping 3000 troops in afghanistan, here is the problem.
00:18:33You cannot keep a base in afghanistan with only 3000 troops.
00:18:39Because once you start looking at what the country's requirements are on the ground in order for those troops to be safe, to be fed, to have ammunition, in order for the basic functions of a military organization to be carried out -- remember the troops need to get paid.
00:18:55Forms need to be submitted.
00:19:00Since the days of the cold war, we have report -- regarded as the burtless, are actually vital to keeping things working in the field.
00:19:09When you start asking questions like how many troops would we need a base in afghanistan, you quickly say which bass?
00:19:18Because it matters.
00:19:22You need to be able to land fully loaded cargo aircraft, because it is a landlocked country, which nobody seems to be tracking on in this entire discussion.
00:19:38My colleague and many other seem to have forgotten the value of having a seacoast if you are trying to do logistics from offshore, as it were.
00:19:48There is no offshore in afghanistan.
00:19:50There needs to be a 10,000 foot runway.
00:19:53That means someone needs to secure the perimeter around the runway.
00:19:56That is a big task.
00:19:58We know what the threat is.
00:20:00The enemy groups have repeatedly attacked our bases with multiple cocotte bombs, followed by light infantry, followed by rockets.
00:20:10That is standard practice.
00:20:12We know something about what kind of defensive perimeter is required, and we can count that up.
00:20:18Other things people don't tend to track on, do you want american soldiers in combat to have medical care or not?
00:20:25What is the attrition rate the president is willing to accept among wounded soldiers in the wars to which he has sent them?
00:20:34If you want soldiers to survive the kind of injuries that they encounter in these operations, you need to have a free medical clinic somewhere in that theater.
00:20:44If you have only one base, it must be at that base.
00:20:50A medical clinic is 200 people.
00:20:55We are going to do this all with predators drones.
00:20:58The great thing about bronze is they are unmanned systems.
00:21:06I quote a general on the subject of what a misnomer is to call them unmanned aerial systems.
00:21:10The only thing that is an unmanned is the actual plane.
00:21:14You have ground crews for them because they need to be fuelled, repaired, armed, and you need to have about 50 people on the ground for every four predators that you want to have.
00:21:28None of which is very interesting when you put 50,000 troops in a theater, which is one of the reasons why no one has heard these kind of discussions.
00:21:39When you get to the level of saying I want a cap of 300 troops in the middle of the hindu kush, then you have to start getting into these conversations.
00:21:51Even if by maximum use of contractors or local security forces, we could maybe keep 3000 troops there, to coin a phrase, it would be a self licking ice- cream cone.
00:22:07It would be able to accish nothing other than to defend itself.
00:22:18This is one of the reasons why it is a good idea in general terms to let professional military staff actually go through a technical process and figure out exactly what kind of truth and what varieties are needed in order to accomplish a particular mission.
00:22:35It would be helpful if the president ordering troops into combat would take seriously the kind of assessments that he receives from the people who know how to do this.
00:22:49>> I think fred will have an answer for this as well.
00:22:55It is not just the debate about afghanistan or the wisdom of staying there.
00:23:02It is about the nature of the fight as we move forward, 11 plus year now since 9/11, in the battle against al qaeda.
00:23:12That is the battle that is taking place in afghanistan but elsewhere as well.
00:23:20The new paradigm is special forces.
00:23:33It is that we can do things by remote control and with what i like to refer to as a lot of guys in beards with suitcases full of cash.
00:23:46Then we really don't need the men and women that fred is talking about.
00:23:50Interestingly enough, in the last week we have seen to budget related announcements coming out of the pentagon.
00:23:57I was looking at one just now because I was trying to remember the numbers.
00:24:01The pentagon is beefing up its cyber security force.
00:24:09The other one that is apparently being beefed up in these times of budgetary constraints or the special forces.
00:24:16Tom, would you talk about that generally, and fred, if you talk about that in the broader nature of it.
00:24:27Then we will get to the nonexistent challenge that faces us in asia.
00:24:34>> These new capabilities, cyber operations or whatever you want to call them, are certainly necessary and needed, and our ability to exploit the electromagnetic spectrum configured as the internet is pretty critical.
00:24:53It is not qualitatively different from other forms of intelligence gathering or attempts either by propaganda means or by direct attack took back the military or strategic situations.
00:25:19To some degree it is understandable, but as fred alluded, particularly direct action special operations unit don't just magically appear and sustain themselves.
00:25:36If you have seen "zero dark thirty, is a great picture of how the intelligence manhunt for osama bin laden went.
00:25:53The airline appears at this brown looking base and all these guys start walking out of a tent.
00:25:58How did they get here?
00:26:01Who puts feel in their helicopters?
00:26:03They are sitting around playing horseshoes when they are not going out trying to kill bad guys.
00:26:13The idea that somehow magically they are up on stage is ludicrous.
00:26:21These are amazing capabilities that we have, but if they are not nested in conventional forces, even when a counter- terrorism forces are as effective as our r and as they possibly in the world war can bes not enough to procure the outcome that we want.
00:26:53The guys that are the high value individuals in the tribal areas, there are a lot more guys like that aroundthe larger situation in the region will not get any better.
00:27:11You could treat the symptoms, possibly, at great expense, but we will not secure the underlying disease.
00:27:20Every time we secure the bad guy, they will too.
00:27:26>> I think it is interesting to look back over the last four years outside of iraq and afghanistan and at iraq as we pulled out our forces in 2011.
00:27:39The administration has basically been experimenting with the model of relying on drone strikes and the special forces rate in yemen and somalia and libya.
00:27:53Iraq, we are not even doing that.
00:27:56Syria, we are not doing that.
00:28:02There are more dudes with longer beards and more money.
00:28:06That is a huge problem because they have been preferentially funding jihadis and not the people we would be supporting.
00:28:14That is because we do not like putting boots on the ground.
00:28:21We have not yet figured out how to keep their boots off the ground.
00:28:26You are saying, no special forces, either.
00:28:29You are saying you will vaporize a number of enemies.
00:28:32How has that worked out for us.
00:28:34In the last four years, the administration has seen the single most dramatic expansion under the control of al qaeda in history.
00:28:46We are pricing ourselves now on progress we have think -- we think we have made in yemen.
00:28:56This is one of the things we track closely on the day to day basis.
00:29:03If you look at somalia, the local countries, which are now themselves under terrorist attack, have made significant progress.
00:29:14The notion that some stable government will put an end to what has been a long time of chaos which has allowed this group to persist is questionable.
00:29:27I am willing to predict with a fair amount of confidence that the french raid in somalia, as brave as it is and as much as i like seeing the french go and kill violent islamists, it is unlikely to produce any kind of stable resolution there.
00:29:46In the meantime, we have seen a flood throughout north africa that resulted the way we left behind libya and the failure of the international coalition to take steps to help set up a government company let alone to set -- to secure the enormous arms depots that were there.
00:30:10Al qaeda has infiltrated the spirit it has infiltrated into egypt and I am here to tell you over the weekend, the islamic state of iraq openly announced it had operations against the government after demonstrators were killed.
00:30:34It has been maneuvering small units, picking off iraqi army troops.
00:30:41>> Here is the $64,000 question.
00:30:45The big problem for most am -- it would appear all we ever talk about is endless war.
00:31:11I think one of the failings is making a connection between our interests and what happens in these countries.
00:31:22We often speak of them as if somehow there is an absolute.
00:31:27The vast amount of americans do not give a -- do not care what is going on.
00:31:35The same in iraq.
00:31:37Can you quickly make that connection?
00:31:42>> The problem is it takes one to make war.
00:31:46We can say we think the tide of war is receding and we can persuade ourselves, but if our enemies think they will attack us, we have a problem.
00:31:57All the groups I have identified not only share a common ideology focused on attacking us in our homes, but almost all of them have made attempts to attack us in our homeland and will continue.
00:32:11I am not suggesting there is an easy solution.
00:32:14I am not suggesting I want to invade every one of these countries.
00:32:19The experiment of relying on offshore balancing, drones, and limited special forces operations has failed.
00:32:27We need to find another solution and take the threat seriously.
00:32:31>> Really quickly.
00:32:33At this point, there is almost more problems than we can deal with immediately, simultaneously.
00:32:44The problems that are coming in syria and egypt and iraq, those are traditional power centers.
00:33:03They are developed.
00:33:09Other nations in europe have interests.
00:33:13The saudis have interests.
00:33:16The idea that afghanistan we used to think of as the dark side of the moon, africa is on the other side of the dark side of the moon, it is rugged and remote territory, but damascus is not.
00:33:34Cairo is not.
00:33:35Bank that is not -- baghdad is not.
00:33:44>> Wonder if you would talk a little bit about what we see in the pacific, not just about china, but about some of the problems we are seeing.
00:33:55If you can, link it back to some of the economic questions we face and the prosperity we have gotten used to up to a point.
00:34:10>> You know how asia feels now in these discussions.
00:34:14Waiting for attention to turn to it.
00:34:17When it comes, it is quick.
00:34:22[Laughter] let me mention three things i think will be on the radar that we should be a rate which aware of.
00:34:31Then we can get back to the broader discussion about the economics.
00:34:38If tom was talking about the immediate game and fred the short-term gain, asia sees itself as a short-term game.
00:34:47They've you what is going on there in short terms.
00:34:51Whatever I am about to mention, they do not think it will be resolved tomorrow.
00:34:55They do not think the trends they are dealing with are about to end.
00:35:00It is not just china.
00:35:02It is japan, india, southeast asia trying to understand what the correlation of forces and the balance of power will become.
00:35:12Part of the frustration asia feels is that it is so and media-focused.
00:35:18Understand why that is important.
00:35:20Their concern is that we do not have that same analytical ability to think out as long as they do and look at how this world will look into thousand 30.
00:35:33I think for the most part, the haitians flip through it with interest and do not take it seriously.
00:35:39One of those things I think we should pay attention to that are of a more immediate concern, first, north korea.
00:35:49The second is the china-japan's bat.
00:35:52The third is managing the overall relationship with china.
00:35:57North korea, we seem to be going back into the same dance where we assume we will have an outrageous action by the north koreans.
00:36:10Some type of plea will then be made to come back to the talks.
00:36:16What has changed a little bit is the rhetoric you see coming out of north korea now seems to be sharp.
00:36:24It is not that they have not crawl at the enemy before.
00:36:28It is becoming very directed at .
00:36:32If I were in the minds of the north koreans, I would be more confident to do that because we see success on the fronts they want to have success in.
00:36:42They are now moving along the road where they can think about targeting at least parts of american territory.
00:36:49They do a third nuclear test, moving down the road to westernizing and putting it on these successful missiles.
00:37:03It is hard to overestimate how jumpy this makes the rest of the neighborhood.
00:37:09There is a sense of frustration washington does not take it as seriously.
00:37:15Whether it has been a republican or a democratic administration, the u.s. does nothing.
00:37:21There are no more read the lines asians think we have with regard to north korea when we move on from that -- I want -- the only question I would raise is, are we prepared for when our allies believe they can no longer wait.
00:37:39South korea has made that clear.
00:37:42The japanese with a new administration are making it clear, as well.
00:37:49Between china and japan, there is a group of islands.
00:37:53They sit on rich oil and gas deposits and form the bottom of a rigid and important change that can be used to block the navy from moving into the western pacific.
00:38:06They have been a source of daily confrontations between japan and china.
00:38:13You have two new administrations.
00:38:17There is a hardening of positions on both sides.
00:38:21I have not talked to anyone who takes them particularly seriously.
00:38:27We are one incident away from a major conflict between japan and china.
00:38:31Do I think there will be a war?
00:38:33No.
00:38:35The tensions in both countries mean this would not be an easy area to solve.
00:38:43Whoever backs down, either before or after conflict will lose an enormous amount of credibility.
00:38:52Both sides know that.
00:38:52That is why they are moving forward.
00:38:56The third thing is managing this broader relationship.
00:38:59Here is where I will get back to what danny said.
00:39:05This is the long game.
00:39:07Despite the missteps' you see in china over the past couple of years, where sun sought -- sunshine diplomacy was revealed to the inside and iron fist and a velvet glove, the territorial disputes in the south china sea and east china sea, the pressure being put on taiwan, means china has not fundamentally recalculated its strategic interests.
00:39:35I think you see this in the pronouncement.
00:39:37You see they look very carefully to become an america they firmly believe is retrenching.
00:39:44They believe is impoverishing itself.
00:39:47They believe it is more and more dysfunctional.
00:39:53This goes right to the core of what tom was talking about.
00:39:57The asians can count as well as we can.
00:40:00In fact, better.
00:40:01[Laughter] they know what the numbers are.
00:40:06People ask me about sequestration.
00:40:12They know and they are watching, despite all the red -- rhetoric, that there is a fundamental reality of how many resources you have and the size of the region they are in.
00:40:24To finish up, I have a piece tomorrow talking about the first steps the air force is taking on biting the bullet.
00:40:34It goes right to the core of the concept of readiness.
00:40:38An official told me the other day he is expecting when this hits, when he gets into the timeframe, that he will go down to, at best, 40% combat capable of his forces which have been engaged.
00:40:56The other percentage will go to basic mission cave -- basic mission capable.
00:41:06Our friends understand regardless of what you say, you look 10 years down the line.
00:41:10The possibility or likelihood of america having the same presence it does today is unlikely.
00:41:19>> Let me push back at you with the favored theory of offshore balancing.
00:41:27This is increasingly popular as a contract for american national security.
00:41:34This notion that somehow we can pull back and yet we can leave out.
00:41:44When we are urgently called upon.
00:41:47But we -- when we are not.
00:41:50When it is not a war between japan and china.
00:41:53We can really allow countries to manage their own neighborhood and we can sub contract to regional powers.
00:42:06Russia, eastern europe, china, asia.
00:42:10Since people fail to think through the implications, I want to see if we can play that out.
00:42:16Our asian allies have not failed to think this through.
00:42:19>> There are two problems.
00:42:22One is political and one is practical.
00:42:24Everything you said is right.
00:42:25That falls in the phase zero.
00:42:33If you are not there, present, the agents question extraordinarily why you will come in when the stakes get much higher.
00:42:42They do not need to think out to the existential question, hoping for the good old days.
00:42:52Chinese trading down on them.
00:42:54Does the nuclear umbrella still hold?
00:42:56For them, the credibility is your daily presence.
00:43:00We have already been doing offshore balancing because we have had the filipinos, our allies.
00:43:08They came to us and said, are you backing us up?
00:43:12What are you doing?
00:43:15The administration's response has been, we take no position on issues.
00:43:19We want to see the status quo maintained.
00:43:21I think that is the right position.
00:43:24Is not for us to defend japan's territory.
00:43:28It is for us to understand how the balance of power is changing.
00:43:32By not reacting, we are changing the actions of our allies.
00:43:37China has come out on top.
00:43:39The one that is playing out right now is the most dangerous of them all.
00:43:42The second part of why balancing is problematic is going exactly to what fred is talking about.
00:43:49It is the practical.
00:43:52If you start pulling back from the region and go to hawaii and other region that can be better defended, you have to get back in when needed.
00:44:01It is extraordinarily expensive.
00:44:05Even in a steady state, you have to go back in.
00:44:08That means bringing basis back up to par.
00:44:11That means getting your logistics training going.
00:44:14As you point out, we do not think what it takes in this enormous time from san diego to the moloch a straight.
00:44:24If we come out, the cost of going back in, our friends know it immediately.
00:44:29Even when we have been there for 60 years, how many times do you see a great hole?
00:44:34Not that much.
00:44:36Thousands of miles of water.
00:44:38>> There is another thing you all noticed that we did not bring up.
00:44:43It says something that it did not come up first and foremost.
00:44:46I did not say anything about iran.
00:44:51I spent all my time looking at foreign policy issues and that is one of my issues.
00:44:56That is increasingly true in washington.
00:44:59Is it because we defeated the nuclear weapons program?
00:45:03Is it because our effort of dialogue has born fruit?
00:45:07Is it because the government has had second thoughts?
00:45:11Is it because the europeans and their ongoing dialogue with the iranian government about the nuclear program has been successful?
00:45:20Is it none of the above?
00:45:22The honest answer is it is none of the above.
00:45:25The biggest problem is that there is an incredible blossoming of threats around the world right now.
00:45:35We had a lot to talk about before we could come to iran .
00:45:44Many on the right and left are bored with it.
00:45:49I think the notion is that containment is a very good option.
00:45:56This is the year in which it will get nuclear weapons.
00:46:00For those of you who have a slightly longer memory to remember the united nations general assembly with the cartoon that was drawn and it was said the deadline was the summer.
00:46:18Stop talking about it.
00:46:20We have both read and written on this.
00:46:23I wonder if you would like to pitch a word in.
00:46:28>> I want to throw in a concept I think is important to understand us.
00:46:35We look at this consensus reality.
00:46:37We have decided what ever we all agree on on -- as being what is happening in the world is what is happening in the world.
00:46:46We are not very interested in the intrusions of reality that come periodically but in a limited way through our media about these things.
00:46:57We agree the diplomatic thing will work and the iranians are holding back.
00:47:02That is the reality we are going with.
00:47:04The reality they are going with is they will almost certainly require the -- acquired the ability to detonate a nuclear device this year.
00:47:13They will definitely have the capability to produce the iranian by almost any estimate you want.
00:47:20They should be far enough along in the weapons program to be able to do that.
00:47:26They are farther along than most of the consensus estimates that are periodically leaked by unknown officials.
00:47:35And, you should be aware of something else, which is the estimate of when they will have acquired the ability to launch an intercontinental ballistic missile has not varied over the past few years and has remained constant.
00:47:51That is so far into the distant future we do not need to be concerned about it.
00:47:56The bottom line is when you look at the technical reporting, different from iraq in this regard, we have international atomic energy on the ground every few weeks looking at the instruments and reporting out exactly how muchranian they have an exactly what facilities they think they have they have not been allowed to inspect.
00:48:23They will very likely acquired the capability to have a nuclear weapon and may be the ability to put it on a missile.
00:48:31That is reality.
00:48:33Whatever we might talk ourselves into believing.
00:48:37>> There is at least one american who thinks about iran 247.
00:48:46His obsession.
00:48:48He is being asked to retire early.
00:48:51While he is in command, he has been letting -- letting other parts of his area of operations -- that is where the navy is today.
00:49:20We are happy to look the other way.
00:49:22It just shows you with a limited overall size ofur force today and a limited amount of military resources we have, we are not fully resources in afghanistan or doing any of the other things we should be doing or be able to do across the middle east.
00:49:44Neither are we switching or pivoting to the pacific.
00:49:48When you only have a single chip to play, that danger actually rises to the top in many ways above all other military contingencies.
00:50:06>> It is interesting to me john kerry last week, his ppared statement underscored aggressively the notion the president did not want a containment option for I ran but wanted to see the program ended.
00:50:22Interesting because there is nothing in our policy that underpins that statement.
00:50:28It was a little bit of a disconnect from reality.
00:50:31I like that term, consensus reality.
00:50:34Before we open questions, I want to touch on two questions quickly.
00:50:40Maybe three questions.
00:50:44The first is, what do we learn from the nominations that we have seen in the national- security sphere?
00:50:52Senator kerry has benefited enormously by being the least of the controversial candidates that have been nominated.
00:51:02It is very likely his nomination will fail through the senate with the greatest of ease.
00:51:08The senator has been the most controversial.
00:51:11If he had not been nominated and somebody well qualified and less controversial had been put in place, then we would all be paying attention.
00:51:26He has himself a history of some controversy on both the left and right.
00:51:31If we could talk about what the implications of this art.
00:51:36I will try to put these two questions together.
00:51:43To explain the question better, many of us who work in foreign policy study history.
00:51:50That is what draws you in.
00:51:52In the old days, the appeals were not exactly as embraced as they are now.
00:51:59For those of us who did study history, a lot remember all of these on interesting countries, whether it was a checklist of akia of the time, were the precursors to larger battles that could have been dealt with, had they been dealt with early.
00:52:17I want to think through that where we see things going but we take the nominees and I will throw it open and see who grabs the mike first.
00:52:26>> You are putting it in front of my face because you knew i would volunteer.
00:52:33Let's just compare the senator to hillary clinton.
00:52:45By that standard, both of the new nominee is privatized.
00:52:49They are not independent thinkers.
00:52:50They have no track record of legislating in an intellectual sense or advancing important ideas on military affairs or an international politics.
00:53:06The underlying cause is the reflection of the lack of interest in these issues.
00:53:11>> Anybody else?
00:53:14>> Yes.
00:53:15Another phrase to introduce into the discussion.
00:53:19The republican party is now focused on trying to be responsible about what kind of fiscal and arm and we leave to our children and grandchildren.
00:53:28That is good in general terms.
00:53:30We aren't worried about the deficit -- we are worried about the deficit.
00:53:37There is a national security deficit that is growing and will continue to grow.
00:53:42It is a particularly american conceit that the world goes away when he stopped paying attention to it.
00:53:49The fact of the matter is the problems we see in the world will not go away.
00:53:54We do not cause them by looking at them.
00:53:57We cannot stop and by ignoring them.
00:53:59The enemies who want to kill us, and it is amazing how comfortably we forget the fact there are large groups, including the entire state where leaders wake up every day and ask themselves what they can do to kill americans today.
00:54:19That is the consensus reality.
00:54:22We will leave for our children an incredibley dangerous world and we will have missed many opportunities to address problems before they acquire the kind of compound interest that is measured in lives.
00:54:38>> Just to close this up, also addressed the question of who actually is expected to be a part of the alliance structure if there is any conflict.
00:54:52Are there implications for us?
00:54:54>> Yes.
00:54:55On just the nominations, quickly, the rebalance of the administration prefers to call it a signal pro-active foreign policy they had, not inheriting ars.
00:55:11This is something they came up with.
00:55:15Nominations to me are uninspiring.
00:55:16I do not think that is a dig at either man personally.
00:55:21Neither of them have deep asian experience.
00:55:26The senator has not opined much, other than to talk about how china will surpass us in how we need each other.
00:55:36That is this " -- that is diplomacy.
00:55:41On senator hagel, he was the head of the congressional executive committee on china but talked solely about development issues.
00:55:50Those are important.
00:55:51The rule of law and economics growth.
00:55:54That is fine.
00:55:55That is not the job he is getting.
00:55:57He has said absolutely nothing about the rise of china.
00:56:01He has said absolutely nothing about the as the -- how he will deal with the rise of china in an era of budget cuts.
00:56:11It is very troubling.
00:56:14The consensus reality that it does not matter.
00:56:17So what?
00:56:18He will get in and do the job.
00:56:20I do not think you can take that for granted.
00:56:23The question of alliances, we have japan for the first time in a decade just turning around the defense budget modestly.
00:56:31$1.60 Billion increase.
00:56:33A good chance.
00:56:36-- Trend.
00:56:38It would be nice to see it continue.
00:56:39Everybody watches carefully to see the leading indicator, which is us.
00:56:44What they see in taiwan is a country rushing to the acids to make sure nothing becomes between it and china.
00:56:51Therefore, not only are we losing credibility over whether the united states would intervene in that scenario, but we cannot expect the type of support that would be required.
00:57:09We want to stay out of it because they question whether we would be committed to it.
00:57:13Would drag them in and leave them exposed to a situation which had been disrupted through con -- conflict and violence.
00:57:23>> Really quickly, because fred's comments reminded me of concluding a marks -- remarks.
00:57:33That helps us bring it back to the larger political discussion.
00:57:38Not only are we failing to manage the world in a way that will leave our children in a safer environment.
00:57:52Dudgeon by the faces I am looking at, you people, we are leaving a lot of work for you to do, but we are leaving many less means to do with it.
00:58:02Not because we are demobilizing after a war.
00:58:06Even if you accept that paradigm.
00:58:10The money is going to entitlement programs.
00:58:16The money you want to read mobilized to defend yourself will be in my retirement health- care accounts.
00:58:23We can either try to do it then, take away entitlements from people in a crisis circumstance, or we can begin to govern our appetites now.
00:58:33If somebody -- some day we wake up and the world is remaining a dangerous place and we have to do something about it, that involves using armed force, that we can then move -- mobilize our wealth to do that.
00:58:47We are setting ourselves up for circumstances in the not too far distant future.
00:58:53That will be much much harder and it will be historic plea an unprecedented situation for this country to be in.
00:59:01>> Let's open up questions.
00:59:03Forgive me, but I do not have a microphone to hand around.
00:59:07I will repeat your question so it is audible for the audience.
00:59:13This gentleman over here and then I saw a hand there.
00:59:18>> You criticize the obama administration approach pretty well.
00:59:27What are the answers?
00:59:28What is the answer in somalia and [indiscernible] >> the question is that the criticism of the obama administration on its actions in a variety of these in somalia was persuasive but what is the right answer?
00:59:52>> I do not have a right answer.
00:59:56There is not a simple right answer for these various places.
01:00:00I think we need to get beyond a very by neri view of troops on the ground and no troops on the ground in situations here.
01:00:10I think it is in our interest to find a way to work with local partners in order to combat local groups to help them govern territory -- territory -- territories.
01:00:28It started by a democratic president who was enthusiastic about this kind of thing.
01:00:34John f. kennedy.
01:00:35This is one of the things the special forces was created to do.
01:00:42This is an advise mission and an enabled mission.
01:00:48We would probably be in a somewhat better place.
01:00:51But we do have to face some hard questions.
01:00:53The questions are, what do you do where you do not have partners and where to go up the escalation ladder and are you going to be drawn in a war in every place?
01:01:06The answer is you do not want to be and you do not have to make a hard decision in any case about the risk of going down one path or the other.
01:01:15It has to be contingent, not ideological.
01:01:20It is now ideological in the opposite direction from the bush years.
01:01:25Now we are saying we will never be on the ground.
01:01:29You cannot allow yourself and your brain to the short circuit did by slippery slope arguments.
01:01:37We always live on a slippery slope.
01:01:40The question is making the right decisions.
01:01:42You really cannot make the desion honestly until you see the concrete choices in front of you in each case.
01:01:51>> [Indiscernible] western hemisphere, but italy cuba?
01:02:02>> The question is about the western hemisphere, which I did not touch on.
01:02:08And the instability from the drug cartels.
01:02:12Are you capable of talking about that a little bit?
01:02:15>> Yes.
01:02:24First of all, that has always been our defense of the continental or legal united states.
01:02:35That has been our principal security interest ever since before we were a nation.
01:02:41It is a moment in time -- through history, parents have gone back and forth about liberal regimes in the area.
01:02:56We have a lot partners with whom we could be working.
01:02:59We have partnerships with columbia, which has been a pretty low level thing.
01:03:04One which the house of representatives has traditionally kept very close tabs on.
01:03:10Is a model, counter insurgency through partnership.
01:03:14If we had a that model in some of our middle east engagements, we would have been much better off also today.
01:03:23To suggest -- it is possible to work with the brazilians.
01:03:31They were the leading force in the un mission in haiti.
01:03:39Some good things have been happening, even while these cartel out bridges are happening.
01:03:48There -- they are a serious threat to the stability of mexico and the border.
01:03:51Absolutely, but likewise, it will take a fairly traditional approach.
01:04:01>> Part of the problem is at this table.
01:04:09Latin america, the western hemisphere does not yet addressed in washington unless it is the latest on travis' health.
01:04:18May be an election in venezuela.
01:04:22Or some fire in brazil.
01:04:24That is what makes the newspaper.
01:04:27That is part of the problem.
01:04:28It is part of the challenge to congress.
01:04:32A big part of the answer to every single question is, you cannot beat something with nothing.
01:04:39If you want to beat the constructs that america must retreat from the world, it is the value embraced by the obama administration, you have got to beat it with something.
01:04:52That means capitol hill.
01:04:53If it is not, it will not happen.
01:04:59We are not capable of doing it.
01:05:02That is a historic reality.
01:05:04In the 1990's, when bill clinton said it is the economy, stupid.
01:05:14Legislated sanctions on ir andn n how push for sanctions on cuba, which pushed for exactly what you are talking about.
01:05:29That pushed for a new relationship in india.
01:05:30I could go on and on.
01:05:32All the things we take for granted were not initiatives of the clinton administration, but of members of congress here on capitol hill who changed the world in a meaningful way.
01:05:46That is still an opportunity if only we recognize it is something to care about.
01:05:51You have two formal -- former capitol hill people here.
01:05:59>> How do we know when we have one?
01:06:03Counter-terrorism.
01:06:06Is there a metric?
01:06:09Is there anything?
01:06:12>> The question is how do we know if we have one.
01:06:15>> Do not worry about it.
01:06:17We are in no danger of winning any time soon.
01:06:20[Laughter] it is a fair question.
01:06:28What is your metric for success.
01:06:33And how do we know when we can stop.
01:06:37We are so far away from that now.
01:06:39We are further away from that than when this president took office.
01:06:44The policies he is recommending will take us further way because until we can stop measuring the hairs that are actually governed by al qaeda affiliates, i guarantee you the question of whether we have one or not is not operative.
01:06:59Right n that measurement is on the increase, rather than the decrease.
01:07:04It is a fair question.
01:07:07I think we need to recognize where we are in history.
01:07:11This is more like 1943.
01:07:15Hopefully, we will stop the retreat here.
01:07:17At that point, the soviets were not thinking so much about what kind of peace they would impose on germany when they're done.
01:07:26They would think about how they would recover the ground lost in their own interests.
01:07:31That is where we are now.
01:07:33We have lost so much ground and we are about to lose so much more that that is the conundrum that faces us right now.
01:07:39>> I think there is an answer.
01:07:42If you look back, we were winning in iraq after the surge in 2007.
01:07:48Winning actually is not just a game in the playground.
01:07:52It is not just a, thank you very much.
01:07:55We are done here now.
01:07:58Winning requires maintenance.
01:07:59When you choose not to, it is very easy to go back to losing again.
01:08:06The implications may not be obvious until later.
01:08:09I think the president has written a great deal about what the implications of having a force in iraq have meant for the stability of the country and for our own national interests.
01:08:22And the national interests of our allies in the middle east.
01:08:29>> You mentioned a war between china and japan.
01:08:34What would that look like?
01:08:36At what point with the united states have to be involved?
01:08:40>> Between japan tried to look like.
01:08:46>> I did not mean conventional verse is unconventional.
01:08:50I did not think it would be like the 1930's.
01:08:53I did not think it would be, in essence, a full outward.
01:08:59I think what will happen, there will be an accident.
01:09:04I think you have got the japanese sending up their fighter patrols jets.
01:09:09The chinese have responded and the japanese are talking about firing warning shots.
01:09:14That would be an act of war to do that.
01:09:17You have the coast guard's and the patrol vessels.
01:09:21The vessels of china jousting with each other, bumping in with each other.
01:09:25Someone will die.
01:09:26There will be an accident of some kind.
01:09:33Then it is a question of what are the rules of engagement each side has.
01:09:37Japan is a treaty ally of ours.
01:09:42What we do know is the assistant secretary of state was sent there last week along with the head of asia national security council.
01:09:57To tell the japanese to calm down and not push too far.
01:10:01When we read that in the paper, we can be sure the chinese are reading that, interpreting that they have more leeway to push on these things.
01:10:09The conflict can be any type of conflict, but is it -- it is a highly militarized small area right now.
01:10:17If something happens, what do the japanese do?
01:10:20Do they ask for conversations ?
01:10:24Chinese would certainly regard that as an escalation.
01:10:27Do they revoke and ask for help in self-defense?
01:10:33What do we decidewill give them.
01:10:38We have kept all of our forces out of the immediate area.
01:10:42The credibility of the alliance is on the line.
01:10:44We say that a lot but it really is.
01:10:47The japanese have been tussling over these islands for several years now.
01:10:53If we did not back them up at a time when the japanese military lives ever -- were being lost, we lose our forward base in the pac.
01:11:10>> I was going to ask about syria.
01:11:1760,000 People have died.
01:11:21Probably a lot more people have died.
01:11:24 should intervene or at the very least -- >> I have to disagree you suggested in the beginning serious one of the better developed countries in the middle east.
01:11:44Syria has never been one of the better developed countries in the middle east.
01:11:51Socialism does not work anywhere.
01:11:53Least of all -- in a place with no natural resources.
01:11:58Syria was not doing well at all prior to the outbreak of this civil war.
01:12:05The problem is that there is no good exit option in syria.
01:12:11There is no good outcome here.
01:12:15This is the argument that underpins everything we have been trying to say.
01:12:19In the beginning, of any problem, it is always easier to solve it.
01:12:25May not come out optimally.
01:12:28You may not get an a or b answer or even a see answer.
01:12:33Now, all you can get our f answers.
01:12:39The decision of the united states to not involve itself, and I mean the obama administration, not to involve itself in any way, has done exactly what we bemoaned, what fred talked about in libya.
01:12:55It has subcontracted policy to countries who do not have the same tastes that we do.
01:13:06When we look at the blow back from libya and you ask yourself, why is it the people with whom we are now defending -- against whom we are now defending ourselves in benghazi, are such islamic extremists?
01:13:21The answer is because those who were like-minded to us and chose to act in a way that is -- we are lucky because of our limited involvement that we have a government there come a moderate government of people that try to pull an ambassador being murdered out of the situation rather than push him into one.
01:13:46What we will see in syria is that opportunist islamic extremist groups and other local groups have come to the forefront and they are well on.
01:14:00The rebellion that began in part secular and had no related -- religious basis, that was brought together by universal opposition is now infiltrated by all sorts of al qaeda and related groups.
01:14:19When assad falls, what will be left is a gigantic, well armed, feuding mess.
01:14:31On the border of iraq.
01:14:35Turkey, jordan, lebanon, and israel.
01:14:40It is as if we live in a fantasy world to think the implications of the conflict there have absolutely no meaning for our own national security.
01:14:51It is a disaster.
01:14:52What we can do now is try to contain the disaster.
01:14:58And hasten the movement out and insure that whoever is in charge actually is a group that respects and values the kind of values we have, rather than the kind of values others have.
01:15:18>> Looked, this is also a case where we are paying the price for having persuaded ourselves that I wrap was a country located somewhere on the moon.
01:15:28And it does not actually share common borders with any place on the earth that is of any significance to us.
01:15:36Because we adopted that approach and because the administration decided they were our best friend and the guy we needed to back at all costs, the result is that iraq has been feeding the situation in syria in two ways.
01:15:52One is they have been traveling through iraq as the murder people.
01:16:00And the al qaeda organization that was supported from the outset by the logistics base and so forth that a sod had allowed to exist in syria, reversed polarity, and has been radicalizing the movement.
01:16:17Now what we are seeing is the continued spillover in iraq of this violence, but also of the real strengthening of the al qaeda franchise.
01:16:28It is time to recognize iraq and syria share a common border.
01:16:33The tribes that cross the border do actually talk to each other.
01:16:37The highways that go between the two countries carry terrorists in both directions.
01:16:42What we are now seeing is a problem that will begin to expand exponentially as the al qaeda groups in both countries draw strength from the fact they are gaining in both countries and being supported by others in both countries.
01:16:59We are providing no guidance, assistants, or support, playing no role whatsoever.
01:17:06>> You have to open up the aperture a bit more.
01:17:11This war is being conducted in a regional context, defined by the u.s. withdrawal.
01:17:17 was in a very strong position.
01:17:23Nobody liked us but they do not like us now our actual power in the region was at a high water mark.
01:17:37Now there are many situations taking it pass syria.
01:17:45The other involvement we did pursue is not a recommendation.
01:17:51I am not suressad regime -- the russians and chinese will defend them internationally.
01:18:05At some point, that will go up, not down.
01:18:11The u.s. is increasingly gone.
01:18:14They will be contending for power.
01:18:20Great power and sponsorship from russia and china.
01:18:25The suny part of the region, which will maintain some sort of alliance, but not one that we will be able to direct as we have up until 2008, this could turn into something really ugly very rapidly.
01:18:45>> 80,000 People dead is not ugly.
01:18:51>> [Indiscernible] >> which of our foreign policies toward egypt -- this is another area where congress really has a role to play.
01:19:07Administration has decided the muslim brotherhood president of egypt is the guy in the seat.
01:19:17It is completely indifferent to what the program should look like and what the desired outcome in egypt should be.
01:19:25The only thing they appear to be interested in, is the continuation of the israeli- egyptian -- obviously a great interest, but not the only thing that should and made us when we talk about the worst country in the middle east.
01:19:46When I saw we were delivering fighter jets to the military, i asked myself what message this sends.
01:19:55The real -- the rule should be not that foreign aid is bad or good and not that military assistance is quarterback -- good or bad.
01:20:05It is the tax payer dollars.
01:20:07It is used to pay tax dollar pare interest.
01:20:14We should take it down to zero and build it anew.
01:20:18Does that mean we should give everybody the same as before?
01:20:21Maybe it does.
01:20:22Does it mean we should give them zero?
01:20:26Could be.
01:20:27Does it mean we should give them more?
01:20:29Also a possibility.
01:20:30Autopilot is unconscionable.
01:20:34That is the problem we have.
01:20:37We are on autopilot.
01:20:38I am not talking about this blank contract in whatever country we are building.
01:20:45There are things that are going on and pipelines in our foreign aid.
01:20:48The inch -- the issue is the message we send.
01:20:52We become hysterically.
01:20:55Put you killed a christian and all of our aid must end.
01:20:58Do not do it based on that.
01:21:00That is unacceptable.
01:21:01This should be based on a whole array of questions.
01:21:05Treatment of minorities, treat -- religious rights, political rights, economic rights.
01:21:11All of those things are known factors and yet it seems everybody has something better to do than to sit down and have aggressive hearings on egypt, take it down to nothing and built it crashed.
01:21:27-- Fresh.
01:21:30.
01:21:33>> I am agreeing entirely with that.
01:21:37On the hill, sometimes, too much, we get caught up on the focus of our values, which is important.
01:21:45But why do we care, at the end of the day, about the welfare of individual the egyptians or about how minorities are treated or about these other things?
01:21:56We care because it speaks directly to the ability of the state to govern in peace and control its territory and people and deny that territory and popular support to our enemy.
01:22:09That is why we do foreign aid these days.
01:22:12Part of the problem we have in that discussion is that when it was crafted a originally, it was seen as a form of diplomacy.
01:22:22In the overall context of the war, where we were going to show what good guys we were.
01:22:30It has become something else.
01:22:32To become something beyond that.
01:22:34We have a fundantal interest in helping states around the world threatened by the infection of al qaeda.
01:22:42We have a fundamental interest in helping the states in those areas the other -- govern effectively and stately -- stable league.
01:22:53Happily, our values are generally embraced.
01:22:56That kind of government requires not using f-16s against your people, not machine gunning them to death.
01:23:04, Allowing elections to proceed in an open and honest way.
01:23:10We do not think everyone should be like us.
01:23:13This is a question of whether you want states to be stable in the world or whether you want states to be a chaotic hotbed.
01:23:26>> Yes?
01:23:31>> [Indiscernible] how those two things may relate, looking at state based collecting an analysis as opposed to looking at so much more.
01:23:50>> Repeat the question?
01:23:52>> The question is about intelligence and the pivot and will it be more state-based rather than looking at non-state actors.
01:24:05I have not heard that much about it.
01:24:07In general, we are state based now.
01:24:10The question is, are we state based enough.
01:24:16We have got china, north korea, the strategic water lanes, you have got the south and east china sea.
01:24:29And you get into territory.
01:24:31Qualm.
01:24:33In recent years, there has been interest in expanding that out.
01:24:37We have very few assets.
01:24:39That is really about it, diego.
01:24:44We are using a lot of the means we need out there, such as autonomous vehicles to do high- level surveillance, mid-level surveillance, we do not have fire scouts and other things there in the numbers we need.
01:24:59We have not pushed our allies to build them.
01:25:01That is one thing we should be doing.
01:25:04Japan and south korea and others, pushing them to build up this capability and share it among themselves.
01:25:15Whether or not it is true, but it certainly seems to be at least a viable urban legend, when we find out about a new soviet >> russia.
01:25:39>> As opposed to a traditional process, you have to raise the question of whether we are seeing these types of things we need to see.
01:25:47What type of net risky have on the ground, how we are working with our allies who are also very concerned.
01:25:56The best analogy is most of our allies are concerned with their front yard.
01:26:02And their front door.
01:26:04When they get out to the street and the intersection, that is .
01:26:10They are not concerned about controlling the intersection in the street.
01:26:14That is a problem for us because we have presumptions that a lot of the reasons we have, the treaty with japan, we are not worried about an amphibious invasion of japan today.
01:26:27We want it to take a more active role in the intersection.
01:26:30It is hard to drag them there.
01:26:33Those are the things we need to focus on.
01:26:36Intelligence collection goes towards a community of interest.
01:26:40>> I will wrap things up.
01:26:42But we think my colleague for being here and all of you.
01:26:45And the rest of our state of union policy series.
01:26:54Objection.
01:31:17Mrs.
01:31:19Madam president, I rise today on behalf of t millions of americans who are saying enough is enough.
01:31:29They've seen too much senseless deadly gun violence and are demanding commonsense solutions out of congress.
01:31:38One solution that I've been focused on for a long time is ending gun trafficking.
01:31:44This is critically important to public safety issues, where i believe members of both sides of the aisle can come together and agree.
01:31:53We can and should agree that it's time to crack down on the black market of illegal guns that criminals rely upon to obtain weapons that are later used in violent crimes.
01:32:06Almost one month ago, the nypd suffered one of the bloodiest nights in recent history when three officers suffered gunshot wounds in two separate crimes within an hour apart.
01:32:18According to the news reports, one of the handguns recovered from the scene was imported by traffickers from philadelphia.
01:32:24Another one came from north carolina.
01:32:29Thankfully, these heroes are on their way towards recover just one year ago, new york police officer peter fegogski, the father of four beautiful girls, was tragically killed on the beat with an illegal weapon purchased in the black market in virginia.
01:32:49I will never forget the faces of slain 17-year-old honor student niasha priard's parents, who i met justeeks after being sworn in to the senate.
01:33:03Niasha was also killed by an illegal gun one terrible night when she was doing nothing more than enjoying an evening with friends.
01:33:10Accordingo new york city's mayor's office, 85% of the guns used in crimes in new york city come from out of state and 90% of those guns are brought through the illegal black market run by traickers.
01:33:24The sad fact is that more than 30 people die every single day due to gun violence.
01:33:31These senseless killings must stop.
01:33:35We have an obligation to act and prevent tomorrow's senseless deaths by ensuring that guns stay out of the hands of criminals and the dangerously mentally ill and to strengthen our laws so that law enforcement have the ability to go after the gun runners and take down these illegal markets.
01:33:55The truth is that supporting the second amendment and reducing gun violence are compatible and consistent.
01:34:04Responsible gun owners vehemently oppose any kind of gun vioe, the kind of gun violence that struck in newtown, aurora, oak creek, and the thousands of families across america every single year who suffer.
01:34:18We should be able to find reasonable and commonsense reforms that can preserve our rights but also protect our families.
01:34:28Because keeping our children safe from the scourge of gun violence is not a democratic or republican principle.
01:34:36It's not pro-gun or antigun.
01:34:39This is an issue that all americans can support.
01:34:46There's no political ideology that finds this cruel loss of life acceptable.
01:34:51I was incredibly pleased to see president obama include as part of his comprehensive plan to prevent gun violence a bill that I first introduced in 2009 with mayor bloomberg and commissioner kelly called "the gun trafficking prevention act," which would be the first federal law to define gun trafficking as a federal crime and event scofers illegal guns from being -- scores of illegal guns from being moved into the hands of criminals.
01:35:18We have thousands of laws but effectively none of them are directly focused on pventing someone from driving from one state to another state with a load of guns in the back of a truck that they can sell directly to criminals.
01:35:35It's shocking to me as a mother.
01:35:37It's shocking to me as a lawmaker.
01:35:40But this is something we can actually fix.
01:35:42Over the past three years, more than 33,000 guns used in violent crimes showed telltale signs of black market trafficking.
01:35:53420,000 Firearms were stolen and thousands of guns with obliterated serial numbers were uncovered by law enforcement.
01:36:03So while law enforcement is working overtime to track down illegal guns and apprehend those who traffic these weapons, current law restricts their ability to investigate and prosecute these crimes.
01:36:15We can all agree this simply makes no sense and leaves all of our communities vulnerable.
01:36:23I am very proud to have worked with my colleague and frid, senator mark kirk, to introduce a bipartisan bill today, senate bill 179.
01:36:35This bill takes on the problem of gun trafficking head on.
01:36:43Our bipartisan bill would empower local, sta and federal law enforcement to investigate and prosecute gun traffickers, straw purchasers and their entire criminal networks.
01:36:53Our bill does nothing to affect the constitutionally protected rights of responsible law-abiding gun owners.
01:37:00By cracking down on illegal trafficking and their vast criminal networks, we can stop the flow of these illegal guns that are coming into our city neighborhoods and reduce the gun violence.
01:37:16Law enforcement officials across the country he said that they need this legislation to be able to fight crime.
01:37:22I urge my colleagues to support this bill, and I urge passage of this commonsense nonpartisan, bipartisan piece of legislation.
01:37:32I would also like to now smit a statement for the record that senator mark kirk has authored.
01:37:40I'd like to appear following my statement.
01:37:46The presiding officer: .
03:13:11.
03:13:11.
03:13:11.
03:26:59We've got to get real with what works and does not.
03:27:01My problem with background checks is that you are never going to get criminals to go through universal background checks.
03:27:07And of the law-abiding people, you will create an enormous federal theocracy -- bureaucracy, unfunded, and people have to pay the fees, pay the taxes.
03:27:20We do not even prosecute anybody right now that goes through the system we have.
03:27:24We will make all of those law- abiding people go through the system and then we will not prosecute any of the bad guys if they do catch one.
03:27:37None of it makes any sense in the real world.
03:27:39We have 80,000 police families in the nra.
03:27:41And we care about police safety.
03:27:42We want what works.
03:27:50>> I'm trying to be fair to everybody here.
03:27:52Certainly, you have more chances to speak.
03:27:54>> That is the point.
03:27:55The criminals will not go to purchase the guns because there'll be a background check.
03:28:11It will stop them from original purchase.
03:28:13You missed that point completely.
03:28:14It is basic.
03:28:15[Applause] >> there will be order.
03:28:16[Gavel] there will be order in the committee room.
03:28:26>> I'm going to give you a chance.
03:28:28But let me say at the outset, captain kelly, thank you.
03:28:39Thank you for bringing that wonderful, brave wife of yours today to remind us what victims suffer from buy and -- from gun violence.
03:28:46What a heroic figure she is and what a pillar you are to stand by her during her rehabilitation.
03:28:51We are so proud of her and of view.
03:28:54And I say with some regret, there should have been a hearing just like this right after your wife, one of our own, a member of congress was shot point-blank in the face at a town meeting in tucson, arizona.
03:29:43I am sorry it has taken two years to convene this hearing, to bring us to our senses and open this conversation.
03:29:51I hope you will extend to her our best wishes, love, and support for what she is doing today and what she has meant to all of us for this long period of time.
03:29:59I also want to say a word about an incident.
03:30:02There was a young lady from chicago, illinois, 15 years old.
03:30:06She attended a university prep school in chicago, an honor student, and she marched in the inaugural parade last week.
03:30:12I can point to one gun store, one store in illinois that accounts for more than 20% of the crimes in chicago.
03:30:17Straw purchasers buy the gun there and they end up in the hands of criminals in the city of chicago.
03:30:23We have to put an end to this.
03:31:03I'm going to ask a question to the panelists.
03:31:09 lapierre, I ran into some of your members in illinois and they tell me, you do not get the second amendment.
03:31:21It is not just about hunting.
03:31:22It is not just about sports.
03:31:24It is not just about shooting targets.
03:31:26It is not just about defending ourselves from criminals, as ms.
03:31:30Trotter testified.
03:31:31We need the ability to protect ourselves from our governments.
03:32:19From our government, from the police, if they knock on our doors and we need to fight back.
03:32:26Do you agree with that point of view?
03:32:35>> If you look at what our founding fathers put down there, they had lived under the tyranny of king george and wanted to make sure these free people in this new country would never be subjugated again and live under tyranny.
03:32:56I also think that what people all over the country fear today is being abandoned by their government, if a tornado hits, if a hurricane hits, if a riot occurs.
03:33:07Then they will be out there alone.
03:33:10The only way they will protect themselves in the cold and dark, when they are vulnerable, is with a fire arm.
03:33:15That indicates how relevant and essential the second amendment is in today's society to fundamental human survival.
03:33:23>> Chief johnson, you have heard it.
03:33:30Some believe that citizens have to have the firepower to fight back against you.
03:33:34Against the government.
03:33:35How do you conduct your business in enforcing the law, not knowing what is behind that door?
03:33:41>> I find it to be very scary, creepy, simply just not based on logic.
03:33:50Certainly, law enforcement across the nation is well prepared to deal with any natural or man-made disaster that would occur.
03:34:04Frankly, -- I cannot relate to that kind of thinking.
03:34:06>> I cannot either.
03:34:07And I cannot think about the need of that man in colorado having 100 cartridges.
03:34:20Professor koppel, do you think that it is necessary for hunting, sports, target practice, even self defense?
03:34:32>> It would be not legal for hunting in most states where there are limits on how many rounds you can have in a magazine.
03:34:48As I think you have recognized, the second amendment is not primarily about hunting.
03:34:53What I have been talking about is what the supreme court said in the district of columbia versus heller, which is the second amendment, the firearms and their accessories which are commonly owned by law-abiding people for legitimate purposes.
03:35:03I am talking about what police officers carry, what citizens carry, semi-automatic handguns.
03:35:06>> But those are police officers.
03:35:09>> They are not military, they're not coming to attack people, they are protecting people.
03:35:21Citizens protect themselves the same way the police officers do.
03:35:24>> If you can rationalize a 100- round drum that someone can strap onto a semi-automatic weapon, as did in aurora, colorado, killing dozens of people there, saving only because it jammed, then you ought to object to the laws that have been on the books for years about machine guns.
03:35:43Why are they not allowed under the second amendment?
03:35:48>> According to heller, they are not commonly used by law-abiding citizens for legitimate purposes.
03:35:53>> And 100 magazines are?
03:36:02>> Thank goodness he had a piece of junk like that instead of something better where he could kill more people.
03:36:06>> That is what is all about?
03:36:07>> It is about saving lives with ordinary magazines.
03:36:12100 Magazines are not used by police officers or hunters.
03:36:19What you are talking about banning is normal magazines.
03:36:30>> The shooter in tucson showed up with two 33-round magazines, one of which was in his 9 millimeter.
03:36:35He unloaded the contents of that magazine in 15 seconds.
03:36:37Very quickly.
03:36:40The first bullet went into gabby's head.
03:36:44Bullet #13 went into a nine-year old girl named christina taylor green.
03:36:55She deserved a full life committed to enhancing those ideas.
03:37:09If he had a 10-round magazine -- let me back up.
03:37:11When he tried to reload one 33- round magazine with another, he dropped it.
03:37:14A woman named patricia grabbed it, and it gave bystanders time to tackle him.
03:37:17I contend, if that same thing happened when he was trying to reload one 10-round magazine with another, meaning he did not have access to a high-capacity magazine, and the same thing happened, christina taylor green would be alive today.
03:37:37I am certainly willing to give up my right on a high-capacity magazine to bring that young woman back, that young girl.
03:37:42Let me continue with what happened that day.
03:37:45In that 15 seconds -- actually, in the first shot, one man ran out of walgreen's, a man with a gun, with the intent to do the right thing, an armed citizen.
03:37:57He admits he came within about a half second of shooting the man who tackled jared loughner, nearly killing him.
03:38:10We almost had this horrific mass murder followed up by an horrific accident.
03:38:21The horrific mass murder because of the high-capacity magazine and the horrific accident because of the armed person there who, with good intentions, wanted to end the something that was going really bad.
03:38:39>> Senator graham.
03:38:40>> Thank you, mr. chairman.
03:38:43I think I am speaking for a lot of people when we say we are heartbroken when a family member is taken through an act of gun violence, whether it be a child or anyone else, but particularly children.
03:38:54That is a heartbreaking episode in society.
03:38:58I think most people would appreciate the fact that there are thousands, if not millions of americans, that save their families from home invasions or violent assault because they had a gun to protect themselves.
03:39:22Most of us are glad it ended well for you.
03:39:26Those are the two bookends.
03:39:27You mentioned, captain kelly, and I appreciate you being here, appreciate your comments about you and your wife being reasonable people.
03:39:33I do not doubt that one bit.
03:39:41The question is, am I an unreasonable american if i oppose this bill?
03:39:45Am I an unreasonable american to believe the constitution says guns commonly used by the population for legitimate purposes?
03:39:50I do not want to own a gun to attack my government.
03:39:52That is not what I think a legitimate purpose is.
03:39:54Let's talk about a real world incident that happened in loganville, georgia in january 2012.
03:40:08One bullet in the hands of a mentally ill person or a convicted felon is one too many.
03:40:18Six bullets in the hands of a mother protecting her twin 9 year-olds may not be enough.
03:40:21So I have a chart here.
03:40:30At the top is the 38 revolver.
03:40:31On the right is a 9 millimeter pistol.
03:40:34That holds 15 rounds.
03:40:37Does everyone on the panel agree that a convicted felon should not have either one of those guns?
03:40:47Does everybody agree that a mentally unstable person should not have either one of those pistols?
03:40:51Ok, common ground there.
03:40:52Put yourself in the shoes of the mother.
03:40:56A guy broke into the home, she ran upstairs, hid in the closet, she got on the phone with police, and she was talking with her husband in real time.
03:41:09The intruder broke into the home, had a crowbar, and found them in a closet.
03:41:18They were confronted face-to- face.
03:41:20According to reports, her husband said shoot.
03:41:23She emptied the gun, six shot revolver.
03:41:26The guy was hit five of the six times.
03:41:29He was able to still get up and drive away.
03:41:32My question is, put your family members in that situation.
03:41:41Would I be a reasonable american to what my family to have the 15-round magazine and a semi- automatic weapon to make sure, if there are two intruders, she does not run out of bullets?
03:41:55And I am on reasonable person for saying in that situation the 15-round magazine makes sense?
03:42:05Well, I will say that I do not believe I am.
03:42:07I will give you an example of where a 15-round magazine could make the difference between protecting a family if there is more than one attacker.
03:42:21 kelly, and the situation you described, I do not want that person to have one goal of oregon.
03:42:25The point of regulating magazines is to interrupt the shooter.
03:42:40I guess what I am saying is we live in a role where there are 4 million high-capacity magazines out there or more.
03:42:44The best way to interrupt the shooter, if they come to a school house, is not to deny the moment an atlanta and the ability to have more than 10 rounds, but to have somebody like you, chief johnson, meet them when they come to the door.
03:43:03That is the best way to do it.
03:43:04My good friend joe biden, who i have spirited conversations about a lot of things, was talking to somebody in california who mentioned the fact, what if there is an earthquake out here and there is a lawless situation?
03:43:12In 1992, you had the riots in los angeles.
03:43:21You could find yourself in a lawless environment in this country.
03:43:31The story was about a place called koreatown.
03:43:33There are marauding gangs going through the area burning stores, looting and robbing.
03:43:39The vice-president said in response to me, he said, no, you would be better off with a 12 gauge shotgun.
03:43:52That is his opinion, and i respect it.
03:43:54I have an ar-15 at home and i have not hurt anybody and I do not intend to, but I would be better off protecting my family if there was law-and-order breakdown in my neighborhood.
03:44:07I do not think that makes me an unreasonable person.
03:44:13 trotter when you say you speak on behalf of millions of women out there who believe an ar-15 makes them safer, there were a lot of giggles in the room, and that explains the dilemma.
03:44:23The people who were giggling were saying to you, that is crazy.
03:44:26Nobody I know thinks that way.
03:44:30Which reminds me of the harvard professor who said I cannot believe mcgovern lost.
03:44:34Everyone I knew voted for him.
03:44:37I bet there are people on our side that cannot believe obama won because everyone they know voted against him.
03:44:46The point is, we have different perspectives on this.
03:44:48The reason I will oppose the legislation, chief johnston, is because I respect what you do as a law-enforcement officer.
03:45:00Has your budget been cut?
03:45:01>> Yes.
03:45:01>> Will it be cut in the future?
03:45:03>> I am optimistic that it is not.
03:45:09>> Because of the fiscal state of affairs we have, there will be less police officers, not more, over the next decade.
03:45:14Response time will be more, not less.
03:45:20 kelly, I really do want to get guns out of the hands of the wrong people.
03:45:35I honest to god believe that if we arbitrarily say nobody in this country can own a 10-round magazine in the future, there could be a situation where a mother runs out of bullets because of something we do here.
03:45:50I cannot prevent every bad outcome, but I do know and believe in the bottom of my heart that I am not an unreasonable person by saying that in some circumstances the 15-round makes sense and in other situations the ar-15 makes sense.
03:46:04This is why we have these hearings.
03:46:20I really do appreciate the fact that we have these hearings.
03:46:28Professor kopel, some people on our side say that it is unconstitutional to put a limit on magazine size.
03:46:43Do you agree with that?
03:46:44>> I think if we follow senator schumer's approach and follow the supreme court decision, what that tells you is the core of the second amendment is the firearms and accessories that are commonly owned by law- abiding people for legitimate purposes.
03:47:01>> Is it constitutional to say 10 vs 15?
03:47:03>> 10 Is plainly unconstitutional.
03:47:07Magazines of up to 19 are common

Tags