On the recordJune 15, 2016
I thank the Senator for bringing up this bogeyman issue that continues to come up about due process. Let's first be clear that there is a double standard here. There is not a single Member of the Republican majority who decries the lack of due process when it comes to individuals who are denied the right to fly because of their inclusion on this list. Nobody stands up and says that there isn't the ability to grieve the fact that you are on the list of those individuals who are prohibited to fly. Yet there is some special consideration that is supposed to be given to an individual who is deemed to have an association with a terrorist group who wants to buy an assault weapon. It would seem almost the opposite. Maybe that individual should be given extra consideration. Of course, this idea that has been proffered in the Cornyn amendment that we voted on in December is laughable. It is not a serious attempt to solve this problem in that it would provide for a court determination and a court process before anybody on that list would be denied a firearm. That individual would have to walk into a gun store. The gun store would say, no, you have been flagged by the Department of Justice, and we are going to call them to see if they would like to take you to court over the next 72 hours in a process that no one knows what it would look like. There would be potential discovery, the ability to rebut the claim that you were a terrorist.…
Source
govinfo.gov




