Skip to Content

Floor Statements

Floor Statement on the Military Commissions Act of 2006

Mr. Speaker, this is how a Nation loses its moral compass, its identity, its values and, ultimately, its freedom to fear.


It is ironic that the people who use the word ``freedom'' with reckless abandon, in everything from fries to a global vision, should come before the American people advocating the suspension of habeas corpus, secret star chamber tribunals, unlimited detention without review, and, yes, torture.


Yes, we must be vigilant to protect our safety. But we must not allow the honor and values of our Nation to be permanently stained by this detestable legislation. It is beneath us. It is not what we stand for.


There are many infamies in this bill, as others have pointed out. I will concentrate on just one.


This bill would allow the President, or any future President, to grab someone off a street corner in the United States, or anywhere else in the world, and hold them forever without any court review, without having to charge them, without ever having to justify their imprisonment to anyone.


This bill is flatly unconstitutional, for it repeals the great writ, habeas corpus; not, Mr. Sensenbrenner, a statutory writ, the statutory great writ.


Turn to page 93, ``No court, justice, or judge shall have jurisdiction to hear or consider an application for writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.''


``Awaiting such determination''? That says it all. Nowhere in this new law is there any time limit for making this determination. In fact, it could be never.


We are told that these procedures are only for those the President has called ``the worst of the worst.'' How do we know they are the worst of the worst? Because the President says so. And the President and Federal bureaucrats, as we all know, never make mistakes.


Some people held as unlawful enemy combatants may be put before a military tribunal, but they need not be. They can be held forever without a hearing, without a military tribunal.


So let's review. The government can snatch anyone who is not a U.S. citizens anywhere in the world, including on the streets of this city, whether or not they are actually doing anything, and detain them in jail forever, out of reach of our Constitution, our laws or our courts.


We rebelled against King George, III, for far less infringements on liberty than this 200 years ago, but we seem to have forgotten. This bill makes the President a dictator for when someone can order people jailed forever without being subject to any judicial review. That is dictatorial power. The President wants to exist in a law-free zone. He does not want to be bound by the law of war or our treaty obligations. He does not want to answer to the Constitution, to the Congress or to the courts.


Mr. Speaker, rarely in the life of a Nation is the question so stark: Are we going to rush this complete repudiation of what we stand for through the Congress? I hope we are better than that.

Back to top