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Nadler Statement on Military Commissions Act

Today, the House of Representatives considered S. 3930, the Military Commissions Act of 2006. Congressman Nadler delivered the following remarks on the House floor in opposition to the legislation:


"Mr. Speaker, I am not going to get into any of the torture aspects of this bill, but I do want to address the due process aspects of this bill.

The distinguished chairman says we have created a system of justice with plenty of rights. Well, we have created two systems of justice. First of all, it doesn't have so many rights. You can appeal from the military tribunal, but the military tribunal can hear hearsay evidence and it can hear evidence obtained under coercion, if not torture. That is debatable. But the appeal is only on matters of law, not fact. So if it is determined that it is you and not someone whose name is similar to you who is the unlawful enemy combatant by the military tribunal, you can't appeal that decision. You can only appeal the process of that decision. The civilian courts have nothing to say on questions of fact. That is number one.

Number two, much more important, the President under this bill has the ability, or Federal bureaucrats, for that matter, to point their finger at anybody in this country or abroad, as long as he is not a citizen, and say you are an enemy combatant because I say so; and because I say so, we are going to throw you in jail forever and you have no right to have a military commission. We may put you before a military commission, in which case what they were talking about applies. We may put you before a combat status review tribunal, in which case what they were talking about applies; but there is no right to do that.

The bill specifically says that this whole process is exempt from the speedy trial requirements of law. So, you may be in jail forever because your name was similar to the real guy.

The bill assumes that we need not have the normal protections that we have had since the Magna Carta for people to at least say habeas corpus; bring the body, sir King, before the magistrate to make sure you have the right guy, to make sure there is some basis for holding this person and depriving him of liberty.

There is no such right. This person can be in jail forever without ever going to a military tribunal, without ever going to a combat status review tribunal, without anything.

This, Mr. Speaker, is unconstitutional. This is un-American. It is against all our traditions, to be able to say that people have no rights. It specifically says you have no right to go to any court, a military tribunal or a regular court, to protest that you are being tortured or to allege that you are being tortured. You can't get into court. If you are being tortured, too bad. No one knows about it.

Secondly, you cannot go to court to say they got the wrong guy, because cops never make mistakes, no one ever makes a mistake.

And, finally, the bill is unconstitutional because it sets up two systems of justice. If you pick up two people in New York, one of them is a citizen, they go to the Federal court, and you accuse them of being unlawful enemy combatants, they go to the regular American system of justice. One is awaiting citizenship but is a permanent resident, he goes through this other. He has no rights and can be in jail forever. That is clearly unconstitutional. It is a denial of equal protection."

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