Military Commissions Act Undermines Justice (Rep. Jerrold Nadler)

June 6th, 2007

Monday’s decision by a U.S. Military Judge to dismiss the charges against Omar Khadr, who was being tried by a Military Commission, provides even more proof that the Military Commissions Act must be changed.  From the very beginning it was evident that these Military Commissions, and the legislation that “legitimizedâ€? them, would fail.  In attempting to create a new system to bring terrorists to justice, the Bush Administration seems to have undermined our ability to do just that.

The Military Commissions Act assaults our most cherished constitutional rights, creating a process that operates outside the rule of law.  It serves only to cripple our ability to deal with the real criminals being held at Guantanamo Bay and grants sweeping powers to the President not seen since the enactment of the Magna Carta.  We must reconsider this act and establish a system that ensures that the nation is protected, justice is served and liberty preserved.

To remedy the serious constitutional problems created by the Military Commissions Act, I, along with Congresswoman Jane Harman (D-Calif.), have introduced two bills, H.R. 1415 and 1416.  These bills, with their companion legislation in the Senate, would restore the long-cherished right of Habeas Corpus and restore fairness to our judicial process.  Further, I plan on holding hearings on the Military Commission Act in the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties.


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By N.Y. Dem. Rep. Jerrold Nadler