Congressional Record: March 13, 2003 (Extensions)
Page E453
INTRODUCTION OF THE MILITARY TRIBUNALS ACT OF 2003
______
HON. ADAM B. SCHIFF
of california
in the house of representatives
Thursday, March 13, 2003
Mr. SCHIFF. Mr. Speaker, today I am introducing, with my colleague
Mr. Frank of Massachusetts, the Military Tribunals Act of 2003 to
provide congressional authorization for tribunals to try unlawful
combatants against the United States in the war on terrorism.
As the war on terrorism continues and more suspected al Qaeda
terrorists are arrested, Congress must ensure that justice is delivered
swiftly and responsibly in order to punish the terrorists as well as to
prevent future attacks.
Article 1, Section 8 of the Constitution provides that it is the
Congress that has the power to establish tribunals inferior to the
Supreme Court. Up until now, however, there has been no congressional
authorization for military tribunals. Efforts to form such tribunals,
to date, have been performed solely by executive order of the President
with clarifying regulations promulgated by the Secretary of Defense.
Some would argue, not implausibly, that despite the clear language of
Article 1, Section 8, congressional authorization is not necessary;
that as Commander-in-Chief, the President has the authority to regulate
the affairs of the military which extends to the adjudication of
unlawful combatants. However, if Congress fails to act, any
adjudications by military tribunal will likely be challenged in court
on the basis that the tribunals were improperly constituted.
The Military Tribunals Act of 2003 establishes the jurisdiction of
these new courts to quickly and efficiently prosecute suspected al
Qaeda terrorists who are not U.S. citizens or lawful residents. The
bill preserves the basic rights of habeus corpus, appeal, and due
process. Furthermore, this legislation protects the confidentiality of
sources of information, protects classified information, and also
protects ordinary citizens from being exposed to the dangers of trying
these suspects.
Perhaps of most importance, in the context of a war without a clear
end and against an enemy without uniform or nation, this bill requires
the President to report to Congress on who is detained, for how long,
and on what basis.
Mr. Speaker, in sum, the Military Tribunals Act of 2003 gives the
Commander-in-Chief the power to try unlawful combatants, provides the
confidence that these judgments will be upheld, establishes clear rules
of due process, and ensures that the hallmarks of our democracy are not
compromised.
____________________