Category Archives: Guantanamo

I look forward to reading the actual text of the bill, but from the press release, this sounds like a very good idea. Dodd Introduces Effective Terrorists Prosecution Act:

Washington- Senator Chris Dodd (D-CT), an outspoken opponent of the Military Commission Act of 2006, today introduced legislation which would amend existing law in order to have an effective process for bringing terrorists to justice. This is currently not the case under the Military Commission Act, which will be the subject of endless legal challenges.  As important, the bill would also seek to ensure that U.S. servicemen and women are afforded the maximum protection of a strong international legal framework guaranteed by respect for such provisions as the Geneva Conventions and other international standards, and to restore America’s moral authority as the leader in the world in advancing the rule of law. 

“I take a backseat to no one when it comes to protecting this country from terrorists,” Sen. Dodd said. “But there is a right way to do this and a wrong way to do this. It’s clear the people who perpetrated these horrendous crimes against our country and our people have no moral compass and deserve to be prosecuted to the full extent of the law. But in taking away their legal rights, the rights first codified in our country’s Constitution, we’re taking away our own moral compass, as well.”

The Effective Terrorists Prosecution Act:

• Restores Habeas Corpus protections to detainees
• Narrows the definition of unlawful enemy combatant to individuals who directly participate in hostilities against the United States who are not lawful combatants
• Bars information gained through coercion from being introduced as evidence in trials
• Empowers military judges to exclude hearsay evidence they deem to be unreliable
• Authorizes the US Court of Appeals for the Armed Forces to review decisions by the Military commissions
• Limits the authority of the President to interpret the meaning and application of the Geneva Conventions and makes that authority subject to congressional and judicial oversight
• Provides for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of its provisions

“We in Congress have our own obligation, to work in a bipartisan way to repair the damage that has been done, to protect our international reputation, to preserve our domestic traditions, and to provide a successful mechanism to improve and enhance the tools required by the global war on terror,” Dodd said.

Sadly, no bill can undo the amnesty we gave for tortures past — although the Supreme Court could in theory find the entire bill unconstitutional, or find part of unconstitutional and say that the lack of a severance clause means the entire bill falls. Not that I'm holding my breath.

I am far away on a very very slow link, but from what I can tell the announcement that the USA will henceforth again adhere to a key part of its obligations under the Geneva convention looks like a big victory for the rule of law.

And, yes, there can be devils in the details. (But I do agree that there is nothing at all inherently wrong with *properly constituted* courts martial to hear the status claims of POWs and other detainees. Quite the contrary. And a big step up from what they’ve been getting.)