Washington, D.C., Sep 30 -

After hearing the opinions of many constituents on terrorist military tribunals, I wanted to provide you with an update on this important matter.  On June 29, 2006, in Hamdan v. Rumsfeld, the United States Supreme Court ruled that the existing military tribunals for trying detainees captured in the Global War on Terrorism were illegal.  This decision found that military tribunals, in their current form, are illegal because they do not comply with either the Uniform Code of Military Justice or the Geneva Conventions.  However, the Supreme Court left open the possibility that if modified by Congress, future military tribunals could be legal.  In response, President Bush asked Congress to pass legislation authorizing these tribunals.

This issue has dominated public debate in recent weeks, forcing Americans to revisit the terrible tragedies of September 11 and ask some tough questions about what sort of justice we should use with the world’s most evil people.  While some believe that American intelligence agencies and the military should strictly adhere to the Geneva Convention treaties, I feel that certain rights and legal protections available to captured U.S. or foreign soldiers should not be available to alien terrorists. 

Like many of my colleagues, I closely followed legislative hearings held by the House and Senate Armed Services Committees on the proposed military tribunals.  Principle among my concerns on this matter is the distinct possibility that our enemies will subject captured American soldiers to torture if we modify our compliance with the Geneva Convention treaties.  I was not alone in my concerns.  In fact, the House delayed consideration of proposed legislation when Senator John McCain (R-AZ), himself a victim of torture, and Senators John Warner (R-VA) and Lindsay Graham (R-SC), pushed for language providing better protections against abusive interrogations. 

After extensive negotiation, and with significant input from the Department of Defense and Intelligence Community, Congress reached agreement on a new bill, H.R. 6166, the Military Commissions Act of 2006.  This legislation would establish a new set of military commissions authorized to bring to trial “unlawful enemy combatants.”  Most importantly, this measure will allow us to bring terrorists to justice in a manner consistent with the Geneva Conventions.  For this reason, I was pleased to vote in favor of H.R. 6166 when it passed the House of Representatives by a vote of 253-168. 

America has always held the moral high ground, and the evils of terrorism should not compromise our nation’s integrity.  I am confident that this legislation will enhance our security and at the same time, uphold the set of values America has cherished since its founding.