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WASHINGTON, DC -- Congressman David Wu made the following statement today regarding H.R. 6166, the Military Commissions Act:
"Habeas corpus is an ancient doctrine that has been with us since at least the days of Charles I. It has presented difficulties to many American Presidents from Jefferson to Lincoln to Grant to Roosevelt.
"We have the power to do much in restricting habeas corpus; but we should so very, very carefully because it is the protection from tyranny that our forebears sought in revolution.
"Congress here is entering upon dangerous constitutional shoal waters, and it is, in my belief, unconstitutionally limiting access to habeas corpus.
"This legislation does not just apply to enemy aliens, but it also has an untold effect on every American's right to habeas corpus. We are not talking about their rights; we're talking about our rights.
"Let us say that my wife, a sixth generation Oregonian, is walking and is picked up as an unlawful enemy combatant. What is her recourse? She says, 'I'm a U.S. citizen.' But that is a jurisdictional fact under this statute, and she will not have recourse to the courts. She can take it to Donald Rumsfeld, at a time determined by a military commission, but she does not have the right to take it across the street to an Article 3 court."
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