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DINGELLCAST 10 - DETAINEES - TEXT

Hello this is Congressman John Dingell and welcome to my podcast.

For 219 years, the Constitution has been the definitive statement of our ideals and beliefs as Americans. It has guided our nation, providing the flexibility and fortitude to answer the challenges that we have faced. As the world changes, new challenges arise, challenges that refocus our attention to the legacy our founding fathers and their successors have left behind.

The September 11th attacks and the War on Terror have caused us to ask questions about our Constitution. In this age of terrorism, the United States has failed to ensure that we live up to our Constitutional ideals concerning our conduct toward those captured in this war. Rather than trying those suspected of terrorism, we have shipped many to Guantanamo Bay, Cuba where they remain in legal purgatory. Many have been in prison for years and have yet to be charged or tried.

Our Constitution does not allow for this type of indefinite detainment. However, the current Administration has worked hard to obfuscate the law, and has used questionable tactics in order to keep all of these prisoners behind bars, regardless of their guilt or innocence. While these people are not American citizens, we must, as a nation, live up to our reputation and to our own Constitution. These people must be tried before a tribunal to decide their guilt or innocence.

While I understand that some may say, “Dingell, don’t tie our nation’s hands by giving these people rights.” I only ask the same question that Republican Senator Lindsey Graham asks in judging the tribunals, “If this were a foreign tribunal by which an American soldier was to be tried, is it fair?” We must make the right decision and live up to the promise of our Constitution to establish justice or else we put at risk Americans who are serving overseas and who may one day be tried by a foreign government. If we do not set a careful precedent, it opens the door for foreign governments to look at America’s past actions, determine that the case before them does not need an impartial jury or, worse yet, allow for the treatment of American prisoners similar to the detainee abuse cases from Abu Ghraib and Guantanamo Bay. It is our duty as Americans to honor the time tested Geneva Conventions in order to protect our servicemen and women, and to live up to our principles by charging and trying those detainees currently in custody.

As a veteran, I have complete confidence in the fairness and impartiality of the military justice system. My concern, however, is that the Administration seems to be wavering on its commitment to these tribunals. Instead, the Administration arrogantly tried to modify the use of the Geneva Conventions in order to create a looser interpretation of the tactics used against those held in detention centers.

The credibility of the United States is on the line; we must show the world that we are not only committed to maintaining an open, honest, and consistent justice system, but also that we respect internationally recognized legal precedents. We must fight the circumvention of long-held legal traditions. We must show the world our system of justice is open, honest, and uncorrupted by other considerations. American credibility is on the line. We must do the right thing.

This is John Dingell. Thank you for listening.